The grievances presented by Jack throughout the case study seem accurate and would require the intervention of the Union. As explained by Harrisson, Roy and Haines (2011) the Labor Unions seeks to protect the employees and ensuring that they receive their rights as outlined in the National Labor Relations Act written in 1935. The Act, alongside other legislations including the human labor and civil rights forms the base for the legal procedures, followed after an employee files a complaint.

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Unfair Labor Practice: Case Study

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The NLRB has the rights to investigate or delegate any cases that directly violate the fundamental clauses of the Unfair Labor Practices (Bartkiw, 2008). The Act prohibits the employer from interfering with employees acting together to protect their rights, interference with labor organizations, discrimination, refusal to bargain with a union, harassing of an employee among other human rights elements the promote free and fair labor market.
In the case study, the Union would conduct an independent investigation of the issue with the authorization of the NLRB.

If found guilty, by the Union that represents Jack, the Union would move forward and demand renegotiations of terms of employment or compensation of the humiliation in the workplace. While representing an employee in a work environment, the Unions do not talk to the employees or seniors responsible for the misfortunes of the grieving employees but rather speak directly to the human resource management. According to Brandman and McGuckin-Smith (1996), the approach as approved by NLRB minimizes the victimization of an organization due to the actions of one employee. In other words, if the human resource office realizes a possible trend in the employee’s attitudes reactions towards a certain individual, they should make adjustments to avoid such cases in the future. The process also reduces the workload of the unions and the NLRB, as the human resource managers can solve their issues internally.

As a human resource management in the organization, I would have analyzed the situation and the confounding risks and before making a decision. The significant role of a human resource management is to ensure the factors of production including labor works together to make the maximum possible benefits to the organizations (Canaan Messarra, Karkoulian & El-Kassar 2016). However, it is also the duty of the human resource management to estimate the marginal benefits of labor decisions as well as the managerial decisions and advice accordingly.

In the case study, it is evident that Jack has reported the case to the Union and there is a pending investigation to confirm further facts. Additionally, the case study identified that the whole department had made a bet on Jack confirm whether he would show up to work after his humiliation by Erick. The series of events indicates that embarrassment to Jack by Erick, supported by both Phil and Steve was an intentional move for personal amusement. Following the participation of the whole department in the planning and the execution of the bet, it is likely that the Union and the NLRB will find the organization guilty.

As such, it is the duty of the human resource management to act against the three employees and offer the appropriate punishment before the summoning by the union agency or the NLRB. The Unfair Labor Practice Act also highlights the discipline necessary for any organization or senior employees who supports or protects another employee who broke the outlined employment agreements and individual rights. Correspondingly, from a managerial approach, Erick, Phil, and Steve have indicated a high degree of unprofessionalism, which might limit the effectiveness of their organization as a supervisor. It is thus vital to undertake an in-depth analysis of their behavior and their marginal risks and pass an appropriate verdict.

  • BARTKIW, T. J. (2008). Manufacturing Descent? Labour Law and Union Organizing in the Province of Ontario. Canadian Public Policy, 34(1),
  • Brandman, W., & McGuckin-Smith, N. (1996). The National Labor Relations Board (NLRB). The Nurse Practitioner, 21(5), 5-6.
  • Canaan Messarra, L., Karkoulian, S., & El-Kassar, A. (2016). Conflict resolution styles and personality. International Journal Of Productivity & Performance Management, 65(6), 792-810. doi:10.1108/IJPPM-01-2016-0014
  • Harrisson, D., Roy, M., & Haines III, V. (2011). Union Representatives in Labour-Management Partnerships: Roles and Identities in Flux. British Journal Of Industrial Relations, 49(3), 411-435. doi:10.1111/j.1467-8543.2009.00758.x