Flashcards Studio

ACME Packaging, Inc. employs 430 workers across three sites: Plant North (production, 240), Plant Center (administration and maintenance, 110), and Plant South (logistics and distribution, 80). A DOLE-supervised certification election last year produced the ACME Production Workers Union as the exclusive bargaining agent for Unit North. Management now proposes to merge Unit North with Plant Center's Unit into a single 'Company-wide Production and Support 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, contending 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 North 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 North and Plant Center'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?