Introduction
The main purpose of this report is to analyze the conflict between the company Apollo Corporation and the labor union, and namely, unlawful termination of the employee, who was attempting to unionize the workers of the corporation. This issue can be interpreted from two perspectives, particularly, the employers and employees position.
Bob Thomas, a plant maintenance engineer, was dismissed for trying to organize a labor union in the company. It should be taken into account that he always had certain problems with the management concerning his poor attendance and low performance. When the management decided to toughen the companys policy, this worker decide to take active measures and started a campaign against the management. He was fired for “poor work performance and unsatisfactory attendance” (Case Study, 1). We may speak about the so-called “unlawful termination”, but it is not easy to substantiate this statement from legal standpoint. If Bob Thomas was hired “at will” he would not be able to protest against this termination because American laws have no provision for it.
Main body
Overall, it should be pointed out that the relationships between employers and trade unions have always been extremely complex. On the one hand, such organization may protect the rights of the workers, but trade unions may also adversely the development of the company, by featherbedding or initiating strikes that can disrupt the functioning of public services (Bohlander, 2007).
According the Wagner Act, the management is prohibited to discharge employees for forming trade unions. Bob Thomas may put forward this argument if he files a lawsuit against Apollo Corporation. Nevertheless, Jean Lipsky, the HR director of the company, may refer to the record service of this worker and prove that the termination was caused by Bob Thomass problems with discipline. For example, she may show his attendance record, clearly indicating that this employee was not meeting the standards set by the company.
Certainly, her arguments may quite understandable; however, the underlying cause of this termination was the possibility that employees of Apollo Corporation would unionize, though it is almost to prove it in the court. In addition to that, the management of the company violated several rules, set by National Labor Relationships Board, for instance by spying on the workers. Another illegitimate tactic would be to give certain bribes to the employees. For example, the management may say that the wages will be increased if the employees do not support the establishment of the labor union in the company. In this case the company may take the following steps: first the management should prove to the employees that their problems can be resolved without the union, moreover, it may mention trade union dues and initiation fees (Block, 2003).
Conclusion
Therefore, it is quite possible for us to arrive at the conclusion that the legislation of the United States does not provide sufficient protection for the employees, especially their right to organize trade unions. To some extent, the case, which we have analyzed, represents a controversy that often arouses between both sides of this argument. On the one hand, the HR director of the Apollo Corporation committed an illegal act for dismissing the employee for trying to organize a trade union. Nevertheless, she can easily find legal basis for her action by giving a very non-committal explanation such as for instance “poor work performance”.
Bibliography
Bohlander, G., & Snell, S. (2007). Managing Human Resources (14th ed.). Manson, OH: South-Western.
Richard N. Block (2003). “Labor Standards in the United States and Canada”. W.E. Upjohn Institute for Employment Research.