Deck 3: Establishing a Bargaining Process

Question 1

The NLRB would be least likely to exercise any jurisdiction when:

A) There is a dispute among union officials.
B) There is a dispute over wages.
C) A strike occurs.
D) Labor complains of unfair labor practices.

Answer 1

A

Question 2

In April 2005, teaching assistants at Columbia and Yale Universities staged an) "______" to show the New England schools that they stand together seeking higher pay, childcare, and medical benefits.

A) Closed shop
B) Outlaw shop
C) Union shop
D) Solidarity action

Answer 2

D

Question 3

The certified union for a bargaining unit is granted an exclusive right under the NLRA to represent:

A) All non-management employees within the company.
B) All union employees.
C) Only employees of a particular skill craft union) or work industrial union).
D) All employees in that unit, union, or nonunion.

Answer 3

D

Question 4

The new union federation that split from the AFL-CIO in 2005 is called:

A) Change to Win.
B) Appropriate Unit.
C) NLRB.
D) Bargaining Unit.

Question 5

The NLRB has jurisdiction over persons when there is a labor dispute which:

A) Cannot otherwise be resolved.
B) Affects commerce.
C) Involves at least 500 employees.
D) Involves national security.

Question 6

Which of the following is not a criterion the NLRB reviews when determining a rational bargaining unit?

A) Desires of employer
B) History of bargaining
C) Community of interest
D) Public interest

Question 7

A key element to a union's security is an agreement provision that requires:

A) High industry wages.
B) Paid vacation days.
C) Cost-of-living adjustments.
D) Dues checkoff and union membership.

Question 8

The Bowen v. U.S. Postal Service decision by the Supreme Court did not:

A) Require the employer to give the employee back pay.
B) Require the union to give the employee back pay.
C) Find the employee was not wrongfully discharged.
D) Find the union guilty of poor representation of the employee.

Question 9

The National Labor Relations Act provided four basic principles to guide the NLRB, including:

A) The arbitration of labor disputes.
B) Criminal sanctions against management.
C) Criminal sanctions against labor.
D) The encouragement of labor organizations and collective bargaining.

Question 10

The NLRB may add new classes of employees to existing units if they have a similar community of interest by utilizing the:

A) Wagner Act.
B) Globe Doctrine.
C) Accretion Doctrine.
D) Mallinckrodt Doctrine.

Question 11

Closed, open, and union shops are the basic forms of ________ clauses.

A) FLA
B) ALW
C) Union Hiring Hall
D) Union security

Question 12

By 2002, UPS had converted 10,000 part-time jobs to full-time and then agreed in negotiations that year to convert another 10,000 part-time jobs to full-time during the 2002-2008 agreement. This was a result of:

A) An arbitration of labor disputes.
B) Collective bargaining.
C) The Justice Department.
D) Congress interference.

Question 13

Congress has provided that the NLRB cannot determine a craft unit inappropriate just because it wishes to break away from an existing industrial union unless:

A) A U.S. Circuit Court reviews the case.
B) Management agrees in writing to the request.
C) The Board's decision is unanimous.
D) The majority of the employees in the craft unit vote against separate representations.

Question 14

If two bargaining units appear appropriate, the NLRB may utilize the Globe Doctrine by:

A) Consulting with management on its opinion.
B) Taking the question and comparing it to similar cases around the country.
C) Asking employees their desires through an election.
D) Appealing to the U.S. Circuit Court for a decision.

Question 15

__________ provisions require employees to contribute a sum equal to membership dues to the union, but they are not required to join the union.

A) Open shop
B) Agency shop
C) Closed shop
D) Union hiring hall

Question 16

NLRB and court decisions have determined that some types of workers can be excluded from the usual appropriate bargaining units determination, including which of the following?

A) Specialists
B) Generalists
C) Temporary employees
D) Full-time employees

Question 17

The phrase "members in good standing" found in the union security clause refers to:

A) Employees are to join the union 30 to 90 days after being hired.
B) Employees required to pay union dues.
C) Employers are only allowed to hire union members.
D) Employers have the option to choose either full or limited membership.

Question 18

In a _______ election, the bargaining unit members decide if they desire to nullify the union shop provisions in their agreement.

A) Political
B) Union board
C) Deauthorization
D) Certification

Question 19

A union has exclusive bargaining rights for all employees:

A) Who are union members.
B) Within the bargaining unit.
C) In the company.
D) Who have paid dues.

Question 20

The interests of the general public were served by the 1935 National Labor Relations Act primarily because it:

A) Provided for closed shops.
B) Encouraged collective bargaining to minimize industrial strife.
C) Provided for dues checkoff.
D) Outlawed unfair labor practices.

Question 21

Which of the following actions by an employer during a representation election is legal?

A) Offering employees wage increases.
B) Threatening reprisals if the union wins.
C) Stating that if the union wins, future layoffs will be necessary.
D) Discourage unionization.

Question 22

The ______ reviews the evidence of bargaining unit appropriateness and considers each case individually.

A) NLRA
B) AFSCME
C) NEA
D) NLRB

Question 23

A __________ unit is composed of all the members of one department in a larger organization.

A) Remaining
B) Healthcare
C) Departmental
D) Multiemployer

Question 24

A _______ may be required if none of the choices receives a majority of the votes cast.

A) Union security
B) RC petition
C) Runoff election
D) Representative election

Question 25

The basic underlying principle for the _____'s determination of an appropriate unit is that only employees having a substantial mutuality of interest in wages, hours, and working conditions can be appropriately grouped in that unit.

A) Master agreement
B) NLRB
C) NLRA
D) NEA

Question 26

A union organizing drive is usually started by a paid union organizer or:

A) A group of dissatisfied workers.
B) A group of mid-management personnel.
C) The NLRB.
D) A federal mediator.

Question 27

When a union receives a majority votes in a representation election:

A) It may have failed because 51% of the votes of the bargaining unit are required.
B) It can demand the employer agree to a contract within one year.
C) It is certified as the bargaining agent for that unit.
D) It then must seek the signatures of all employees of the unit to be certified.

Question 28

Which of the following is not a service that a local union might expect from a national union?

A) Naming rights
B) Negotiation assistance
C) Strike fund support
D) Organizing assistance

Question 29

The honesty and fairness of a secret ballot representation election is the responsibility of the:

A) U.S. Supreme Court.
B) Regional Circuit Court.
C) Local Board of Elections.
D) NLRB.

Question 30

Under the NLRA, the term "_____" includes corporations.

A) Employers
B) Persons
C) Workers
D) Supervisors

Question 31

_________ benefits the union by stopping any rival unions for at least one year.

A) Certification
B) Decertification
C) National trends
D) AFL-CIO

Question 32

The primary purpose of an NLRB certification election is to:

A) Resolve any question as to whether the union represents the bargaining unit.
B) Resolve any question of the exact length of a contract.
C) Allow employees to show management what they think of it.
D) Resolve employee grievances.

Question 33

The nationwide contract that Ford Motor Company signed with the United Auto Workers is termed the _____.

A) National Agreement
B) Common Agreement
C) First Tier Contract
D) Labor Agreement

Question 34

Under the fair representation requirement, every employee grievance must be pursued to arbitration if the employee so demands.

Question 35

In 2005, Oklahoma became the 22^nd right-to-work state.

Question 36

Which of the following would most likely appear in a local agreement?

A) Recognition clause
B) Union shop
C) Grievance procedure
D) Shift starting time

Question 37

The slogan, "One shop, one union" typifies the business agent seeking to organize workers at one workplace with the same employer regardless of their jobs.

Question 38

Employees of a common work site who do not fit the criteria of any craft or industrial union of that site will likely be:

A) Considered management.
B) Added to the smallest craft union.
C) Combined into a residual unit.
D) Denied entry into a bargaining unit.

Question 39

A 2002 study confirmed that union membership density is significantly lower in right-to-work states in comparison to no-right-to-work states.

Question 40

Supporters of right to work legislation contend that it helps labor at the negotiating table.

Question 41

Union security refers to union's ability to grow and to perform its exclusive collective bargaining role without interference from management, other unions, or other sources.

Question 42

Free riders are employees who are covered by a collective bargaining agreement but are not union members. They are required to pay something to the union for the bargaining and representation services they receive.

Question 43

Per capita income is generally lower in right-to-work states.

Question 44

It is often to the advantage of the union to have an accretion.

Question 45

Employees may not file a petition seeking an election to determine if a currently recognized union still has majority support among the employees.

Question 46

Nurses who supervise others and make independent decisions are probably excluded from the representation petition.

Question 47

Unions are generally stronger in right-to-work states.

Question 48

If an employee and a bargaining unit have a history of collective bargaining, the NLRA will usually maintain a master agreement.

Question 49

About 50% of all cases involving collective bargaining have ended in peaceful, nonstrike negotiations.

Question 50

A stipulated unit may not violate principles in the NLRA or established board policy.

Question 51

A union hiring hall provision requires those who are union members at the time a union contract is entered into) to remain union members but only for the duration of the agreement.

Question 52

Agricultural workers are excluded from coverage under the AFSCME.

Question 53

Employees may file a formal complaint to rescind a union shop agreement.

Question 54

After an employer enters a multi-employer agreement, it may withdraw from the agreement or subsequent negotiations for a new agreement.

Question 55

When the employer and union cannot agree on the appropriate bargaining unit, Section 9 of the NLRA provides that the NLRB will decide.

Question 56

The NLRB cannot become involved in disputes involving secondary boycotts.

Question 57

The Senate may decide that a new class of employees should not be added to an existing bargaining unit in order that a separate identity is maintained.

Question 58

Craft unions usually negotiate agreements that cover a geographic region.

Question 59

The unions may delegate to a regional director the authority to determine the appropriate bargaining unit.

Question 60

The National Labor Relations Act does not forbid federal government employees from collective bargaining.

Question 61

The honesty and fairness of a secret ballot representation election is the responsibility of the U.S. Supreme Court.

Question 62

Privately owned nonprofit hospitals are not exempt from the National Labor Relations Act.

Question 63

In 2000, the NLRB reversed its decision in M.S. Sturgis in Oakwood Care Center and ruled that full-time employees of one employer could not be in the same bargaining unit as employees who were jointly employed.

Question 64

Whenever a union member performs as a steward, his/her authority is limited to the job site.

Question 65

Industrial unions generally represent the less skilled trades.