Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Santos Diaz, Antonio Lopez, Rafael Naraes, and Jose Rivera worked on the dock crew for Mike Yurosek & Son, Inc., a vegetable packing company. Each

Santos Diaz, Antonio Lopez, Rafael Naraes, and Jose Rivera worked on the dock crew for Mike Yurosek & Son, Inc., a vegetable packing company. Each had been employed by Yurosek for between 9 and 15 years. In early September 1990, warehouse manager Juan Garza announced to the dock crew members that he was reducing their hours to approximately 36 a week. Some of the employees complained that the new schedule would not provide enough time to finish their work. Garza apparently responded: “That’s the way it’s going to be. ⋯ You are going to punch [out] ⋯ exactly at the time that I tell you.”

On September 24, pursuant to the new schedule, the crew was scheduled to work from 10:00 a.m. to 4:30 p.m. Shortly before 4:30, foreman Jaime Ortiz approached each of the four employees individually and instructed each to work an additional hour. All four employees refused to stay. They told Ortiz that they were required to follow the new schedule imposed by Garza. The employees then proceeded to punch out. Ortiz met them at the time clock and instructed them not to punch in the next morning but to meet him in the company dining hall.

The following day, the four employees were asked to wait in the company waiting room. Each employee was then individually called in turn into the personnel office and questioned by Garza, Ortiz, and three other company officers. When each employee was asked why he did not work the extra hour, each responded that he was adhering to the new schedule posted by Garza. After the interviews, the employees waited while the company officials discussed the matter. Each employee was then individually called back into the office and terminated for insubordination. The employees filed an unfair labor practice complaint with the NLRB over their termination.

Was their conduct protected under Section 7? Was it concerted? How should the NLRB rule on their complaint? Explain. 

Step by Step Solution

3.33 Rating (150 Votes )

There are 3 Steps involved in it

Step: 1

The action of the employees was protected under section 7 though ... blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image_2

Step: 3

blur-text-image_3

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

College Accounting A Practical Approach

Authors: Jeffrey Slater, Brian Zwicker

11th Canadian Edition

132564440, 978-0132564441

More Books

Students also viewed these Accounting questions

Question

What are the essential differences between victim and annex caches?

Answered: 1 week ago