Deck 3: Legal Influences

Question 1

Beck rights reinforce the basic right of an employee not to become a full member of a union in order to meet the requirements of a negotiated union security clause and to pay a bargaining unit representative where required by contact,only for those regular charges associated with the duties of representing the bargaining unit.

Answer 1

True

Question 2

The yellow-dog contract guarantees that employees are not required to participate in union activities.

Answer 2

False

Question 3

The NLRB mediates cases and awards damages or fines where it deems necessary.

Answer 3

False

Question 4

NLRB decisions are subject to court review,and most cases filed with the NLRB are appealed.

Question 5

The Supreme Court ruled in the late 1930s that labor disputes were covered under the Norris-LaGuardia Act and injunctions could easily be obtained.

Question 6

NLRB initiates investigation of a company when it suspects that the company has committed an unfair labor practice.

Question 7

Agricultural laborers are specifically excluded from coverage under the Labor Management Relations Act.

Question 8

An employee alleging unlawful discharge is under affirmative duty to seek comparable employment to mitigate the respondent employer's potential back-pay liability while awaiting a final determination of the merit of the ULP charge.

Question 9

For employee activity to be protected under the LMRA,the concerted activity must be for a protected purpose described in Section 7 of the Act and engaged in using lawful means.

Question 10

The NLRB decisions are like Supreme Court decisions in that they are independent of political party influences.

Question 11

Because the National Labor Relations Act prohibited interference with labor unions in 1935,companies were allowed to establish company unions to assure the integrity of unions.

Question 12

Employment at will doctrine means that an employee has a right to a job.

Question 13

Employees are protected in pursuing their mutual working condition concerns,even if they do not belong to a labor organization.

Question 14

The NLRB has final authority to settle all unfair labor practice charges..

Question 15

The administrative agency under the Norris-LaGuardia Act is the National Labor Relations Board.

Question 16

The Wagner Act gave unions considerable power,which had to be counterbalanced by passage of the Taft-Hartley Act.

Question 17

Employee rights are guaranteed by the National Labor Relations Act; thus,the National Labor Relations Board investigates companies on its own to assure that the rights are protected.

Question 18

Statutory law includes legislation originally written for general population but is applied in specific instances to labor relations.

Question 19

Two major deficiencies of the Norris LaGuardia Act were: (1)the act did not establish an administrative agency and (2)there were no specific employer unfair labor practices.

Question 20

The Racketeer Influenced and Corrupt Organizations Act (RICO)forbids anyone involved in racketeering from investing in or controlling through racketeering activity any enterprise (business or labor union)engaged in interstate commerce.

Question 21

Which one of the following was not a weakness in the Norris-LaGuardia Act?

A) It did not prevent unions from certain activities that adversely affected commerce.
B) It did not recognize employee rights in labor relations.
C) It did not set up an administrative agency.
D) It did not establish unfair labor practices of employers.
E) All of these were weaknesses in the Norris-LaGuardia Act.

Question 22

Which of the following were declared unconstitutional?

A) National Labor Relations Act
B) Wagner Act
C) Clayton Act
D) National Industrial Recovery Act
E) all of these

Question 23

The Civil Rights Act of 1991 prohibits employment discrimination on the basis of:

A) handicap, sex, race, age, and religion.
B) race, sex, religion, and age.
C) race, age, sex, religion, and national origin.
D) race, color, religion, sex, and national origin.
E) sexual orientation.

Question 24

The _________ specifies the conditions under which employers are required to give advance notice of a plant closing or mass layoff.

A) Wagner Act
B) Worker Adjustment and Retraining Act
C) Clayton Act
D) National Industrial Recovery Act
E) National Labor Relations Act

Question 25

Which of the following powers does the NLRB possess?

A) power to effectively reinstate unfairly discharged employees
B) power to impose severe penalties
C) power to award punitive damages
D) constitutional penal powers
E) all of these

Question 26

Which of the following were not included in the Wagner Act?

A) specific union unfair labor practices
B) specific employer unfair labor practices
C) guarantees of certain employee rights
D) NLRB
E) creation of an administrative agency

Question 27

Labor relations law has been derived from which of the following:

A) judicial decisions and interpretations
B) legislative branch
C) executive orders
D) statutes
E) all of these

Question 28

The main reason the Clayton Act did not prove to be organized labor's Magna Charts was that:

A) labor unions were considered to operate in interstate commerce.
B) labor of a human being was interpreted by the Courts to be an article of commerce.
C) employer activities, such as blacklisting of employees and discharge of union leaders, were not illegal.
D) it made it easier for employers to seek injunctions against unions.
E) all of these

Question 29

In reaction to passage of the National Industrial Recovery Act,which was intended to stabilize economic activity,employers:

A) eliminated company unions.
B) formed associations among themselves to draw up codes of competition.
C) allied closely with union leaders to alleviate effects of depression.
D) worked closely with unions to expand their membership
E) all of these

Question 30

Common law comes into being:

A) through authority of executive agencies.
B) by applying constitutional amendments.
C) through court decisions.
D) all of these
E) none of these

Question 31

Under the Railway Labor Act,the federal agency responsible for resolving differences between the parties when negotiating an agreement is the:

A) Federal Mediation and Conciliation Service.
B) National Mediation Board.
C) Department of Mediation.
D) National Labor Relations Board.
E) Department of Labor.

Question 32

Employee rights under the National Labor Relations Act include:

A) the right to boycott any employers who may be interfering with union activities.
B) the right to bargain collectively through agents of their own choosing.
C) the right to form unions.
D) the right to form unions and the right to bargain collectively through agents of their own choosing.
E) all of these

Question 33

In what year did the Supreme Court declare the Wagner Act constitutional?

A) 1947
B) 1886
C) 1941
D) 1937
E) 1918

Question 34

The ________ applies to labor relations in the airline industry.

A) Industrial Flight Act.
B) airline regulations promulgated by the FAA.
C) airline regulations promulgated by the NASA/
D) Airline Employment Act
E) Railway Labor Act

Question 35

The major deficiencies of the Norris-LaGuardia Act,which were corrected by passage of the Wagner Act in 1935,were:

A) the National Labor Relations Board was reorganized.
B) an administrative agency was included.
C) employer unfair labor practices were included.
D) an administrative agency was included and employer unfair labor practices were included.
E) union unfair labor practices were included.

Question 36

The federal agency responsible for administering the National Labor Relations Act is the:

A) National Labor Board.
B) Department of Labor.
C) National Mediation Board.
D) National Labor Relations Board.
E) Federal Mediation and Conciliation Service.

Question 37

The administrative agencies now under the Railway Labor Act are the:

A) Board of Mediation and National Railroad Adjustment Board
B) National Labor Relations Board and the Railway Labor Board
C) National Mediation Board and National Railroad Adjustment Board
D) National Labor Relations Board and the National Mediation Board
E) National Mediation Board and the National Labor Relations Board

Question 38

Which of the following concerted actions are permitted under Sec.7 of the LMRA?

A) strikers who sit-down and refuse to leave a plant
B) a strike called to achieve a closed shop contract
C) strikers who threaten or engage in acts of violence
D) a strike that occurs while a no-strike provision in the contract is in effect
E) none of these

Question 39

Which of the following actions are possible after the NLRB investigates an unfair labor practice charge?

A) a formal complaint may be issued
B) charge may be withdrawn
C) change me be dismissed
D) charge may be settled
E) all of these

Question 40

To ensure the constitutionality of the NLRA,Congress provided that unfair labor practice decisions of the NLRB could be appealed for review by:

A) a federal Circuit Court of Appeals.
B) a federal District Court.
C) the local police within its jurisdiction.
D) state court systems.
E) the Department of Labor.