While organizing, workers may not discuss union issues on company ...

[Capo]

While organizing, workers may not discuss union issues on company property, but may do so off the premises.
  Indicate whether the statement is true or false

Question 2

Should National have reasonably known about Livigni's violent-related problems? And if so, did it act negligently in retaining him as an employee?

[dantucker]

Answer to Question 1

F

Answer to Question 2

This is a difficult question. National's management knew Livigni threw an empty milk case at a fellow employee some seven years before the incident involving the battery of the four-year-old child. There were conflicting accounts of that altercation. Livigni also had a good work record. Fellow employees, but not management, knew of the incident involving the disciplining and injury to Livigni's 13-year-old son. The court was not willing to accept the employer's denial that it knew or should have known of this criminal misconduct. The court in affect obligates co-workers to tell higher authorities of their knowledge of problem employees. Thus, the court determined that National should have known about Livigni's violent-related problems. It was a negligent act to retain such an employee as a store manager.