Author Question: If the bargaining unit members decide that they desire to nullify the union shop provision in their ... (Read 89 times)

HudsonKB16 · **on:** Jul 7, 2018

If the bargaining unit members decide that they desire to nullify the union shop provision in their agreement, then it must be passed by a majority of the bargaining unit members. The election held for this purpose is known as the ________ election.

a. rolling
b. deauthorization
c. runoff
d. decertification

Question 2

Construct a scenario in which a fired employee can bring the mixed motive case against an employer without directly proving any discrimination.

What will be an ideal response?

firehawk60 · **Reply #1 on:** Jul 7, 2018

Answer to Question 1

b

Answer to Question 2

Providing evidence that a black employee who had three unexcused absences was fired whereas a white employee with the same number of unexcused absences was not is enough to establish a mixed motives case. The Supreme Court has ruled that plaintiffs do not need a smoking gun or direct evidence in showing a protected characteristic to be a motivating factor but can rely on circumstantial evidence that does not have to be linked directly to the employment decision.