Flashcards Studio
Practice bar questions and get clear AI feedback on every answer.
Question
PulseTech Electronics employs 420 workers across two plants: Plant Aurora (production, 260) and Plant Crescent (administration and logistics, 160). A DOLE-supervised certification election last year produced the PulseTech Production Union as the exclusive bargaining agent for Unit Aurora. Management now proposes to merge Unit Aurora with Plant Crescent's Unit into a single 'Company-wide Operations Unit' and to hold a consent election to determine the exclusive bargaining agent for the merged unit, arguing that a single unit would streamline bargaining. The Union objects, insisting that a fundamental change in the bargaining unit requires formal unit determination and a separate election; there are also allegations of unfair labor practices during the certification activity (threats to close Plant Aurora to coerce votes). (a) Identify the controlling doctrine governing certification elections and exclusive bargaining agents. (b) Distinguish the controlling rule on the scope of the bargaining unit and the effect of a valid CEBA. (c) Apply to the facts: (i) Is the employer’s plan to merge Unit Aurora and Plant Crescent’s Unit into a single unit via a CEBA permissible? (ii) What remedies are available if unfair labor practices are proven during the certification process? (iii) If the employer wants to pursue a change in the bargaining unit, what proper steps should be taken?