Analyze the Fairness of an Employer's Actions in a Wright Line Test
Added on 2019-09-26
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Part A – Basic Knowledge 1.True or False: Companies which would like to avoid unionization can hire onlyemployees who pledge to refrain from union membership. False2.True or False:The worker must be part of the designated bargaining unit in order tovote in the election.-True3.The underlying principle for the NLRB’s determination of an appropriate bargainingunit is that only employees who have__b__ can be appropriately grouped in that unit.a.the same number of years of total work experienceb.similar wages, hours, and working conditionsc.similar cultural and regional backgroundsd.the same educational backgrounde.the same supervisor4.True or False:If the bargaining unit has 100 people and 75 sign authorization cards,under the existing law, the election is waived and the union automatically wins. True5.True or False: If the bargaining unit has 100 people, at least 50 need to signauthorization cards in order for an NLRB-sponsored secret-ballot election to beconducted. False 6.True or False: Given the most recent NLRB ruling, employees who have access tothe company email system are restricted from using it for union organizing. False 7.True or False: Neither labor nor management can be certain if a specific action willconstitute an unfair labor practice under Section 8 because the politically-appointedNLRB changes its opinion. False8.True or False: If the bargaining unit has 100 people and 80 of them vote in a secret-ballot election, at least 41 must select the union in order for it to win. True9.Which of the following statements is TRUE of certification of a union by the NLRBusing a secret-ballot election?a.Once a union is certified by the NLRB, its status is binding on the employer for at leasttwo years, during which time the employer must bargain with it. False b.It is mandatory for a certified union to undergo a recertification election every two years.False
c.If a certified union fails to reach its first contract within two months of bargaining, it ispenalized under the NLRA. Falsed.The NLRB will not entertain a rival certification petition for a bargaining unitrepresented by a certified union within the first year. True10.True or False: The certified union has exclusive bargaining rights andresponsibilities for only those employees within the bargaining unit who join theunion. TruePart B - Case Analysis For 3 years Jack Sandeen has worked for Crate Builders, an industrial plant thatmanufactures and sells high-tech packing containers in an employment-at-will state withinthe eastern United States. When he was hired, he believed he would receive training thatwould enable him to move from the factory floor into the supervisor’s role. The companyexperienced a downturn in revenue, however; and, along with 50 hourly workers, severalmanagerial positions were eliminated. During restructuring, the boss’s son, Darrell Shelton,was appointed head of Jack’s department. There has been friction between Darrell and therest of the staff. They don’t like the new scheduling and work quotas he has implemented.When Jack complained to Darrell that the required quota was too high, in front of the otherworkers, Darrell snidely reminded him that he was the supervisor, times were tough, andmore people could be let go. That evening, Jack went with a few of the guys to the local pub. A union organizer was atthe bar and overheard the group complaining about Darrell. The organizer told them abouttheir right to representation. He gave them his business card along with a few brochures totake home. The next week, Darrell found one of the brochures on the floor by the lockedcompany bulletin board. The staff saw him crumple it and spike it into the trash can. Heturned and glared at Jack. “You think you’re so smart. We’re watching you. We knowabout your little chat.” He bit back more words then walked into his office and slammed thedoor. Several weeks later, Jack was called into the Human Resource Management office. He wasinformed that his production numbers were low and they needed to cut more staff so he wasbeing let go. Jack asked to see the statistics for the department, but HR said that wasproprietary information. When he asked who else was being fired, HR told him that wasalso private information. The guys at the bar told Jack later that they could not find anyoneelse who was terminated when he was. 1.True or False: The comment “We know about your little chat” would help managementin a Wright Line test.2.True or False: If Jack’s production numbers were higher than most, this data wouldsupport
Management in a Wright Line test. True3.True or False: Since this is an employment-at-will state and there is no union in place,management can legally terminate Jack without considering any Wright Line testresults. False4. True or False: At work, Jack had a right to solicit other employees in his departmentto join the union as long as he did it during regular working hours and didn’t do it infront of customers. False4.True or False: The union would see the comment “We’re watching you” as anunfair labor practice under Section 8(a)1 of the NLRA. True5.True or False: Promoting Jack to supervisor in the last restructuring would havebeen a legal way to avoid his union participation. True 6.True or False: The company can terminate a supervisor at any time for any reasonif it does not have other policies or contracts that contradict that flexibility. False7.True or False: Terminating others who were not involved with the union at thesame time Jack was let go would support the company’s position in an unfair laborpractice charge. True 8.True or False: Section 7 rights require the company to terminate those with lessthan the 3 years seniority Jack has before letting him go - False9.True or False: Darrell’s comments represent Budd’s concept of voice. FalsePart C – Case Analysis The underlying principle of National Labor Act is that the employees have a right torepresent their needs and demands through union representation wherein Section 7 of theNLRA guarantees employees the right to support or not support any union, to engage incollective action and bargain collectively with their employer. [ CITATION NLR16 \l 1033 ]Theemployers on the other hand, are prohibited from discriminating employees for participatingin union activities. In the present case, while the employees wanted to be represented by aunion, the company used all of its persuasive measures to convince them againstunionization. When these persuasive methods failed, the employees were threatened thatthey would be dismissed from their jobs, and would also lead to closing down of shops.Aggrieved by this action of the employers, the union is contemplating on filing a case withthe NLRB.
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