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Unformatted text preview: 1960052 Facts: John Smith was hired as a full-time employee at Sunburst Coffee in Middletown on June 1, 2008 following his high school graduation. Sunburst Coffee in Middletown is part of a large chain of coffee shops. He planned on working there for a summer before going to college. The main task at his job was making coffee and cappuccinos. Zack Jones was a union organizer for the Sales and Services Union. He was assigned to head an organizing campaign at Sunburst. One June 1 2008 he applied for a job at Sunburst and did not inform the employer of his union affiliation. He was hired and during his employment was paid by Sunburst and the union. Jones and Smith both worked the 8:00am 4:00pm shift. During there time spent together Jones mentioned his plan to organize and Smith told him that he was not interested because he was leaving for school. During the night shift on July 1, 2008 an employee was burned by the steam from the coffee machine. The manager Lori Lester was asked about the accident by Jones, Smith, and Kelly Kirk (another daytime employee) and she stated that it was the employees carelessness that caused the burn, not the machine. After work Kirk, Jones, and Smith discussed the accident and agreed that they has all experienced similar situations in which the steam from the machine has nearly burned them. They decided that Jones would talk to Lester on behalf of the employees and demand that the machine be examined by a safety inspector. On July 3, 2008 Jones spoke to Lester and stated The coffee makers on the day shift have all noticed problems with the way the cappuccino machie steams milk ad were afraid that we will end up with another severe accident. We all agree that Sunburst should bring in a safety inspector to find out whats wrong with the machine and fix it. The following day Lester was discharged because Lester said he was not working out and that Sunburst needs employees who have a good work ethic, not employees who are looking excuses not to work. Issues : 1) Is Jones considered an employee under Section 2(3) of the National Labor Relations Act 2) Was Joness actions considered concerted activity under Section 7 of the National Labor Relations Act? 3) Did Sunburst in Middletown violate section 8(a)1 of the National Labor Relations Act and commit an Unfair Labor Practice by firing Jones following his request for the cappuccino machine to be fixed? 4) What remedies should be used to make Jones whole if an Unfair Labor Practice took place? Discussion: 1) Is Jones considered an employee under section 2(3) of the NLRA? I conclude that Jones is an employee under section 2(3) of the NLRA. NLRB v TOWN AND COUNTRY 516 US 85 (1995) states that paid union organizers who sought jobs with non- union construction company to help union organize company's workers qualified as employees under Section2(3) of LMRA, despite contention that organizers could harm company by quitting when company needs them, disparaging company to others, and sabotaging company or its...
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This note was uploaded on 11/15/2009 for the course ILRCB 3020 at Cornell University (Engineering School).