Fact Pattern $16-1$

Spotted Frog Winery California, produces $75,000$ cases of wine a year. It employs $52$ full$-$time workers and,

during harvest, another $25$ people as pickers. During the $2011$ harvest, some employees were unhappy about

working conditions and discussed unionizing. They contacted the Winery Workers of America $($WWA$)$ for

help. Spotted Frog management was upset. If it had to pay workers more $($as the union promised$),$ the winery

would lose its slim profits. Believing he was acting correctly, the president distributed a memo stating that

any employee caught discussing unionization would be fired.

Pierre, the wine master at Spotted Frog, was furious about the memo and became an advocate for the union

cause. Management would not fire Pierre because he gave their wine its unique taste. But they did fire ten

employees who spoke with Pierre.

WWA collected authorization cards from employees, requested a representation election, and won a close

election. The union, with Pierre as its agent, began negotiating a collective bargaining agreement.

Negotiations went badly as the management rejected every proposal. WWA called a strike against Spotted

Frog. After two weeks, management caved in and signed a contract, so its employees returned to work. As

Pierre entered the winery, he did not see some grape skins on the floor. He slipped and was injured.

Refer to Fact Pattern $16-1.$ At least what fraction of the Spotted Frog employees must vote in favor of WWA

being their collective bargaining representative for the union to be certified by the NLRB$?$

$30\%$

$50\%$

$60\%$

$66\%$

$75\%$