Question 1 10 / 20 pts Facts- A union obtained authorization cards from a majority of employees and demanded that it be recognized as the collective-bargaining representative

Question 1

10 / 20 pts

Facts- A union obtained authorization cards from a majority of employees and demanded that it be recognized as the collective-bargaining representative. The employer doubted the union’s claimed majority status and suggested that the union petition the NLRB for an election. The union struck for recognition as the bargaining representative and filed a charge of unfair labor practice based on the refusal to bargain.

Issue-
Is it an unfair labor practice to refuse to accept evidence of majority status other than the results of a NLRB election? (Yes or No ONLY)

Your answer:

Yes

Question 2

15 / 30 pts

Facts- A union obtained authorization cards from a majority of employees and demanded that it be recognized as the collective-bargaining representative. The employer doubted the union’s claimed majority status and suggested that the union petition the NLRB for an election. The union struck for recognition as the bargaining representative and filed a charge of unfair labor practice based on the refusal to bargain.

Reasons (and cite the supporting section of the NLRA):

Your answer:

The Wagner Act specifies that in section 8(a)(5), the refusal to bargain is certified as an unfair labor practice.  When a union has majority support, the employer is required to recognize that union as a representative of all employees.  Refusal of recognition of that majority status is directly an unfair labor practice.

Question 3

20 / 20 pts

Facts- Employees tried to distribute a newsletter in nonworking areas of the company’s plant during nonworking time. The newsletter included a section that urged employees to voice opposition to incorporation of states’ right-to-work laws into a revised constitution and a section criticizing a presidential veto of an increase in the federal minimum wages. The employer refused to allow distribution, and the NLRB held this was an unfair labor practice.

Issue-
Does the law protect the distribution of this newsletter as a concerted activity? (Yes or No ONLY)

Your answer:

Yes

Question 4

30 / 30 pts

Facts- Employees tried to distribute a newsletter in nonworking areas of the company’s plant during nonworking time. The newsletter included a section that urged employees to voice opposition to incorporation of states’ right-to-work laws into a revised constitution and a section criticizing a presidential veto of an increase in the federal minimum wages. The employer refused to allow distribution, and the NLRB held this was an unfair labor practice.

Reasons (and cite the supporting section of the NLRA):

Your answer:

In accordance with section 8(a)(1), refusing to allow distribution of the newsletter is "preventing employees from talking about a union" in an area that does not interfere with their work duties or customers.  In a nonworking area, this should be allowed and the refusal of it is directly an unfair labor practice.