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Labor Relations Law and Employment Contract Coursework

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Updated: Apr 12th, 2021

Abstract

The grievances raised by Jack, in this case, are important as far as the contract of employment is concerned. The contract of employment is supposed to lay out the rights of the workers. The rights should be protected at all times. Other rights, such as forming the workers union should be spelt out clearly and any employee who joins the workers union should not be victimized because it is their right to join a body to fight for their rights. Jack is raising very pertinent issues in regard to the treatment he is receiving in the workplace. He should file a complaint with the National Labor Relations Board for action to be taken against Eric.

Introduction

The issues of mistreatment come out clearly in this case because Eric is forcing Jack to leave his job. Jack is denied crucial information relating to the day-to-day activities of the workplace. On the same note, he has been bullied by Eric. The reasons for the harassment are based on the fact that he joined a workers union, yet Eric is against the formation of the union. Failure to have the right information passed to Jack has portrayed him as an underperformer. Jack further alleges that he has been picked on for several occasions. Jack decided that he would not attend work the following day due to unfair treatment. He called Steve, who told him not to turn up for work if he was stressed. On the question of what will happen in this situation, it is important to note that there are very clear violations that should be addressed (Mitchell & Trottman, 2011).

Case Investigation

Unfair treatment forms a strong case. The National Labor Relations Board has the mandate of ensuring that it investigates the cases of mistreatment. The first step is to investigate the complaints raised by a worker. After completing its investigation, the board should provide the remedies available if it is evident that the employee has been mistreated. Jack in this case should file a complaint with the National Labor Relations Board (National Labor Relations Board, 2012). The mandate of the board is restricted to finding evidence that can support any claim that an employee has alleged to exist in a given situation. From the outset, the allegations raised in this case fall in the category of unfair labor practices. Any practice that leads to undue hardships, such as a worker being picked on amounts to an unfair labor practice. Jack in this case should ensure that he categorizes the mistreatment in the above category. Grievance management is one of the ways that the employer and Jack can use to resolve the matter (Verma, 2005).

The essential steps, in this case, involve bringing the parties in the dispute before the board to ascertain the problem and how it can be resolved. The resolution of the issue requires that Jack, Steve, and Phil be interviewed differently. This will ensure that the real problem is ascertained. The human resources manager can adopt the option of interviewing each person separately. The statements made by the parties should be recorded or written down for easier reference. Once the real problem has been diagnosed, the next step would be to provide a lasting solution that would balance the interests of the parties. If the matter raises serious grievances, then the human resources manager may choose to have the matter taken to the National Labor Relations Board.

It means that some of the grievances on unfair practices may be way beyond the scope of the human resources manager. If the grievances include cases of unfair practices, then it is essential to take the grievances to the right body. The process of ascertaining the proper body to take the decision should be based on the factual evidence presented by the parties. If the allegations made by Jack are not substantiated, then the human resources manager should consider getting solutions that are applicable at the workplace by ensuring that there is a form of punishment for the parties that are found guilty. The process should be designed to provide a mechanism that settles the dispute (Esterl & Carey, 2010). Transferring the employees to different departments would ensure that the conflict is resolved. As a human resources manager in this plant, it would be essential to seek the opinion of other workers in the same department as Jack. An independent party may help in getting to the bottom of the matter (Congress, 2009).

An employee who is found guilty of unfair practices is not fit to hold any position in the plant. It is important to consider how to implement the findings in the plant, bearing in mind the findings of the National Labor Relations Board. The plant should set up a grievance management body designed to ensure that the grievances made by Jack and other parties are heard and determined. The decision by the grievance management body should be implemented to ensure that the parties in the dispute settle the matter and work together again. The reason why it is important to get to the bottom of the matter is to ensure that the matter does not recur in the future. The process of coming up with a decision that is sound to the plant entails the human resources manager considering what is good for the plant. The grievances of each party should also be settled. It is important to understand the sources of conflict to enhance a smooth working environment in the plant. The most essential step is to avoid a situation where the plant is marred by grievances. Consequently, it would be prudent to consider that there is a set grievance mechanism (Devinatz, 2013).

Conclusion

The employee grievances are classified depending on their magnitude. Some grievances will require the intervention of the National Labor Relations Board. The category of grievances that have been raised by Jack can be classified into two main categories. The first category entails the grievances that can be settled by the grievance management body within the plant, while the second category encompasses the grievances that are a part of the disciplinary action before the National Labor Relations Board. The Labor Relations Board has the responsibility of ensuring that it deals with matters of unfair practices.

References

Congress. (2009). The United States Code 2006: General Index, H-Q. Washington, DC: Government Printing Office.

Cozzillio, M. J. (2002). United States Code, 2000: General Index, E-H. Washington, DC: U S Government Printing Office.

Devinatz, V. G. (2013). The crisis of US trade unionism and what needs to be done. Labor Law Journal, 64(1), 5-19.

Esterl, M., & Carey, S. (2010). Wall Street Journal (Online). Web.

Mitchell, J., & Trottman, M. (2011). U.S. News: Airport screeners allowed to unionize. Wall Street Journal (Eastern Edition), p. A.3. Web.

National Labor Relations Board. (2012). Decisions and Orders of the National Labor Relations Board: April 24, 2009 through January 10, 2010. Washington, DC: Government Printing Office.

Verma, A. (2005). What do unions do to the workplace? Union impact on management and HRM. Journal of Labour Research, 26(3), 415-416.

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IvyPanda. 2021. "Labor Relations Law and Employment Contract." April 12, 2021. https://ivypanda.com/essays/labor-relations-law-and-employment-contract/.

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IvyPanda. (2021) 'Labor Relations Law and Employment Contract'. 12 April.

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