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Unformatted text preview: e the no-unauthorized-break rule set out in the union
agreement. Flores and her third-shift co-workers chafed at the new policy. To make
matters worse, they heard that the rule was not being strictly enforced during the first and
second shifts. Flores discussed the perceived inequity with two of her supervisors but was
not satisfied with their response. She and her co-workers decided to protest the strict
application of the break rule.
At 12:30 a.m. on December 5, 1996, a group of 10-12 employees, including Flores, left
their work stations and headed for the company break room. Superintendent Robert Jones
and two other supervisors were in the break room when the workers entered. The workers
[**3] began shouting at the supervisors, complaining [*514] about the new break
policy, pouring coffee, and getting drinks from the pop machine. Jones told them all to
get back to work. In her deposition, Flores admitted that she was the most vocal of the
group. When she saw Jones writing down the names of the workers present she told him
to make sure to get her name right. She also told him the names of the others who were
present, and she was one of the last workers to leave the room. As the workers were
leaving, another group of workers approached. Flores stood just outside the break room
door and waved in their direction. Jones believed Flores was exhorting the second group
of workers to join the protest; Flores says she was merely greeting a friend in the group.
Jones immediately notified Flores that she was suspended for being the instigator of an
unlawful work stoppage. He did not have the authority to fire her.
Jones then called Human Resources Manager Dawn Adams to tell her what was going
on. Adams arrived at the plant a couple of hours later to investigate the break room
rumpus. She talked to Jones and the two other supervisors who were present in the break
room and determined that Flores [**4] was in fact the ringleader of the coffee room
discord, which constituted an illegal work stoppage. Then she fired Flores. Two other
Hispanics took part in the break room hubbub, but they were not fire...
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This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.
- Spring '08