Deck 12: The Rise of Organized Labor and Its Regulatory Framework

Question 1

The NLRB does not look to the degree of control and direction exercised by the firm over the worker to determine whether the worker is an employee or an independent contractor.

Answer 1

False

Question 2

Yellow-dog contracts require employees to sign a contract with the employer, where the employees agree not to:

A) ​revolt against the employer.
B) join any union.
C) challenge management decisions legally.
D) divulge confidential information.

Answer 2

B

Question 3

The National Industrial Recovery Act, the centerpiece of Franklin Roosevelt's New Deal, provided protection for employees organizing unions and encouraged collective bargaining.

Answer 3

True

Question 4

The passage of the Clayton Act in 1914 did not appear to provide any sort of relief sought by labor.

Question 5

The concept of the Noble Order of the Knights of Labor was first developed in Philadelphia in 1869.

Question 6

The American Federation of Labor (AFL) adopted a pattern of union organization based on the British trade union system which provided the members with:

A) ​workers' compensation.
B) ​children educational benefit plan.
C) ​sick and death benefits.
D) ​housing loans.

Question 7

The Congress of Industrial Organizations (CIO) was a federation of unions that sought to organize only the skilled production workers largely ignored by the AFL.

Question 8

The Clinton administration never provided unions with a sympathetic ear at the White House.

Question 9

The NLRB jurisdictional standards are set in terms of the manpower employed in a firm.

Question 10

The _____ emphasized political activity as well as organizing activity and had spectacular success in organizing the workers of the steel, automobile, rubber, electrical, manufacturing, and machinery industries.

A) ​Congress of Industrial Organizations (CIO)
B) American Federation of Labor (AFL)​
C) Change to Win Coalition​
D) International Brotherhood of Teamsters​

Question 11

The labor activities of the socialist movement came to be represented by the Industrial Workers of the World during the early decades of the twentieth century.

Question 12

In the late 1880s, the development of all of the following provided powerful weapons for use against the activities of organized labor except:

A) ​ex parte proceedings.
B) yellow-dog contracts.
C) labor injunction.
D) antitrust laws.

Question 13

The Office of the General Counsel is the prosecutorial branch of the NLRB and is also in charge of the day-to-day administration of the NLRB regional offices.

Question 14

The socialist movement initially sought to:

A) ​press for affirmative action.
B) engage in political activities.
C) form community collectives.
D) organize unions.

Question 15

The newly organized NLRB was bifurcated into two independent authorities within the single agency:the five-member Board and the general counsel.

Question 16

Employees excluded from the NLRA coverage are prevented from organizing and attempting to bargain collectively with their employer.

Question 17

The earliest American labor cases may be traced back to 1806.

Question 18

The Railway Labor Act, passed in 1926, prohibits railroad employees from designating bargaining representatives of their own choosing.

Question 19

The NLRB adopted an administrative organization that made it prosecutor, judge, and jury with regard to complaints under the act because the Wagner Act gave little guidance concerning the administrative structure of the agency.

Question 20

An independent contractor is someone who, in the interests of the employer, has the authority to direct, hire, fire, discipline, transfer, assign, reward, responsibly direct, suspend, or adjust the grievances of other employees and who uses independent judgment in the exercise of such authority.

Question 21

Which case illustrates the broad scope of the definition of labor dispute under the Norris-La Guardia Act?​

A) ​National Labor Relations Board v.Kentucky River Community Care, Inc.
B) Pulte Homes, Inc.v.Laborers' International Union of North America​
C) Duplex Printing Press Company v.Deering​
D) Loewe v.Lawlor​

Question 22

The _____ introduced some of the ideas and approaches later incorporated in the National Labor Relations Act (NLRA).

A) ​Taft-Hartley Act
B) National Industrial Recovery Act​
C) Clayton Act​
D) Railway Labor Act​

Question 23

The National Labor Relations Act is also known as the:

A) ​Taft-Hartley Act.
B) Wagner Act.
C) Landrum-Griffin Act.
D) The Norris-La Guardia Act.

Question 24

The National Labor Board established the principles of _____ and _____ in a particular bargaining unit.

A) ​injunctions; ex parte agreement
B) majority rule; exclusive representation​
C) rules of evidence; appellate rules​
D) miranda warning; negotiation​

Question 25

The _____ involved government working closely and actively with business to revive the economy.

A) ​National Labor Relations Act
B) National Industrial Recovery Act​
C) Norris-La Guardia Act​
D) Landrum-Griffin Act​

Question 26

The NLRA exclude all of the following from its definition of employer except:

A) ​public sector employers.
B) ​railroads.
C) ​cooperatives.
D) ​airlines subject to the Railway Labor Act.

Question 27

The National Recovery Administration is responsible for administering the codes of fair competition under the:

A) ​National Industrial Recovery Act.
B) Norris-La Guardia Act.
C) Sherman Act.
D) Taft-Hartley Act.

Question 28

The Railway Labor Act established a three-step procedure for settling disputes.Which of the following is not one of them?

A) ​Use a federal mediation board to attempt to facilitate negotiation of the parties' differences.
B) Induce the parties to arbitrate the dispute.
C) Refer the dispute to the Office of the General Counsel.
D) Recommend to the president that an emergency board of investigation be created.

Question 29

The purpose and effect of the Taft-Hartley Act were to balance the rights and duties of:

A) ​different unions coming together.
B) employee and employers.
C) both unions and employers.
D) non-unionized employees.

Question 30

Because _____ gave little guidance concerning the administrative structure of the newly created agency, the NLRB adopted an administrative organization that made it prosecutor, judge, and jury with regard to complaints under the act.

A) ​Bill Clinton
B) the Wagner Act​
C) the old NLRB​
D) Barack Obama​

Question 31

The _____ was a legislative reversal of the prevailing view of the judiciary that economic injury inflicted by unions pursuing their economic self-interest was unlawful both at common law and under antitrust laws.

A) ​Taft-Hartley Act
B) ​National Industrial Recovery Act
C) ​The Railway Labor Act
D) ​Norris-La Guardia Act

Question 32

The Railway Labor Act was amended by the:

A) ​National Industrial Recovery Act.
B) Congress.
C) National Labor Relations Board.
D) Taft-Hartley Act.

Question 33

Section 3 of the Norris-La Guardia Act declares that _____ are contrary to public policy of the United States.

A) ​ex parte proceedings
B) union boycotts​
C) yellow-dog contracts​
D) collective bargaining efforts ​

Question 34

After Taft-Hartley, the National Labor Relations Act was amended several times, the most significant version being the:

A) ​Clayton Act.
B) Landrum-Griffin Act.
C) Sherman Act.
D) Wagner Act.

Question 35

In June 1934, President Roosevelt formulated _____, which authorized the President to establish a board or boards empowered to investigate disputes arising under Section 7(a) of the NIRA and to conduct secret ballot representation elections among employees.

A) ​the National Labor Board
B) the New Deal​
C) Public Resolution No.44​
D) the Bipartite Agreement​

Question 36

Section 20 of the Clayton Act restricted the:

A) ​issuance of labor injunctions.
B) issuance of ex parte orders.
C) yellow-dog contracts.
D) filing of interlocutory applications.

Question 37

In the Danbury Hatters' case, the Supreme Court held that the union boycott was a combination in restraint of trade within the meaning of the:

A) ​Clayton Act.
B) National Labor Relations Act.
C) Sarbanes Oxley Act.
D) Sherman Act.

Question 38

For labor issues, the National Labor Relations Board itself is the:

A) ​judicial branch.
B) administrative branch.
C) legislative branch.
D) arbitral tribunal.

Question 39

Antitrust laws provided legal weapon for employers in the form of the Sherman Antitrust Act of 1890.Which of the following acts appeared to provide the relief sought by the laborers?​

A) ​The Railway Labor Act
B) The Norris-La Guardia Act​
C) National Labor Relations Act​
D) Clayton Act​

Question 40

In Duplex Printing Press Company v.Deering, Duplex responded to the national boycott called by the Machinists' Union by filing suit for an injunction under the:

A) ​Sherman Act.
B) National Labor Relations Act.
C) Clayton Act​
D) Norris-La Guardia Act.

Question 41

What does Section 103 the Labor-Management Reporting and Disclosure Act deal with?​

Question 42

Define managerial employees.

Question 43

What are the types of legal issues the NLRB handles?​

Question 44

Define the term "supervisor" in accordance with Section 2(11) of the NLRA.

Question 45

The definition of "employee" under the NLRA includes persons working for a company and, at the same time, being paid by a union to help the union organize the company was the central issue in:

A) ​NLRB v.Meenan Oil Co. L..
B) NLRB v.Kentucky River Community Care, Inc.
C) NLRB v.Town & Country Electric, Inc.
D) Duplex Printing Press Company v.Deering.

Question 46

What is the Noble Order of the Knights of Labor?

Question 47

When the Supreme Court declared the NIRA to be unconstitutional in its 1935 Schechter Poultry Corp.v.U..decision, it also destroyed:

A) ​the Railway Act.
B) the old NLRB.
C) the National Labor Relations Act.
D) the NLRB.

Question 48

What is the extent of jurisdiction of the NLRB?​

Question 49

Judicially exempted employees under the NLRA include:

A) ​expatriates.
B) government employees.
C) migrant employees.
D) confidential employees.

Question 50

​The AAUP's administration decides to freeze faculty salaries and reduce its contribution to the faculty's _____ and pension plans.

A) ​vehicle insurance
B) life insurance​
C) medical insurance​
D) workers' compensation​

Question 51

Section 2(3) of the NLRA, in its definition of "employee" expressly excludes:

A) ​factory workers.
B) supervisors.
C) federal employees.
D) labor unions.

Question 52

Who proposed the National Labor Relations Act (NLRA) in the Senate and in which year?​

Question 53

One of the grounds on which the National Labor Relations Board will review an election is if:

A) ​the majority of employees demand review.
B) the procedure involved some error that prejudiced a party.
C) there is a tie among the parties.
D) the parties demand review.

Question 54

In NLRB v.Meenan Oil Co. L.. the National Labor Relations Board filed petitions for enforcement of its order finding against the defendant regarding violation of:

A) ​Section 9(a)(2) of the National Labor Relations Act.
B) Sections 8(a)(1) and (5) of the National Labor Relations Act.
C) Sections 7(a)(1) and (5) of the National Labor Relations Act.
D) Section 21 of the National Labor Relations Act.

Question 55

Briefly explain Norris-La Guardia Act.

Question 56

In National Labor Relations Board v.Kentucky River Community Care, Inc. the lower court's judgment was:

A) ​remanded.
B) dismissed.
C) reversed.
D) ​upheld.

Question 57

Section 10(b) of the National Labor Relations Act requires that unfair practice charges must be filed:

A) ​within six months of the occurrence of the alleged unfair practice.
B) after a year of the occurrence of the alleged unfair practice.
C) according to the convenience of the aggrieved person.
D) after a notice has been issued by the board stating the date the charge can be filed.

Question 58

Discuss the socialist movement and its political influence.

Question 59

Discuss the Congress of Industrial Organizations.

Question 60

What is a labor injunction?​

Question 61

The National Labor Relations Act prohibited certain practices of employers that would interfere with or prevent the exercise of basic rights.Discuss.

Question 62

Explain antitrust laws.

Question 63

Briefly describe the National Labor Board.

Question 64

What role did the American Federation of Labor (AFL) play in the labor movement in the U..​