Deck 10: Contract Implementation

Question 1

Agreements are generally enforced by any or all of the following methods except:

A) Congressional investigations
B) NLRB investigations
C) Arbitration procedures
D) Economic pressure tactics

Answer 1

A

Question 2

A contract may legally be valid for any of the following periods of time except:

A) 1 year.
B) 6 months.
C) 2 years.
D) No specific length of time.

Answer 2

D

Question 3

If a labor union breaks a valid no-strike contract clause, the employer under the Taft-Hartley Act can:

A) Sue the union in a state court for monetary damages.
B) Seek a state court injunction.
C) Sue the union in a federal court for monetary damages.
D) Seek jail sentences for union leaders from state courts.

Answer 3

C

Question 4

Which of the following is not a general substantive due process requirement in employment action cases:

A) Penalties utilized by the employer are not subject to question.
B) The employer must prove the violation of policy.
C) The applications of rules must be consistently applied to all employees.
D) Required standards of performance must be reasonable.

Question 5

The Supreme Court in the Steelworkers Trilogy cases stated that arbitrator's awards:

A) Should be enforced by the courts even if the court would have decided differently.
B) Should be subject to appeal to federal courts if either side so desires.
C) Should usually represent compromise decisions.
D) Cannot be viewed as permanent resolutions of labor disputes.

Question 6

This doctrine was developed by the NLRB and states that a current and valid contract can prevent another union from petitioning as the exclusive representative.

A) Contract bar
B) Provisional intent test
C) Opener clause
D) Duty to sign

Question 7

In a labor contract, the "effort bargain" generally refers to:

A) Work standards.
B) Working conditions.
C) Premium pay.
D) Management hiring rights.

Question 8

The role of arbitration in relation to court enforcement of contract agreements was outlined in the:

A) National Labor Relations Act.
B) Taft-Hartley Act.
C) Landrum-Griffin Act.
D) Steelworkers Trilogy cases.

Question 9

The duty to bargain during the contract may be limited by any of the following except:

A) Providing for a deferred wage increase.
B) Giving management the right to take unilateral actions.
C) Agreeing that both parties waive the right to reopen negotiations for new items.
D) Structuring a grievance-arbitration procedure to settle disputes.

Question 10

Most labor contracts contain several main sections of all of the following except:

A) Union security
B) Labor laws
C) Management rights
D) Wage and effort bargains

Question 11

A contract provision which provides that both parties waive any right during the contract term to reopen negotiations for new items is termed a:

A) Closure clause.
B) Zipper clause.
C) Duty clause.
D) Statutory right.

Question 12

The NLRB's "contract bar doctrine" provides that:

A) A labor agreement bars management from arbitrary behavior.
B) A valid contract prevents another union from petitioning the NLRB to represent the workers.
C) Labor contracts bar the courts from reviewing management's disciplinary actions.
D) Labor contracts bar union negotiators from representing other unions.

Question 13

The Supreme Court, in the Lincoln Mills case, believed that the agreement to arbitrate grievances was the employer's trade-off for a union's agreement:

A) To fixed wage rates.
B) Not to strike.
C) To allow management rights.
D) Not to sue in federal court.

Question 14

A duty on the parties in a collective bargaining relationship to reduce to writing and sign any agreement reached through the bargaining process is an):

A) Contract bar.
B) Provisional intent test.
C) Opener clause.
D) Duty to sign.

Question 15

Which economic pressure technique was not outlawed by the Taft-Hartley Act?

A) Refusing to cross the picket line at another employer's work site.
B) Secondary boycotts
C) Hot cargo agreements
D) Jurisdictional strikes

Question 16

The arbitration of grievances in labor relations was largely due to:

A) The National Labor Relations Act.
B) World War II.
C) The Taft-Hartley Act.
D) President Kennedy.

Question 17

To test the meaning of each provision in a contract is generally known as:

A) Contract bar.
B) Provisional intent test.
C) Opener clause.
D) Duty to sign.

Question 18

A party may waive statutory rights to bargain a mandatory subject by:

A) Refusing to discuss it.
B) Forgetting to discuss it.
C) Giving the other party written unilateral control over the subject.
D) Coming to an oral agreement on the subject that is not part of the written agreement.

Question 19

Which of the following would be the least useful candidate to "proofread" an agreement for clarity of intent?

A) Foreman
B) Plant manager
C) Shop steward
D) Negotiator

Question 20

The Supreme Court, in the Boys Market case, upheld an injunction against a striking union and posited that in the future when a no-strike clause exists then:

A) Courts can never issue an injunction against a striking union.
B) The NLRB should hear the case.
C) Injunctions should be issued if certain conditions are met.
D) Management cannot seek an injunction.

Question 21

According to a 2002 survey completed by the Bureau of National Affairs, ___% of all contracts are 5 years in length.

A) 9
B) 5
C) 11
D) 1

Question 22

As long as labor contract covers wages, it serves as a "contract bar."

Question 23

In the ___________, the NLRB agreed to defer jurisdiction if there was a stable collective bargaining relationship between the parties, the party defending the charge was willing to arbitrate the issue, and the dispute centered on the contract and its meaning.

A) Misco, Inc. case
B) Lincoln Mills case
C) Steelworkers Trilogy case
D) Collyer case

Question 24

The agreement between a union and an employer is not an employment contract.

Question 25

The Supreme Court upheld an injunction against a union that struck over an arbitral grievance despite a no-strike clause and a mandatory grievance procedure in the __________.

A) Misco, Inc. case
B) Lincoln Mills case
C) Steelworkers Trilogy case
D) Boys Market case

Question 26

Contracts can have an) _____ that allows for negotiations to proceed during the term of the contract on 1 or more items.

A) Contract bar
B) Provisional intent test
C) Opener clause
D) Duty to sign

Question 27

This contract clause protects the rest of the contract should one section come into conflict with state or federal law.

A) Bargain
B) Opener
C) Separability
D) Zipper

Question 28

By law, the union is the exclusive bargaining agent for the bargaining unit.

Question 29

Causing an employer to pay for services not performed or not to be performed is called:

A) Feather rights
B) Feather draft
C) Featherbedding
D) Featherbuster

Question 30

This contract clause allows negotiations to take place during the contract term on certain items within the contract.

A) Bargain
B) Opener
C) Separability
D) Zipper

Question 31

Labor and management are not required to reduce an agreement to writing.

Question 32

Prior to the) _____, jurisdictional disputes between labor unions competing for the same work assignments caused numerous work stoppages.

A) Misco, Inc.
B) Steelworkers Trilogy
C) Lincoln Mills
D) 1947 Taft-Hartley Amendments

Question 33

For federal government employees, ________ of the Civil Services Reform Act requires that any agreement must be incorporated into a written document if either party requests it.

A) Title VIII
B) Title VII
C) Title VI
D) Title V

Question 34

In 1995, the Teamsters Union conducted 3 _____ involving 3 different retail establishments that carried Busch products.

A) Dual shop
B) Dual employer
C) Hot cargo
D) Shop-ins

Question 35

In the _____, the Supreme Court ruled that the FLRA had the legal power to determine whether federal agencies and unions must engage in midterm bargaining.

A) Collyer case
B) NFFE Local 1309 v. Dept of Interior, et. al.
C) Lincoln Mills case
D) Steelworkers Trilogy case

Question 36

The ______ begins 60 days before the contract is due to expire.

A) Insulated period
B) Provisional intent test
C) Opener clause
D) Duty to sign

Question 37

In the _______, the Supreme Court required specific fulfillment of an employer's promise to arbitrate in a collective bargaining agreement.

A) Misco, Inc. case
B) Lincoln Mills case
C) Steelworkers Trilogy case
D) Collyer case

Question 38

Without a labor contract, the employee's employment is an employment at will and may be terminated by the employer at any time without motive.

Question 39

An individual employee has a right to _________, which is fair treatment by the employer in any action taken against an employee.

A) Zipper due process
B) Procedural due process
C) Opener clause process
D) Substantive due process

Question 40

The parties to a contract may be released from the provisions of the contract if unforeseeable circumstances prevent them from fulfilling the contractual obligations. This is also known as:

A) Force majeure.
B) Contract bar.
C) Provisional intent test.
D) Opener clause.

Question 41

A union can negotiate a clause that requires the employers to hire employees through a referral service if nonunion and union employees are referred.

Question 42

The NLRB may invalidate a contract if it finds that the union acted without majority representation.

Question 43

The NLRB may invalidate a specific clause in a labor agreement.

Question 44

Setting grievance procedures are not generally considered an area of "management rights."

Question 45

In Auburndale Freezer Corp v. NLRB, the Court overturned an NLRB decision to allow a union to picket a public warehouse.

Question 46

Neither party can be required to discuss or modify a contract during the contract term.

Question 47

Arbitrators are bound by judicial precedent.

Question 48

Hot cargo agreement refers to a negotiated contract provision stating that union members of one employee should handle nonunion or struck goods of other employers.

Question 49

Grievance arbitration is the resolution of a dispute by an outside party.

Question 50

A primary boycott occurs when persons who normally deal directly with the work involved are encouraged to withhold their services.

Question 51

In March 2003, the United Farm Workers UFM) union in California announced a historic boycott of Sonoma, a subsidiary of E & J Gallo Winery.

Question 52

The "reserved rights theory" generally contends that management retains all rights including those relinquished in the contract.

Question 53

Employees who voted in the minority in a representation election cannot be represented by the union in a grievance dispute.

Question 54

Under the "residual rights theory" management retains all rights not surrendered under the labor agreement.

Question 55

Featherbedding is an unfair labor practice only if a union forces an employer to pay for work not performed.

Question 56

Economic strike is a legal means of contract enforcement.

Question 57

Arbitrators are not bound by other employers' practices.

Question 58

In the 1960 Trilogy cases, the Supreme Court said that if a court sees any doubt that a grievance is covered in a contract, then it is not subject to arbitration.

Question 59

Jurisdictional disputes between labor unions that cause work stoppages are fair labor practices.

Question 60

The NLRB generally believes that if a union wishes to bargain only a new item during a contract and the item was not discussed during negotiations or included in the agreement, then the employer has a duty to bargain on that item.

Question 61

Controlling production is not generally considered an area of "management rights."

Question 62

The "shop-in" union tactic is primarily used against retailers and is a form of secondary boycott.

Question 63

In De Bartola Corp. v Florida Gulf Coast Trades Council the U.S. Supreme Court, in a landmark case involving an alleged secondary boycott, ruled that both peaceful picketing and handbilling urging a consumer boycott were legal.

Question 64

A clause which limits both parties to those items expressly covered in the agreement is referred to as an opener clause.

Question 65

The term "hot cargo" refers to goods not paid for by the purchasing party.