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Advanced Technical Centers Labor Law Case Studies Analysis

 

Please read the attached case studies then answer the five questions below:

Case #2. Read Labor Law Discussion Case 2: Fired for Poor Driving, or Talking with a Union Organizer? on page 148 and answer these questions:

Q1. How would you argue the first three requirements on behalf of the discharged employee? (1) Garcia was engaged in protected activity, (2) the employer was aware of the activity, and (3) the activity was a substantial or motivating reason for Garcia’s discharge.

Q2. Assuming that the first three requirements are established, how would you argue on behalf of the employer that Garcia would have been discharged even if he had not engaged in his protected activity?

Q3. If you were a member of the NLRB, how would you rule? What is the remedy?

Case #3. Read Labor Law Discussion Case 3: Is Body Language Protected Activity?

on pages 149-150 and answer these questions:

Q2. Create a list of possible reasons that the three nurses were fired. Determine whether each reason is protected by Section 7.

Q3. If you were a member of the NLRB, would you rule that HCR violated Section 8(a)(1) of the NLRA by discharging the three nurses (assuming that they are covered by the NLRA)? Why or why not?