Deck 10: Unfair Labor Practices and Contract Enforcement

Question 1

Which of the following actions taken by union members is most likely to be condemned by the NLRB?

A) distributing union literature among employees
B) soliciting support for a union from fellow employees
C) holding election-day raffles
D) wearing union buttons and insignias

Answer 1

C

Question 2

In the Electromation case, the Supreme Court ruled that the employer-created work committees comprising both employees and managers that met to discuss working conditions were a violation of the ________.

A) National Labor Relations Act
B) Fair Labor Standards Act
C) Worker Adjustment and Retraining Notification Act
D) Selective Training and Service Act

Answer 2

A

Question 3

Which of the following statements is true regarding a labor-management team created to consider employment issues in a unionized organization?

A) The creation of such teams is illegal when there is a union to represent the employees.
B) All the members of this team must be appointed by management.
C) Such a team can be created only when most employees support the incumbent union.
D) Such a team should contain more union members than management.

Answer 3

D

Question 4

Unfair labor practices are certain actions taken by employers or unions that violate the ________.

A) Servicemen's Readjustment Act
B) Class Action Fairness Act
C) National Labor Relations Act
D) Secure Fence Act

Question 5

With reference to the National Labor Relations Act, which of the following statements is true of the employees' right to solicit support for a union?

A) Employees are allowed to solicit support for a union from their fellow employees during working times.
B) Employees are not allowed to solicit support for a union from their fellow employees on the employer's property.
C) Employees are allowed to distribute union literature at the workplace.
D) Employers in retail businesses can prohibit union solicitation by employees in areas where the public is invited.

Question 6

With reference to union activities, a "salt" is ________.

A) an employee who switches support between two competing unions in a workplace
B) a union representative who solicits support for a union by threatening workers
C) a management representative who actively voices support for union activities
D) a paid union organizer who secures a job in a workplace in order to organize a union

Question 7

Which of the following actions by an employer is most likely to be considered a violation of the NLRA?

A) not allowing employee use of a company bulletin board
B) providing financial support to a union
C) forming a joint labor-management team to consider employment issues
D) granting benefits during campaign consistent with past practice as to timing and amount

Question 8

The primary objective of the NLRA is to ________.

A) provide adequate compensation to injured employees
B) encourage collective bargaining
C) ensure job security for whistleblowers
D) ensure that workers are informed in advance about an impending layoff

Question 9

An employer can implement a no-solicitation policy for employees during both work and nonwork hours if that policy ________.

A) extends to all types of solicitation
B) is approved by the union
C) allows the distribution of union literature at the workplace
D) is applicable only to union solicitation

Question 10

Which of the following terms refers to any action by employees to legitimately further their common interests pursued on behalf of or with other employees, and not solely by and on behalf of an individual?

A) concerted activity
B) intrinsic activity
C) displacement activity
D) correlation activity

Question 11

Which of the following activities related to organizing a bargaining unit is an unfair labor practice?

A) not letting nonemployees solicit union support outside of working time on employer's premise if union has any other access
B) not letting employees distribute union material outside of working time in nonworking areas
C) not letting employees solicit union support during working time on or off of employer's premises
D) not allowing use of a bulletin board and meeting halls for any non-job-related business

Question 12

A long-standing NLRB precedent provides that an employer who entertains a good-faith reasonable doubt whether a majority of its employees support an incumbent union can ________.

A) request a formal board-supervised election
B) appoint an employee team to replace the union
C) request that the NLRB accept the leadership of the union
D) implement a new contract without consulting the union

Question 13

The 24-hour rule prohibits ________ within 24 hours of a scheduled election.

A) the distribution of union material in working areas
B) organizational campaign speeches on company time
C) access to employees by union representatives
D) surveillance of union members

Question 14

With reference to union solicitation, which of the following employer actions is considered an unfair labor practice?

A) An employer refuses a nonemployee access to its property because there are other means to reach the employees.
B) An employer implements a no-solicitation policy for employees during work or non-work hours, and that policy extends to all types of solicitation.
C) An employer allows its employees to access its bulletin board, but prohibits union solicitation material from being displayed on the board.
D) An employer prohibits the wearing of union buttons because it can cause damage to the product.

Question 15

Which of the following terms refers to the employer's conduct that is not motivated, or at least not entirely motivated, by legitimate and substantial business reasons, but by a desire to penalize or reward employees for union activity or lack of it?

A) sickout
B) concerted activity
C) antiunion animus
D) surface bargaining

Question 16

The NRLB protects the right of employees to distribute union literature ________.

A) during working times and at the workplace
B) during nonworking times and at nonworking areas
C) during working times and at nonworking areas
D) during nonworking times and at the workplace

Question 17

In a ________ discrimination case, the employer puts forth only the legitimate business reason, but the complainant asserts that the prohibited reason is the true cause for the action.

A) dual-motive
B) pretext
C) two-point
D) systematic

Question 18

Which of the following activities related to election campaigning is a fair labor practice?

A) making campaign speeches on company time within 24 hours of an election
B) electioneering near the polls
C) promising or granting benefits during a campaign that are inconsistent with past practice
D) communicating general views about possible economic consequence of unionization

Question 19

Under which of the following circumstances is the NLRB most likely to overturn a representation election?

A) Union organizers contact employees outside the workplace to solicit support.
B) The employer polls employees to determine if there is majority support for a union.
C) An employee who does not support the union is threatened by a union organizer.
D) The employer is in the process of acquiring another company.

Question 20

________ in any form has been held a violation of the unfair labor practices section of the National Labor Relations Act.

A) Discriminatory action
B) Union solicitation
C) Union election
D) Employee surveillance

Question 21

When a strike is called because two unions are in dispute as to whose workers deserve the work, it known as a ________ strike.

A) featherbedding
B) recognitional
C) jurisdictional
D) rolling

Question 22

The zipper clause is also known as a ________ clause.

A) severability
B) wrap-up
C) scope
D) escape

Question 23

During ________, a union exerts economic pressure on a neutral party indirectly related to the primary employer. The neutral party then exerts pressure against the primary employer.

A) a lockout
B) featherbedding
C) a secondary boycott
D) a wildcat strike

Question 24

Employees have no statutory right to use an employer's bulletin board.

Question 25

________ is a practice where union officials pressure organizers into disclosing sensitive personal information. This information is recorded on a piece of paper and then the organizers are strongly urged to tell their personal stories of abuse or neglect to workers they were trying to organize in order to gain their support.

A) Featherbedding
B) Pink sheeting
C) Surface bargaining
D) Boulwarism

Question 26

If an employer implements a no-solicitation policy for employees during work or non-work hours then it will not be considered an unfair labor practice if that policy extends to all types of solicitation.

Question 27

A ________ strike refers to an economic strike conducted by a minority of the workers without the approval of the union and in violation of a no-strike clause in an existing contract.

A) wildcat
B) ground
C) sickout
D) general

Question 28

Which of the following statements is true regarding an opener clause?

A) It is a negotiated contract provision of a collective bargaining agreement that restricts either party from requiring the other party to bargain on any issue that was not previously negotiated in the agreement for the term of the contract.
B) It is an agreement provision that allows future negotiations during the term of the contract on specific mandatory issues such as wages or health care.
C) It is a negotiated contract provision stating that union members of one employer have the right to refuse to handle nonunion or struck goods of other employers.
D) It is an agreement provision that protects the rest of the contract should one section come into conflict with state or federal law.

Question 29

Most contracts contain a ________ clause that protects the rest of the contract should one section come into conflict with state or federal law.

A) escape
B) zipper
C) severability
D) opener

Question 30

Which of the following is the most common form of concerted activity?

A) lockouts
B) surface bargaining
C) strikes
D) dual-motive discrimination

Question 31

During a negotiation, in which of the following situations can an employer bypass the union and communicate the offer directly to the employees?

A) The union representatives insist on taking the contract back for a vote of union members before acceptance.
B) The employer provides financial support to the union.
C) The employer has a good-faith reasonable doubt about whether a majority of its employees support the incumbent union.
D) The union refuses the final offer during the contract negotiation.

Question 32

What is a hot cargo agreement?

A) It is an agreement provision that allows future negotiations during the term of the contract on specific mandatory issues such as wages or health care.
B) It is an agreement provision that protects the rest of the contract should one section come into conflict with state or federal law.
C) It is a negotiated contract provision of a collective bargaining agreement that restricts either party from requiring the other party to bargain on any issue that was not previously negotiated in the agreement for the term of the contract.
D) It is a negotiated contract provision stating that union members of one employer have the right to refuse to handle nonunion or struck goods of other employers.

Question 33

Which of the following indicates bad-faith bargaining on the part of an employer?

A) The employer develops its BATNA before the bargaining begins.
B) The employer refuses to make counter-proposals.
C) The employer does not disclose its true resistance point during the bargaining.
D) The employer insists on putting the agreement in writing only after all issues are agreed to.

Question 34

The ________ clause is a provision of a collective bargaining agreement that restricts either party from requiring the other party to bargain on any issue that was not previously negotiated in the agreement for the term of the contract.

A) opener
B) escape
C) zipper
D) severability

Question 35

According to the NLRA, employees are allowed to solicit support for a union from their fellow employees during working times.

Question 36

A partial strike involves ________.

A) a takeover of the employer's property
B) work slowdowns or refusal to work overtime
C) striking without the approval of the union
D) all the employees calling in sick to work

Question 37

Appeals to replacement workers or delivery people not to cross a picket line or appeals to employees of subcontractors not to continue work essential to the operation are examples of activities included in a ________.

A) lockout
B) wildcat strike
C) sickout
D) primary boycott

Question 38

According to the NLRA, distribution of union literature at the workplace is not restricted in anyway.

Question 39

Which of the following types of strikes involves a union trying to pressure the employer to make work for union members through the limitation of production, increasing the amount of work to be performed, or other make-work arrangements?

A) featherbedding
B) recognitional
C) jurisdictional
D) rolling

Question 40

Actions that thinterfere, restrain, or coerce employees in the exercise of their right to unionize or not to unionize are considered unfair labor practices.

Question 41

Concerted activity must involve union leadership or membership to be protected.

Question 42

The act by either party of simply going through the motions of negotiating without any real intention of arriving at an agreement is known as arena bargaining.

Question 43

Bypassing the bargaining representation by attempting to negotiate directly with employees is often held as a violation of the duty to bargain in good faith.

Question 44

If joint labor-management teams or committees are created to consider employment issues and a union represents the employees, such teams should contain fewer union members than management.

Question 45

Employee teams who have the authority to make decisions, but act without obtaining employer approval are illegal labor organizations.

Question 46

A union employee cannot refuse to attend a meeting with management without a union representative.

Question 47

Discriminatory acts by the employer in compliance with a union shop provision in a collective bargaining agreement do not violate the NLRA.

Question 48

An employer can allow its employees access to its bulletin board, but prohibit union solicitation material from being displayed on the board.

Question 49

Any retaliation against employees participating in a primary strike is an unfair labor practice.

Question 50

Boulwarism is a collective bargaining approach in which management presents its entire proposal as its final offer, holding nothing back for further negotiations.

Question 51

Discrimination against employees, based on their union activities, is an unfair labor practice.

Question 52

The 24-hour rule prohibits union members from attending large union assemblies within 24 hours of a scheduled election.

Question 53

Replacing striking workers with permanent employees during an economic strike is an unfair labor practice on the part of an employer.

Question 54

On election day, prolonged conversations between company or union officials and the voters are prohibited.

Question 55

A strike called because two unions are in dispute about whose workers deserve the work is known as a featherbedding strike.

Question 56

A sickout is a type of strike in which the employees take over the employer's property.

Question 57

During a strike, violent activity can result in the removal of the participants from the protection of the National Labor Relations Act.

Question 58

Employer support of one of two competing unions is considered a violation of the NLRA.

Question 59

Union picketing for recognition for longer than 30 days without filing an election petition is an unfair labor practice.

Question 60

Electioneering outside a 100-foot radius from polls is an unfair labor practice.

Question 61

Violation of a provision of a collective bargaining agreement is not in and of itself an unfair labor practice.

Question 62

The obligation of the union representative to take a contract back for a vote of union members before acceptance is not a violation of the duty to bargain in good faith.

Question 63

The opener clause is sometimes referred to as a severability clause.

Question 64

A hot cargo agreement is an agreement provision that protects the rest of the contract should one section come into conflict with state or federal law.

Question 65

The NLRA gives employees the right to refrain from union activities.