week 5 bu 305

Unit 5 Assignment

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  • Due Sunday by 11:59pm
  • Points 50
  • Submitting a text entry box or a file upload

Instructions

The purpose of this assignment is to provide advice based on two fact patterns that include several legal problems as they relate to collective bargaining and unions.

Please read the following (two) scenarios and respond to the questions below:

Scenario 1

A large company is planning to downsize. A consultant suggests the following:

  • It makes sense to focus on one of your unionized plants. We suggest that you reduce the 300 employees at that plant to 100. Some of the components that you produce at that plant can be made at your non-union South Carolina plant.
  • Since you will be terminating 200 employees, I suggest that you terminate 50 employees per week, This way, you won’t have to worry about any legal requirements for providing notice.
  • If you want to be safe, you can send a letter to employees the week before you begin the first wave of terminations, telling them that the long-term prospects for the plant are not good.
  • Let the supervisors use their best judgment about who should be retained. They know best.
  • Consider offering an early retirement plan to generate some voluntary turnover, but don’t get people’s hopes up by announcing it before all the details are in place.
  • If you offer an early retirement plan, require that all employees who accept it waive their ADEA rights.
  • Taking early retirement is an important decision, so give employees two weeks to think over the offer.

What are the legal problems with the consultant’s advice? What would be better advice?

Scenario 2

A manager hears from a supervisor that a union organizing campaign is underway in his company. The manager hastily contacts his attorney. He receives the following advice:

  • Identify the “ringleaders” and order them to come to your office for a lengthy “discussion” with management. It is important that you make it known that you are on to their game and won’t stand for it;
  • In our experience, it usually all boils down to a matter of money. Tell employees that you’ll give them a raise if they don’t unionize. Or, if you’re really concerned, go ahead and hike their pay now;
  • Setup employee involvement teams If employees say that they want more “voice“. They can make all of the suggestions that they want and vent some steam;
  • Make sure that you don’t allow any talk about unions in the workplace. And, by all means, make certain that organizers from the union don’t put fliers on windshields in the parking lot or get anywhere near company property;
  • It’s a good idea to require all employees to attend weekly meetings. At these meetings, managers should remind employees of all the benefits that they have already received without a union and tell them that a union would upset the family-like atmosphere in the company;
  • Make sure that you tell employees that the union is corrupt and its leaders are in jail. It doesn’t matter whether any of that is true;
  • Also, tell employees that voting for a union is like voting to tax yourself. Once there is a union, everyone has to pay dues, regardless of whether they ever wanted the union;
  • It’s an extreme measure, but if necessary, fire a few of the employees who are the most pro-union. That should definitely take the steam out of the effort.

Evaluate the advice given to this employer. What, if any, of it, is bad legal advice? Why? What should the employer do instead?

Parameters

Using APA formatting, write an essay of around 500 words (excluding the title and reference page). All papers will be graded for content, clarity, grammar/spelling, and appropriate use of APA formatting guidelines. A minimum of two references must be utilized.

Rubric

BU305 Assignment 5 Rubric

BU305 Assignment 5 Rubric

Criteria Ratings Pts

This criterion is linked to a Learning OutcomeContentBU305-CO3

15.0 pts

Level 5

Demonstrates the ability to construct a clear and insightful problem statement/thesis statement/topic statement with evidence of all relevant contextual factors.

13.5 pts

Level 4

Demonstrates the ability to construct a problem statement, thesis statement/topic statement with evidence of most relevant contextual factors, and problem statement is adequately detailed.

12.0 pts

Level 3

Begins to demonstrate the ability to construct a problem statement/thesis statement/topic statement with evidence of most relevant contextual factors, but problem statement is superficial.

10.5 pts

Level 2

Demonstrates a limited ability in identifying a problem statement/thesis statement/topic statement or related contextual factors.

9.0 pts

Level 1

Demonstrates the ability to explain contextual factors but does not provide a defined statement.

0.0 pts

Level 0

There is no evidence of a defined statement.

15.0 pts

This criterion is linked to a Learning OutcomeAnalysisPRICE-P; BU305-CO3

15.0 pts

Level 5

Organizes and compares evidence to reveal insightful patterns, differences, or similarities related to focus.

13.5 pts

Level 4

Organizes and interprets evidence to reveal patterns, differences, or similarities related to focus.

12.0 pts

Level 3

Organizes and describes evidence according to patterns, differences, or similarities related to focus.

10.5 pts

Level 2

Organizes evidence, but the organization is not effective in revealing patterns, differences, or similarities.

9.0 pts

Level 1

Describes evidence, but it is not organized and/or is unrelated to focus.

0.0 pts

Level 0

Lists evidence, but it is not organized and/or is unrelated to focus.

15.0 pts

This criterion is linked to a Learning OutcomeWriting

12.5 pts

Level 5

The paper exhibits an excellent command of written English language conventions. The paper has no errors in mechanics, grammar, or spelling.

11.25 pts

Level 4

The paper exhibits a good command of written English language conventions. The paper has no errors in mechanics or spelling with minor grammatical errors that impair the flow of communication.

10.0 pts

Level 3

The paper exhibits a basic command of written English language conventions. The paper has minor errors in mechanics, grammar, or spelling that impact the flow of communication.

8.75 pts

Level 2

The paper exhibits a limited command of written English language conventions. The paper has frequent errors in mechanics, grammar, or spelling that impede the flow of communication.

7.5 pts

Level 1

The paper exhibits little command of written English language conventions. The paper has errors in mechanics, grammar, or spelling that cause the reader to stop and reread parts of the writing to discern meaning.

0.0 pts

Level 0

The paper does not demonstrate command of written English language conventions. The paper has multiple errors in mechanics, grammar, or spelling that cause the reader difficulty in discerning the meaning.

12.5 pts

This criterion is linked to a Learning OutcomeAPAPRICE-I

7.5 pts

Level 5

The required APA elements are all included with correct formatting, including in-text citations and references.

6.75 pts

Level 4

The required APA elements are all included with minor formatting errors, including in-text citations and references.

6.0 pts

Level 3

The required APA elements are all included with multiple formatting errors, including in-text citations and references.

5.25 pts

Level 2

The required APA elements are not all included and/or there are major formatting errors, including in-text citations and references.

4.5 pts

Level 1

Several APA elements are missing. The errors in formatting demonstrate a limited understanding of APA guidelines, in-text-citations, and references.

0.0 pts

Level 0

There is little to no evidence of APA formatting and/or there are no in-text citations and/or references.

7.5 pts

Total Points: 50.0

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