It is very realistic when it comes to addressing the grooming standards of the male employees of the Southwest Airlines. Grooming values as well as dressing mostly have reasonable variances based on gender. For instance, only male ramp agents who have long hair are allowed to wear caps whereas the females are not considered to wear caps despite their long hair. However, if the principles are uniformly applied, they can be sensible and legal. Also, the standards imposed on men and women can be different, but they should be based on job requirements. 2. Can an employer unilaterally impose a grooming rule over the objections of its employees or their bargaining agent? According to the case study grooming standards at Southwest Airlines, an employer cannot unilaterally impose a grooming rule over the objections of its employees or their bargaining agent. This is because each company has its own rules such as grooming principles which are enforced on a uniform basis. On the other hand, the employees are under a union contract whereby the employers should not exploit them. The union supports the workers prohibiting the employers from imposing unilaterally grooming rule over the objections of its employees or their bargaining agent. 3. How valid is the company’s argument that the labor agreement with maintenance employees is “beyond the scope of this grievance”? Collective bargaining agreement is a contract that exists amid the employer and employee. One union for
The statements made by the employer appear to coincide with an unlawful promise of benefits, and therefore, are unacceptable in relation to the act. The concept of “positive coercion” is addressed in the case study, and these actions directly influence the manner
Flight Attendants were worried about the arbitrary process MCA’s management used to resolve issues, expressly the margining of the seniority list and working conditions. This was a concern of job security.
However, the ruling in this case and others like it prove that employers can, in fact, be bound by articles written in an employee handbook when disciplining or discharging an employee. An abysmally written handbook can greatly jeopardize an employer’s right to terminate at will. Trends show that courts are increasingly acknowledging enforceable promises in the past employment practices of firms, in employer handbooks and in oral commitments. In addition to including an at-will disclaimer in employee handbooks, employers should also require employees to sign an acknowledgment confirming that they understand and agree to employment-at-will and that at-will employment can at any time be modified by a written agreement. Personnel manuals should explicitly state that the employer reserves the right to terminate employment at will. All written policies should also be free of any language that could be considered as a guarantee of job security. To be sure that these common pitfalls are avoided employers must retain the service of a labor attorney to draft and air-tight employee manual and acknowledgment
Legislation by state and federal arms of government has made discrimination in workplaces illegal. This piece of legislation goes further to stipulate the rights and responsibilities of both the subordinates and their employers in the workplace. This legislation aims to bring sanity in the workplace by ensuring that both groups are accountable.
In 1980, a precedent was set in a Michigan court case involving a man named Charles Toussaint who was suing his employer, BlueCross Blue Shield, for wrongful termination based on the guidelines set in the employee manual (Alfred and Bertsche 33). The manual stated that employees would only be terminated for just cause, and the court decided that Blue Cross had violated the agreements in the employee manual (34). The court also ruled that even with Blue Cross’s efforts to provide a document that “issued non-binding guidelines” the employee manual was a contract and Toussiant was wrongfully terminated (34). After the precedent set by this case many employers and employees for that matter were reviewing their employee manuals for the type of
3. If you were a member of the NLRB, how would you rule in this case and why?
CBA is a written and signed document between a company and a labor organization specifying the terms and conditions of employment for a specified period of time. The written agreement is then a contract between the employer and the employees. Collective bargaining is a continuous process, beginning with the negotiation of a contract through the entirety of the contract with almost daily interpretation and administration of its provisions.
1. What is the legal issue in this case? Linda Dillon appealed her case against her employer, Champion Jogbra, on the grounds of wrongful termination. The company’s progressive policy for disciplinary action was not applied. Therefore, Dillon makes her claim that her at will status was modified according to the employee handbook and practices. Employee’s handbook should be written clearly and reviewed by legal experts (Walsh, 2010). Champion Jogbra countered that Dillon was an at-will employee and she could be terminated at any time. Dillon also, argues against that the
This is a problem that could occur between the employee and employer, it is a complaint that they could have against each other for something that either of them has done wrong.
23. Contract Collective Work : It is an agreement between one or more unions of workers and one or more employers or one or more unions of employers, in order to establish the conditions under which the work must be in a business or establishment. The employer who employs workers members of a union shall be bound to celebrate with
On 24th October 2012, the employee Mrs Smith reported a grievance against Mr Hamilton on the grounds of age discrimination. The act of discrimination was reported to be on the 10th October 2012. Mrs Smith reported this grievance verbally to Mrs Tool (manager) on the 10th October 2012. However Mrs Smith felt the outcome of the verbal report had not resolved the matter and therefore reported the grievance formally in writing on the 24th October 2012. Mrs Smith wanted her grievance to be discussed formally and resolved. The grievance report was received and dealt with by
Of these, eleven of the fourteen rules could be considered acceptable in today’s labor market. Such as needing permission to leave before the end of the workday, not being allowed to relieve yourself in places not designated for doing so, not being allowed to smoke in certain areas during work hours, and immediate dismissal of anyone who comes to work drunk. These are acceptable and reasonable terms that should be easy for the employees to follow, and the employers to enforce.
–flight chaperons wearing hot jeans) and situated in the Southwestern piece of the USA to a culture of shared objectives, shared learning and common admiration for a national organization with more than 29,000 employees. The unique corporate culture and staff inspiration framework have guaranteed high efficiency, and abnormal state of unwaveringness of employees and customers, which is in light of an in number feel of connection, obligation, and having a place – the establishment of dependability and long haul business
Collective bargaining is the process by which conditions of employment are negotiated between management, and the labor organization representing employees in the bargaining unit. However, “collective bargaining refers to a situation in which union members and officials meet with an intent to resolve any issues or conflicts, in an attempt to maintain relationships” (Holley, Jennings, & Wolters, 2012, p. 243). The collective bargaining process relies on four aspects: recognition of the meeting, meeting with appropriate parties, bargaining in good faith, and incorporating the reached agreement (Adam, 1997). Nevertheless, collective bargaining activities are governed by the National Labor Relations Act (NLRA). The NLRA requires bargaining