there was no threat or promise of benefit, and the comments were not made under coercive the power of fishing retro poster conditions because each employee had asked the manager for his opinion of the union.
the power of fishing retro poster
together with other employees, any individual employed as a guard to enforce against employees and other persons rules to protect property of the employer the power of fishing retro poster or to protect the safety of persons on the employer’s premises; but no labor organization shall be certified as the representative of employees in a bargaining unit of guards if such organization admits to membership, or is affiliated directly or indirectly with an organization which admits to membership, employees other than guards. Nothing herein shall prohibit any individual employed as a supervisor from becoming or remaining a member of a labor organization, but no employer subject to this subchapter shall be compelled to deem individuals defined herein as supervisors as employees for the purpose of any law, either national or local, relating to collective bargaining.
It is not uncommon for employers and unions to differ over the size and nature of the bargaining unit. From the employer’s perspective, large units are often preferred. This is because it facilitates cost efficiencies when a single agreement is negotiated with a standard package rather than multiple separate bargaining contracts, each with its own unique provisions. A proliferation of units involves more negotiating sessions, heightens the probability of disruption, and adds complexity of multiple working rules and personnel practices. …. … In AFLC, a manager stated to his employees, “The Union isn’t worth the paper it’s printed on…$11.00 a month isn’t worth the money invested in it….The Union has to represent you whether you are a member or not, dues are high, I hate to see you waste your money.” 6 FLRA 159, 160 . The statements were permissible since they were not made during a representational election,
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