Deck 13: The Unionization Process

Question 1

The newly certified bargaining agent should be given a reasonable opportunity to fulfill its mandate by successfully negotiating a(n)_____ with the company.

A)contract
B)election procedure
C)collective bargaining agreement
D)affirmative action plan

Answer 1

C

Question 2

According to the decision in O. E. Butterfield, Inc., when the eligibility of employees to vote is challenged, the NLRB holds that, in the case of both unfair labor practice strikes and economic strikes, the employer has the burden of proving that replacements hired during the strike are permanent employees in order for the replacements to be qualified to vote in a representation election.

Answer 2

True

Question 3

Unfair labor practice strikers are not eligible to vote in any election held during the strike.

Answer 3

False

Question 4

The _____ added some protection for minority factions within the bargaining units.

A)Employee Free Choice Act
B)Taft-Hartley Act
C)National Labor Relation Act
D)Clayton Act

Question 5

The Board requires that the parties in an election should refrain from formal campaigning for twenty-four hours prior to the election.

Question 6

An employer is entitled to file a petition only after one or more individuals or unions present that employer with a claim for recognition as the bargaining representative according to:

A)Section 9(c) (1) (B).
B)Section 9(c) (1) (A).
C)Section 9(c) (2) (A).
D)section 10(a) (1) (B).

Question 7

In the event of a strike, the Board does not distinguish whether the employees are on an unfair labor practice strike or an economic strike.

Question 8

Any dealings with individual unit employees must be in accordance with the collective bargaining agreement.

Question 9

Economic strikes are strikes over economic issues, such as grievances or a new contract.

Question 10

As the NLRB agent supervises the conduct of the election, no parties are entitled to have observers present during the voting.

Question 11

_____ of the NLRA requires that the union be designated or selected by a majority of the employees in order for the union to become the exclusive bargaining agent.

A)Section 8(a) (3)
B)Section 7
C)Section 2(3)
D)Section 9(a)

Question 12

The National Labor Relations Act (NLRA)requires that the method of determining the employees' choice of a bargaining representative is to hold a secret ballot election.

Question 13

Any employee, group of employees, or labor organization can file a petition seeking a representation election or a decertification election on behalf of the employees as a whole.

Question 14

The bargaining unit should encompass all employees who share a community of interests regarding working conditions.

Question 15

Section 9(C) (3)of the National Labor Relations Act provides that when a valid election has been held in a bargaining unit, no new election can be held for a twelve-month period for that unit or any subdivision of the unit.

Question 16

Under the NLRA, no petitions seeking a new representation or decertification election can be filed for bargaining unit of employees during the _____ period following the elections.

A)three- month
B)six-month
C)nine-month
D)twelve-month

Question 17

Employers are permitted to file a decertification petition.

Question 18

Under the election bar rule, a written labor contract bars an election among the affected bargaining unit during the life of that bargaining agreement.

Question 19

The decision of the regional director to dismiss the petition, if the Board agent finds some impediment to an election, is non-appealable.

Question 20

In San Miguel Hospital Corp. v. N.L.R.B., the D.C. Circuit Court of Appeals upheld the NLRB definition of a bargaining unit comprised of all the hospital's onsite professional and nonprofessional employees, except for guards and physicians.

Question 21

Any mass union rallies or employer captive-audience speeches during the silent period will be grounds to set aside the election results, according to:

A)Packard Motor Car v. NLRB.
B)Oakwood Care Center.
C)American Hospital Association v. NLRB.
D)Bro-Tech Corp. v. NLRB.

Question 22

If an employer engages in unfair labor practices after receiving the union's request for recognition, the union is free to seek a Gissel -type bargaining order from the:

A)National Labor Relations Board.
B)American Federation of Labor.
C)International Labor Organization.
D)Occupational Safety and Health Administration.

Question 23

Section 9(e) (1)of the National Labor Relations Act provides for the holding of a deauthorization election to rescind the union shop clause in a(n)_____ agreement.

A)employment
B)collective
C)non-disclosure
D)arbitration

Question 24

In _____ , the court held that the NLRB will intervene if either party uses a forged document that renders the voting employees unable to recognize the propaganda for what it is.

A)NLRB v. St. Francis Healthcare Center
B)Bro-Tech Corp. v. NLRB
C)Packard Motor Car v. NLRB
D)American Hospital Association v. NLRB

Question 25

_____ defines employee to include "any individual whose work has ceased as a consequence of … any current labor dispute … and who has not obtained any other regular and substantially equivalent employment".

A)Section 2(3)of the National Labor Relations Act
B)Section 704(k)of the Civil Rights Act
C)Section 9(c) (3)of National Labor Relations Act
D)Section 10 of the Occupational Safety and Health Act

Question 26

In National Steel Supply, Inc. and International Brotherhood of Trade Unions, Local 713, the NLRB ordered the employer to cease and desist from engaging in:

A)whipshaw strikes.
B)criminal conspiracy.
C)unfair labor practices.
D)monopoly practices.

Question 27

The conditions under which a representative election is held where the NLRB tries to ensure that neither the employer nor the union unduly affects the employees' free choice, is called:

A)laboratory conditions.
B)ex parte agreements .
C)bilateral conditions.
D)employee free choice conditions.

Question 28

Section 9(b)of the NLRA provides that the definition of an appropriate bargaining unit is a matter left to the:

A)company management.
B)labor union organizations.
C)NLR board's discretion.
D)federal government.

Question 29

If either party believes the election laboratory conditions were violated, than he may file objections to the other party's conduct with the regional director within _____ days of the election.

A)fifteen
B)ten
C)five
D)thirty

Question 30

The Seventh Circuit enforced a bargaining order despite a delay of four years and turnover of most the bargaining unit employees in:

A)America's Best Quality Coatings v. NLRB.
B)DTR Industries v. NLRB.
C)Kinney Drugs, Inc. v. NLRB.
D)Charlotte Amphitheater Corp. v. NLRB.

Question 31

When a valid election has been held in a bargaining unit, no new election can be held for a twelve-month period for that unit or any subdivision of the unit. This provision is provided under:

A)the National Labor Relations Act (NLRA).
B)the Payment of Wages Act.
C)Title VII of the Civil Rights Act.
D)the Human Rights Act.

Question 32

Economic strikers who have been permanently replaced may vote only in elections held within _____ after the strike begins.

A)six months
B)nine months
C)twelve months
D)eighteen months

Question 33

In Conair Corp. v. NLRB, the U.S. Court of Appeals for the D.C. Circuit held that it was inappropriate for the Board to issue a bargaining order where the union never established evidence of:

A)an employment agreement.
B)an arbitration agreement.
C)majority support.
D)minority approval.

Question 34

In American Hospital Association v. NLRB, the U.S. Supreme Court upheld the NLRB's health care industry bargaining unit rules and the power of the NLRB in order to establish:

A)prima facie case through disparate impact treatment.
B)bargaining units through its rule-making authority.
C)trade union through its discretionary power.
D)hiring hall through its mandatory power.

Question 35

In United Dairy Farmers Co-op. Assoc. v. NLRB, the U.S. Court of Appeals for the Third Circuit held that the Board had the power to issue a:

A)termination order.
B)bargaining order.
C)mareva injunction.
D)summary judgment.

Question 36

Under the exceptions to the contract bar rule, the Board provides a window, or "open season," during which a rival union can offer its challenge by filing a(n):

A)petition for injunction.
B)petition for summary dismissal.
C)criminal complaint.
D)election petition.

Question 37

In the case of Buckhorn, Inc. and International Union of Industrial and Independent Workers, the NLRB contended that the unit, limited solely to maintenance employees is not an appropriate unit for the purposes of:

A)fair trade practices.
B)union activities.
C)collective bargaining.
D)arbitration proceedings.

Question 38

The 1974 amendments to the NLRA extended NLRB jurisdiction over:

A)bricklayers.
B)service industries.
C)nonprofit healthcare institutions.
D)All of the above.

Question 39

The court held in which two cases that any mass union rallies or employer captive-audience speeches during the silent period will be grounds to set aside the election result?

A)Comet Electric and NLRB v. St. Francis Healthcare Center.
B)Comet Electric and Bro-Tech Corp. v. NLRB.
C)Comet Electric and San Miguel Hospital Corp. v. N.L.R.B.
D)None of these answers.

Question 40

The Board holds that unfair labor practice strikers:

A)cannot constitute a bargaining unit.
B)cannot be permanently replaced by the employer.
C)are not eligible to vote in any election held during the strike.
D)may also be considered as economic strikers.

Question 41

Which rule bars holding an election in the bargaining unit?

Question 42

The labor union at the National Textile Industry decided to go for a strike in order to press for increased wages and other benefits in industry. This strike would be called a(n):

A)unfair labor practice strike.
B)whipsaw strike.
C)economic strike.
D)surveillance strike.

Question 43

What is a bargaining unit?

Question 44

Explain the rationale behind the rules that bar holding of bargaining representative election.

Question 45

An election was conducted at General Affairs Company to elect a union bargaining representative. The election was conducted in a fair manner, but the opposite union called for a re-election. Under  Section 9(c) (3)of National Labor Relations Act, no new election can be held for a _____ period for that unit.

A)twenty-four month
B)twelve-month
C)thirty-six month
D)six-month

Question 46

The employee union at the National Steel Supply Company requested their employer to pay the minimum wages and improve the working conditions in the company. The request of the union was refused by the employer. The employer threatened to permanently replace the union members if they go on strike. Subsequently, the union decided to go on strike. This is an example of a(n):

A)unfair labor practice strike.
B)economic strike.
C)whipsaw strike.
D)surveillance strike.

Question 47

When should an employer file the election eligibility list in the regional office?

Question 48

A bargaining representative election was held in Truitt Manufacturing Company, in which Stefan was elected as a bargaining representative for the bargaining unit. Chuck, one of the union members in the company, filed a petition under Section 9 (e) (1)of NLRA, stating that the election conducted was a deauthorization election. The NLRB rejected his petition because he failed to establish requisite support of _____ of the bargaining unit.

A)20 percent
B)40 percent
C)30 percent
D)50 percent

Question 49

What is the consequence of filing a decertification petition by an employer?

Question 50

Stuart and Melvin were employees of ANZ Construction Company.  They both sustained serious injuries while working and took a week off. The company awarded Stuart $500 as compensation, but nothing was awarded to Melvin. In this case, Melvin has the right to present his grievances to his employer without intervention of bargaining representative under the:

A)Taft-Hartley Act.
B)National Labor Relation Act.
C)Occupational Safety and Health Act.
D)Fair Labor Standards Act.

Question 51

Under the contract bar rule, a written labor contract-signed and binding on the parties and dealing with substantial terms and conditions of employment-bars an election among the affected bargaining unit:

A)until the new bargaining unit is decided.
B)during the life of that bargaining agreement.
C)for the next twelve months from the date of the previous election.
D)for the next twelve months from the date of signing the contract.

Question 52

While determining the bargaining agent, on what grounds the can the Board decision be appealed in Washington?

Question 53

What happens if the union loses the election due to employer's illegal actions?

Question 54

Explain the second exception under contract bar rule.

Question 55

A bargaining representative election was held in Smith Electronic Company against the will of the employer. The employer threatened to terminate those employees who cast their vote during representative election. In this situation, the employer has violated:

A)administrative regulations.
B)the contract bar rule.
C)the silent period.
D)the forty-eight-hour rule.

Question 56

Explain the two exceptions of contract bar rule.

Question 57

Mr. Todd was elected as a bargaining representative of the labor union at Hudson Manufacturing Company. Later, it was found that Mr. Todd did not have majority support to remain as a bargaining representative. So, a group of employees decided to file a(n)_____ under the provisions of Section 9(c) (1)of National Labor Relations Act.

A)decertification petition
B)suo moto action
C)appeal
D)quo warranto

Question 58

Elemental Chemical Manufacturing Company located in New York decided to conduct an election to elect bargaining representative. The NLRB established an eligibility date for the employees at the firm. Jacob Wiles was hired by the Elemental Chemicals after the eligibility date was prepared. In this case, Jacob:

A)can vote during the conduct of election.
B)can be restrained from entering the company.
C)may be withheld from entering the rolls until further notice.
D)cannot vote during the conduct of election.

Question 59

The employees of Freddy Auto Sales decided to select Peter as their bargaining representative for the purposes of collective bargaining by the majority of the employees.  The major issues of negotiation include rates of pay, wages, hours of employment, or other conditions of employment. In this scenario, Peter is covered under the:

A)Workmen's Compensation Act.
B)National Labor Relations Act.
C)Equal Employment Opportunity Act.
D)Civil Rights Act.

Question 60

Define voluntary recognition.

Question 61

What is the relevance of filing an objection after an election has been conducted?

Question 62

What is the significance of Section 9(e) (1)of the NLRA pertaining to election?

Question 63

What are the five provisions of Section 9(b)of NLRA?