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Question Set 1
The United Employees Union (UEU) has filed a petition for an NLRB election seeking to be certified as the exclusive representative for a bargaining unit of Polansky Plastic, Inc. employees. Polansky has a total of 75 employees at its facility, including 50 hourly production employees, 1 confidential HR employee, 2 supervisors, 2 professional employees who are research scientists, 4 skilled trades employees who set up and maintain plant and lab equipment, 4 college students who work as temporary interns during the school year, 1 plant manager, 9 clerical and administrative staff, and 2 guards. The UEU’s petition proposes a bargaining unit that would include all 75 employees.
In your response, address the following:
What legal standard(s) will the Board use to determine whether this would be an appropriate bargaining unit?
What factors would the Board consider in making that determination?
Would the Board be likely to find this to be an appropriate bargaining unit? If not, explain in detail why not. What other information would you need to know to fully assess that issue?
What other employee grouping(s) might constitute appropriate units and why? What other information would you need to know to fully assess that issue?
Explain the legal basis for each of your responses.
Question Set 2
Yesterday morning at 6:45 a.m., Tom, a supervisor, saw Naomi, an hourly employee, passing out union authorization cards in the employee lunch room just after she punched in at 6:40 a.m. Fuming, Tom walked up to her, grabbed the cards out of her hands, tore them into tiny pieces, and said, “We don’t need troublemakers around here. You’re fired.”
Although discharges are normally screened by your office, you were on vacation yesterday, blissfully unaware of what was happening. Your post-vacation tranquility is now disrupted by a phone call from a local labor lawyer who’s threatening to file a ULP on behalf of Naomi.
When you retrieve Naomi’s file, you realize why her name was so familiar: she had been on last chance agreement based on a history of tardiness. Under the terms of that agreement, she could have been summarily fired if she had not been at her work station by 6:00 a.m. that morning, when her shift started.
In your response, address the following:
Question Set 3
As it turns out, later on the same day, Tom walked up to Ahmed, another hourly employee, as Ahmed was entering the plant at 7:00 a.m. and said, “You people are stealing our jobs. We only want real Americans here. Get out!”
You hear about this disaster from a lawyer for the local Anti-Discrimination Committee, who tells you that Ahmed is going to file a Title VII complaint.
First you swear that you will never take another vacation day. After getting the lawyer’s contact information, you pull Ahmed’s file and see that he too had been on last chance agreement based on a history of tardiness. Under the terms of his agreement, he could also have been summarily fired if he had not been at his work station by 6:00 a.m. that morning.
In your response, address the following:What legal issues should you consider in terms of how to respond to the threatened ULP? Identify and discuss the law that pertains to the issue.What options might you have at this point? To whom might you want to speak, and what would you want to say?Is there anything that you might want to investigate? If so, what and how would you go about it?Is there anything else that you might want to do? If so, what? If no, why not?
