After an election is ordered by the NLRB, which of the following management efforts could constitute an unfair labor practice by the employer?

Question

Options

• AComments by front-line supervisors to individual employees that the union will be costly since its
• BSmall group meetings held immediately after the beginning of the work shift on election day in
• CDepartment meetings during working hours where the plant manager states that all promises are
• DWritten fact sheets distributed weekly comparing wages to those of another plant that voted the

• A
  3% (1)
• B
  65% (20)
• C
  13% (4)
• D
  19% (6)

Explanation

The action most likely to constitute an unfair labor practice (ULP) is holding small group meetings immediately after the beginning of the work shift on election day to influence voting (B). Under the NLRB's Peerless Plywood rule, employers (and unions) are prohibited from holding captive audience meetings within 24 hours of a representation election if the purpose is to influence employees' votes. These meetings interfere with employees' free choice and are therefore unlawful. Option A may be permissible if statements are factual and non-threatening. Option C is lawful because it communicates accurate information about collective bargaining. Option D is also permissible if the information is factual, non-coercive, and not misleading. SPHR exam content emphasizes employer free speech rights balanced against restrictions on timing, coercion, and interference during union campaigns. Violations often hinge on when and how communication occurs--not just content.

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