Jack is a 2nd level manager at Johnson Controls. His department includes 2 super
ID: 401801 • Letter: J
Question
Jack is a 2nd level manager at Johnson Controls. His department includes 2 supervisors, 5 night shift security guards, 5 technical workers, 10 janitorial staff, and 25 manufacturing floor 2nd shift assembly workers. The United Auto Workers would like to represent the employees in this company. It has almost secured a sufficient number of authorization cards; all of them come from the assembly workers. The other employees have declined to sign. True or False: The NLRB evaluates whether an election campaign is fair by assessing the conditions in the workplace to see if employees need a unionExplanation / Answer
The Employee Free Choice Act would have amended theNational Labor Relations Actin three significant ways. That is,
Section 2(a) of the bill would have allowed the recognition of a union for the purpose of exclusivecollective bargainingwith an employer if a majority of employees signcardsstating their wish that the union represents them.
Currently, theNLRAsection 9(c) anticipates that after at least 30% of employees state their wish for union representation, a separatesecret ballotwill be held to confirm that the majority of employees want union representation.[5][6]This only happens when there is "a question of employee representation", or in other words, the result is contested (for instance, because the employer objects). Undisputed petitions, when all employees and the employer agree, require no further election.[7]However, in practice, the results of the card check usually are not presented to the employer until 50 or 60% of bargaining-unit employees have signed the cards.[4]Moreover, even if every employee has signed cards indicating their preference to be represented by the union, an employer may demand a secret ballot, and refuse to bargain until one is held.[4]The effect of section 2 would have been that if a majority of employees at a workplace have already put their names on cards, there would have been no further requirement to confirm the union can represent them through anadditionalballot. It would have meant that an employer could not demand afurthersecret ballot after a majority of employees hadalreadyput their names on cards supporting union representation. The text reads as follows,
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