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.
Sample Solution