Court Case Of Drake And Keeler
In this case, Drake and Keeler could argue that they were wrongfully discharged because they are to be protected under Section 7 of the National Labor Relations Act. Under the Section 7, it is described that employees, even non-union, are to be protected from termination in regards to concerted activity (Holley, Jennings, & Wolters, 2012). When an action is taken by two or more employees to express a complaint or grievance relating to the conditions of employment under the employer's control (Holley, Jennings, & Wolters, 2012). Drake and Keeler were acting in a concerted manner by walking off in protest the cold temperature at their workstations. The action they took was in order to bargain the issue in regards to their working conditions, …show more content…
If the employer does, in fact, replace those employee’s positions before they return from the strike then the employer still has to consider the walk-off employees for reinstatement when the position they are qualified for becomes available …show more content…
v. NLRB, Case Nos. 01-3606 and 01-3987 (7th Cir. Aug. 1, 2003), which has similar relating facts to Drake and Keeler’s, it provided some guidance on understanding protected and unprotected strikes. In the case of Trompler, Inc v. NLRB, the employer was held liable for back pay and reinstatement for terminating six employees who walked off the job in response to unanswered complaints regarding the higher level supervisor (“When May Nonunion”, 2003). Even though both Drake and Keeler made a complaint to their supervisor about the work conditions, they did not necessarily have to provide a complaint. Employees are not necessary required to prove the employer or supervisor with an opportunity to resolve the complaint or grievance prior to engaging in a concerted and protected activity action (Holley, Jennings, & Wolters, 2012). In an article by the Duane Morris Institute, it provided several instances where the National Labor Relations Board was successful in getting discharged employees, like Keeler and Drake, reinstated employment with full back pay and/or settlement. One case reported employees were discharged from walking off the job in protest of a change in work rules, similar to Drake and Keeler (Redeker,
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641 Words | 3 PagesOn the day in question, after Drake and Keeler complained to the supervisor, he polled the workers and majority voted to keep the door opened. The supervisor had to succumb to the majority decision. In the case of NLRB v. Jasper Seating Co., the employer in this case contended that it was justified in its right to discharge Thompson and Goodpasture. Jasper also believed it did not violate Section 8 of the NLRA. The company argued that the employees “walkout did not constitute protected, concerted activity as contemplated by section 7 of the Act” (“857 F. 2d 419”, 1988, para. 4).
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