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Bill Wilson, the HR manager, learns that the employee leading the union organizing campaign is Mark Anthony, a shipping and receiving employee. Mark has been disciplined previously for poor work performance and was 15 minutes late yesterday. Bill believes he has cause to dismiss Mark based on evidence of declining work performance and sees the dismissal as a means of defeating the union campaign.

a. Advise Bill on the legal implications of his plan.

Answer :

Final answer:

Bill cannot dismiss Mark solely because he is leading the union campaign. The National Labor Relations Act (NLRA) protects employees' rights to engage in union activities, and it prohibits employers from interfering with these rights. Dismissing Mark as a means of defeating the union campaign can be considered an unfair labor practice. Bill should consult with legal counsel to ensure his actions comply with the NLRA and other applicable labor laws.

Explanation:

Bill needs to be aware of the legal implications of his plan to dismiss Mark based on his involvement in the union organizing campaign. The National Labor Relations Act (NLRA) protects employees' rights to engage in union activities, and it prohibits employers from interfering with these rights. This means that Bill cannot dismiss Mark solely because he is leading the union campaign.

Furthermore, the NLRA also prohibits employers from retaliating against employees for engaging in protected activities, such as organizing a union. If Bill dismisses Mark as a means of defeating the union campaign, it can be considered an unfair labor practice.

Bill should consider other legitimate reasons for dismissing an employee, such as poor work performance or repeated tardiness. However, he must ensure that these reasons are not pretextual and are supported by evidence. It is important for Bill to consult with legal counsel to ensure that his actions comply with the NLRA and other applicable labor laws.

Learn more about the legal implications of dismissing an employee involved in a union-organizing campaign here:

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