Jenny allen a general motors employeewas observed by a gm


ch 5 Q 4 p. 192

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Book - LABOR & EMPLOYMENT LAW : Text and Cases [FIFTEENTH EDITION] By David P. Twomey

Chapter 5 : EMPLOYER UNFAIR LABOR PRACTICES

4. Jenny Allen, a General Motors employee,was observed by a GM security guard at a bowling alley near the plant during working hours. Allen’s supervisor and the plant labor relations manager then questioned Allen on three separate occasions. During the first  two interrogations, Allen, a union committee-person, never requested that a union representative accompany her, and she denied being at the bowling alley.

When questioned a third time on the plant floor, Allen requested union representation. The supervisor ignored Allen’s request. Allen continued to answer questions and finally admitted that she had been at the bowling alley during working hours. Allen was dis charged the next day.

Allen and her union claimed that Gen eral Motors engaged in a Section 8(a)(1) unfair labor practice when it denied Allen’s request for union representation. General Motors cited Allen’s failure to request a union representative at two previous inter rogations and her willingness to answer questions without union representation as evidence against this charge.

Has a Section 8(a)(1) unfair labor practice occurred? Decide. [General Motors Corp. v. NLRB, 109 LRRM 3345 (6th Cir.)]

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