Facts for Question  5: Cavendish Motors Company was purchased by a new owner. The new owner has made many changes in the way daily operations are run. Employee morale is low and numerous employees have been complaining about the changes. Some employees are airing their complaints on social media such as Facebook and twitter. 

Cornelia starts a discussion on Facebook complaining that her overtime hours have been cut and her workload has been increased because she still has to get the same amount of work done in less time. Some of her coworkers join in, agreeing with her complaints, calling management names, and lamenting that they should all look for new jobs because it doesn’t look like life will get better anytime soon. 

Anderson posts a similar complaint about the cut in overtime hours. He also expresses his anger at management and his concern that a number of safety issues have arisen due to short cuts that have been implemented in an effort to speed up production. A number of his co-workers join in with their own complaints. Anderson mentions some ideas he has on how they can approach the new management about their safety concerns.  

Mark has been reading the other posts with disgust. He posts a warning to management that if things don’t change, employees on the production line may begin to sabotage the equipment, and that the public could get hurt.  

Cody does not take part in the online discussions. Instead he complains directly to his boss that other employees were receiving special treatment.  

Megan, a supervisor, delivers to her boss a bundle of letters from disgruntled employees. The letters are anonymous. When asked, Megan refuses to divulge the names of employees who wrote the letters protesting top management.  

Cavendish Motors Company fires a number of employees for their behavior, including Cornelia, Anderson, Mark, Cody and Megan. The non-supervisory employees have their union contact the National Labor Relations Board (NLRB) and complain that Cavendish Motors Company took part in an unfair labor practice when it fired the employees for taking part in a “protected concerted activity” under the National Labor Relations Act (NLRA.) 

 

a)   Explain fully whether the NLRB is likely to support any of the employees. Include your reasoning and support your answer as to each employee. Be sure to include whether the employee’s comments or actions were a protected activity under the NLRA. 

b)   If any of the employees are successful, what remedies will most likely be available?