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PHR · Question #36

As an HR Professional, you must recognize and be aware of several pieces of legislation that affect your performance as an HR Professional. The National Labor Relations Board identified five…

The correct answer is B. To refuse individuals to organize and meet for the potential labor union creation process. The NLRA Section 8(a) enumerates five specific employer unfair labor practices; a standalone prohibition on individuals organizing and meeting does not appear as one of the five enumerated categories.

Employee and Labor Relations

Question

As an HR Professional, you must recognize and be aware of several pieces of legislation that affect your performance as an HR Professional. The National Labor Relations Board identified five categories of unfair labor practices. Which one of the following is not one of the five categories of unfair labor practices?

Options

  • ATo dominate or interfere with the formation or administration of a labor organization.
  • BTo refuse individuals to organize and meet for the potential labor union creation process.
  • CTo interfere, restrain, or coerce employees in the exercise of their rights to engage in concerted or
  • DTo discriminate against employees for engaging in concerted or union activities or refraining from

How the community answered

(43 responses)
  • A
    2% (1)
  • B
    84% (36)
  • C
    7% (3)
  • D
    7% (3)

Why each option

The NLRA Section 8(a) enumerates five specific employer unfair labor practices; a standalone prohibition on individuals organizing and meeting does not appear as one of the five enumerated categories.

ATo dominate or interfere with the formation or administration of a labor organization.

Dominating or interfering with the formation or administration of a labor organization is explicitly defined as an unfair labor practice under NLRA Section 8(a)(2).

BTo refuse individuals to organize and meet for the potential labor union creation process.Correct

The five Section 8(a) categories are: interfering with employee rights (8(a)(1)), dominating a labor organization (8(a)(2)), discriminating in employment to discourage union membership (8(a)(3)), retaliating against employees who file charges (8(a)(4)), and refusing to bargain collectively (8(a)(5)). A blanket 'refusal to allow individuals to organize and meet' is not a separately enumerated category - any such conduct would fall under the broader interference and coercion language of Section 8(a)(1) rather than standing alone as its own category.

CTo interfere, restrain, or coerce employees in the exercise of their rights to engage in concerted or

Interfering with, restraining, or coercing employees in the exercise of their Section 7 rights to engage in concerted activities is the foundational unfair labor practice listed under NLRA Section 8(a)(1).

DTo discriminate against employees for engaging in concerted or union activities or refraining from

Discriminating against employees for engaging in or refraining from union or concerted activities is a recognized unfair labor practice under NLRA Section 8(a)(3).

Concept tested: NLRA Section 8(a) employer unfair labor practices

Source: https://www.nlrb.gov/rights-we-protect/rights/employer-rights-responsibilities

Topics

#unfair labor practices#NLRB#union rights#employer obligations

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