Under current labor law, laboratory conditions must be maintained during a certification election.That means that employees must not be subjected to undue influence when expressing their desire to seek representation. Read the case below and answer the discussion question.

This is a two-part question. You should write at least one paragraph for each part.

Part 1: Should the election be ruled invalid? If so, what is the appropriate remedy?

Part 2: Does Monarch Rubber have any responsibility for the ad? Does it matter?

BACKGROUND The International Hod Carriers' Building and Common Laborers' Union of America was conducting an organizing drive of production employees at the Monarch Rubber Company. An election to determine the preference of a majority of the workers for collective representation was scheduled for Friday, July 19. On Thursday, July 18 , the local newspaper, the Times Record, ran the following full-page advertisement: The Times Record Thursday July 18 A10 Proudly serving Roane County since 1932 Dear Monarch Rubber Employee, On the eve of the union election, one should fully consider the advantages and disadvantages of having a Union. The advantages and benefits to be obtained without a Union are clear: full employment, improved working conditions, increased earnings, and a larger future plant, to name but a few. The disadvantages of voting for a Union are: intermittent unemployment, AND, by union domination- a complete LOSS OF YOUR JOB! WE URGE ALL MONARCH RUBBER EMPLOYEES TO VOTE TO KEEP THEIR JOBS! VOTE AGAINST THE UNION. Sponsored by: A Group of Business People The results of the election held on Friday, July 19 , were as follows: International Hod Carriers' Building and Common Laborers' Union of America ........... 54 votes No union .... .58 votes There were 121 eligible voters. Seven ballots were challenged by the union. On July 24 , the union filed timely objections with the National Labor Relations Board. Upon investigation, it was found that on July 10, Samuel Quail, publisher of the Times Record, met with Kristin Day, vice president of Monarch Rubber. Quail showed Day the text of the newspaper ad. Day pointed out various items in the ad that did not pertain to the situation at Monarch Rubber. Furthermore, Quail informed Day of his intention to approach the Chamber of Commerce about sponsoring the ad. Day did not respond to this remark. On July 15, Quail met with the treasurer of the Roane County Chamber of Commerce. Despite Quail's exhortation, the organization would not sponsor or pay for the newspaper advertisement. Consequently, Quail inserted the advertisement in Thursday's (July 18) edition of the Times Record free of charge and without a sponsor. Upon seeing the advertisement in the paper, Day contacted Quail and disavowed any and all responsibility for the ad. QUESTIONS 1. Should the election be ruled invalid? If so, what is the appropriate remedy? 2. Does Monarch Rubber have any responsibility for the ad? Does it matter