4.99 See Answer

Question: Contemporary Cars, Inc., sells and services cars


Contemporary Cars, Inc., sells and services cars in Maitland, Florida. Bob Berryhill, the dealership’s general manager, is responsible for the dealership’s overall operations. AutoNation owns the dealership, as well as over 200 other dealerships throughout the United States.
This case focuses on the dealership’s service department which the dealership had previously split into three teams.
The International Association of Machinists began a campaign to organize the service technicians.
The technicians talked among themselves and held off-site meetings.
The union filed its representation petition. The National Labor Relations Board approved the proposed bargaining unit, and an election was scheduled.
In the weeks before the election, Berryhill and AutoNation vice president Brian Davis held group and individual meetings with the technicians.
One week before the election, Berryhill announced that the dealership was working on fixing problems the technicians had and that he was replacing two team leaders, Andre Grobler and Oudit Manbahal, with new team leaders.
Technician Anthony Roberts was then playing a leading role in the union organizing. About a week before the union election, the dealership laid off Roberts, though Roberts had a higher skill rating, more hours, and more seniority than many other technicians.
The technicians voted in favor of unionizing.
After the election, the dealership challenged the certification of the union as the exclusive representative of a bargaining unit consisting of service technicians. The National Labor Relations Board affirmed the certification.
The Board filed a complaint alleging that the dealership and AutoNation had violated the National Labor Relations Act. An administrative law judge found that the dealership and AutoNation had indeed violated the Act by interfering with their employees’ protected rights to engage in concerted activity and to organize a union and by firing Anthony Roberts due to anti-union animus hostility. The judge ordered the dealership to cease its interference with its employees’ rights and to reinstate Roberts. The judge also ordered AutoNation to post a notice at all of its dealerships that it was rescinding the no-solicitation rule. The Board affirmed the order.
The dealership and AutoNation petitioned the U.S. Court of Appeals for Seventh Circuit for judicial review. The NLRB cross-petitioned for enforcement of the order.
The administrative law judge found, and the Board affirmed, that the dealership and AutoNation in a number of instances acted unlawfully to frustrate their employees’ protected rights to engage in concerted activity and to organize a union.
The dealership violated [the Act] in the run-up to the election by coercively creating an impression of surveillance of union activity, interrogating employees about union activity, and soliciting and promising to remedy employee grievances.
Grobler created a coercive impression of surveillance when he commented on technician Juan Cazorla’s attendance of union meetings.
Grobler asked Cazorla why he was in such a rush to leave work , suggesting that Cazorla had “that meeting” to go to. Cazorla pretended not to know what Grobler was talking about, although he was in fact rushing to get to a union meeting. Again on a different occasion Grobler commented to Cazorla that he had “better rush” since he had a meeting. It would have been reasonable for Cazorla to infer from Grobler’s comments that his union activities were under management surveillance…………………………………………………….

Required:
1. What might the dealership have asserted in defense to the charge that its actions violated its employees’ rights?
2. After the election but before the union was certified, the dealership laid off four technicians and cut others’ pay without bargaining with the union, claiming economic hard times. Did these steps constitute an unfair labor practice? Discuss.
3. What could the employer have done to avoid the charge in this case?


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4.99

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