Write a 2 page essay on 03 Case Study: Acme Manufacturing Company.
It is a fact in this case that Jackson offered Martin overtime work on September 15 which Martin refused due to a prior commitment. Jackson had agreed to the refusal because of Martin’s seniority and her valid reason for refusing the overtime. Based on the provisions of the labor contract, overtime work has not be clearly and unambiguously defined as the exclusive right of management to impose, nor as the exclusive right of the worker to choose to do or refuse. Currently, US federal overtime law under the Fair Labor Standards Act does not prohibit employers from forcing employees to work mandatory overtime (Employee Issues, 2008). Because of this many unions use specific contract language in their agreements to address mandatory overtime situations and put limits and restrictions on the employer’s ability to make working overtime hours mandatory while permitting workers to make a voluntary choice to accept an offer to work additional hours (AFL-CIO, 2002).
Martin’s refusal to do the overtime work offered by Jackson raises another issue. On the one hand, Martin’s refusal was agreed to by Jackson because of the reasons mentioned above. Jackson had wanted Martin to initial a document confirming the refusal of overtime, a procedure which was not consistently implemented. Moreover, Jackson avers that the procedure for documenting overtime refusal was supposed to serve the requirements of the labor agreement to document overtime work being offered for the benefit of the worker. Martin thinks otherwise and considers such documentation as a bad mark for the worker. The issue here is the lack of clear objectives and procedures for documenting refusal of overtime work that can be understood and consistently implemented by both parties.
According to employment law, insubordination is a willful failure to obey a supervisor or an employers lawful orders (Duhaime, 2008). According to Article V of the labor