Company A wants to discourage unionization through the United Technical Workers of America. True or False: In order to do so, it can initiate an organizing campaign for the Technical Employees Union instead. 2) True or False: A union must wait for an existing employee to contact it before trying to organize the workers to support the union. 3) True or False: Elections under the NLRA were intended to replace the need for striking in order to have a union recognized. 4)
True or False: Companies can voluntarily acknowledge a union through a card check recognition process if it appears to have 30% support. 5) Cindy, an employee of
Stellar Snowboard Manufacturing, has just signed an authorization card during a union organizing campaign by Local 79 of the Teamsters Union. Cindy has agreed with
which of the following statements: A. I am requesting the NLRB hold a representation election at my employer’s place of business. B. I authorize Teamsters Local 79
to be my collective bargaining agent in negotiations with Stellar Snowboard. C. I authorize Stellar Snowboard to deduct union dues for Teamsters Local 79 from my
paycheck. D. I authorize Teamsters Local 79 to use a portion of my union dues money for the purpose of political lobbying. Use this scenario to answer questions 6
– 8: 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. 6) True or False: In order to
win, the UAW would propose to restrict the bargaining unit to assembly workers and Jack would propose to define the bargaining unit as technical workers, janitors,
and assembly workers. 7) True or False: The security guards can elect to be part of the same bargaining unit since they have a sufficient community of interest
with the assembly workers. 8) True or False: If the UAW wins and a 2-year contract is signed, the employees who opposed the representation or the contract
provisions can file for a decertification election in 6 months after ratification. 9) True or False: Managers who foster a cohesive culture among the
non-management staff in order to increase team productivity could also be creating a dynamic that encourages individuals to vote for a union. 10) 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 union. 11) True or False: An
employer could violate the laboratory conditions doctrine without committing an unfair labor practice, which would cause the election results to be dismissed and a
new election to be held. 12) Joan, age 40, is dissatisfied with her job. Martin, age 25, is satisfied with his job but thinks the union could provide better
benefits beyond the associated costs. Most research studies about individual voting decisions would predict that, of the two: A. Joan is more likely to vote for a
union because she is older. B. Martin is more likely to vote for a union because men do more than women. C. Joan is more likely to vote for a union because she is
frustrated. D. Martin is more likely to vote for a union because he sees economic opportunity in the representation. 13) True or False: Determining the bargaining
unit occurs before certification is obtained whereas determining the bargaining structure occurs after, but both strategic decisions influence the power of the
party. 14) True or False: Negotiators can influence the perceived cost of agreeing as well as the perceived cost of disagreeing and the other party will likely
accept the proposal when it is more expensive to disagree. 15) True or False: Research suggests that a party with an attractive BATNA will likely receive a more
positive outcome if it hides the information from the other side. 16) True or False: The winner’s curse and anchoring biases can be reduced by adequately preparing
to bargain. 17) During a negotiation, the union proposes a 25 cent per hour wage increase across the board. Management says it cannot afford that. Management has
just: A. Reached an impasse B. Established an obligation to share corporate financial information with the union C. Provided a counter offer and should wait for
the union to propose something else D. Revealed its BATNA 18) True or False: Good faith bargaining requires the parties to come to an agreement about both
mandatory and permissive items. 19) Which of the following is most likely to be considered an example of surface bargaining? A. An employer, unsatisfied with the
contract terms being offered by the union, negotiates directly with an influential employee who is not on the negotiating team in the hopes that she will convince
other employees to agree to the terms. B. An employer refuses to give the union financial information it has requested after telling the union that their demands
are unreasonable in light of the company’s tentative financial position. C. An employer uses delay tactics such as scheduling conflicts, withdrawing items that
were already settled, and delaying the release of information important to negotiations. D. An employer decides to implement the terms of their final offer in the
hopes that employees will like the contract and pressure the union to settle. 20) True or False: Collective bargaining agreements made between labor’s negotiators
and the employer’s negotiators are tentative and subject to rank and file approval. Part B “?o Case Analysis. (This section is worth 5% of the test grade. Each
question is worth 1 point.) Use the Winn-Dixie vs. UFCW case on p. 260 of Budd for the following questions. 1. True or False: The company’s bargaining strategy was
integrative because it invited the union to post a joint announcement. 2. True or False: If the company has more than one warehouse in northern Florida and only
the Jacksonville site is unionized, the company’s BATNA and bargaining power is greater than if only one warehouse exists. 3. True or False: The company can
legally dismiss all the items the Union listed in the May 6 letter because those are not covered by the NLRA. 4. Assume the company used surface bargaining. True
or False: The July 7 action is legal under the NLRA because the company says an impasse exists. 5. True or False: If the union agrees to the company’s offer as is,
the union’s theatrical role will be undermined in the ratification process. Part C “?o Case Essay Use the terms and concepts covered in the course to analyze this
case. Please limit your response to a maximum of 3 concisely written, double-spaced pages. The company operates about 700 convenience stores. A sales assistant at
one of the company’s stores was murdered while on duty. The murder was widely publicized, and employees complained of inadequate security measures. As a result of
the murder, 15 sales assistants telephoned the union requesting a union organization effort. The union sent representatives to 60 stores in the area where the
murder had occurred and left union authorization cards. Two days later the company notified the union that an injunction had been issued during a prior union
campaign prohibiting solicitation on company property. The next workday, the company had a meeting with the store managers in the area and talked about the need to
improve security. The company officials also discussed the union’s organization activities and reminded the managers of the “no solicitation”? policy and stated
that a union would not necessarily do the employees any good. Later that week, the company had an unprecedented meeting for all sales assistants. Approximately 200
sales assistants attended and were paid for their time. The company officials told the employees that they did not need a union and that the employees from the
union could retrieve their authorization cards. The employees were asked to voice their complaints and the employees listed the following: getting less than 40
hours work per week; not having breaks; not being paid for overtime work; working alone at night; and poor lighting at the stores. The next day the company sent a
memo to all regional personnel directing that sales assistants should work a 40-hour workweek; canopy lights were installed at all the stores; a policy was adopted
that no one would be required to work alone at night; and sales assistants began receiving wages for after-hours overtime work. The company posted “no
solicitation”? signs in all stores and directed that those signs be enforced; if the employees did not enforce the signs, they would lose their jobs. Later that
month the company held further meetings with sales assistants, who again were paid for their time. They asked to select committee representatives to meet with
management to discuss their complaints. Management officials left the room while the employees selected their representatives. The company made a list of the ten
most frequently mentioned items from the employees’ recommended subjects for the committee to discuss. Meanwhile, the union filed a representation petition with
the NLRB seeking an election in a unit of all Summitt, Ohio sales assistants. The company president told the managers to tell the sales assistants that if they
joined the union, the company would close those stores. The first meeting of the Employee Management Committee was held and the ten priority items were listed,
granting employees a new vacation policy, improved health-care benefits, sick days, change in holiday hours for pay, recognition of seniority ranks, and improved
security systems. Not long after that, the company sent an additional memo around announcing other improvements in life, major medical, and accident insurance
plans, in addition to death and family benefits and a revised disciplinary appeal system. The union wants to file a complaint with the NLRB. What “unfair labor
practice”? claim(s) could it make? For each one, what defense would the company give? Use the specific terms and concepts covered in this course to support your
analysis. Operations Management.
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