Exam 13: The Unionization Process

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In San Miguel Hospital Corp. v. N.L.R.B., the D.C. Circuit Court of Appeals upheld the NLRB definition of a bargaining unit comprised of all the hospital's onsite professional and nonprofessional employees, except for guards and physicians.

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A bargaining representative election was held in Smith Electronic Company against the will of the employer. The employer threatened to terminate those employees who cast their vote during representative election. In this situation, the employer has violated:

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Under the election bar rule, a written labor contract bars an election among the affected bargaining unit during the life of that bargaining agreement.

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