Hyper-Tech Enterprises manufactures mechanical parts used in air conditioning and heating units. The company employs over 300 wo
rkers at its Alabama facility. None of the Hyper-Tech employees belong to a union; however, management believes that unionization is in the near future. A representative of a local union has recently visited Hyper-Tech in an attempt to solicit members and have them sign authorization cards. Enough eligible employees have signed authorization cards to petition the NLRB for an election. Hyper-Tech's top executives are considering fighting the unionization efforts. Which of the following, if true, suggests Hyper-Tech has engaged in an unfair labor practice? a. Hyper-Tech managers prohibited union representatives from soliciting employees who were on duty.
b. Hyper-Tech managers intervened when pro-union employees solicited other employees while both were on duty.
c. Hyper-Tech managers barred nonemployee union representatives from entering the firm's building.
d. Hyper-Tech managers prohibited distribution of union literature in the company cafeteria.
The one action listed in the question that would suggest unfair labor practices would be if Hyper-Tech managers prohibited the distribution of union literature in the company cafeteria. This is because a company can prevent employees from partaking in other tasks and getting distracted while on duty. When an employee is on duty they are getting paid to focus and complete their responsibilities. An employer also has the right to prevent non-employee individuals from entering private property such as their facility. What a company cannot do is prevent their employees from deciding what the literature that they want to read or the decisions that they want to make outside of work hours. Therefore, preventing the employees from accepting literature while on their break time would be considered unfair labor practice.
