Deck 6: Union Organizing

Question 1

A certification election determines whether employees will give a union permission to act as their representative in negotiations with their employer to determine their wages,hours,and working conditions.

Answer 1

True

Question 2

The authorization card campaign is useful to the union because it helps the union assess whether it has sufficient support to win a representation election.

Answer 2

True

Question 3

Most certification elections have just one union on the ballot,so the choice is between a specific union or no union.

Answer 3

False

Question 4

When an employer decides to challenge a union that requests recognition,the outcome is usually settled through strikes.

Question 5

If the U.S.Airline Pilots Association begins to organize a group of food service employees at the Chicago O'Hare airport that is very interested in unionizing,they are engaged in an opportunistic organizing drive.

Question 6

If employees decide to join together to complain to an employer,but they do not legally form a union,the employer is under no obligation to negotiate with them.

Question 7

Generally the NLRB will not allow more than one certification election in a 12 month period.

Question 8

Most U.S.unions are organized through secret ballot elections administered by the National Labor Relations Board.

Question 9

A group of manufacturing employees unionized in January.By June,they were convinced that they had made a mistake and circulated a petition to decertify the election.Thirty-five percent of the employees signed the petition.It is likely that the NLRB will allow the employees to hold a decertification election before the end of the year.

Question 10

To petition the NLRB for an election,a union must gather authorization cards from more than 50% of the employees.

Question 11

The majority of decertification elections are won by the employees' current union.

Question 12

Most certification elections have more than just one union on the ballot,so the choice is whether to unionize and,if so,which specific union will represent the bargaining unit.

Question 13

Employer-initiated unionization drives,though rare,are legal.

Question 14

The United Food and Commercial Workers International Union,which represents many grocery store employees across the country,decides to aggressively campaign to unionize Walmart employees.This organizing drive is best described as an opportunistic organizing drive.

Question 15

Authorization cards signed by employees give the employer permission to deduct union dues from employee paychecks.

Question 16

When the Teamsters Union,one of the largest unions representing truck drivers and other cargo handlers,aggressively tries to organize semi-drivers who are nonunion,their campaign would be best described as strategic,rather than opportunistic,in nature.

Question 17

The NLRA prohibits recognition strikes because they are disruptive and costly to both employers and their employees.

Question 18

To avoid a costly and sometimes bitter campaign for unionization,most employers will voluntarily recognize a union once it demonstrates it has majority support by the employees through the authorization card campaign.

Question 19

As a whole,decertification elections are rare and usually result in the decertification of one union while at the same time certifying a new union.

Question 20

The Communications Workers of America (CWA)successfully collected 94 authorization cards from the 152 eligible employees of a telecommunications company.The CWA and the company agreed to skip a representation election and instead voluntarily begin negotiations.This decision is considered illegal under the National Labor Relations Act.

Question 21

The primary consideration for an individual in considering whether to vote "yes" for a union is the perceived costs and benefits associated with unionization.

Question 22

Martin Sheet Metals is a mid-sized metal manufacturing company whose employees attempted a union organizing drive that ended with an election in May.The union lost the election.By October,employees had gathered authorization cards to request another union election.It is likely that the NLRB will hold another election as soon as possible.

Question 23

The NLRB is responsible for determining which employees will be included in the bargaining unit and therefore have rights to vote in a union election.

Question 24

Age and gender are important factors in determining whether an individual votes "yes" for a union.

Question 25

An individual is more likely to hold positive attitudes toward unions when they have had previous experience with unions in the workplace.

Question 26

Political and ideological beliefs are important determinants of whether a U.S.worker votes for or against a union in a representation election.

Question 27

Fewer than 70 percent of all petitions for election filed with the NLRB actually result in a representation election.

Question 28

Supervisors are excluded from the National Labor Relations Act and therefore cannot legally form unions.

Question 29

Generally speaking,a decertification election may be held as soon as the employees or employer are able to show that at least 30% of employees desire decertification.

Question 30

Union instrumentality is less likely to determine whether someone votes "yes" in a union election than factors like general attitudes toward unions or the social environment.

Question 31

"Community of interest" refers to a principle used by the NLRB to define bargaining units so as to ensure that the employer and employees can find common ground over issues that need to be negotiated.

Question 32

A factor often identified as important for determining whether dissatisfied workers will vote for a union is their attitude towards unions in general.

Question 33

Under the NLRA,someone is defined as a "supervisor" by the amount of money they make.

Question 34

The degree to which an individual thinks a union will be successful in improving the workplace is known as union instrumentality.

Question 35

When determining bargaining units,the NLRB may rule that many occupations in diverse locations can make up a single unit.

Question 36

Union elections usually take place at the employees' work site.

Question 37

Workplaces where employees are more individualistic and do not see themselves as similar to their coworkers are less likely to become unionized - even when working conditions are poor and employees are dissatisfied.

Question 38

Most research supports the notion that dissatisfaction and frustration on the job is more likely to motivate someone to vote "yes" in a union election than maximizing wages.

Question 39

It often takes up to a year between the time a union files an election petition and the time the election is actually held.

Question 40

A union's best chance of winning a union representation election is when the bargaining unit is relatively small and homogenous.

Question 41

Discriminatory enforcement of no solicitation policies is considered illegal interference under the NLRA.

Question 42

Just three hours before a union representation election was to start,the company president wandered through the plant and handed each employee a fake "pink slip" (termination notice)that said simply,"A yes vote = A pink slip." The union later lost the election and employees admitted they were scared they would lose their jobs if they voted yes.In such a situation,the NLRB could declare the election invalid and hold a new election.

Question 43

"Salting," a tactic used by unions in which paid union organizers try to get hired as regular employees,is grounds for declaring a union election invalid.

Question 44

At the start of a union organizing campaign,the NRLB requires employers to give the union a list of the names and addresses of the employees who are eligible to vote in a union election.

Question 45

The only time the NLRB can determine employees were not able to exercise their free choice in a union election and declare the vote invalid is when either the employer or the union commits an unfair labor practice.

Question 46

Employees of a textile factory located in the south requested a union representation election with over 90% signed authorization cards.Just hours before the election,employees began to receive anonymous phone calls threatening that if they voted "yes," they could forget ever being able to get a loan or another job in the community.Fearful for their financial futures,many employees cast "no" votes and the union lost the election.In such a case,the NLRB could declare the election results invalid and schedule a new election.

Question 47

If an employer or union threatens or harasses employees in a way that distorts their free choice in a union election,the NLRB can declare the election invalid.

Question 48

The NLRB principle that holds that every representation election should reflect employees' free choice with regard to unionization (or not)is known as the "laboratory conditions doctrine" or "General Shoe" doctrine.

Question 49

It is estimated that workers were illegally fired in 25 percent of representation election campaigns since 2000.

Question 50

The use of delay tactics,such as challenging the proposed bargaining unit definition in an election petition,is an effective strategy for "breaking" union support.

Question 51

After finding out about a unionization attempt at his company,the General Manager held a mandatory meeting with the employees.During the meeting,he told employees that they didn't need a union.To prove his point,he offered the employees a 5% pay increase.The GM's actions are legal under the NLRA.

Question 52

The NLRB holds unions to a higher standard for acceptable behavior in a union election than it does for management.

Question 53

Under the NLRA,an employer has the right to enforce no solicitation policies on a case by case basis,at their own discretion.Therefore,it is their right to regularly allow employees to sell Girl Scout cookies or similar items while prohibiting a union from distributing informational literature.

Question 54

Because research finds that only about 5 percent of nonunion workers believe it is likely that they will be discharged if they try to form a union,employers argue that their campaign tactics are not intimidating.

Question 55

The NLRB can rule that actions of a third party (i.e. ,one that is not affiliated with either the union or with management)have had a negative impact on employee free choice in union elections and declare the vote invalid.

Question 56

In a union election campaign,a key role of the NLRB is to balance the free speech rights of the employer and the union against the free choice rights of the employees.

Question 57

John,a retail store manager,is concerned about a union organizing attempt at his store.He decides to visit each of his employees at home to discuss the matter in an "informal" setting.John's actions are likely to be considered grounds for invalidating the election.

Question 58

Like employers,unions are barred from visiting employees at their homes because this may be viewed as intimidating.

Question 59

It is illegal for employers to allow the use of company email for charitable and personal e-mail solicitations while not allowing it to be used for noncharitable organizations (i.e. ,unions).

Question 60

Free speech during a union organizing campaign is protected under Section 8(c)of the NLRA which holds that expressing opinions is prohibited only to the extent that it constitutes a threat of reprisal or force,or promise of benefit.

Question 61

In a union organizing campaign and election,the appropriate bargaining unit is defined by:

A)The Union.
B)Management.
C)The NLRB.
D)The Department of Labor.

Question 62

After 3 years of union representation,employees at Stellar Snowboard Manufacturing company decide that they wish to end their relationship with the union.The employees must:

A)Stop paying all union dues.
B)File a petition for decertification election.
C)Petition the employer to stop negotiating with the union.
D)Request that a new union begin negotiating on their behalf.

Question 63

On a cold winter day,a group of employees decides that the temperature in their manufacturing plant is unbearably cold.Together,the employees approach their employer and request that the heat be turned up.The employer:

A)Must collectively bargain with this group of employees over the plant temperature.
B)May refuse the employees' request.
C)Must turn up the heat at the request of the employees.
D)Can fire the employees for insubordination.

Question 64

The Employee Free Choice Act would increase penalties to employers who violate the NLRA and change voting procedures so that simply showing a majority of signed authorization cards would be enough to certify the union.

Question 65

Under the NLRA,an employer may not make a promise to increase wages if employees vote "no" in a union election but a union is allowed to promise they will get a wage increase if they vote "yes".

Question 66

Cindy,an employee of Stellar Snowboard Manufacturing has just signed an authorization card during a union organizing campaign by Local 79 of the Teamsters Union.Cindy has agreed with which of the following statements:

A)"I am requesting the NLRB hold a representation election at my employer's place of business."
B)"I authorize Teamsters Local 79 to be my collective bargaining agent in negotiations with Stellar Snowboard."
C)"I authorize Stellar Snowboard to deduct union dues for Teamsters Local 79 from my paycheck."
D)"I authorize Teamsters Local 79 to use a portion of my union dues money for the purpose of political lobbying."

Question 67

The contract bar doctrine:

A)Prohibits an employer from entering into a collective bargaining agreement with a union.
B)Prohibits a union from entering into any collective bargaining agreement with any employer.
C)Prohibits a decertification election from being held during the life of an existing contract.
D)Specifies minimum standards that union contracts must meet to be considered legal.

Question 68

When an employer is found guilty of illegally discharging an employee due to union activity,they can be required to pay backpay,a fine,and possibly punitive damages.

Question 69

If a union gathers signed authorization cards from more than ____________________ percent of the employees,it can ask the employer to recognize the union as the bargaining agent of the employees.

A)15
B)30
C)50
D)65

Question 70

Most U.S.unions are formed through:

A)Secret ballot elections.
B)Voluntary agreements by management to recognize the union.
C)Strikes.
D)Court orders.

Question 71

A key criticism of the NLRA is that the penalties against employers for violating the law are too harsh.

Question 72

In union organizing,the trend is toward more control over the organizing process by union leaders and full-time union organizers,with less involvement of the employees themselves.

Question 73

Arguably,the most important determinant of a bargaining unit is:

A)Geographical location.
B)Functional integration.
C)Community of interests.
D)Size of the bargaining unit.

Question 74

Because the NLRB election procedures are flawed,more and more unions are attempting to organize workers "outside" the NLRB certification process;for example,by pressuring employers to voluntarily recognize the union.

Question 75

In some cases where employer misconduct is so damaging to support for a union that the NLRB does not believe a fair election could be held,the Board may require the employer to bargain with the employees even though it does not have the votes necessary.

Question 76

The appropriate bargaining unit defines:

A)Which occupations and locations of a particular employer will be included in the representation election.
B)Which employees will conduct the negotiations with the employer.
C)Which bargaining unit gets to vote first in a representation election.
D)The terms and conditions of employment.

Question 77

The proposed Employee Free Choice Act would require that a neutral third party decide the terms of a first contract.

Question 78

Which of the following is likely to be considered a "supervisor" by definition of the NLRA and subsequent interpretations by the NLRB and Supreme Court?

A)Employees who occasionally assign work to other employees.
B)Employees who routinely assign other employees to specific work stations but have no other supervisory responsibilities.
C)Lead employees who direct other employees but where this direction is largely routine in nature.
D)Employees who are accountable for the performance of other employees.

Question 79

A union is attempting to organize clerical and factory workers at a local manufacturing plant in Oshkosh.The NLRB makes a determination to include the clerical and factory workers in the same bargaining unit because they have indicated that their demands are very similar.The NLRB is applying a principle of:

A)Community of interests.
B)Geographical proximity.
C)Interdependence of jobs.
D)Exchange of labor.

Question 80

When the Teamsters Union,which had traditionally represented truck drivers,and other employees in the transportation industry,began to organize police and firefighters,it could be considered a:

A)A strategic campaign
B)An illegal campaign
C)An opportunistic campaign
D)A decertification campaign