National Labor Relations Act

1.) Do you believe Fortin was the victim of antiunion discrimination by her employer? Why or why not? No, I do not believe Fortin was the victim of antiunion discrimination by her employer. I believe that the employer should be allowed to punish Fortin for the work that was underperformed and not met to the expected standard. I believe that because this overlapped with Fortin’s involvement with the union events, this made her not have as much focus as should have on her job. Certain jobs require you to have more focus on solely the job but Fortin did not appear to focus exclusively on just her job she was focused on union actions as well. I believe too much was focused on her union attitude and spirit rather than just her job and the performance. 2.) Fortin’s supervisor had no knowledge of her union activity but laid her off on the basis of her poor performance evaluation. Give reasons why a court should uphold or override the supervisor’s decision. I believe the court should uphold the supervisor’s decision.

One of the reasons why I believe this is because the worker was not fired, if was fired then would be different situation. But because was laid off the court should uphold the supervisor’s decision. The given layoff was not a punishment of an action, it was more due to financial action. There is no sign showing that the employee, Fortin would or would not have been laid off irrespective of Fortin’s past history. This is why I believe that the court should uphold on the supervisor’s decision instead of overriding the supervisor’s decision. 3.) Explain why you think employers still resist unions 70 years after the passage of the National Labor Relations Act. I believe there are some legitimate reasons why employers still resist unions 70 years after the passage of the National Labor Relations Act. One reason why is employers believe that at times the unions impact the employees negatively by not motivating them enough to have the effort and motivation to work hard.

The unions have a laid back approach to work and at times do not understand what is best for the company’s approach. Unions tend to focus more on the best interest of the employees rather than the company as a whole. Employers believe that the unions have the control to effect a company’s capability to compete and succeed. For example if a company is in major problems, the unions most likely will not be in the best interest of the company which means there is higher chances that the company will fail to advance in the industry. Employers tend to see the company as more vulnerable to things when union is involved because do not have the desired freedom in business decisions because of the union contracts that must be followed.

In a situation where the union demands higher wages for employees it could impact the company in a way where its products would have to be increased in the market leading to direction where the company would not be as competitive to its rivals. Also, employers believe that unions have directed to a decline in the value of quality. In a union it makes it more difficult to find a replacement for ineffective workers because there job security is higher and there is less control you have over replacing the ineffective worker. He or she becomes too comfortable and in many cases the worker is not motivated as much as in a nonunion job.