Bill Wilson, the president of County Beer Company, learns some employees have contacted the Beer Workers Union
Question:
Bill Wilson, the president of County Beer Company, learns some employees have contacted the Beer Workers Union and that the union is getting ready to file an application for certification. Bill calls Amanda, the human resource manager, into his office, and the two discussed how to respond. They decide that they should speak to the employees, and they order the workers to attend a meeting in the cafeteria. Bill welcomes everyone and then read the following statement:
I've called you here today because there is a rumor circulating of a union organizing campaign. I want to explain some things to you. First, you do not need a union to represent you. This is a small, family run business and we have always treated you like family here. Unions are a business that is interested in collecting more union dues. They cannot make this business more successful, and a successful business is the only thing that can lead to better pay and benefits for all of you. So don't believe the union's promises.
We are in a competitive industry, and we operate with a small profit margin already. Any actions by employees that disrupt production or cause production costs to rise could threaten the viability of the business. Unions sometimes go on strike, and a strike could seriously threaten the viability of this business, since we may lose customers that we may not be able to get back. It's your choice whether to join the union or not, and we respect your right to choose, but I recommend that you do not support unionization. Please feel free to talk to me if you have any questions.
Do you believe that Bill's speech falls within the scope of lawful employer expression protected by collective bargaining legislation? Explain your response.
2. Bill learns that the employee who is leading the campaign is Mark Anthony, a shipping and receiving employee. Mark has been suspended in a past for poor work performance, and yesterday he punched in 15 minutes late without any reason given. Bill thinks that the lateness combined with the earlier suspension shows Mark's performance has deteriorated. He decides to dismiss Mark, but to avoid a wrongful dismissal lawsuit, he provides Mark with the amount of notice required by his employment contract. Is Mark's termination lawful?
Expert Answer:
1 Bills Speech and Collective Bargaining Legislation Bills speech may not fall within the scope of lawful employer expression protected by collective ... View the full answer
