Deck 4: Establishing a Bargaining Unit and the

Question 1

Which of the following doctrines refers to a criterion used by the NLRB to evaluate a group of employees and determine whether they constitute an appropriate bargaining unit?

A) Globe doctrine
B) Mackay doctrine
C) community-of-interest doctrine
D) contract bar doctrine

Answer 1

C

Question 2

During a union organizing campaign, which of the following requirements must be fulfilled to qualify for an NLRB-sponsored election?

A) The employer must request the NLRB to conduct the election.
B) There should be more than 1000 employees in the bargaining unit.
C) 30 percent of the workforce should sign authorization cards.
D) The employer must prove that the union organizers are engaging in unfair labor practices.

Answer 2

C

Question 3

Under the ________ doctrine, the board identified certain industries whose operations were so integrated that craft workers could not be taken from the unit without affecting the stability of labor relations.

A) community-of-interest
B) Globe
C) sovereignty
D) National Tube

Answer 3

D

Question 4

After multiemployer collective bargaining has begun, an employer may withdraw with ________.

A) the permission of the Federal Labor Relations agency
B) the consent of the other employers in the multiemployer bargaining unit
C) the union's consent
D) the permission of the Federal Mediation and Conciliation Service

Question 5

An on-the-job union representative who carries out the responsibilities of the union in the plant at the departmental level is known as a(n) ________.

A) free rider
B) steward
C) early adopter
D) business agent

Question 6

If a company and a union in the company agree on the bargaining unit represented by the union and inform the NLRB about it then the NLRB accepts the bargaining unit, provided it does not violate principles in the National Labor Relations Act or established board policy. The bargaining unit thus formed is known as the ________ unit.

A) residual
B) stipulated
C) departmental
D) remaining

Question 7

The underlying principle for the NLRB's determination of an appropriate unit is that only employees who have ________ can be appropriately grouped in that unit.

A) the same number of years of total work experience
B) similar wages, hours, and working conditions
C) similar cultural and regional backgrounds
D) the same educational background

Question 8

Which of the following statements is true regarding an appropriate bargaining unit?

A) The Federal Mediation and Conciliation Service is authorized to determine the appropriateness of a bargaining unit.
B) There are rigid and constrictive regulations for dealing with recognition cases.
C) The board that determines the appropriateness of a bargaining unit is authorized to do so by the Wagner Act.
D) The board that determines the appropriateness of a bargaining unit is not required to choose the most appropriate unit, only an appropriate unit.

Question 9

Which of the following terms refers to a practice of allowing the addition of new employees and jobs to existing bargaining units provided their work satisfies the same criteria of the original unit?

A) logrolling
B) attrition
C) moonlighting
D) accretion

Question 10

________ units consist of employees left unrepresented after the bulk of the employees are organized, such as janitors and sales people.

A) Departmental
B) Craft
C) Stipulated
D) Residual

Question 11

To discourage unionization, a manager is allowed to ________.

A) threaten to close the facility if a union is voted in
B) tell employees that the law permits the company to permanently replace them if there is a strike
C) promise employees a promotion if they vote against the union
D) visit employees' homes for the purpose of urging them to reject the union

Question 12

Which of the following statements is TRUE of an industrial union?

A) Industrial unions are generally composed of highly skilled workers.
B) An industrial union is not required to show it represents a majority of the employees in an appropriate bargaining unit before it bargains with the employer.
C) Organizations of autoworkers or rubber workers are examples of industrial unions.
D) Industrial workers can be hired for jobs only after they accept the membership of an industrial union.

Question 13

Which of the following terms refers to a program during which union members are encouraged by their union to seek employment at a nonunion company and once hired, they promote unionization in the nonunion company?

A) moonlighting
B) salting
C) dumping
D) astroturfing

Question 14

A manager cannot tell employees that ________ in order to discourage unionization.

A) the law permits the company to permanently replace them if there is a strike
B) management does not believe the employees need third-party representation
C) they will get a pay increase or better benefits if they vote against the union
D) they can actively campaign against the union

Question 15

The ________ is authorized to decide on a case-by-case basis the "appropriate bargaining unit" of employees for collective bargaining purposes.

A) Federal Labor Relations Authority
B) General Services Administration
C) National Labor Relations Board
D) Federal Mediation and Conciliation Service

Question 16

The full-time administrator of a local union paid to handle the negotiation and administration of the union contract as well as the daily operation of the union hiring hall is known as the ________.

A) free rider
B) boundary spanner
C) cheap rider
D) business agent

Question 17

Which of the following national unions is a part of the Change to Win Coalition?

A) International Union of Operating Engineers
B) International Brotherhood of Teamsters
C) International Association of Fire Fighters
D) Brotherhood of Railroad Signalmen

Question 18

Which of the following terms refers to a movement initiated by dissatisfied employees or a salaried staff member of a union to submit a representation petition to the NLRB and win a representation election?

A) operant conditioning
B) social loafing
C) organizing drive
D) arbitration

Question 19

Which of the following statements is TRUE of an employee's right to solicit union support?

A) An employee can solicit support for the union during work hours.
B) An employee can never solicit support for the union on the employer's property.
C) A nonemployee can solicit union support on the employer's property irrespective of the availability of the other means.
D) An employee can solicit support for the union after the regular workday on the employer's property.

Question 20

Which of the following statements is TRUE of the operation of a construction industry unit?

A) In the construction industry, an employer may begin to bargain with a union before any employees are hired for a new project.
B) A construction industry unit is required to show that it represents a majority of the employees in an appropriate bargaining unit before it bargains with the employer.
C) For a Project Labor Agreement to be applicable, it is required that only union labor is used on the project.
D) A Project Labor Agreement gives a union leverage in securing necessary permits, resulting in a "labor monopoly" on the project.

Question 21

Which of the following statements is TRUE of certification of a union by the NLRB using a secret-ballot election?

A) Once a union is certified by the NLRB, its status is binding on the employer for at least two years, during which time the employer must bargain with it.
B) It is mandatory for a certified union to undergo a recertification election every two years.
C) If a certified union fails to reach its first contract within two months of bargaining, then it is penalized under the NLRA.
D) The NLRB will not entertain a rival certification petition for a bargaining unit represented by a certified union within the first year.

Question 22

At the time of an election, an employer can ________ without violating the NRLA.

A) threaten employees with loss of their job if they cast their vote during the election
B) communicate general views about unionism
C) promise economic benefits to the employees if they reject unionization
D) ask employees how they are going to vote in an election

Question 23

An AC petition is filed with the NLRB ________.

A) to request that an appropriate unit be certified
B) to determine whether a recognized union still has the support of employees
C) to request that a change of circumstances be recognized
D) when a union no longer represents the majority of the employees

Question 24

Typically, employees are allowed to distribute union literature ________.

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

Question 25

The NLRB considers the extent of unionization by a bargaining unit to be the controlling factor in unit determination.

Question 26

Which of the following petitions is filed with the NLRB to request the clarification of the composition of a bargaining unit currently certified?

A) RC petition
B) UC petition
C) UD petition
D) AC petition

Question 27

An RD petition is filed with the NLRB to ________.

A) seek the certification of an appropriate unit
B) determine whether a recognized union still has the support of employees
C) rescind a union shop agreement provided it is supported by 30 percent or more of the employees
D) request recognition of a change of circumstances such as a change of union name

Question 28

The Mackay doctrine established the NLRB policy to give weight to employee wishes when determining an appropriate bargaining unit.

Question 29

The successive election held when a representation election involving three or more choices results in no one choice receiving the majority vote is known as a ________ election.

A) rolling
B) decertification
C) runoff
D) deauthorization

Question 30

The union has exclusive bargaining rights for only those employees within the bargaining unit who join the union.

Question 31

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 32

The first step in the election process to attain union certification is to ________.

A) conduct an internal secret-ballot election to assess the level of support before filing a representation petition
B) investigate the background of the voters
C) file a representation petition at the office of the appropriate regional director
D) obtain a list of eligible voters' names and addresses from the employer

Question 33

An employer who entertains a good-faith reasonable doubt whether a majority of its employees supports an incumbent union can, under established NRLB precedent, ________.

A) request a formal board-supervised election
B) appoint an employee team to replace the union
C) request the NLRB to accept the leadership of the union
D) unilaterally determine wages and benefits without consulting the union

Question 34

Which of the following petitions should be filed with the NLRB by 30 percent or more of the employees to rescind a union shop agreement?

A) UD petition
B) RD petition
C) UC petition
D) AC petition

Question 35

Which of the following is true of decertification petitions?

A) The union investigates the validity of the decertification petition.
B) Decertification petitions must be filed by both the employer and employees.
C) A union cannot be decertified by a simple majority vote.
D) Only employees can file a decertification petition.

Question 36

The Labor-Management Relations Act authorizes the Federal Labor Relations Authority to decide on a case-by-case basis the "appropriate bargaining unit" of employees for collective bargaining purposes.

Question 37

When the employer and union cannot agree on the unit, the Office of Advisory
Committee Management decides on "the unit appropriate for the purposes of collective bargaining."

Question 38

If the bargaining unit members decide that they desire to nullify the union shop provision in their agreement, then it must be passed by a majority of the bargaining unit members. The election held for this purpose is known as the ________ election.

A) rolling
B) deauthorization
C) runoff
D) decertification

Question 39

Picketing a neutral party in order to have that neutral party pressure the targeted employer on the union's behalf is known as ________ picketing.

A) primary
B) wildcat
C) secondary
D) rolling

Question 40

According to the ________ doctrine, the use of authorization cards is allowed as a substitute for a certification election when an employer's actions amount for unfair labor practices and when the results of an election may be unreliable.

A) sovereignty
B) severability
C) Gissel
D) Globe

Question 41

Although the AFL-CIO is itself not a union, it represents U.S. labor in world affairs and coordinates union activities such as lobbying and voter registration.

Question 42

The National Labor Relations Act defines a supervisor as "someone using independent judgment to assign and direct the work of other employees in the interest of the employer."

Question 43

A union must present evidence of employee support before a representation election is held.

Question 44

Employees can solicit union support even on the employer's property on their own time.

Question 45

The considerations used to determine the appropriateness of a bargaining unit are not legally binding formulas but an exercise in rational examination of the facts of an individual case.

Question 46

A craft unit is a bargaining unit composed exclusively of workers with a specific and recognized skill, such as electricians or plumbers.

Question 47

The National Labor Relations Act prohibits an employer from refusing to hire an applicant because of his or her union affiliation.

Question 48

Employees have no statutory right to use an employer's bulletin board, meeting halls, or mailboxes.

Question 49

An RC petition is filed with the NLRB to request clarification of the composition of a bargaining unit currently certified.

Question 50

Supervisors enjoy the collective bargaining rights granted under the National Labor Relations Act.

Question 51

If a union wins a secret-ballot election, the employer must recognize and collectively bargain with the union, but is not required to agree to any issue or a contract.

Question 52

Only 30 percent of the workforce needs to sign authorization cards to qualify for an NLRB-sponsored election for union organization.

Question 53

Similar wages, hours, working rules, and conditions of employment can define a community of interest in the public sector.

Question 54

According to the National Labor Relations Act, supervisors can be included in a bargaining unit.

Question 55

A construction industry unit is required to show that it represents a majority of the employees in an appropriate bargaining unit before it bargains with the employer.

Question 56

Industrial unions are generally composed of highly skilled workers.

Question 57

In 2005, seven national unions split from the Change to Win Coalition to form the AFL-CIO.

Question 58

Employees can be prohibited from wearing union buttons or insignias if that can cause damage to a product, or offend or distract customers.

Question 59

Collective bargaining can be conducted between a group of related employers and representatives of their employees.

Question 60

Elected officials of local industrial unions become full-time administrators of the local union and are paid to handle the negotiation and administration of the union contract.

Question 61

The NLRB prohibits any electioneering at or near the polls in a campaign.

Question 62

Once a union is certified by the NLRB, its status is binding on the employer for at least four years, during which time the employer must bargain with it.

Question 63

If a union loses a deauthorization election, the union still represents the employees in the bargaining unit and the rest of the collective bargaining agreement remains intact, but employees are not required to join the union.

Question 64

Once the NLRB has determined an election petition is valid, the employer is obligated to furnish to the petitioning union a list of eligible voters' names and addresses.

Question 65

Only employees can file a decertification petition, which must include 30 percent of the eligible members of the unit.