Question

Scenario: All Souls Hospital (ASH) has had a busy week. The hospital has just been unionized, two employees were dismissed 24 hours before the union was voted in, and the former employees filed a charge with the regional labor relations office two weeks later. The company’s CEO has received a charge of discrimination and harassment regarding a female veteran who was interviewed but not hired for an insurance coordinator position two days prior to unionization. The veteran claims the interviewer was making unseemly gestures towards her during the interview. The HR department at ASH is now tasked with hiring 50 more lab technicians, nurses, and surgeons.

You can consult both your assigned chapter Reading as well as the National Labor Relations Board (NLRB) website to address the checklist items below:

Checklist:

Identify the laws pertaining to the two dismissed employees and the alleged discrimination and harassment charges and identify remedies or actions needed to be taken by the HR department/ASH as a result.

Identify the type of union and what type of union shop (your choice).

State the potential steps that will be taken by the NLRB regarding the charges filed by the former employees.

Identify the laws the hospital will need to follow in order to comply with applicable HR employment laws as well as union labor laws in hiring the additional employees.

Identify what steps the HR Department will generally need to take in order to comply with the above laws.

Answer 1

All Souls Hospital needs to follow the federal law at the time of termination of the employees. There should be a contract signed between the management and the employee at the time of appointment which specifies the terms and conditions of the employment and termination and the firm has to abide by the same. A firm cannot terminate the employee without any reason if it is not mentioned in the contract letter.

A firm cannot discriminate between the employees based on any caste, creed and genderand it has to be mentioned in the employment contract issued at the time of appointment. There should be HR Manual also being put on the intranet and is accessible by all the employees which mentions all the terms and conditions and rules and regulations of the employment contract.

HR should call the employees back who are being terminated, explain the terms and conditions of emplymentcontract properly and take strict action for the discrimination done by the management towards the employees.

It should be Labor's Union where all the employees are a part of the Union. They can raise their voice for wage hike, safety at the work environment, job security,conducive work environment and any perks and incentives being given to the employees.

No company or employee is allowed to dicriminate amongst the employees based on gender, caste, creed or religion.It is against the law and the manager can be sued for doing the same.

There should be Zero Tolerance policy for any sort of sexual harassment towards any female employee or staff in the organization. If any such case is observed, the employee can be terminated instantly.

At the time of hiring, no inappropriate gesture and discrimination is allowed and if such cases are observed, ounitive actions should be taken against the interviewer.