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Question
Brightstar Manufacturing, Inc. employs 480 workers across two sites: Site Alpha (production, 320 workers) and Site Beta (admin and logistics, 160 workers). A DOLE-supervised certification election last year for Unit Alpha produced the Brightstar Workers Union as the exclusive bargaining agent for that unit. Management now proposes to merge Unit Alpha with Site Beta'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 Site Alpha 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 Alpha and Site Beta’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?