In legal terms breaching can be explained as the violation of legal obligation by an individual or a group of people. The following cases will further explain how the offence can be carried out. In a case presented in Phoenix, Arizona from September to October of 2004 before the National Labor Regulation Board, Marcela Johnson (complaint) filed a suite against Charles Schwab & Co., Inc. (respondent) for allegedly violating the National Labor Regulations Act section 8(a) (1).
The complainant sued the company she was working in, claiming they had terminated her employment services because she complained to her employer about the working conditions which she described as poor and the sexual harassment experiences directed towards her and other employees by a fellow employee Ed Steinert.
The board later concluded that indeed the employer had the violated the section (7) of the act by not allowing employees to discuss their sexual harassment complaints among themselves and that he had failed to establish a legal and substantial justification of its rule but (Oakstone Legal & Business 1999).
In another case heard in the U.S Supreme Court, Thompson v north American stainless, the employee Thompson allegedly filed a case against the company he was working at because they fired him on allegations of retaliation by the company because his fiancée was facing sex discrimination from their employer.
Eric Thomson and his fiancée Miriam Regaldo were individuals working in the same company, North American Stainless (NAS). In 2003, Miriam filed a complaint of sex discrimination against the company which resulted in Thompson being fired. He later filed a suit to the Supreme Court approving the retaliation claims. (Adam & Paul 2011).
In the case of Marcela Johnson vs. Charles Schwab & Co., Inc the violation of the section seven of the national Labor Relations Act was indeed illegal. The fact was that after the complaint presented her sexual harassment claims, she was requested to keep silent on the matter.
This shows that the employer was wrong to do so because they (company) did not have policies that prevented the employees from discussing sexual harassment claims among themselves neither had they been summoned if anything of the sort happens, where they would face disciplinary actions. (Patrick & James, 2008)
The Board emphasized that the employees have a right to discuss discipline or any disciplinary investigations involving fellow employees including discussing sexual harassment issues as stated in the employees exercise of Section 7 rights.
In the second case Thompson v North American stainless, the Supreme Court after hearing the claims presented ruled that the title vii, anti relation provision statutes that prohibits discrimination against race, color, religion, sex or national origin and if any of the stated claims are considered to have been violated then there would be compensations terms or provision of employment.
It also sated that “the anti relation provision prohibited an employer from discriminating other employers”. The court acknowledged that action of firing a member of a family could lead to case of retaliation by another member related to the victim the Title VII could not be used as a clear set of rule to stop an anti-retaliation case to be filed. (National Labor Relations board, 2002)
Every company, organization or any form of activity that employees or have people working in should have policies that govern the working ethics of the employees and employers. These people must adhere to the code of conduct as the policies have been stipulated and failure of following the policies or laws would result in serious legal consequences thus, each individual should be aware of the consequences (John 2009).
In the United States there are bodies that ensure there are no unfair labor practices and one such body is the National Labor Relations Board (NLRB). It’s an agency that is in charge of all matters concerning unfair labor practices including issues like being in charge of elections of labor unions. According to section 8 of the NLRB Acts
“under the right of employees, the expressing of any views, argument or opinion, or the any kind of dissemination whether in written, printed, graphic or visual form shall not constitute or be evidence of an unfair labor practice under the provisions of this Act, if such expression contains no threat or force or promise of benefit.” this section shows that in the case of Marcela Johnson vs Charles Schwab & Co the company had violet the rights of their employee.” (National Labor relations board 2011).
Thompson v North American Stainless case, as presented to the Supreme Court brought out the fact that all employees have their rights and the rights should not be violated at any point because the violator would face consequences. (William 2004)
According to the supreme court retaliation charges made by employees could be filed not only by the victims for example, in the case of discrimination, the employee who is discriminated upon is not the only one who can file the charge but also any person who has any form of relation with the victim can file the suite (National Labor Relations board 2011).
As stated in the NLRB Act “to cause or attempt of an employer to discriminate against an employee in violation to subsection (a) (3) or to discriminate against an employee with respect to membership in an organization is prohibited.” From the United States Department of Labor, an executive order 11246 prohibits any organization from discriminating against their workers in either way be it race color, religion sex or even national origin. (United States Department of Labor 2011)
References
Adam L.G & Bill.P. (2011) U.S. Supreme Court Approves Retaliation Claim By Fiancée Of Complaining Employee. Web.
National Labor Relations board. (2002). Rules and Regulations and Statements of Procedure. Web.
National Labor relations board. ( 2011). National Labor Relations Act. Web.
John F. (2009). Business Ethics: Ethical Decision Making and Cases. Edition7, revised NY ,New York: Cengage Learning.
Oakstone Legal & Business (1999) United States Supreme Court employment cases Publishing, Inc. Edition5. Birmingham, AL: Oakstone.
Patrick J. C. & James (2008) O. C. Employment & Labor Law South-Western Legal Studies in Business Academic Edition. New York, NY: Cengage Learning.
United States Department of Labor (2011). Equal employment opportunity. Web.
William H. S. (2004) Business ethics. Author Co. Edition5. Belmont, CA: Thomson/Wadsworth.