ABC Company: John’s Case Essay

Labor Law

ABC, a large, national business, forbade its employees to do any union activities on its properties. Jones, an employee, distributed written, union materials before his time for his work began on company property. ABC fired Jones for violating their rules. Is ABC’s action an unfair labor practice? Why?

Facts

1. The company has a rule “No union activities on its properties”.
2. John distributed materials in the company.
3. John is fired.

Issue

The company’s action is considered an unfair practice according to the national labor relations.

John has the right to do any union activity as an employee. He was just distributing papers before his time, so legally he is like an outsider who is just passing by and throwing some flyers to others.

Reason

NATIONAL LABOR RELATIONS ACT, Title 29, Chapter 7, Subchapter II, United States Code] , RIGHTS OF EMPLOYEES, Sec. 7. [§ 157.],“Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their choosing, and to engage in other concerted activities for collective bargaining or other mutual aid or protection, and shall also have the right to refrain from any or all such activities”.

NATIONAL LABOR RELATIONS ACT, Title 29, Chapter 7, Subchapter II, United States Code] , UNFAIR LABOR PRACTICES, Sec. 8. [§ 158.] “(a) [Unfair labor practices by employer] It shall be an unfair labor practice for an employer–(1) to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in section 7”

Solution

As it seems not interfering with his job, The Company may first try to speak with John that this action is upsetting the company and try to give him a good point of view and some explanation for their rules. This will open channels between the employer and his employees, on the other hand involving the employee in the discussion may give him great self steam and good working will.

Civil Rights Act of 1964

Armistead gets hired by State X to work as a clerk in the Bureau of Traffic Safety. She has experience in the area before she took this job, and she was extensively trained after being employed. She was soon promoted, and after her supervisor resigned, she performed many of his functions.

His job remained unfilled and she applied for it. Nothing happened for 6 months, and then a male employee was brought in from another area and made supervisor. Armistead alleges discrimination under Title VII. State X argues that it used non-discriminatory criteria in evaluating both parties for the supervisor’s job. Does Title VII require that State X hire Amistead as the supervisor if she and the male employee are equally qualified?

Facts

1. Armistead is hired as a clerk in the bureau of traffic safety for her experience.
2. Besides her experience , she had good training too and did some supervise functions
3. She applied for the unfilled supervisor job.
4. The state gave the job to a male individual.

Issue

The Bureau of Traffic must evaluate both Armistead and the male employee for this job and if they both have equal qualifications it is better to promote Armistead.

Reason

The U.S. Department of Labor (DOL) has “Equal opportunity laws “. It states that all individuals have an equal opportunity to apply for a certain job. Only qualifications and the ability to carry out the job that matters not being a male or a female.

Females now concord all jobs even being judges and presidents. So it is not a matter of being a female.

So is it a matter of promoting Amistead twice within 6 months? If she is already qualified and carrying out the job in a good way, so I see no reason she could not take the job.

Solution

The Bureau of Traffic should not waste Amistead experience and knowledge in her position. Armistead should be tested again for the qualification for the job and if she is capable, then she should take the job and the Bureau of Traffic must begin looking for someone less experienced than both candidates to fulfill Amistead’s previous job.

This may cost less, as the newcomer will be a kind of fresh to the job.

Environmental Law

International Paint Company wants to sell a large tract of land with several facilities on it to U.S Parts, Inc. As acquisitions manager for U.S Parts,

What do you need to know before buying this land, other than that international paint has good ownership, that your company needs the site, and that the price is right?

I need to know:

1. Is there any other alternative than buying this land?
2. Can I bargain with the price?
3. Will its price rise with time?
4. What else could it be used in?
5. Does it have the full infrastructure? (If city or community water and sewer connections are available on the lot or land. Make sure electricity, phone service, and cable connections are available at the property)
6. Is it insured? What are the installments of insurance? Are all due installments paid?
7. Ask about taxes? How much must the company pay for owning the land?
8. Does the land have any due tax installments?
9. What about Its state deed?
10. Is not accessible by a public road?
11. Something about the history of the land and its owners? (If there are environmental hazards on the land, such as old buried oil or gas tanks)
12. Are there any construction regulations or rules for this piece of land?
13. How much will I pay as commission?

Why might you need to know the environmental condition of the land?

I need to know the environmental conditions for the land to know if these environmental conditions are useful for my project or they may harm it. For example, I may plan to do glasshouses and plant some vegetables or fruits. Being aware of the environmental conditions will make me decide what to do.

Environmental conditions affect the way of construction in case I want to build something on the land.

This could also help me in knowing how to make use of these conditions for my best use. For example, this land may be exposed to the very strong sun which makes me decide to make use of solar heaters or conductors for storing energy.

What steps might you want to take before buying the land?

As I am working for a company, so I need to do things as professionally as possible. Sure it differs from buying the land as individuals.

I might take the following procedures:

1. Make sure by written approval that the company needs the land and is ready to buy?
2. Make a group to work with to finalize this matter?
3. Make sure of all the company financial status and how they are willing to pay?
4. Get good information about why the company wanted this land? This is to know the purpose of buying the land so I could be able to choose the right spot.
5. Get information about the company plan for using this land? For example, Will they need to do a building or a store? How big is the building? Will they have some employee resident there?
6. Find more than one agency to work with so I can get more than one offer and has the opportunity to choose between different locations and specifications.
7. When deciding on the agency, and then the land, I need to know much information about the land as mentioned before.