Question

Problem Scenario

You are the store manager for a regional supermarket chain. Your store employees are non-union and management intends to keep it that way. Recently, a local union has attempted to organize your employees to form a union. This incident was reported to top management at headquarters. You later received orders from headquarters to discharge or in the words of one senior manager “Get rid of all Union instigators immediately” from your store who have signed union authorization cards and are attempting to organize workers. Your regional manager also ordered you to prepare termination slips for each of the fired employees detailing false reasons for their termination. Explain whether or not you think an unfair labour practice would be committed if you as the store manager act on the request that is being given to you by senior management. Discuss one unfair labour practice(s) that could be violated in this scenario? Please provide detail explanation of the violation As the store manager, respond to the requests from headquarters. If you decide to reject or accept the request, indicate two (2) reasons for your decision. Then develop a suggested plan of action that will deal with the issue that has been brought to your attention.

Answer 1

· Assuming that I am the store manager, if I act on the request that is being given to you by senior management, then it is absolutely certain that unfair labor practice would be committed. This is because the regional manager has ordered me to prepare termination slips for each of the fired employee detailing false reasons for the termination. Additionally, the employees are terminated without any due reason. This is an unprofessional and unfair code of conduct. This is an ethical violation in the company. Whenever a manager is challenged with ethical dilemmas, then the ethical theories need to be used. In this case, the deontological ethical theory applies which states that the morality of an act is based on the rules whether it is right or wrong. Hence, if the employees are terminated without any fair reasons, then it is absolutely violating the deontological theory which states that this action is wrong as per the company rules.

· The unfair labor practice that could be violated in this scenario is discriminating employees based on their association with the union. There are several laws today that prohibit discrimination of employees in any form. However, the management is not concerned about compliance with these laws and has made unfair decisions of terminating employees just because they are associated with the formation of the union or the union activities. The management is certainly acting unethical and unfair in this decision. The management is also interfering with the formation of the union which is also an unethical decision. The management feels that the unions are threat to the organization and is ready to go to any extent to prohibit the formation of the union.

· As the store manager, I would reject the request because it is compromising on my ethical values. It is an ethical issue which questions the morality of my action. I would definitely reject the request because of two main reasons-

                - The action to terminate the employees discriminating them with their association with the union activities is an unfair practice and I would not support the management in this regards.

                - Terminating employees make the employees suffer which is humiliating them. Hence, I would not support the management in this regards.

The management’s decision to terminate the employees is an unfair labor practice because they are discriminating employees because they are associated with the union formation. If I support the management, then I would be violating the professional and ethical code of conduct. Hence, I will not support such unfair practice of the management.

· The action plan is that I would first initiate a conversation with the top management to understand the root cause of their decision. It is obvious that they see unions as a threat and not ready to collaborate with them. During the discussion, I will highlight the benefits of having unions. I would also explain to them how it would improve the efficiency of the business by working collaboratively with them.

Then, I would discuss with the union members about the threats that the management foresees and ask for their assurance to not to act against the best interest of the organization. Thus, I would be a mediator or negotiator to come to a mutual consent agreement between the management and the union.

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