Representation and Unfair Labor Practices


Added on  2019-09-26

5 Pages1998 Words195 Views
Tips for SuccessBe sure you have answered all the questions. From time to time, I see students number incorrectly or omit questions.Allow sufficient time to think, revise, and think again about your answers before producing the final document. As soon as you have the exam, read what is needed. During the week, think about how to answer the questions. Jot down ideas to consider. Create an outline of the content you want to include in the written portion. Then, assemble the parts into a coherent response. Use the free writing support tools that are accessed via the classroom. Allow enough time for the writing tutors to assist. Access to the service is located in the Content area. Part A – Basic Knowledge (This is worth 30% of the test score. Each question is worth 3 points.)1.True or False: Companies which would like to avoid unionization can hire only employees who pledge to refrain from union membership.2.True or False: The worker must be part of the designated bargaining unit in order to vote in the election.3.The underlying principle for the NLRB’s determination of an appropriate bargaining unit is that only employees who have ________ 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. 5.True or False: If the bargaining unit has 100 people, at least 50 need to sign authorization cards in order for an NLRB-sponsored secret-ballot election to be conducted.6.True or False: Given the most recent NLRB ruling, employees who have access to the company email system are restricted from using it for union organizing.
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7.True or False: Neither labor nor management can be certain if a specific action will constitute an unfair labor practice under Section 8 because the politically-appointed NLRB changes its opinion. 8.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. 9.Which of the following statements is TRUE of certification of a union by the NLRB using a secret-ballot election?a.Once a union is certified by the NLRB, its status is binding on the employer for at least two years, during which time the employer must bargain with it.b.It is mandatory for a certified union to undergo a recertification election every two years.c.If a certified union fails to reach its first contract within two months of bargaining, it is penalized under the NLRA. d.The NLRB will not entertain a rival certification petition for a bargaining unit represented by a certified union within the first year.10.True or False: The certified union has exclusive bargaining rights and responsibilities for only those employees within the bargaining unit who join the union.Part B - Case Analysis (This is worth 20% of the exam. Each item is worth 2 points.)For 3 years Jack Sandeen has worked for Crate Builders, an industrial plant that manufactures and sells high-tech packing containers in an employment-at-will state within the eastern United States. When he was hired, he believed he would receive training that would enable him to move from the factory floor into the supervisor’s role. The company experienced a downturn in revenue, however; and, along with 50 hourly workers, several managerial 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 the rest 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 other workers, Darrell snidely reminded him that he was the supervisor, times were tough, and more people could be let go. That evening, Jack went with a few of the guys to the local pub. A union organizer was at the bar and overheard the group complaining about Darrell. The organizer told them about their right to representation. He gave them his business card along with a few brochures to take home. The next week, Darrell found one of the brochures on the floor by the locked company bulletin board. The staff saw him crumple it and spike it into the trash can. He turned and glared at Jack. “You think you’re so smart. We’re watching you. We know about your little chat.” He bit back more words then walked intohis office and slammed the door. Several weeks later, Jack was called into the Human Resource Management office. He was informed that his production numbers were low and they needed to cut more staff so he was being let go. Jack
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