SPHR Human Resources

Category - Relations

When does double breasting occur?
  1. An employer has two companies that are substantially identical.
  2. A neutral employer performs work that is normally done by striking employees.
  3. An employer has two businesses, one union and one nonunion, that do substantially the same work but have different management, equipment and customers.
  4. Two businesses perform operations that are part of the same product.
Explanation
Answer - C - Double breasting occurs when an employer has two companies that are separate and distinct from each other but do the same type of work, and one company is union while the other is nonunion.

Key Takeaway: Double breasting occurs most often in the construction industry when contractors have two different crews for bidding on union and nonunion jobs. Option A describes an alter ego employer who has two companies that substantially identical. The ally doctrine describes work that is done by a neutral employer while another business is shut down by a strike. A straight-line operation is one in which two businesses perform operations that complement each other’s operations. If one business is struck, the other may be as well because they are engaged in a single economic enterprise.
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