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
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.
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.
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