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Jenny Allen, a General Motors employee, was observed by a GM security guard at a bowling alley near the plant during working hours. Allen's supervisor and the plant labor relations manager then questioned Allen on three separate occasions.
During the first two interrogations, Allen, a union committee-person, never requested that a union representative accompany her, and she denied being at the bowling alley. When questioned a third time on the plant floor, Allen requested union representation. The supervisor ignored Allen's request. Allen continued to answer questions and finally admitted that she had been at the bowling alley during working hours. Allen was discharged the next day.
Allen and her union claimed that General Motors engaged in a Section 8(a)(1) unfair labor practice when it denied Allen's request for union representation. General Motors cited Allen's failure to request aunion representative at two previous interrogations and her willingness to answer questions without union representation as evidence against this charge. Has a Section 8(a)(1) unfair labor practice occurred? Decide.
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