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Employment Law and Policy - Essay Example

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An essay "Employment Law and Policy" reports that the Health Care and Retirement Corporation (HCR) in the provided scenario does not look to violate the Section 8 (a) (1) of the NLRA by discharging the three nurses. On a number of occasions, the three nurses defied the codes of conduct. …
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Employment Law and Policy
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Download file to see previous pages First, when they went to meet with Ms. Young, they should have waited for the next meeting time as she did not deny addressing their issues. They began their journey to the headquarters. Second, while investigating the matters highlighted by the three nurses, Custer did not observe the similar discontent from the department heads that was portrayed by the three nurses; rather, the department heads supported Ms. Young. Third, the department heads informed about their reservations over the unprofessional conduct and behavior of the three nurses. Fourth, the Ms. Young also complained about the improper and lack of cooperation from the three nurses. Subsequent to that, when Custer asked each person at the meeting for the names of the people he or she thought responsible for the tension at the Heartland facility, a considerable number of counts highlighted the major involvement of the three nurses. More importantly, when in March, the HR Director Custer was announcing his decisions resolving the issue; defiance and resistance to change was personally felt by the Director that was largely contributed by the three nurses. In almost every organization, a code of conduct is established and the employees are required to support and follow the requirements of it. Mostly, a number of organizations emphasize its enforcement so that the smooth functioning of the organization must remain active and continue. However, the conduct of the three nurses did not respect the established code of conduct; rather, they went against it. ...
However, the conduct of the three nurses did not respect the established code of conduct; rather, they went against it. And, the subsequent investigation proved and necessitated the employment termination of the three nurses. Impasses, Strikes, and Dispute Resolution The Mackay doctrine permits employers to hire permanent replacement workers for strikers (Hatton, 2011, p. 97). However, the United States also maintains that its laws guarantee the right of association and the right to strike and that the ‘Mackay doctrine’ must not violate the right to strike (Compa & Diamond, 1996, p.35). The inverse seniority step violates the sanctity of the Section 8(a) (1) of the NLRA. This Section maintains that any attempt by the employers shall be deemed as an unfair labor practice that interfere with, coerce or restrain employees in the exercise of their rights to join or assist labor organizations, or not to assist or join labor organizations. The inverse seniority option offered by the Child Care Services Inc. (CCSI) represents a clear act of interfering in the employee rights to assist or perform labor organization related activities and the inverse seniority would bring the replacements first for the most senior members; and, in the very first attempt of replacement, the main union members of the American Federation of State, County, and Municipal Employees (AFSCME) would be replaced in the case of strike; this action directly breaches the workers’ rights and puts additional pressure on them so that they should avoid exercising their legal rights for obtaining their objectives. On the other hand, Mackay doctrine permits the employers to hire replacement workers in the ...Download file to see next pages Read More
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