Deck 19: Public Sector Labor Relations

Question 1

A public sector employer may be limited in its attempts to discipline or regulate its employees by constitutional provisions.

Answer 1

True

Question 2

What is the opinion given in Postal Clerks v. Blount, regarding public sector employees' right to strike?

A)Public sector employees are entitled to their constitutional right to strike.
B)Public sector employees have the right to strike subject to a time limit.
C)Public sector employees can strike with the permission of the Supreme Court.
D)Public sector employees do not have the right to strike.

Answer 2

D

Question 3

The FSLMRA contains a very strong management-rights clause, which also restricts the scope of collective bargaining.

Answer 3

True

Question 4

The Federal Service Labor-Management Relations Act was modeled after the National Labor Relations Act.

Question 5

The Federal Service Labor-Management Relations Act (FSLMRA)does not require having a grievance procedure in all the collective agreements under it.

Question 6

The rights of public sector employees to organize and bargain collectively are relatively recent legal developments.

Question 7

The Federal Service Labor-Management Relations Act (FSLMRA)created the National Labor Relations Board (NLRB)to administer the act.

Question 8

For a public sector employer, collective bargaining may involve delegating to the union the authority relating to the employer's statutory obligations.

Question 9

The Civil Service Act passed in the year 1883 is also known as the:

A)Equal Pay Act.
B)Thurmond Act.
C)Pendleton Act.
D)Hatch Act.

Question 10

The Lloyd-La Follette Act of 1912 gave _____ the right to join unions.

A)postal workers
B)paramedicals
C)paralegals
D)rail road workers

Question 11

Which of the following is not a significant difference in labor relations in private and public sector employers?

A)Limits of constitutional provisions
B)Right to strike
C)Sovereignty
D)Appointment of bargaining unit

Question 12

The Federal Service Labor-Management Relations Act (FSLMRA)granted federal employees the right to organize and:

A)issue injunctions.
B)renew employment contracts.
C)bargain collectively.
D)file labor suits.

Question 13

The Federal Labor Relations Authority (FLRA)has the authority to hold hearings and issue subpoenas.

Question 14

The Civil Service Act granted the Congress the sole authority to set wages, hours, and other terms and conditions of federal employment.

Question 15

The Federal Service Labor-Management Relations Act (FSLMRA)covers federal employees who are employed by a federal agency or who have ceased to work for the agency because of an unfair labor practice.

Question 16

The Civil Service Act of 1883, granted the sole authority to set wages, hours, and other terms and conditions of federal employment to the:

A)labor department.
B)Senate.
C)bargaining representative.
D)Congress.

Question 17

Bargaining, in the case of a public sector employer, does not influence taxes or the level of public services provided by the government employer.

Question 18

Executive Order 10988 placed the entire program of employee-management relations under the supervision and control of the Federal Labor Relations Council.

Question 19

Section 7 of the National Labor Relations Act protects the right to strike of a public sector employee.

Question 20

Informational picketing that does not interfere with agency operations is not allowed.

Question 21

Consultation rights entitle the union to be informed of any substantive change in employment conditions proposed by the:

A)Secretary of Labor.
B)senate.
C)employer.
D)Court.

Question 22

The Federal Labor Relations Authority has broad authority for fashioning remedial orders for:

A)fair representations.
B)unfair labor practices.
C)strikes.
D)whistle blowing.

Question 23

The decisions of Federal Labor Relations Authority are subject to judicial review by:

A)the federal courts of appeals.
B)federal district courts.
C)the NLRB.
D)the Employment Relations Commission.

Question 24

Nearly 30 percent of the bargaining unit members at Specialty Mills Company no longer wish to be represented by their exclusive representative union. When such a petition is filed, the representation question will be investigated by the:

A)International Labor Union.
B)National Labor Relations Board.
C)Federal Labor Relations Authority.
D)Equal Employment Opportunity Commission.

Question 25

The purpose of the restrictions on the political activities of federal employees through the Hatch Act is all of the following except:

A)avoid the appearance of political bias in government actions.
B)prevent the coercion of federal employees to engage or to support political actions.
C)avoid discriminating against political pressure groups within federal agencies.
D)avoid politicizing the federal civil service.

Question 26

When a complaint alleging unfair labor practices is filed with the Federal Labor Relations Authority, the General Counsel's Office of the FLRA investigates the complaint and attempts to reach a _____ settlement.

A)voluntary
B)temporary
C)persuasive
D)permanent

Question 27

If an impasse is not resolved under mediation of the Federal Mediation and Conciliation Service (FMCA), either parties may request that the _____ consider the dispute.

A)Federal Labor Relations Authority
B)Fair Labor Standards Board
C)National Labor Relations Board
D)Federal Service Impasse Panel

Question 28

The employees of the U.S. _____ are not subject to the Federal Service Labor-Management Relations Act (FSLMRA).

A)Transport Services
B)Judicial Service
C)Military Service
D)Postal Service

Question 29

Employees of a cement manufacturing company run by the government negotiated with the employer for a hike in their wages through the collective bargaining unit of the company. Which of the following is correct regarding the federal employees' rights regarding collective bargaining on wage issues?

A)Wage issues are subject to collective bargaining because they are determined by collective bargaining agreement.
B)Wage issues are not subject to collective bargaining because they are determined by statute.
C)Wage issues are subject to collective bargaining because they are determined by the employment contract.
D)Wage issues are not subject to collective bargaining because they are determined by union's policy.

Question 30

The Federal Labor Relations Act may also seek injunctions, restraining orders, or contempt citations in the federal courts against the:

A)federal employers.
B)independent contractors.
C)striking unions.
D)state employers.

Question 31

The management-rights clause contained in the Federal Service Labor-Management Relations Act (FSLMRA)state that decisions to assign work, contract out work, or select candidates to fill positions are:

A)subject to arbitration under the NLRA.
B)not subject to negotiation.
C)guided by fair labor practices.
D)restricted in the case of government employers.

Question 32

Which of the following is not true of the various aspects of the Federal Labor Relations Authority (FLRA)with regard to representation of bargaining units?

A)It is empowered to determine the appropriateness of a representation unit of federal employees.
B)It undermines the FSLMRA in determining the bargaining unit.
C)It ensures a clear and identifiable community of interest among the employees.
D)It can determine the appropriateness of a unit on various bases.

Question 33

The Federal Service Labor-Management Relations Act elections allows for the holding of _____ to determine the exclusive representative of a bargaining unit.

A)contract negotiation
B)representation elections
C)neutral arbitration
D)consent elections

Question 34

All collective agreements under the Federal Service Labor-Management Relations Act must contain a grievance procedure. Within how many days may either of the parties appeal to the Fair Labor Relations Authority if arbitration is invoked?

A)90
B)15
C)30
D)60

Question 35

In National Federation of Federal Employees, Local 1309 v. Dept. of the Interior, the Supreme Court held that the Federal Labor Relations Authority had the power to determine whether federal employers were required to engage in "midterm" bargaining. Midterm bargaining is:

A)used to create a new collective agreement or to renew an existing agreement.
B)the bargaining during the term of a collective agreement over subjects that were not included in the agreement.
C)a process set up by a collective agreement to deal with complaints that arise under the collective agreement.
D)an arbitration that defines the rights and obligations of each party under the agreement.

Question 36

The central authority responsible for the administration of the Federal Service Labor-Management Relations Act (FSLMRA)is the:

A)Federal Labor Relations Authority.
B)National Labor Relations Board.
C)Equal Employment Opportunity Commission.
D)Homeland Security Labor Relations Board.

Question 37

Wages for most federal employees are not subject to collective bargaining because they are determined by:

A)statutes.
B)principle of fairness.
C)precedents.
D)federal treatises.

Question 38

Under the ___________, an election will not be held if the unit has held a valid election within the preceding 12 months.

A)Federal Labor Relations Authority
B)Wagner Act
C)National Labor Relations Act
D)Fair Labor Standards Act

Question 39

In Professional Air Traffic Controllers (PATCO)Org. v. Fair Labor Relations Authority , PATCO and the Federal Aviation Authority (FAA)held a negotiation for a new agreement which was rejected by PATCO. Following the rejection, the parties resumed negotiation again, but when the negotiation failed to reach an agreement, PATCO went on strike against FAA. Is it illegal for PATCO to engage in a strike?

A)No, it is not illegal for PATCO to strike as the federal employees have constitutional right to strike.
B)Yes, it is illegal for PATCO to strike as it is a federal organization and federal employees are forbidden to strike.
C)No, it is not illegal for PATCO to strike because PATCO had been granted special permission to strike through court order.
D)Yes, PATCO being an exclusive collective bargaining representative has the right to strike.

Question 40

A union becomes the exclusive representative of an appropriate unit of employees when it has been selected by a majority of votes cast in a representation election under the:

A)National Labor Relations Act.
B)Fair Labor Standards Act.
C)Labor Management Reporting and Disclosure Act.
D)Federal Service Labor-Management Relations Act.

Question 41

Mediation is generally the first step in the:

A)grievance process.
B)impasse resolution process.
C)arbitration proceedings.
D)negotiation process.

Question 42

How does the Postal Service Reorganization Act influence an impasse?

Question 43

In City of Madison Joint School District No. 8 v. Wisconsin Employment Relations Commission , the Supreme Court reversed the Wisconsin Supreme Court's conclusion that Holmquist's terse statement during the public meeting constituted:

A)expression of his constitutional rights.
B)negotiation with the board.
C)violation of the collective agreement.
D)a violation of his role as the bargaining representative.

Question 44

In National Treasury Employees Union v. Michael Chertoff, Secretary, United States Department of Homeland Security , the Supreme Court of Wisconsin recognized that both the Federal and State Constitutions protect freedom of speech and the right to petition the government, but noted that these rights:

A)may be abridged in case it will bring about the substantive evils that the legislature has a right to prevent.
B)may not be abridged in case it will bring about the substantive evils that the legislature has a right to prevent.
C)may be abridged in its discretion even if legislature has the right to prevent.
D)may be abridged in case the Supreme Court permits; even if legislature has the right to prevent.

Question 45

What does the collective bargaining for the public sector employees involve?

Question 46

A union that has obtained _________ representation status may be present at any formal discussions between the agency and unit employees concerning grievances, personnel policies and practices, or other conditions of employment.

A)exclusive
B)inclusive
C)bargaining
D)None of these answers

Question 47

Briefly explain the Federal Service Labor-Management Relations Act.

Question 48

What does the Hatch Act prohibit?

Question 49

Briefly explain the role of the Federal Service Labor-Management Relations Act.

Question 50

What is the duty of the Merit System Protection Board (MSPB)?

Question 51

The Madison Teachers, Inc. v. Walker case deals primarily with:

A)Act 10.
B)Act 12.
C)the National Labor Relations Act.
D)the Hatch Act.

Question 52

What role does the Public Employee Relations Board (PERB)play regarding employee relations?

Question 53

What is the importance of the Federal Mediation and Conciliation Service?

Question 54

As observed in Garcetti v. Ceballos , the First Amendment limits the ability of a public employer to impose restrictions on employees in their capacities:

A)as public sector employees.
B)as private citizens.
C)as parties to a contract.
D)as members of the bargaining unit.

Question 55

In American Federation of Government Employees, AFL-CIO v. Robert M. Gates, Secretary of Defense, the issue arose out of a contentious dispute over the collective-bargaining rights of hundreds of thousands of civilian employees of the Department of Defense (DoD). What authority of the National Defense Authorization Act (NDAA)authorizes the DoD to curtail collective bargaining rights that DoD's civilian employees otherwise possess under the Civil Service Reform Act of 1978?

A)Collective authority
B)Relative authority
C)Temporary authority
D)Absolute authority

Question 56

Discuss the role of a union with exclusive bargaining status.

Question 57

In National Treasury Employees Union v. Michael Chertoff, Secretary, United States Department of Homeland Security, the District Court held that the Department exceeded its authority in attempting to conscript the _____ into the HR system.

A)Federal Labor Relations Authority
B)Employment Relations Commission
C)National Labor Relations Board
D)Public Service Commission

Question 58

What do public sector labor relations statutes define?

Question 59

What happens when a complaint alleging unfair labor practices is filed with the Federal Labor Relations Authority?

Question 60

The Federal Service Labor-Management Relations Act provides that union dues may be deducted from an employee's pay only if authorized by the:

A)company.
B)employee.
C)NLRA.
D)arbitrator.

Question 61

Name some of the unfair labor practices by agencies outlined under the Federal Service Labor-Management Relations Act?

Question 62

Discuss appropriate representation units under the Federal Labor Relations Authority (FLRA).

Question 63

Explain briefly the conditions of employment of the Federal Service Labor-Management Relations Act.

Question 64

Describe the Federal Labor Relations Authority (FLRA).