Deck 9: Resolving Negotiation Interestdisputes and the Use of Economic Pressure

Question 1

An unfair labor practice strike is a strike in reaction to an employer's refusal to bargain in good faith with the union.

Answer 1

True

Question 2

Some researchers have attributed the decline in the frequency of union strikes to their declining effectiveness as a means of placing economic pressure on an employer.

Answer 2

True

Question 3

A locked-out employee's voluntary acceptance of the employer's proposed terms and condition of employment in order to return to work is called an unconditional request for reinstatement.

Answer 3

True

Question 4

Work stoppage involves an economic dispute or is caused by the commission of an employer's unfair labor practice

Question 5

Work stoppages in the United States since 1982 have been at or near historic higher levels in terms of numbers of strikes,employees involved,and days idled.

Question 6

Management may not call a strike,but it may invoke certain practices that will cause a strike,because a strike sometimes works to its advantage,such as when inventories are high and customer demand is low.

Question 7

An employee may resign from the union during a strike,cross picket lines,and be protected under the Taft-Hartley Act,but the union may impose a one-time fine for crossing the union's picket line.

Question 8

The right to strike is one of the rights guaranteed under the Labor Management Relations Act.

Question 9

The "reserve gate" doctrine involves the establishment of an exclusive gate for entry and exit of all employees on strike.

Question 10

Conventional interest arbitration has been criticized because arbitrators have been accused of "splitting the difference."

Question 11

Interest arbitration,unlike mediation and fact finding,results in a final and binding decision.

Question 12

In most cases,a wildcat strike occurs in violation of an existing no-strike clause in a labor agreement.

Question 13

A mediator who holds separate meetings with management and union officials risks having his neutrality suspected by either side.

Question 14

A mediator functions more as an invited guest who can be required to leave if one or both bargaining parties no longer desire the mediator's continued involvement in the bargaining process.

Question 15

Picket signs must clearly identify the primary employer as the target of the picket activity and only urge a boycott of the primary employer's products or services,not a total boycott of all products or services sold by the neutral,secondary employer.

Question 16

If not permanently replaced,an economic striker has a right to be reinstated to his or her job at any time during a strike after making an unconditional request for reinstatement to the employer.

Question 17

The use of strike replacements (particularly permanent replacements)during an economic strike reduces the tensions between the parties and often shortens the length of a strike.

Question 18

Med-arb and final-offer total package arbitration are similar in that the arbitrator does not make up his own contract but picks one of those that has been negotiated.

Question 19

Mediation is the most commonly used third-party interest dispute resolution procedure

Question 20

Fact-finding is a semi-judicial process in which all parties provide information to a neutral that allows the parties to reach a speedy resolution.

Question 21

An economic recession is one factor which discourages employees from risking possible job loss through the exercise of their right to strike.

Question 22

During a strike,who has the most effect upon a striker's behavior and attitudes?

A) Manager
B) Spouse
C) Union leader
D) Employee's subordinates.
E) Employee's co-workers.

Question 23

At the end of the 80-day injunction under the National Emergency Procedures of the LMRA,the president is authorized to:

A) Direct the Attorney General to have all violators arrested.
B) Direct the seizure of the industry.
C) Report to Congress.
D) Declare the strike or lockout illegal.
E) Negotiate for 30 days.

Question 24

Which of the following is NOTa reason why an employer would refrain from hiring replacement workers during a strike?

A) Insufficient time to train new employees.
B) The potential cost of court suits.
C) Disallowed by union regulations.
D) Tension and possibly violence at the picket line between strikers and replacements.
E) Guaranteed back pay for strikers.

Question 25

A wildcat strike is a work stoppage by employees who have no dispute with their own employer but are striking to support another bargaining unit of their employer.

Question 26

In relation to a mediator,an arbitrator has:

A) More power and more responsibility.
B) Less power,but more flexibility.
C) More power and greater innovation.
D) Less power and more appeal.
E) Less power and less flexibility.

Question 27

One advantage of conventional interest arbitration is that:

A) It may cause a "narcotic effect," making the two parties more likely to turn to arbitration to settle other disputes in the future.
B) It reduces the cost of not reaching agreement,thereby causing a "chilling effect" on the parties' incentive to reach an agreement.
C) It affords the arbitrator the least degree of flexibility to determine an appropriate settlement outcome,opening the door to arbitration.
D) It affords the arbitrator the greatest degree of flexibility to determine an appropriate settlement outcome.
E) Anticipating arbitration may change psychology of how bargaining teams bargain.

Question 28

A semijudicial process used primarily in the public sector to gather facts about a labor dispute for the purpose of publishing a public report containing the fact-finder's conclusions is called:

A) Information review.
B) Interest arbitration.
C) Code of Conduct.
D) Taft-Hartley Act.
E) Fact-finding.
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Question 29

A strike is not entered into lightly by an employee.Which of the following items is least likely to be considered?

A) What will other people think of me?
B) Is the objective worth the cost?
C) What is my expense of participation?
D) What are the legal ramifications?
E) Will I keep my job?

Question 30

Strikes or lockouts that have an adverse effect on the national interest may be declared national emergency disputes.

Question 31

Each of the following is listed as a major factor that could cause a strike,except one.Which one is not a major factor?

A) Employees feeling that wages should be higher
B) Rank and file disagreement with union leadership
C) Misperception between bargaining parties
D) A unilateral change by management
E) Reduction in benefits.

Question 32

The type of strike which occurs in violation of an existing no-strike clause in a labor agreement and often without the approval of union officials is called:

A) General strike.
B) National strike.
C) Sit-down strike.
D) Picketing.
E) Wildcat strike.

Question 33

The form of interest arbitration that restricts an arbitrator's authority to settle an interest dispute by requiring the selection of either the employer's or union's final proposal on all issues in dispute is called:

A) Split-the difference ruling.
B) Issue-by-issue arbitration.
C) Fact-finding arbitration.
D) Final-offer total package (FOTP).
E) Mediation-Arbitration (Med-Arb).

Question 34

Mediators must work by a predetermined set of rules in order to successfully resolve differences.

Question 35

Which of the following is NOT an impasse resolution procedure?

A) Interest arbitration
B) Mediation
C) Fact-finding
D) Interest disputation
E) Conventional interest arbitration.

Question 36

The procedure where both parties and a neutral party such a fact-finding panel suggest settlements is called:

A) Tri-offer arbitration.
B) Fact finding arbitration.
C) Interest (contract arbitration)
D) Med-Arb arbitration.
E) Grievance mediation

Question 37

The employer in a labor dispute with whom the striking employees (union)have a dispute and has the ability to end the dispute is called the:

A) Primary employer
B) Management bargaining team
C) Secondary Employer.
D) Main employer.
E) National employer.

Question 38

The main difference between mediation and arbitration is that in mediation:

A) Mediators appointed by government agencies.
B) Third-party neutrals are utilized.
C) There is no final and binding decision.
D) The meetings where the parties present their issues to the neutral party are different.
E) Arbitrators are appointed by the President.

Question 39

All but one of the following ways are used by mediators to apply pressure in a bargaining session.Which one is not applied?

A) Using delays and deadlines
B) Siding with one party over the other.
C) Engaging in marathon bargaining sessions
D) Placing responsibility on the parties involved.
E) No need by mediators to apply pressure in a bargaining session.

Question 40

Under no circumstances is an employer allowed to operate during a strike.

Question 41

The statement of position which permits entrances to the work site to be clearly marked for the exclusive use of either a primary employer or neutral,secondary employer and their employees,customers,and suppliers is called the:

A) ​Reserve gate doctrine.
B) ​General Electric doctrine.
C) ​Merged product doctrine.
D) ​Laidlaw-Fleetwood doctrine.
E) ​Moore Dry Dock doctrine.

Question 42

The statement of position which involves the exception to a union's right to engage in product picketing when the primary employer product being struck is very intertwined with a neutral,secondary employer is called the:

A) ​Reserve gate doctrine.
B) ​General Electric doctrine.
C) ​Merged product doctrine.
D) ​Laidlaw-Fleetwood doctrine.
E) ​Moore Dry Dock doctrine.

Question 43

The statement of position which establishes the conditions under which a primary employer could lawfully establish a gate on the primary employer's property reserved for the exclusive use of a neutral,secondary employer hired to perform work for the primary employer is called the:

A) ​Reserve gate doctrine.
B) ​General Electric doctrine.
C) ​Merged product doctrine.
D) ​Laidlaw-Fleetwood doctrine.
E) ​Moore Dry Dock doctrine.

Question 44

The most common form of a partial strike,where employees "work to rule" follow every detail of prescribed work processes,which often steps back the normal pace of workflow is the:

A) Strategic strike.
B) Smart strike.
C) Product strike.
D) Realism strike.
E) Work slowdown.

Question 45

The type of arbitration which involves the selection of a neutral person or panel to hear the bargaining positions of the parties and make a final and binding decision on the inclusions of a negotiated agreement is called:

A) Face-saving arbitration
B) Interest arbitration.
C) Win-win arbitration.
D) Mediation.
E) Conciliation service arbitration.

Question 46

The statement of position which establishes some guidelines for lawful picketing at a common site of a labor dispute is the: Reserve gate doctrine.

A) ​Reserve gate doctrine.
B) ​General Electric doctrine.
C) ​Merged product doctrine.
D) ​Laidlaw-Fleetwood doctrine.
E) ​Moore Dry Dock doctrine.

Question 47

The form of interest arbitration that restricts an arbitrator's authority to settle an interest dispute by requiring the selection of either the employer's or union's final proposal on all issues in dispute.

A) Grievance arbitration
B) Fact-finding arbitration
C) Final-offer total package (FOTP).
D) Med-Arb arbitration.
E) Final-offer total package arbitration

Question 48

A work stoppage by employees who have no dispute with their own employer but are striking to support another bargaining unit of their employer or a union representing employees of another employer is called a:

A) Grievance strike.
B) Wildcat strike.
C) Partial strike.
D) Sympathy strike.
E) Protest strike.

Question 49

The statement of position which states that the employer must fill any permanent vacancy occurring in a bargaining unit position thereafter by first offering the job vacancy to a qualified individual on the preferential recall list before offering the job to an a job applicant not on the preferential recall list is called the:

A) ​Reserve gate doctrine.
B) ​General Electric doctrine.
C) ​Merged product doctrine.
D) ​Laidlaw-Fleetwood doctrine.
E) ​Moore Dry Dock doctrine.

Question 50

Factors that might affect what constitutes a ''reasonable time period'' for recall to work by economic strikers do not include:

A) Future probability that new job openings may occur over some extended time period.
B) Historical data on normal employee attrition rates.
C) The percentage of total employees eligible for recall who were actually recalled during the negotiated time limit.
D) Geographical location of plant.
E) Voluntary turnover.