Deck 13: Unions and Collective Bargaining

Question 1

Union security provisions:

A)are unlawful under the NLRA because they require employers to discriminate against employees who do not support their unions
B)are unlawful in states that have "right to work" laws
C)require that employers recognize and negotiate with the unions chosen by their employees
D)require that employees financially support all union activities, regardless of any objections the employees might have to doing so

Answer 1

B

Question 2

One employer said that if employees chose to strike, their negotiations "would start at zero." This was a ULP.

Answer 2

True

Question 3

Which of the following would NOT be considered a concerted activity?

A)members of a union that meet to discuss problems with working conditions at their workplace
B)employees who are not members of a union that meet to discuss problems with working conditions at their workplace
C)a single employee that writes to a supervisor complaining about the refusal to grant her vacation time for the exact period of time she requested
D)a single employee that writes to a supervisor complaining about the frequently malfunctioning air conditioning and extreme indoor heat at an assembly plant

Answer 3

C

Question 4

Which of the following is a criterion used by the NLRB to determine that an appropriate bargaining unit exists?

A)the percentage of employees who have signed authorization cards
B)whether employees are paid at the same rate and/or under a reasonable and logical pay scale
C)whether professional employees would be mixed with non-professional employees against their will
D)the percentage of employees in the unit as compared with the whole number of employees

Question 5

Non-employee organizers:

A)have no rights under the NLRA and can be barred from entering workplaces
B)must be allowed to speak with employees during non-work times and in non-work areas
C)must be allowed into workplaces if the majority of employees desire their presence
D)can be barred from workplaces if a valid non-solicitation policy is in place and other reasonable means of communication exist

Question 6

Which of the following is the agency responsible for administering and enforcing the National Labor Relations Act?

A)Federal Mediation and Conciliation Service (FMCS)
B)Federal Labor Relations Authority (FLRA)
C)National Labor Relations Board (NLRB)
D)National Mediation Board (NMB)

Question 7

What is the correct ruling in the following case? An employer announced that it was going to close a union facility, and entered into negotiations with the union. Six drivers learned of an upcoming meeting, met over coffee to formulate their questions, and went to the site of the meeting. A union official told them to return to work, but the drivers insisted, and eventually were able to introduce themselves to the management representatives. They returned to work after having been gone for 3 hours, but were fired for being absent without authorization. Was this termination legal under the NLRA? What should the NLRB decide?:

A)for the employer, since the employees essentially walked off the job during working hours without authorization, which is not a protected concerted activity
B)for the employer, since its representatives had met with the employees, so they had complied with their obligations
C)for the drivers, since they had a right under the NLRA to engage in protected concerted activity
D)for the drivers, because although they were able to introduce themselves to the management representatives, no actual discussion or negotiation took place

Question 8

Which of the following is an unfair labor practice (ULP)under the National Labor Relations Act? ​

A)discriminating against an employee based on her race
B)violating the terms of a labor agreement
C)retaliating against an employee who has filed charges with the NLRB
D)after an agreement has expired and while the new one is being negotiated, locking out employees willing to continue working

Question 9

To be part of the same bargaining unit, employees must have sufficient community of interests and similar skill sets.

Question 10

Which of the following employee rights is NOT protected by the NLRA?

A)to engage in self-promotion
B)to go on strike
C)to engage in other concerted activities
D)to refrain from such activities

Question 11

In DirecTV v. NLRB , 26 service technicians were fired after appearing on a television news show to complain about their employer's instructions about how to persuade customers to install phone connections for their satellite television service, and the charge-backs to employees' pay if they did not procure such connections. Phone connections were not necessary for the service to work, but the company earned more money if phone connections were installed. Regarding the terminations, the court ruled:

A)for the employer, since it is not a protected concerted activity for an employee to make disparaging remarks to 3rd parties, since it shows disloyalty
B)for the employer, because its business policies were within its discretion
C)for the employees, because they did not speak disparagingly about their employer
D)for the employees, because they although they spoke disparagingly about their employer, it was substantially truthful, and concerned an ongoing labor dispute

Question 12

Protection of concerted activity may be lost if which of the following occurs?

A)insubordination which is grounds for discharge
B)the number of employees is reduced so that the NLRA no longer applies
C)a serious disagreement between labor and management
D)an employee speaks disparagingly of the employer

Question 13

Protected concerted activities:

A)are engaged in with or on the authority of other employees
B)must be related to wages, hours, terms or conditions of employment
C)must not be extreme or abusive
D)apply to unionized workers but not to non-unionized workers

Question 14

The duty to bargain in good faith:

A)requires both employers and unions to eventually reach agreement in their negotiations
B)requires that any issue raised by either the employer or union must be negotiated
C)requires that employers supply unions with information relevant and necessary to bargaining effectively

Question 15

Which of the following is not a fundamental right conferred on employees by the National Labor Relations Act ("Sec. 7 rights")?

A)the right to self-organization ​
B)the right to fair pay and benefits
C)the right to strike
D)the right to assist labor unions

Question 16

Which of the following is true regarding grievances?

A)they can be filed by individual employees and may be pursued by the individual with notice to the union
B)they can only be filed by the union on behalf of the individual
C)if the grievance cannot be resolved, either the union or the individual can decide to take the case to arbitration
D)if the grievance cannot be resolved, either the union or the individual can decide to take the case to mediation

Question 17

Which of the following is true regarding NLRB representation election procedures?

A)the NLRB will not order an election unless at least 50 percent of employees have signed authorization cards
B)no more than two elections will be held in the same year for the same group of employees
C)if an employer commits an unfair labor practice within the week before an election is held, the NLRB will certify the union, regardless of whether it receives a majority of votes
D)if an election is ordered, the employer is required to provide the NLRB, within seven days, a list of names and addresses of all employees in the bargaining unit

Question 18

Employees have the right to discuss with fellow employees the terms and conditions of work, even if there is no union at the busienss.

Question 19

Supervisors and managers re not covered by the protections of the National Labor Relations Act.

Question 20

Under the NLRA, employees who go on strike:

A)can be terminated, but only after they are given an adequate opportunity to return to work
B)can be terminated, but only if the strike is an economic strike
C)can be permanently replaced, but only if the strike is an unfair labor practice strike
D)cannot be terminated for going on strike

Question 21

You have just been hired as the new Assistant Human Resources Manager at your firm, having worked your way up from the factory floor to the administrative suite.  During your briefing for the new job, you are told that the firm has learned that its employees are attempting to unionize, a move which the firm has vowed to fight. As part of that effort, your boss, the HR Manager, has asked you to privately talk to some of your former co-workers on the factory floor to see what their thinking is, to learn about how many are in favor of unionizing, who, specifically, is supporting it, and what might make them change their minds.  Among the things they want to know is what would work better - threats of reprisals against those supporting a union, or promises of benefits to those who oppose it. You are eager to do well at your new job, but you see some problems with these requests.  Of the following choices, which is your best option?

A)do as they ask; none of it is illegal
B)tell them you can't do what they ask because it is illegal
C)tell them you would be glad to talk informally with your former co-workers to find out their attitudes about unionization and why this has come up, but that speaking about reprisals and benefits would be an unfair labor practice

Question 22

Which of the following factors is NOT relevant to a determination of an "appropriate bargaining unit?"

A)similarity of skill
B)interrelationship of tasks
C)common supervision
D)common salaries

Question 23

Regarding representation election procedures, which of the following statements is true?

A)at least 50% of the employees in a bargaining unit must sign authorization cards
B)an employer may recognize a union only if at least 50% of the employees in a bargaining unit have signed authorization cards
C)if an election is ordered, the employer must provide to the union names and addresses of employees within 7 days
D)the time between when an election is ordered and when it takes place is the time of least scrutiny of the activities of the employer and the union

Question 24

What must be proven in order to establish a prima facie case of discrimination by the NLRB? ​

Question 25

Which of the following is an unfair labor practice?

A)picketing for more than 15 days
B)secondary boycotts
C)a serious disagreement between labor and management
D)going on a strike

Question 26

Why is each of the following good legal advice? ​
a. Employers must not create or control "company unions."
b. Employers should not respond to union organizing efforts by raising wages or making other unscheduled changes in employment benefits.
c. Employers must abide by the terms of labor agreements when making human resource decisions regarding their unionized employees.
d. Employers should not establish informal practices of conferring benefits and privileges not specified in labor agreements.
e. If individual employees wish to present their own grievances, their union must be notified and given the opportunity to be present at any meetings about the grievances.