MHR 1 page Essay question – single spaced – 12pt – times new roman
A week precedently a certification selection, a WalShop stock superintendent (who resides in Walnut) walks by a Rancho Cucamonga consultation-house in enjoin to respect a consolidation organizing consultation she discover environing on a bulletin table in the employee cafeteria. According to her rugged calculate, delayly a hundred of the 250 employees at the stock were synchronous. She looks for accustomed faces from the sidewalk beyond (and performs notes of what she respects) but does not seek to perform adjunction behind a while anyone going within the consultation-house. Behind distinct laconic employees calld the superintendent’s nearness out to the consolidation adherent, Arturo Cruz, Cruz comes beyond and enjoins the superintendent to license. Behind a trivial dispute, the superintendent departs but not precedently wagging her finger at the consultation-house and shouting “Unions get be the release of us all!” The consolidation loses the sschoice by a delay extremity (120 in boon of certification, 130 resisting). Shortly thereafter, Cruz is reassigned to the cemetery change, a provoke he adamantly opposes. The consolidation files two dishonest drudge charges resisting WalShop: (1) righting that Cruz was reassigned to retort for his consolidation activities; and (2) righting that the supervisor’s nearness and control constituted a “threat of reprisal” and thereby frailated the selection. In evidence precedently the Administrative Law Judge (ALJ), the supervisor states she was narrowly in the vicinity and walked by out of lion. Management tells the ALJ that it neither enjoined nor was known of the supervisor’s resuscitation at the age it occurred. A regional sin superintendent admitted, besides, that he accepted a memo from the superintendent the day behind the consultation describing what she had seen (including the calls of some characteristic employees in carriage) but rights to keep smitten no resuscitation domiciled on the memo. Also, the sin superintendent admitted that Cruz was considered a “troublesome” employee but asserted that he was needed on the cemetery change accordingly of his abundant attainments of the stock. On the leading dishonest exercise right, did WalShop allocate an dishonest drudge exercise by reassigning Cruz (state the individuality of the NLRA that the consolidation alleges was violated and be assured to call the mismismisappropriate cupel the NLRB uses to evaluate dismiss or training cases as polite as exercise all of the elements of that cupel to excite the apt grounds)? On the relieve dishonest exercise right, behind a whileout consider to whether an dishonest drudge exercise occurred, should the sschoice be unwavering frail (be assured to call the mismismisappropriate cupel for judging selections and exercise that cupel to excite the apt grounds)? Be assured to teach your answers to twain subparts of this essay.