Beta

Flashcards Studio

Practice bar questions and get clear AI feedback on every answer.

Study Settings View Stats

Topic

Question Type

Essay Multiple Choice

Question Source

All Jurisprudence based

0 tracked cards Labor and Social Legislation

AstraForge Manufacturing, a plant employing about 320 workers, forms a labor organization called Astra Forge Workers Union (AFWU). After a representation election supervised by the Labor Arbiter, AFWU is certified as the exclusive bargaining representative (EBR) for the plant. The employer refuses to recognize AFWU as EBR, directs supervisors to hold meetings with non-members to sway opinions, and suspends two AFWU organizers within 27 days after the election, citing misconduct. The employer then negotiates a separate collective bargaining agreement with a non-member body, the Foreman Council, consisting mainly of foremen and non-members. A plant employee files an unfair labor practice complaint alleging interference with the employees’ right to self-organization. (a) Has the employer committed unfair labor practices? Identify the controlling doctrine and apply it. (b) What makes AFWU a legitimate labor organization under the Labor Code? (c) What remedies may be available to AFWU and its members?

Choose the Best Answer

Yes. The employer committed unfair labor practices by interfering with the employees’ right to self-organization and by refusing to recognize the certified EBR, while negotiating with a non-member body; the controlling doctrine is that an employer may not impede free self-organization or recognition of the EBR, and retaliation against organizers constitutes ULP; remedies include reinstatement with back pay for the suspended organizers, immediate recognition of AFWU as EBR, and bargaining in good faith for a new CBA with AFWU. Yes. The employer committed unfair labor practices, but the controlling doctrine is the company-union doctrine (employer-dominated or created unions); the remedy would be to dissolve the Foreman Council and hold a new representation election to determine the EBR. Yes. The employer committed unfair labor practices solely by disciplining union organizers; remedies would be reinstatement of the organizers but there would be no automatic requirement to recognize AFWU as EBR. Yes. The employer’s conduct constitutes interference with the employees’ right to self-organization; the controlling doctrine is anti-union retaliation or interference with the right to organize; the remedy would include reinstatement of organizers, back pay, and an order to recognize AFWU as EBR and bargain in good faith.

Load another random question

Your Progress

No data Retention

Tracked Cards: 0
Accuracy: No data
Retained: 0

View Detailed Analytics

Difficulty Breakdown

Answer flashcards to build a real score-based difficulty breakdown.

Current Streak 0 Days

Start a streak with this card.

Suggested Decks

View All

Leech Cards

Review

No recent weak flashcards in your saved workbook.

More

Flashcards Studio

Question

Choose the Best Answer

Hello