Your boss, Ariana, tells you that she heard that 6 of the non-voting employees do not support the union and wants you to persuade the Board that it, therefore, has no authority to certify the UEU. How do you respond to Ariana? Explain the legal basis and the support for your response.

Set 1:Boom Metal, Inc. just found out that the United Employees Union (UEU) has filed a petition for an election with the local NLRB office, seeking to be certified as the exclusive representative for employees at its complex in University Park, Pennsylvania. Booms employs a total of 100 employees at that facility, including about 50 hourly production employees; 1 confidential employee; 2 supervisors; 2 professional employees who do scientific research; 4 skilled trades employees responsible for equipment set up and repair; 4 college students who work as temporary interns during the school year; 1 plant manager; 9 clerical and administrative staff (including the employees in your HR department); and 2 guards. The UEU’s petition seeks to include all of those employees in the unit.Would that unit be an appropriate bargaining unit? If so, why. If not, explain in detail why not.What standard will the Board use to make that determination?What factors would it consider?What employee grouping(s) might constitute an appropriate unit and why?Explain the legal basis for each of your responses. Be sure to provide specific identifying information for the statutes, cases (the name of the case, and a citation) and legal principles that you reference.Question Set 2:In an effort to save attorney fees, Boom and the UEU entered into an election agreement with the Board, stipulating to a bargaining unit of the 50 hourly production employees. That agreement was preceded and followed by a union organizing campaign that caused everyone in HR to get up to speed on Board law and the do and don’ts of employer conduct in that setting. Finally, yesterday the Board held the election, in which only 40 employees showed up to vote. The result was 21 yes votes for the union and 19 no votes. Your boss, Ariana, tells you that she heard that 6 of the non-voting employees do not support the union and wants you to persuade the Board that it, therefore, has no authority to certify the UEU. How do you respond to Ariana? Explain the legal basis and the support for your response. Be sure to provide specific identifying information for the statutes, cases (the name of the case, and a citation) and legal principles that you reference.Question Set 3:At the next HR meeting, one of your colleagues, Bill, claims that the employer should have immediately fired the most obvious union supporters as soon as the petition was filed and threatened other suspected supporters with job loss. That way, he says, the union would have lost the support of the instigators and the access that came with their support. As a result, the rest of the employees would have been far less interested in causing trouble, and the employer would have avoided the whole problem. Ariana turns to you and asks, why didn’t we think of that?What’s your response? Explain the legal basis for your response. Be sure to provide specific identifying information for the statutes, cases (the name of the case, and a citation) and legal principles that you reference.Question Set 4:Another colleague, Debra, chimes in. She thinks that Boom should have just entered into a card-check agreement and, if it turned out that the UEU could show majority support in the unit, Boom should have recognized the union. Debra says that would have been a good approach because then Boom could have just scheduled a few meetings with the union, gone go through the motions of negotiations, declared the futility of the process, and avoided a bargaining relationship with the UEU. Ariana looks up from her phone and asks you, could we have entered into that kind of an agreement and avoided all the expense and drama of the organizing campaign? And, is Debra right that we could then have pulled the plug on the bargaining obligation by doing what she describes?What do you say to Ariana in response to her questions? Explain the legal basis for your response. Be sure to provide specific identifying information for the statutes, cases (the name of the case, and a citation) and legal principles that you reference.ReferenceComparative labor and employment law 3rd edition