Summary Of The Discharge Of Drake And Keeler

The small furniture manufacturer could argue that the discharge of Drake and Keeler was was appropriate (legal) exercise of the company’s right. After being disappointed by the work rule that was put in place by management, the the two employees walked off their job in protest. This could be seen as abandonment by the employer, especially considering they left without management’s approval. The Society of Human Resource Management (SHRM) states that job abandonment occurs when “an employee has no intention of returning to the job and has not notified the employer of his or her intention to quit” (“Termination”, 2015, para. 1). In the similar case of NLRB v. Jasper Seating Co., the President of the company stated the termination for Thompson

They were the only two bandsaw operators working. If they were the only two bandsaw operators employed at the company, then management could have seen the protest as a major lost in revenue, manpower, and production. Not to mention there was no union, making the company an at-will employer so Drake and Keeler had no job protection.

Lastly, management can state that the company attempted to accommodate the entire workforce by creating a work rule which the overhead door would remain open if the temperature was above 68 degrees and close if it dropped below 68. On the day in question, after Drake and Keeler complained to the supervisor, he polled the workers and majority voted to keep the door opened. The supervisor had to succumb to the majority decision.

In the case of NLRB v. Jasper Seating Co., the employer in this case contended that it was justified in its right to discharge Thompson and Goodpasture. Jasper also believed it did not violate Section 8 of the NLRA. The company argued that the employees “walkout did not constitute protected, concerted activity as contemplated by section 7 of the Act” (“857 F. 2d 419”, 1988, para. 4). Jasper also felt that the employees’ protest was not protected because their request was unreasonable, “and did not constitute concerted activity for their ‘mutual aid or protection’ because” when polled, the majority voted against closing

In the Jasper case, both the Court and NLRB dispels the company’s arguments concerning the employees termination. The Court and Board believes that the "reasonableness of workers' decisions to engage in concerted activity is irrelevant to the determination of whether a labor dispute exists or not" (“857 F. 2d 419”, 1988, para. 5). Section 7 of the NLRA goes into effect once a labor dispute arises. The Act authorizes and provides protection against concerted activity. “The NLRB and the Court agree that concerted activity means a group of employees acting together to register work-related complaints” (“The Struggle”, 1987, p.