Some of the employees of Relay Computers, Inc., decide that they want to be represented by the Science Workers Union in bargaining with Relay over overtime pay and the times that the plant opens and closes. Relay, and some employees, including Tracy, are against the union. Who can demand that a union election be held? If the union is elected, does it have to represent Tracy? If the union is elected, does Relay have to bargain over overtime pay and the times that the plant opens and closes?
What will be an ideal response?
A union election will be held if 30 percent of the employees support it, as shown by their signatures on authorization cards or other evidence of at least that amount of support. If a fair election is held, and the union does not receive a majority of support among the employees, it will not be certified as their bargaining representative. If the union is elected by a majority of the employees and certified by the NLRB, it must represent all of the employees, including those who did not vote for it. A union likewise has a duty to bargain fairly for those employees who are within the appropriate bargaining unit but choose not to join the union. Generally, employers bargain with unions over the terms and conditions of employment. These include overtime pay and the times that the workplace opens and closes.
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