How is the NLRB likely to rule on the bargaining unit composition?

A union argues that a new customer service area for networking software systems should be folded into an existing unit that contains employees involved in assembling computer peripherals, since they are in the same facility and have roughly similar wage structures. The company argues that these new employees are not involved in the peripherals business.

How is the NLRB likely to rule on the bargaining unit composition?
A . The NLRB will probably not include the new employees but approve the creation of a separate unit.
B . The NLRB will probably include them since they are in the same facility.
C . The NLRB will probably include them because of the similarity in wages.
D . The NLRB will probably not include the new employees in the existing bargaining unit

View Answer

Answer: D

Explanation:

The NLRB considers community of interests, geographical and physical proximity, employer’s administrative or territorial divisions, functional integration, interchange of employees, bargaining history in determining bargaining units. In this case, the new employees are not functionally integrated with the existing bargaining unit. A new bargaining unit cannot be created without an election.