1. Because Drake and Keeler’s employer meets the standard for coverage under the LMRA by engaging in interstate commerce, which specific employee right protected by Sec. 7 of the LMRA could Drake and Keeler argue they were engaged in which at least partially motivated the employer’s decision to discharge them? CASE STUDY 3-1 The Employer is a small, nonunion furniture manufacturer with 15 employees engaged in interstate commerce. Both of the employees involved in this case worked in the machine shop building as band-saw operators. Because the band saws were located near the shop’s large overhead door, to facilitate the disposal of sawdust, the band-saw operators were often subject to lower temperatures and drafts on cool or cold days, whereas other employees farther from the overhead door often felt too warm. To resolve this longstanding problem, the plant manager established a rule that stated: ‘‘The overhead door will remain open when the temperature in the shop exceeds 68 degrees and closed when the temperature is at or below 68 degrees.’’

On the day in question, employees Drake and Keeler, who were both band-saw operators, complained to the shop supervisor that they were too cold and requested that the overhead door be closed.

When questioned by the shop supervisor, the majority of the other shop employees present responded that they thought the door should be left open.

The thermometer on the wall of the shop supervisor’s office, located in approximately the center of the machine shop building, read 72 degrees.