Question 1

The NLRB can rule that actions of a third party have had a negative impact on employee free choice in union elections and declare the vote invalid.

Accepted Answer

This is true. The National Labor Relations Board (NLRB) can declare a union election invalid if it determines that actions by a third party, such as an employer or union, have interfered with employees' free choice in the election. This is known as a "third-party objection."

Question 2

Employees of a textile factory located in the south requested a union representation election with over 90% signed authorization cards. Just hours before the election, employees began to receive anonymous phone calls threatening that if they voted "yes," they could forget ever being able to get a loan or another job in the community. Fearful for their financial futures, many employees cast "no" votes and the union lost the election. In such a case, the NLRB could declare the election results invalid and schedule a new election.

Accepted Answer

The case described involves a violation of the National Labor Relations Act (NLRA) by using threats and intimidation to influence the outcome of an election. The NLRB may declare the election results invalid and call for a new election in such a case.

Question 3

It is illegal for employers to allow the use of company email for charitable and personal e-mail solicitations while not allowing it to be used for noncharitable organizations .

Accepted Answer

The legality of using company email for various types of solicitations depends on the company's own policies and applicable laws. Employers generally have the right to set their own policies regarding the use of company email, including allowing certain types of email use while prohibiting others.

Question 4

The only time the NLRB can determine employees were not able to exercise their free choice in a union election and declare the vote invalid is when either the employer or the union commits an unfair labor practice.

Accepted Answer

The NLRB can also declare a vote invalid for reasons other than unfair labor practices, such as election misconduct that affects the outcome of the vote, which does not necessarily have to be classified as an unfair labor practice.

Question 5

Discriminatory enforcement of no solicitation policies is considered illegal interference under the NLRA.

Accepted Answer

The National Labor Relations Act (NLRA) protects employees' rights to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection. Discriminatory enforcement of no solicitation policies, where employees are allowed to solicit for certain organizations or causes but not for others, can be seen as illegal interference with those protected activities. Therefore, it is considered a violation of the NLRA.

Question 6

The use of delay tactics, such as challenging the proposed bargaining unit definition in an election petition, is an effective strategy for "breaking" union support.

Accepted Answer

Delay tactics can weaken union support by prolonging the process, causing frustration and loss of momentum among workers.

Question 7

Political and ideological beliefs are important determinants of whether a U.S. worker votes for or against a union in a representation election.

Accepted Answer

The answer of Political and ideological beliefs are important determinants...

Question 8

John, a retail store manager, is concerned about a union organizing attempt at his store. He decides to visit each of his employees at home to discuss the matter in an "informal" setting. John's actions are likely to be considered grounds for invalidating the election.

Accepted Answer

Visiting employees at home in an attempt to dissuade them from unionizing is considered an unfair labor practice and can lead to the invalidation of the election. Union organizing is protected by law, and employers cannot retaliate or interfere with employees' right to form or join a union.

Question 9

Free speech during a union organizing campaign is protected under Section 8(c) of the NLRA which holds that expressing opinions is prohibited only to the extent that it constitutes a threat of reprisal or force, or promise of benefit.

Accepted Answer

Section 8(c) of NLRA protects free speech during union organizing campaigns as long as it does not include threats or promises of benefit.

Question 10

Just three hours before a union representation election was to start, the company president wandered through the plant and handed each employee a fake "pink slip" (termination notice) that said simply, "A yes vote = A pink slip." The union later lost the election and employees admitted they were scared they would lose their jobs if they voted yes. In such a situation, the NLRB could declare the election invalid and hold a new election.

Accepted Answer

The act of giving employees fake termination notices as a means of intimidating them into voting against union representation is a violation of their rights under the National Labor Relations Act. The NLRB has the authority to declare the election invalid and order a new election in such a situation.

Question 11

Under the NLRA, an employer has the right to enforce no solicitation policies on a case by case basis, at their own discretion. Therefore, it is their right to regularly allow employees to sell Girl Scout cookies or similar items while prohibiting a union from distributing informational literature.

Accepted Answer

While an employer can enforce no solicitation policies, they cannot do so in a discriminatory manner that prohibits union activity while allowing other types of solicitation. This would be a violation of the NLRA's protection of employees' right to engage in collective bargaining.

Question 12

If an employer or union threatens or harasses employees in a way that distorts their free choice in a union election, the NLRB can declare the election invalid.

Accepted Answer

This is true according to the National Labor Relations Act (NLRA). Section 8(a)(1) of the NLRA prohibits employers from interfering with, restraining, or coercing employees in the exercise of their Section 7 rights to engage in concerted activity, which includes forming, joining, or supporting a union. Intimidation or harassment that undermines employees' free choice in a union election can be considered an unfair labor practice, which can result in the election being declared invalid by the National Labor Relations Board (NLRB).

Question 13

Supervisors and managers are not allowed to provide employees with facts, opinions, or personal experiences that might dissuade them from voting "yes" in a union election.

Accepted Answer

Supervisors and managers can share facts, opinions, and personal experiences about unions, including reasons they might not support unionization, as long as they do not engage in threats, coercion, or promises of benefits to influence the employees' decision.

Question 14

Workplaces where employees are more individualistic and do not see themselves as similar to their coworkers are less likely to become unionized - even when working conditions are poor and employees are dissatisfied.

Accepted Answer

This statement is true. Research has shown that workplaces with a strong collective identity and sense of shared experience among employees are more likely to become unionized, as they are more likely to identify common issues and grievances and work together to address them. On the other hand, workplaces where employees see themselves as more individualistic and less connected to their coworkers may not see the benefits of joining a union and may be less likely to engage in collective action.

Question 15

After finding out about a unionization attempt at his company, the General Manager held a mandatory meeting with the employees. During the meeting, he told employees that they didn't need a union. To prove his point, he offered the employees a 5% pay increase. The GM's actions are legal under the NLRA.

Accepted Answer

Under the National Labor Relations Act (NLRA), an employer cannot interfere with, restrain, or coerce employees in the exercise of their rights to organize, form, join, or assist a labor organization for collective bargaining purposes. Offering a pay increase in response to unionization efforts can be seen as an attempt to influence or dissuade employees from joining or forming a union, which is considered an unfair labor practice.

Question 16

The NLRB principle that holds that every representation election should reflect employees' free choice with regard to unionization (or not) is known as the "laboratory conditions doctrine" or "General Shoe" doctrine.

Accepted Answer

The laboratory conditions doctrine, also known as the General Shoe doctrine, is a principle established by the NLRB that states that representation elections should be conducted in a neutral and fair manner to allow employees to exercise their free choice with regard to unionization (or not).

Question 17

An employer is allowed to monitor employees' use of company email during an organizing campaign as long as they are not doing so in a discriminatory fashion .

Accepted Answer

According to the National Labor Relations Act (NLRA), employers are allowed to monitor employees' use of company email during an organizing campaign as long as they are not doing so in a discriminatory fashion. However, employers should be careful not to violate employees' privacy rights and should also ensure that their monitoring practices comply with any applicable state and federal laws.

Question 18

"Salting," a tactic used by unions in which paid union organizers try to get hired as regular employees, is grounds for declaring a union election invalid.

Accepted Answer

Salting is a legal tactic used by unions where union organizers seek employment at a non-union workplace to organize from within. It is not grounds for declaring a union election invalid as it is protected under U.S. labor laws.

Question 19

It is estimated that workers were illegally fired in 25 percent of representation election campaigns since 2000.

Accepted Answer

According to a report by the Economic Policy Institute, it is estimated that workers were illegally fired in 25 percent of representation election campaigns since 2000.

Question 20

In a union election campaign, a key role of the NLRB is to balance the free speech rights of the employer and the union against the free choice rights of the employees.

Accepted Answer

The National Labor Relations Board (NLRB) is responsible for overseeing union elections and ensuring that the election process is fair and impartial. This includes balancing the free speech rights of the employer and union with the free choice rights of employees. The NLRB plays a crucial role in preventing interference or coercion during union elections, which could compromise the employees' ability to make an informed choice. Therefore, the statement is true.

Quiz 6: Union Organizing