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0 tracked cards Labor and Social Legislation
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A private hospital with 360 employees files for certification with the NLRC. During the freedom period (the interval after filing but before the certification election), the employer publicly announces that employees who join the union will be excluded from receiving a forthcoming performance-based incentive; two known union organizers are reassigned to less favorable shifts; and a scheduled base-pay raise for joiners is put on hold. An employee joins the union during the freedom period. After the election, the reassignment is reversed and the base-pay raise is granted, but the incentive exclusion for joiners remains in effect. (a) Identify the controlling doctrine governing the freedom period and its scope. (b) Distinguish acts that infringe the doctrine from permissible management prerogatives. (c) Based on the facts, determine whether the employer’s acts constitute unfair labor practices and discuss the possible remedies for the employee and the union.

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Clara

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