22 Aug Part C – Case Analysis (62% of the test) In the case below, an employee files a Section
Part C – Case Analysis (62% of the test)
In the case below, an employee files a Section 8(a)1 complaint with the NLRB against his employer for firing him. The employer asserts that it has terminated the employee lawfully. After reading the facts of the case, explain what the decision should be (who should win). Also explain any remedies that are needed. Be sure to identify the legal concepts involved and use details from the case to show evidence in support of your position. Please limit your analysis to 2-3 double-spaced pages.
Tip – Consider:
- What is the employee’s argument? Why does he think he was fired? In his view, which specific provision in the NLRA was broken? What does the provision require? Using the NLRA requirements, discuss whether the facts in this case support the employee’s position that his termination constituted an unlawful labor practice.
- What is the employer’s argument? Why did it fire the employee? Does the NLRA prohibit that reason? Using the NLRA requirements, discuss whether the facts in this case support the employer’s decision to terminate the employee.
- As the NLRB judge, who do you think is right? Which side has the right reason, legal framework, and details (evidence) to support its interpretation of the law?
- If a violation occurred, what needs to be done to correct it? (This is the remedy.)
Car Dealer’s Case
Organization
This company has two dealerships in Springfield, Illinois; one sells trucks, and the other sells luxury cars. Jack, the employee who was fired, began working at the truck dealership in 2002. He changed to the luxury dealership in 2008 where he worked until he was fired in 2014.
People Involved
Compensation Plan
There are three contributing elements to the pay of the salespersons: the first is a 25-percent commission of the profit derived from the sale of the vehicle, the profit being the difference between the selling price and the cost of the vehicle. The second element is based upon volume; in order to qualify for this bonus, the salesperson must sell 12 cars in a month, including, at least, 2 used cars. The final element is the Customer Satisfaction Index, which is based upon survey questionnaires sent to customers who purchased a car.
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