Hostile Work Environment
The term "hostile work environment" has a wide range of meanings and definitions. Obviously, how precisely it is defined would vary based on the role or position of the person involved, their opinion about things employer rights, employee rights and unions and one's general feeling about what is and is not acceptable when it comes to general or work-based interactions with others. Others still may cast too wide a net when they define the word "hostile." Regardless, litigation can and does happen relative to these events, either isolated or continuous, and union-related situations are often decided by the NLRB. The author has been asked to find a NLRB case that involves a hostile work environment, suggest risk management strategies that could mitigate or prevent situations from becoming lawsuits or NRLB cases and offer other relevant analysis. The American Showa/Teamsters case proves that even if an employee provably and admittedly engages in improper behaviors that could or should be construed as hostile or otherwise problematic, going against someone for forming a union rarely ends well for the business that acts against the same.
Analysis
The case in question relates to a man named Hankins. Overall, Hankins had had a very good work history working for a company that supplied parts for Honda vehicles. However, things started to flare up a bit due to a number of factors. One of those factors was that Hankins knew full well (more on this in a minute) that Honda was unionized and the company he worked for shared a lot of parallels with Honda beyond the fact that Honda was one of their main clients. Indeed, the company's employees even wore uniforms that were very similar to Honda's. Hankins would routinely engage in union-creation efforts at his new employer. At first, however, this was not a major problem. Things changed, however, with a few events that happened over time. First of all, an acquaintance of Hankins apparently did work for him on his car or something and Hankins had apparently agreed with the man to render payment in the form of a case of beer. Rather than give the beer to Hankins outside of work,...
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