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Part I
A. At Least 30% B. At Least 51% C. At Least 60% D. At Least 75%
2. In seeking to represent a unit of 100 employees, what is the least possible number of votes the union could receive and still win an election conducted by the National Labor Relations Board?
A. 1 B. 30 C. 31 D. 51
3. A union may only represent employees in a bargaining unit that is appropriate under federal labor law. Whether a bargaining unit sought by a union is appropriate is based on:
A. Whether the employees all have the same job title B. Which employees want to be represented by the union C. Whether the employees in the unit share a community of interest D. Whether the employees work at the same plant
4. It is unlawful for an employer to require employees to attend meetings in the workplace to discuss the union.
True False
5. If a company holds mandatory meetings regarding the union, it must allow the union to conduct similar meetings on the company’s property or on company time.
6. A company may lawfully implement a no-solicitation / no-distribution policy in response to union organizing activity.
7. An employer may generally restrict solicitation and distribution of union literature by employees in the workplace by enforcing a no-solicitation / no-distribution policy that was in place before union organizing began.
8. An employer may lawfully urge employees to vote against a union and can express its opinions and beliefs as to why unionization would be bad for employees.
9. A union that has won an NLRB-conducted election is presumed to have the support of a majority of employees in the unit for:
A. Six Months B. One Year C. Two Years D. Indefinitely
10. Any company employee who wishes to vote in a union election may do so.
11. To prove it has sufficient employee support to secure an NLRB-conducted election, a union must:
A. Convince employees to file unfair labor practice charges with the NLRB B. Obtain authorization cards from employees C. Submit an affidavit saying it represents most of the company’s employees D. Set up a picket line outside the company’s facility
12. A union can only become the collective bargaining agent for a group of employees if it wins an NLRB-conducted election.
13. In conducting a representation election, the NLRB does not tell the company which employees signed union authorization cards.
14. An employee who has signed a union authorization card may vote against union representation in an NLRB-conducted election.
Part II — Employer Statements and Conduct During Union Organizing Campaigns
For each of the following scenarios, please indicate whether the statement or conduct is lawful or unlawful:
15. During a union organizing campaign, a company manager tells employees:
"I understand that some of you are considering supporting a union. I want to tell you that this is a big mistake. It will only lead to problems. My father spent his whole life as a member of a union, and he never got anything good out of it. He spent his career paying dues to the union – money that was needed at home – and then, when he was only two years from retirement, the company shut down and went out of business. He got nothing. We got nothing. All that union ever did was collect money from honest, hardworking employees, and then when the union was most needed, it didn’t do anything to help."
A. Lawful. B. Unlawful. C. I’m not sure.
16. During a union organizing campaign, a company manager tells employees:
"I understand that some of you are considering supporting a union. Well, it is your choice, and the company believes that you should have the right to decide for yourself what is best. We respect your choice, and whatever you decide in the voting booth is fine. Of course, if this place were to go union, I don’t know what would happen. I do know that we couldn’t afford to stay competitive in this tough economy. We would probably have to shut down and fire all of the employees. Or else, we would probably have to move our production to Mexico. I don’t know for sure what would happen, but don’t worry – that’s not your problem. As I said before, the company respects your right to choose whether or not you want to be represented by a union."
17. During a union organizing campaign, a company manager tells employees:
"I understand that some of you are considering supporting a union. I sure hope a union doesn’t come in here. That would be terrible for you. It would probably mean that you would have to give up some of your paycheck each week to the union in the form of dues. Worse, the union couldn’t guarantee you anything. The company already gives you everything that it can afford. Union or no union, I can’t see the company doing much more. Our company president opposes a union here. He has told me to tell you that he urges you to vote against any union. You wouldn’t want to disappoint the company president, would you? That could lead to terrible consequences for you. The last time I saw the president get angry at employees, he fired everyone. Of course, that was many years ago, but I don’t think he has changed his approach. So, I trust that you will do the right thing and vote against the union."
18. Every year for the past three years, a company has given employees bonuses at the end of the year. This year, however, the company’s economic condition took a turn for the worse. While the company thinks it will survive, it had a $500,000 loss for the year. As a result, after the year ends, the company decides not to award bonuses to employees. Two months before the year ended, a union began an organizing campaign. Two weeks before the year ended, the union filed a petition for an election. The National Labor Relations Board scheduled the election for January 15. Historically, the bonuses have been paid on January 2.
19. Over the past three years, an employer has noticed that employee use of the company e-mail and internet system has been growing at an increasing rate. At the same time, the employer has read with interest news reports showing that unions have begun using the internet and e-mail as a way to effectively organize workers. In fact, the employer has seen union websites which offer to e-mail employees free step-by-step materials on how to organize a workplace in favor of a union. Worried about these trends, the employer implements a new policy prohibiting employees from using the company e-mail and internet system for anything other than company business. At the time that this policy is implemented, there is in fact no union organizing activity or effort under way at any of the employer’s locations.
Part 3 — Union Salting:
A. A union dispatches a paid union organizer to work for an employer that the union has targeted for an organizing drive. B. The NLRB sends out a "tester," an employee of the NLRB, to apply for employment with an employer suspected of committing unfair labor practices. C. The EEOC submits a number of applications to an employer suspected of unlawful employment discrimination. D. Employees who are union supporters secretly distribute pro-union handbills to other employees.
21. An employer that learns that it has unknowingly hired union "salts" can respond by enacting a "no moonlighting" policy stating that "no employee of the Company may work for any other employer without the written permission of the Company.
22. A union "salt" cannot simultaneously be on the payroll of the union and the company, since an employee owes his or her direct employer the duty of loyalty, and "cannot serve two masters."
23. Because union "salting" is legal, there is nothing that an employer can lawfully do to discourage union "salts" from applying for employment with the company.
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