Employee Rights Protected From Employer Discrimination

2171 WordsApr 16, 20179 Pages
According to Walsh (2013) it is acknowledged that, employee rights protected from employer discrimination in Section 7 of the NLRA included the right to form or join a union, bargain collectively, or engage in other concerted activity for mutual aid and protection. Furthermore, the U.S. Constitution permits Congress whose operations have the capability to vitally affect interstate commerce. Therefore, since Drake and Keeler’s employer meets the criterion for coverage under the LMRA by engaging in interstate commerce, thus, the particular employee right protected by section 7 of the LMRA is that they have been wrongfully discharged because of their protected, concerted activities. As stated by the National Labor Relations Board (n.d.)…show more content…
Essentially, Drake and Keeler both had openly stated that it was way too cold and the air was quite drafty at their workstations near the open overhead door however, the supervisor refused and was not willing to close the overhead door because the majority of the other employees wanted to leave it open. Therefore, Drake and Keeler discussed their problem and acted in a concerted manner and walked off the job for the remainder of the day to contend the cold temperature at their workstations. This action fully discussed with their supervisor in hopes some action would have been taken to remedy the situation in regards to their working conditions and is thereby protected by Section 7. Furthermore, Sec. 8. [§ 158.] (a) acknowledges that, It is an unfair labor practice for an employer to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in section 7 [section 157]. All the more this section of the LMRA precisely prohibits the discharge, constructive discharge, suspension, layoff, fail to recall from layoff, demote, discipline, or take any adverse action against the employee because of their protected concerted activities. Since the action of Drake and Keeler is a protected concerted activity, it is protected under Section 7 and the action of the employer is prohibited under Section 8. Section 7 of NLRA assures the employees the rights and Section 8 makes the
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