In situations where gross misconduct calls the results of a representation election into question, a Gissel bargaining order may be issued to:
A) Prohibit a union from acting as the employees' exclusive representative even if they have "won" the representation election.
B) Require an employer to negotiate with a union even though the election results do not support representation.
C) Require that a new representation election be held.
D) Declare the employer the winner of the election.

Question

Quizplus · Accepted Answer

A Gissel bargaining order is issued by the National Labor Relations Board (NLRB) when an employer's gross misconduct has so tainted the election process that a fair and reliable election cannot be held. This order requires the employer to negotiate with the union despite the election results not supporting union representation, as it is assumed that the employer's actions have unduly influenced the outcome.

In Situations Where Gross Misconduct Calls the Results of a Representation