Can a standard issued by the Secretary of Labor displace the ...

[gbarreiro]

Can a standard issued by the Secretary of Labor displace the statutory general duty standard?

Question 2

During a union organizing drive, management urges workers not to join the union, and discusses a competing company which lost business after a union was formed. Management
 a. Committed a ULP by urging workers to reject the union, but did not do so by discussing a competing company.
  b. Committed a ULP by discussing a competing company, but did not do so by urging workers to reject the union.
  c. Committed a ULP both by urging workers to reject the union and by discussing a competitor.
  d. Committed no ULP.
  e. Has violated other sections of the NLRA.

[Brummell1998]

Answer to Question 1

No. A standard issued by the Secretary of Labor cannot displace the general duty clause set forth in Section 5(a)(1) of the OSHA.

Answer to Question 2

.D

[gbarreiro]

Gracias!

[softEldritch]

TYSM