Deck 22: Immigration and Labor Law
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Deck 22: Immigration and Labor Law
1
A closed shop is a workplace that rejects union membership as a condition of employment.
False
2
For a union election to be held,at least 30 percent of the workers to be represented must support a union or an election on unionization.
True
3
If an employee presents false documentation of eligibility to work in the United States,his or her employer is subject to deportation.
False
4
To gain authorization for hiring a foreign worker,an employer must show that the hiring will not adversely affect other workers similarly employed.
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5
An employer who violates the law by hiring an unauthorized worker is subject only to the penalty of a forced discharge of the employee.
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6
A proposed union must represent an appropriate bargaining unit of an employer's employees.
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7
An employer can exercise some control over unionizing activities that take place on company property and during working hours.
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8
To gain authorization for hiring a foreign worker,an employer must show that no U.S.worker is qualified,willing,and able to take the job.
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9
On Form I-9,an employer must declare that an employee produced documents establishing his or her identity and legal employability.
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10
U.S.employers face penalties if they hire undocumented immigrants,but the penalties are not serious.
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11
It is not illegal to refer for a fee someone not authorized to work in this country.
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12
During a union election campaign,any statement by a union supporter to an employee regarding working conditions is considered a threat.
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13
State legislation relating to immigrants is invalid if it conflicts with the comprehensive framework of federal immigration law.
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14
To be protected by the National Labor Relations Act,an individual must be an employee or a job applicant.
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15
The government must obtain a subpoena or a warrant to inspect an employer's file of I-9 forms.
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16
Right-to-work laws make it illegal for employers to refuse to hire applicants who are willing and able to work.
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17
A union obtains authorization cards from a majority of workers to justify an election among the workers for unionization.
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18
A company seeking to hire a noncitizen worker may do so if the worker is "self-authorized."
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19
Criminal penalties apply to employers who engage in a "pattern or practice" of immigration law violations.
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20
State laws can authorize law enforcement officials to arrest anyone based solely on reasonable suspicion that the person is in the country illegally.
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21
During collective bargaining,the employer and the union are obligated to reach an agreement.
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22
It is not an unfair labor practice for an employer to contribute financial or other support to a labor organization.
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23
In a typical strike,an employer has a right to hire replacement workers to substitute for striking workers.
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24
After a union is certified,it becomes the exclusive bargaining representative of the workers.
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25
It is an unfair labor practice for a union to charge a membership fee.
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26
If a union loses the majority support of those it represents,an employer is not obligated to continue recognition of the union.
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27
Berry Fields,Inc. ,employs hundreds of seasonal and permanent workers,both skilled and unskilled,in three states.Under federal immigration law,Berry Fields can hire illegal immigrants
A)if either the employer or the immigrants file special forms.
B)only if the employer files a special form.
C)only if the immigrants file special forms.
D)under no circumstances.
A)if either the employer or the immigrants file special forms.
B)only if the employer files a special form.
C)only if the immigrants file special forms.
D)under no circumstances.
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28
Seafood Canning Corporation keeps a file of I-9 verifications forms.To inspect this file,the appropriate government officer must obtain
A)a subpoena and a warrant.
B)a subpoena or a warrant,but not both.
C)not a subpoena,a warrant,or the employer's consent.
D)the employer's consent.
A)a subpoena and a warrant.
B)a subpoena or a warrant,but not both.
C)not a subpoena,a warrant,or the employer's consent.
D)the employer's consent.
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29
Unions have a duty to make a reasonable effort to come to an agreement with an employer.
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30
At any time and for any reason,an employer can refuse to bargain collectively with an elected employee representative.
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31
Non-employees do not have a right to picket an employer during a strike.
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32
Mai,Nina,and Omar apply to work for Poultry Company.These individuals' identities and eligibility to work must be verified by
A)the employer.
B)the applicants.
C)the applicants' countries of origin.
D)U.S.Citizenship and Immigration Services.
A)the employer.
B)the applicants.
C)the applicants' countries of origin.
D)U.S.Citizenship and Immigration Services.
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33
Jorge,Kim,and Lucy apply to work for Meat Packing,Inc.The employer must verify the identity and eligibility to work of
A)each new hire.
B)only those hired as contractors.
C)no job applicant or employee.
D)only members of ethnic minorities.
A)each new hire.
B)only those hired as contractors.
C)no job applicant or employee.
D)only members of ethnic minorities.
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34
A strike is an extreme action,but striking workers do not lose their right to be paid.
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35
After every strike,strikers have a right to return to their jobs.
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36
A union may threaten an employee with the loss of a job for a failure to join the union.
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37
Employers seeking to lay off workers can choose to lay off union workers before nonunion workers.
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38
Employers have a duty to negotiate with a union in good faith.
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39
Vehicle Assembly Corporation operates a plant near the border between the United States and Mexico.Due to the location,it would be easier for the company to employ noncitizens.In this situation,it is legal for the employer to
A)hire persons not authorized to work in the United States.
B)recruit persons not authorized to work in the United States.
C)refer for a fee persons not authorized to work in the United States.
D)none of the choices.
A)hire persons not authorized to work in the United States.
B)recruit persons not authorized to work in the United States.
C)refer for a fee persons not authorized to work in the United States.
D)none of the choices.
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40
Workers have a right to refuse to cross a picket line of fellow workers who are engaged in a lawful strike.
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41
Interstate Storage & Trucking,Inc. ,keeps a file of I-9 verifications forms,which are required by the Immigration Reform and Control Act.To monitor compliance with the act,random audits and enforcement actions are conducted by
A)the local office of the National Labor Relations Board.
B)the governments of interested foreign nations.
C)the government of the state in which Restocking is based.
D)the federal government.
A)the local office of the National Labor Relations Board.
B)the governments of interested foreign nations.
C)the government of the state in which Restocking is based.
D)the federal government.
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42
During a union election campaign at Construction Corporation,the employer tells the employees,"If the union wins,you'll all be fired." This is an unfair labor practice
A)only if the employer delivers on the threat.
B)only if the employees change their views on unionization.
C)under all circumstances.
D)under no circumstances.
A)only if the employer delivers on the threat.
B)only if the employees change their views on unionization.
C)under all circumstances.
D)under no circumstances.
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43
The employees of Beverage Bottling Company designate Cola Cappers Union as their bargaining representative.The employer refuses to bargain with the union over wages and working conditions.This violates
A)the National Labor Relations Act.
B)the Fair Labor Standards Act.
C)the Social Security Act.
D)no federal law.
A)the National Labor Relations Act.
B)the Fair Labor Standards Act.
C)the Social Security Act.
D)no federal law.
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44
Trucking Company believes that United Truckers Union has violated a federal labor law.The appropriate step is for the employer to
A)file a complaint with the National Labor Relations Board.
B)file a suit in the appropriate federal court.
C)lock out the union employees.
D)petition the president of the United States.
A)file a complaint with the National Labor Relations Board.
B)file a suit in the appropriate federal court.
C)lock out the union employees.
D)petition the president of the United States.
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45
Food Pickers Union represents the employees of Grower Farms.Food Pickers would like Grower Farms to require its non-union employees to join the union after a specified amount of time on the job.This violates
A)federal labor law.
B)federal immigration law.
C)federal wage and hour laws.
D)no federal law.
A)federal labor law.
B)federal immigration law.
C)federal wage and hour laws.
D)no federal law.
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46
Cloud Service Corporation wants to hire Dhani,a noncitizen.To hire Dhani,Cloud Service must petition
A)U.S.Citizenship and Immigration Services.
B)the Social Security Administration.
C)U.S.Immigration and Customs Enforcement.
D)the National Labor Relations Board.
A)U.S.Citizenship and Immigration Services.
B)the Social Security Administration.
C)U.S.Immigration and Customs Enforcement.
D)the National Labor Relations Board.
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47
Analytic Projections,Inc. ,a data analysis firm,wants to hire Benazir,a noncitizen.A work visa is most likely to be set aside for a noncitizen if
A)the noncitizen is of "ethnic similarity to the employer's workforce."
B)there is no shortage of qualified U.S.workers capable of doing the work.
C)hiring the worker will not adversely affect the labor force.
D)the noncitizen is a "person with an extraordinary work ethic."
A)the noncitizen is of "ethnic similarity to the employer's workforce."
B)there is no shortage of qualified U.S.workers capable of doing the work.
C)hiring the worker will not adversely affect the labor force.
D)the noncitizen is a "person with an extraordinary work ethic."
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48
Dock Workers Union believes that Emerging Market Corporation has violated a federal labor law.The appropriate step is for the union to
A)call a strike.
B)file a complaint with the National Labor Relations Board.
C)file a suit in the appropriate federal court.
D)petition the president of the United States.
A)call a strike.
B)file a complaint with the National Labor Relations Board.
C)file a suit in the appropriate federal court.
D)petition the president of the United States.
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49
Lori's List,Inc. ,an online directory of goods and service providers,wants to hire Mei-Ling,a noncitizen.A temporary work visa is most likely to be set aside for a noncitizen who is
A)a "person of ethnic similarity to the employer's workforce."
B)a "person of extraordinary ability."
C)a "person of ordinary ability and ambition."
D)a "person with an extraordinary work ethic."
A)a "person of ethnic similarity to the employer's workforce."
B)a "person of extraordinary ability."
C)a "person of ordinary ability and ambition."
D)a "person with an extraordinary work ethic."
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50
Workers at Resource Industries,Inc. ,want to form into a single union.To constitute an appropriate bargaining unit,a group of workers must have
A)a mutuality of interest.
B)at least one member of management willing to join the union.
C)jobs that are similar to jobs at the employer's competitors.
D)the company's best interest in mind.
A)a mutuality of interest.
B)at least one member of management willing to join the union.
C)jobs that are similar to jobs at the employer's competitors.
D)the company's best interest in mind.
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51
After a union election campaign among the employees of Frozen Foods Company,the Food Employees Union does not obtain a majority vote in the election.This violates
A)federal labor law.
B)state right-to-work laws.
C)federal wage-and-hour laws.
D)no federal or state law.
A)federal labor law.
B)state right-to-work laws.
C)federal wage-and-hour laws.
D)no federal or state law.
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52
Hospital Corporation employs seven thousand workers in seven locations.These employees have the right to
A)demand that Hospital Corporation be a closed shop.
B)make "hot-cargo" agreements.
C)organize.
D)none of the choices.
A)demand that Hospital Corporation be a closed shop.
B)make "hot-cargo" agreements.
C)organize.
D)none of the choices.
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53
Metalworkers Union represents the workers of National Fabrication Corporation.The employer refuses to bargain with the union over working hours.This most likely violates
A)federal labor law.
B)state right-to-work laws.
C)federal wage-and-hour laws.
D)no federal or state law.
A)federal labor law.
B)state right-to-work laws.
C)federal wage-and-hour laws.
D)no federal or state law.
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54
Service Employees International Union represents the employees of Therapy Rehabilitation Corporation.Potential subjects of collective bargaining between the union and the corporation do not include
A)management's participation in union meetings.
B)employee discounts.
C)healthcare plans.
D)scholarship programs.
A)management's participation in union meetings.
B)employee discounts.
C)healthcare plans.
D)scholarship programs.
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55
During a dispute with Musical Productions Inc. ,National Stagehands Union asks the National Labor Relations Board (NLRB)for a ruling.The NLRB rules against the employer.The employer may appeal the decision to
A)the appropriate state court.
B)the appropriate federal court.
C)the president of the United States.
D)the U.S.Department of Labor.
A)the appropriate state court.
B)the appropriate federal court.
C)the president of the United States.
D)the U.S.Department of Labor.
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56
Theo is an employee of US Gas Company.Under federal law,Theo and other employees have the right to
A)bargain collectively with their employer through their representative.
B)insist that their employer require union membership to work.
C)require their employer to contribute financially to their union.
D)refuse to bargain with their employer through their representative.
A)bargain collectively with their employer through their representative.
B)insist that their employer require union membership to work.
C)require their employer to contribute financially to their union.
D)refuse to bargain with their employer through their representative.
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57
GMO Research Corporation,a U.S.employer,may hire Hilo,a noncitizen,if Hilo is
A)a lawful permanent resident of the United States.
B)an unlawful but hopefully permanent resident in the United States.
C)an unlawful but only temporary resident in the United States.
D)any of the choices.
A)a lawful permanent resident of the United States.
B)an unlawful but hopefully permanent resident in the United States.
C)an unlawful but only temporary resident in the United States.
D)any of the choices.
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58
Food Handlers Union petitions the National Labor Relations Board for an election on organizing a union among the employees of Roasters Coffee Company.For an election to be held,the union must represent
A)all of the employees.
B)the workers who have a mutuality of interest.
C)workers whose jobs are similar to jobs at the company's competitors.
D)the company's best interest.
A)all of the employees.
B)the workers who have a mutuality of interest.
C)workers whose jobs are similar to jobs at the company's competitors.
D)the company's best interest.
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59
During a union election campaign,Truck Service,Inc. ,prohibits on-site,work-hour solicitations by any party,including United Mechanics Union,which is seeking the workers' unionization.This violates
A)federal labor law.
B)federal election law.
C)federal solicitation law.
D)no federal law.
A)federal labor law.
B)federal election law.
C)federal solicitation law.
D)no federal law.
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60
Quality Packing Company allows on-site,work-hour solicitations for charitable causes.During a union election campaign,the company prohibits similar time and place solicitations by Packagers Union,which is seeking the workers' unionization.This violates
A)federal labor law.
B)state right-to-work laws.
C)federal wage-and-hour laws.
D)no federal or state law.
A)federal labor law.
B)state right-to-work laws.
C)federal wage-and-hour laws.
D)no federal or state law.
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61
General Healthworkers Union represents the employees of Home Healthcare,Inc.During negotiations over conditions of employment,each side rejects the other's proposal without offering a counterproposal.This indicates
A)bad faith.
B)good faith.
C)each party's attempt to obtain concessions on other subjects.
D)reasonable efforts to come to an agreement.
A)bad faith.
B)good faith.
C)each party's attempt to obtain concessions on other subjects.
D)reasonable efforts to come to an agreement.
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62
Ben works for ChemCoat Corporation.ChemCoat refuses to pay Ben and its other employees for time spent exclusively on union activities.This violates
A)the Labor-Management Relations Act.
B)the National Labor Relations Act.
C)the Norris-LaGuardia Act.
D)no federal labor law.
A)the Labor-Management Relations Act.
B)the National Labor Relations Act.
C)the Norris-LaGuardia Act.
D)no federal labor law.
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63
Cleaning Products Company agrees with its employees' union not to buy any nonunion-produced goods from other firms for use in Cleaning's warehouse and distribution centers.This is
A)a permissible secondary boycott.
B)a prohibited secondary boycott.
C)a legal wildcat strike.
D)an illegal wildcat strike.
A)a permissible secondary boycott.
B)a prohibited secondary boycott.
C)a legal wildcat strike.
D)an illegal wildcat strike.
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64
After extensive bargaining,the Storage Workers Union and Commercial Warehouse Company cannot agree on terms.The employer may
A)file a complaint with the National Labor Relations Board.
B)file a suit in the appropriate federal court.
C)lock out the union employees.
D)petition the president of the United States.
A)file a complaint with the National Labor Relations Board.
B)file a suit in the appropriate federal court.
C)lock out the union employees.
D)petition the president of the United States.
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65
Clerical Workers Union demands that Data Research Company hire unnecessary workers.This most likely violates
A)federal labor law.
B)state right-to-work laws.
C)federal wage-and-hour laws.
D)no federal or state law.
A)federal labor law.
B)state right-to-work laws.
C)federal wage-and-hour laws.
D)no federal or state law.
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66
The unionized workers of Steel Company go on strike.During the strike,it is legal for the strikers to
A)use violence.
B)form a massed barrier to deny others access to the employer's plant.
C)stay in the employer's plant without working.
D)none of the choices.
A)use violence.
B)form a massed barrier to deny others access to the employer's plant.
C)stay in the employer's plant without working.
D)none of the choices.
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67
Minnie,an employee of Nursing Home,Inc. ,goes out on strike with other employees.Nursing Home hires replacements for the striking workers.The replacement workers need not be terminated when the strikers return to work if the strike is
A)an economic strike.
B)a sit-down strike.
C)a wildcat strike.
D)an unfair labor practice strike.
A)an economic strike.
B)a sit-down strike.
C)a wildcat strike.
D)an unfair labor practice strike.
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68
After extensive bargaining,Rubber Workers Union and Super-Valu Tire Company cannot agree on terms.The union may
A)call a strike.
B)file a complaint with the National Labor Relations Board.
C)file a suit in the appropriate federal court.
D)petition the president of the United States.
A)call a strike.
B)file a complaint with the National Labor Relations Board.
C)file a suit in the appropriate federal court.
D)petition the president of the United States.
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69
Auto Parts Company runs an after-market auto parts-replacement company.Most of Auto Parts's business is done during the spring and summer.The company hires a large temporary workforce during its busiest times.Occasionally,a position opens for an individual with highly specialized skills,particularly to operate and maintain the company's inventory control systems.Can Auto Parts hire noncitizens for its temporary,seasonal work? Can the company hire a noncitizen with special skills for certain jobs? If so,what procedures must the employer follow in both situations to do this hiring? If not,how can Auto Parts be assured that it is hiring only citizens?
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70
Cheryl,a server for a Dinner Buffet,Inc. ,restaurant goes out on strike with the other employees.Dinner Buffet hires replacements for the striking workers.After the strike,Cheryl must be given her job back if the strike was
A)an economic strike.
B)a sit-down strike.
C)a wildcat strike.
D)an unfair labor practice strike.
A)an economic strike.
B)a sit-down strike.
C)a wildcat strike.
D)an unfair labor practice strike.
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71
Some of the employees of Righteous Apps,Inc. ,decide that they want to be represented by the Science Workers Union in bargaining with Righteous Apps over overtime pay and the times that the offices open and close.Righteous Apps,and some employees,including Truman,are against the union.Who can demand that a union election be held? If the union is elected,does it have to represent Truman? If the union is elected,does Righteous Apps have to bargain over overtime pay and the times that the offices open and close?
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72
Hotel Employees Union is engaged in collective bargaining with International Lodging,Inc.The employer would show bad faith by
A)compromising on particular issues.
B)constantly shifting positions on disputed contract terms.
C)not discussing union positions with employees.
D)sending only bargainers who have authority to commit to a contract.
A)compromising on particular issues.
B)constantly shifting positions on disputed contract terms.
C)not discussing union positions with employees.
D)sending only bargainers who have authority to commit to a contract.
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