Deck 5: The Negotiation Process

Question 1

Which of the following is not a reason employers have begun to replace strikers with permanent replacements during an economic strike?

A) Mergers, downsizing, and companies going out of business provided trained workers.
B) High unemployment caused workers to cross picket lines.
C) The only effective weapon a company has against a strike is to keep operating.
D) Companies hope to prevent being a target of a rolling strike.

Answer 1

D

Question 2

Services available through the FMCS include:

A) Mediation.
B) Fact-finding.
C) Arbitration.
D) Picketing.

Answer 2

A

Question 3

In final offer arbitration, a party will most likely make its final offer as reasonable and fair as possible because:

A) The arbitrator may fine them for not negotiating in good faith.
B) The arbitrator may ask for another more reasonable proposal.
C) If the other side's proposal appears to be more reasonable, it has a greater chance of being chosen.
D) The FMCS will be brought in to mediate.

Answer 3

C

Question 4

Which of the following pressure tactics wound not be used when negotiating?

A) The bite
B) Chicken
C) Highball/lowball
D) Good guy/bad guy

Question 5

"Telescabbing," a labor relations term born during the 1983 AT&T strike, refers to:

A) Calling in scab nonunion labor.
B) Calling in scab union labor.
C) Using military labor to replace striking employees.
D) Using automated equipment to replace striking employees.

Question 6

________ is the introduction of a neutral third party into collective bargaining when the union and management are unable to reach an agreement.

A) Mediation
B) Interest arbitration
C) Final offer arbitration
D) Mediation-arbitration

Question 7

Any portion of the contract that conflicts with state or federal law is declared null and void without affecting other provisions is which of the following?

A) Lateral bid
B) Jurisdictional strike
C) Job bidding
D) Separability clause

Question 8

Which of the following people is not likely to be a member of the labor negotiating team?

A) City Mayor
B) Chief shop steward
C) Business agent
D) International union representative

Question 9

Unlawful means of conducting a strike include which of the following?

A) Sit-down strike
B) Wilddog strike
C) Stakeout
D) Picketing

Question 10

Pressure bargaining assumes that a party will agree if:

A) Threatened by members of the other team.
B) The negotiations are forced to arbitration.
C) The public puts pressure on both sides.
D) It costs more to disagree than to agree.

Question 11

Suggested attributes of the successful negotiator include which of the following?

A) Is not too firm.
B) Lets emotions known.
C) Holds firm - less flexible.
D) Sets clear objectives.

Question 12

The costs of an economic strike, which the union must carefully evaluate, would usually include:

A) Use of the union strike fund.
B) Increase of public support.
C) Increasing wages and benefits.
D) No workers being replaced.

Question 13

The first tactics of the principled negotiations strategy is to:

A) Use threats of economic action to increase leverage against the other side.
B) Separate the people from the merits of issues presented and focus on the merits.
C) Come to the table with a laundry list of demands.
D) Separate the people from the proposals and focus on the people and their perceptions.

Question 14

Mandatory bargaining items include:

A) Christmas bonuses.
B) Café prices.
C) Preferential hiring.
D) Hot Cargo Clause.

Question 15

Which of the following would be considered a permissive subject by the NLRB?

A) Indemnity Bonds
B) Paid holidays
C) Pension
D) Hours of employment

Question 16

An ultimate test of strength in the negotiation process is:

A) The company's profits and union size.
B) The union's ability to strike and the company's ability to withstand a strike.
C) The union's national affiliate and the company's home office.
D) Also known as the mark of crisis.

Question 17

To communicate effectively during negotiations, one party can demonstrate that it is listening to the other by:

A) Being engaged.
B) Leaving the room.
C) Asking them to repeat their statement.
D) Asking for time to review outside material pertinent to the issue.

Question 18

Which of the following U.S. strikes was best known for outsourcing?

A) 1996 General Motors
B) 1981 PATCO
C) 1982 NFL
D) 1986 Steel industry

Question 19

Under the National Labor Relations Act, an "unfair labor practice strike" could be called to:

A) Air any employee grievance.
B) Protest an employer's alleged discrimination against a union official.
C) Affect the economic package of a contract under negotiation.
D) Affect the noneconomic package of a contract under negotiation.

Question 20

Which of the following would not constitute a legal strike?

A) Sit-down strike
B) Wildcat strike
C) Work slowdown partial strike)
D) Mass force

Question 21

The outcome of the PATCO strike of 1981 was:

A) Almost all workers were eventually rehired.
B) All striking workers were fired, but most were rehired.
C) All striking workers lost several weeks pay and seniority.
D) No striking workers were rehired during Republican presidencies.

Question 22

An employer's refusal to allow employees to return to work until an agreement is signed is called ______________________.

A) Outsourcing
B) Selective strikes
C) Telescabbing
D) A lockout

Question 23

Which of the following is not cited by those who support public employees' right to strike as a reason to allow such actions?

A) Strikes demonstrate the union's strength, which can be used as a bargaining strategy.
B) Many public employees are in nonessential services and therefore should be allowed to strike.
C) Some public employees do go on strike that focuses the attention on the "strike" issue, not negotiation issues.
D) Strikes could not seriously hamper the provisions of government services.

Question 24

The first union authorized public strike was called by the):

A) Air traffic controllers.
B) TVA workers.
C) Congressional pages.
D) Shipbuilding.

Question 25

Using a laundry list of demands makes it easy for either side to focus on its real interests in a principled negotiations strategy.

Question 26

Which of the following would the NLRB probably not consider a serious act by striking employees who would then warrant discharge by the employer?

A) Throwing rocks or eggs at replacement workers.
B) Vandalizing a supervisor's car.
C) Carrying a gun on the picket line while making verbal threats.
D) Yelling obscenities at managers.

Question 27

In negotiations, it is essential to know what the other party believes to be true and what is true.

Question 28

Critics of the use of public sector binding arbitration when a negotiation impasse occurs claim a chilling effect on the negotiation process, referring to:

A) The cool attitude most negotiators have toward arbitrators.
B) The public's cold response to quick impasse settlements.
C) The arbitrator's lack of public sector labor history.
D) The arbitration process is merely a compromise between final positions, discouraging concessions.

Question 29

Which of the following U.S. strikes broke a federal no-strike law?

A) 1983 AT&T
B) 1981 PATCO
C) 1982 NFL
D) 1986 Steel industry

Question 30

State open meetings or "sunshine laws" generally required which aspect of public sector negotiations to be open to the public?

A) Grievance arbitration
B) Labor-management negotiation sessions
C) Impasse resolution meetings with mediators
D) Final agreement approval by elected officials

Question 31

Sunshine laws may:

A) Be the federal government's use of a panel of negotiators.
B) Require that collective bargaining sessions be open to the public.
C) Be one union bargaining with two or more governmental entities such as different cities.
D) Be one governmental negotiator bargaining with more than two unions at the same time.

Question 32

The 2007-2008 Writers Guild Strike cost the entertainment industry over $____ million in lost commercial revenues.

A) 500
B) 50
C) 25
D) 5

Question 33

A movement initiated by dissatisfied employees or a union organizer to submit a representation petition to the National Labor Relation is called:

A) Preparation.
B) Bargaining.
C) Preemption.
D) Organizational drive.

Question 34

In which of the following areas is labor relations in the public sector most like that of the private sector?

A) Employer competition
B) Employer's ability to increase income
C) Employees' fiscal needs
D) Union economic pressure tactics

Question 35

The most commonly accepted union security provision for public employees is:

A) Automatic dues deduction.
B) Union shop.
C) Agency shop.
D) Maintenance of membership provision.

Question 36

A plant relocation decision is not a mandatory subject for collective bargaining if other workers will be substituted for union workers after the move.

Question 37

The members of the Professional Air Traffic Controllers union were fired in 1981 because:

A) President Reagan wanted nonunion labor.
B) They were not needed.
C) They willfully violated federal employee "no-strike" laws.
D) An arbitrator ordered their dismissal.

Question 38

The perception of the other side's position on an issue can usually be changed if their actions and proposals change on the issue.

Question 39

The AT&T strike was successful because union leaders declared the company's ability to continue service during the strike.

Question 40

The primary reason for prohibiting public employee strikes is:

A) Loss of federal income taxes.
B) The services provided are essential to the general welfare.
C) Elected officials do not know how to respond to strikes.
D) The government's wage and benefit levels are already too high.

Question 41

Union security refers to the ability of the union to grow and to perform its collective bargaining role without interference from management and other unions.

Question 42

Employees are legally entitled to be rehired after an economic strike.

Question 43

There is no such thing as an essential service.

Question 44

A successful negotiator examines what motivates the actions of the other party.

Question 45

In impasse, a strike by a union against one employer can be legally countered by a lockout by all employers of the bargaining unit.

Question 46

Union recognition clauses are permissive subjects according to the NLRB.

Question 47

Negotiated agreements must be approved by union members in a secret ballot process.

Question 48

Pressure bargaining is used to pressure the other party into accepting something they would normally refuse.

Question 49

The primary reason for prohibiting public employee strikes is that the services provided by employees are essential to the general welfare.

Question 50

A successful negotiator may choose to ignore the pressure tactics made by other negotiators.

Question 51

Final negotiation settlements do not need to be approved by a vote of the union's membership.

Question 52

In mediation-arbitration, the mediator has the authority to arbitrate any unresolved issue.

Question 53

Union leaders may want their membership to reject a contract proposal to give them increased bargaining leverage.

Question 54

With the Management Rights Act, the public employer may seek to control the collective bargaining process by limiting the issues to be bargained.

Question 55

The fourth objective in principled negotiating is to have the validity of each party's proposals judged by objective criteria.

Question 56

Either side may push a mandatory subject to impasse.

Question 57

When training new negotiators, the most requested new bargaining technique is interest-based bargaining IBB).

Question 58

The governmental entities involved in collective bargaining fall into two categories: a council form and an executive-legislative form.

Question 59

Management generally introduces the majority of new items to be discussed.

Question 60

Industrial unions use mass picketing to encourage unskilled nonunion laborers to fill their positions.

Question 61

Public sector employees have more protection against employer disciplinary actions than their private sector counterparts do.

Question 62

Fact-finding is less successful at resolving impasses in the public sector than in the private sector.

Question 63

PATCO still represents air traffic controllers.

Question 64

Wages and unionization are related to one another within the public sector.

Question 65

President Reagan temporarily fired all air traffic controllers who did not return to work by his deadline-they have all been rehired.