Which type of employee must be excluded from bargaining unit - SHRM-CP Prep

Question

Which type of employee must be excluded from bargaining units as per the National Labor Relations Act (NLRA)?

Answers
  1. correct
Explanation

Correct Answer: A. Supervisors

Under the National Labor Relations Act (NLRA), supervisors must be excluded from bargaining units because their responsibilities involve directing other employees, making personnel decisions, and exercising independent judgment on behalf of management. Including supervisors in bargaining units would create conflicts of interest between labor and management. By excluding them, the NLRA ensures fair representation and prevents employers from having individuals in managerial roles influencing or undermining collective bargaining activities of regular employees.

Why Other Options are Incorrect:

  • B. Employees who work in the private sector
    The NLRA was specifically designed to protect employees in the private sector, granting them the right to form unions and engage in collective bargaining. Private-sector employees are therefore included, not excluded, from bargaining units.

  • C. Part-time employees
    Part-time employees are not excluded under the NLRA. They are eligible to join bargaining units if their work duties, interests, and working conditions align closely with full-time employees, allowing for proper representation.

  • D. Seasonal employees
    Seasonal employees can be included in bargaining units when their work patterns are regular and predictable. The NLRA does not exclude them categorically; instead, their inclusion depends on shared community of interest with other employees.

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