MTEL Business Practice Exam

Category - Business Operations

In which of the following cases does the company's action violate federal labor law?
  1. An employee is disciplined for advocating the formation of a union in the company cafeteria during the employee's lunch hour.
  2. Employees are not allowed to come to work after collective bargaining breaks down and the union threatens a strike.
  3. Non-employee union organizers are barred from company property after distributing pro- union leaflets in the company parking lot.
  4. Permanent replacement workers are hired after collective bargaining breaks down and union members go on strike.
Explanation
Correct Response: A. According to The National Labor Relations Act, employers are forbidden from interfering with employees in the exercise of rights relating to organizing for collective bargaining purposes. Therefore, a company that disciplines an employee for advocating for the formation of a union on company grounds during the employee's lunch hour would be violating federal law. Employers have the right to bar employees from coming to work during a labor dispute, but the company may only hire temporary workers to take their place (B). Barring nonemployee union organizers who distribute pro-union leaflets in the company parking lot (C) is legal and not a violation of federal labor law. The company has the legal right to hire permanent replacement workers (D) after collective bargaining breaks down and union members go on strike.
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