FACTS

Christian Smalls was an employee for five (5) years at the Amazon Fulfillment Center, Staten Island, New York. Mr. Smalls was in a management level position with a job title of Process Assistant. He was terminated on Monday, March 30, 2020 for "violating social distancing guidelines and putting the safety of others at risk." All Amazon employees are at-will workers.

On March 13, 2020, the Staten Island Fulfillment Center began taking the temperature of all employees reporting to work as a precaution against COVID-19. Barbara Chandler is an Amazon employee at the Staten Island Fulfillment Center and has the title of Associate. Ms. Chandler was supervised by Mr. Smalls. Ms. Chandler reported to work on Tuesday, March 24th after having been tested for COVID-19 (Corona Virus) on Monday, March 23rd. She had not received the test results, did not have a fever, but definitely was not feeling well.

Mr. Smalls observed that Ms. Chandler did not appear well. She informed Mr. Smalls that she had been tested for COVID-19 and he told her to go home. Ms. Chandler received a positive COVID-19 test result on Wednesday, March 25th and informed the company. At that point, Amazon told Mr. Smalls about the positive result and sent him home to self-quarantine for fourteen (14) days, with pay. This was based on his contact with Ms. Chandler. None of Ms. Chandler's co-workers were sent home to self-quarantine.

Mr. Smalls did not report to work. He did, however, organize and attend a protest with other workers in front of the Staten Island Fulfillment Center on Monday, March 30th. There were two issues that the workers wanted Amazon to address: (1) to temporarily shut down the Fulfillment Center for deep cleaning because at least one worker was known to have tested positive for COVID-19; and (2) to provide paid sick leave for employees who had not reported to work during the month of March because they were vulnerable based on age or preexisting condition if they were in contact with COVID-19.

After the protest, on Monday, March 30th, Amazon terminated Mr. Smalls for "violating social distancing guidelines and putting the safety of others at risk" by coming to the Fulfillment Center for the protest and violating self-quarantine conditions. When asked about Mr. Smalls' termination, Amazon stated: "Our employees are heroes fighting for their community and helping people get critical items they need in this crisis." Further, "[w]e have taken extreme measures to keep people safe, tripling down on deep cleaning, procuring safety supplies that are available, and changing processes to ensure employees in our buildings are keeping safe distances." Evie Fordham, FOX Business, March 30, 2020.

QUESTION

What unfair labor practice charge(s) could Mr. Smalls file with the National Labor Relations Board? Be sure to identify the section(s) of the National Labor Relations Act that Mr. Smalls would charge and the facts to support each charge.

NOTE: If the charge is under Section 8(a)(1) or 8(b)(1))A), the rights guaranteed under Section 7 need to be identified as well.

NATIONAL LABOR RELATIONS ACT RIGHTS OF EMPLOYEES

Sec. 7. Employees shall have the right to

self-organization, to form, join, or assist labor organizations,

to bargain collectively through representatives of their own choosing,

and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection,

and shall also have the right to refrain from any or all of such activities

except to the extent that such right may be affected by an agreement requiring membership in a labor organization as a condition of employment as authorized in section 8(a)(3)....

UNFAIR LABOR PRACTICES

Sec. 8. [ 158.] (a) [Unfair labor practices by employer] It shall be an unfair labor practice for an employer

(1) to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in section 7...;

(2) to dominate or interfere with the formation or administration of any labor organization or contribute financial or other support to it: Provided, That subject to rules and regulations made and published by the Board pursuant to section 6 [section 156 of this title], an employer shall not be prohibited from permitting employees to confer with him during working hours without loss of time or pay;

(3) by discrimination in regard to hire or tenure of employment or any term or condition of employment to encourage or discourage membership in any labor organization: Provided, That nothing in this Act..., or in any other statute of the United States, shall preclude an employer from making an agreement with a labor organization... to require as a condition of employment membership therein on or after the thirtieth day following the beginning of such employment or the effective date of such agreement, whichever is the later, ...

(4) to discharge or otherwise discriminate against an employee because he has filed charges or given testimony under this Act...;

(5) to refuse to bargain collectively with the representatives of his employees,....

(b) [Unfair labor practices by labor organization] It shall be an unfair labor practice for a labor organization or its agents

(1)to restrain or coerce (A) employees in the exercise of the rights guaranteed in section 7...: Provided, That this paragraph shall not impair the right of a labor organization to prescribe its own rules with respect to the acquisition or retention of membership therein;

or (B) an employer in the selection of his representatives for the purposes of collective bargaining or the adjustment of grievances;

(2)to cause or attempt to cause an employer to discriminate against an employee in violation of subsection (a)(3)...

or to discriminate against an employee with respect to whom membership in such organization has been denied or terminated on some ground other than his failure to tender the periodic dues and the initiation fees uniformly required as a condition of acquiring or retaining membership;

(3) to refuse to bargain collectively with an employer, provided it is the representative of his employees subject to the provisions of section 9(a)...;....