Question 1

Which of the following begins after a union has been certified or recognized?

Accepted Answer

After a union has been certified or recognized, the process that begins is the collective bargaining process, which is the negotiation process between the union and the employer to come to a collective agreement on terms and conditions of employment. The individual bargaining process refers to negotiations between individual employees and the employer, and the good-faith bargaining process refers to the legal obligation of both parties to engage in genuine and meaningful negotiations. The appropriate bargaining process is not a recognized term in labor relations.

Question 2

Once a valid representation election has been held and there has been either a certification of a representative union or a majority vote for no union, there cannot be another election for .

Accepted Answer

According to the National Labor Relations Board (NLRB) rules, once a valid representation election has been held, there cannot be another election for one year. This is known as the "certification bar" or "election bar" period.

Question 3

of the National Labor Relations Act prohibits restraint or coercion of employees in the exercise of their Section 7 rights.

Accepted Answer

Section 8(b)(1) of the National Labor Relations Act prohibits labor organizations from restraining or coercing employees in the exercise of their Section 7 rights. Section 8(a)(3) prohibits employers from discriminating against employees who exercise their rights under Section 7, while Section 8(a)(5) prohibits employers from refusing to bargain collectively with their employees. Section 8(b)(2) prohibits labor organizations from causing an employer to discriminate against employees who are not members of the union.

Question 4

Explain the exceptions to the interpretation of the U.S. Supreme Court with regard to labor- management committees and discuss how these committees are found to be unlawful.

Accepted Answer

The answer of Explain the exceptions to the interpretation of...

Question 5

Section 8(b)(7) of the National Labor Relations Act prohibits .

Accepted Answer

Section 8(b)(7) of the National Labor Relations Act prohibits picketing for recognition when another union has been certified. It is known as the "recognition bar" and prevents unions from conducting recognition picketing for a period of time after another union has been recognized as the bargaining agent.

Question 6

If an employer recognizes a union that does not represent the majority of employees, that is a violation of Section 8(a)(2), even if the employer was acting in good faith.

Accepted Answer

This is because recognizing a union that does not represent the majority of employees undermines the democratic process that is the foundation of the National Labor Relations Act (NLRA). Section 8(a)(2) of the NLRA prohibits employers from interfering with the selection of a bargaining representative by their employees. Therefore, recognizing a minority union undermines the employees' right to choose their own representative.

Question 7

Which of the following ensures the employees the fullest freedom in exercising the rights guaranteed by the National Labor Relations Act?

Accepted Answer

An appropriate bargaining unit ensures employees can exercise their rights under the National Labor Relations Act by grouping them in a way that allows for effective collective bargaining.

Question 8

A union unlawfully supported by an employer will be disestablished; that is, it may never again represent those employees.

Accepted Answer

A union unlawfully supported by an employer may be disestablished, but it is not permanently barred from representing employees in the future if it gains lawful support.

Question 9

If a union obtains signed authorization cards from more than 50 percent of an appropriate employee unit, it may ask the employer to recognize the union on the basis of this showing of majority support alone.

Accepted Answer

This is known as majority sign-up or card check recognition. If the employer agrees to recognize the union, no election is required. However, if the employer challenges the showing of majority support, an election through the National Labor Relations Board (NLRB) may be necessary to determine whether the union should be recognized as the bargaining representative for the employees.

Question 10

Which of the following is true of the subjects of bargaining?

Accepted Answer

Contract clauses that would require unlawful discrimination by the employer are illegal terms that are excluded from the bargaining process. The other options are incorrect. Failure to bargain over mandatory subjects of bargaining can lead to unfair labor practice charges. Commitment of capital and basic scope of the enterprise are permissive subjects, meaning they are not mandatory. Inclusion of a permissive subject in one year does not make it a mandatory subject in future bargaining.

Question 11

The 24-hour rule prohibits both union representatives and employers from contacting each other within 24 hours of a representation election.

Accepted Answer

The 24-hour rule only applies to employers, not union representatives. After a representation election, employers are prohibited from interrogating employees or making threats or promises related to unionization within 24 hours. However, union representatives are free to contact employees during this time period.

Question 12

Which of the following is true of the collective bargaining process?

Accepted Answer

Failure of the employer to bargain in good faith is considered an unfair labor practice under Section 8(a)(5) of the National Labor Relations Act. The Act requires parties to bargain in good faith but does not mandate reaching an agreement or allow the NLRB to impose contract terms.

Question 13

Section 8(a)(1) of the National Labor Relations Act prohibits .

Accepted Answer

Section 8(a)(1) of the National Labor Relations Act prohibits employers from interfering with, restraining, or coercing employees in the exercise of their rights guaranteed in Section 7, which includes the right to self-organization, to form, join, or assist labor organizations, and to engage in other concerted activities for mutual aid or protection.

Question 14

In determining whether a proposed bargaining unit is appropriate, the National Labor Relations Board considers primarily whether .

Accepted Answer

The NLRB considers primarily whether there is a mutuality of interest among the proposed members of the unit when determining whether a proposed bargaining unit is appropriate. This means that the members of the proposed unit share enough common interests and working conditions that they can effectively bargain collectively for better workplace conditions and wages.

Question 15

A single department of highly skilled employees cannot be an appropriate bargaining unit.

Accepted Answer

A single department of highly skilled employees can be an appropriate bargaining unit depending on the specific circumstances and labor laws in the jurisdiction. The determination of an appropriate bargaining unit is typically based on factors such as common job duties, terms and conditions of employment, and community of interest among employees.

Question 16

Labor-management committees provide a forum in which workers can communicate directly with upper management.

Accepted Answer

Labor-management committees exist for the purpose of facilitating communication between management and workers. This allows for a more direct and collaborative approach to solving workplace issues and improving working conditions.

Question 17

In the case of nonemployee organizers, an employer's private property rights will be protected.

Accepted Answer

Private property rights extend to employers, and nonemployee organizers do not have the right to conduct their activities on private property without the employer's consent. Therefore, an employer's private property rights will be protected against nonemployee organizers.

Question 18

Which of the following is a permissive subject of bargaining?

Accepted Answer

Permissive subjects of bargaining are those that are not mandatory or illegal to discuss in collective bargaining. The scope of the enterprise is a permissive subject, as it relates to the broader business decisions rather than direct employment terms.

Question 19

Under the good-faith bargaining process, when parties are intent on terminating or modifying an existing contract, they must give days notice to the other party with an offer to confer over proposals.

Accepted Answer

According to the good-faith bargaining process, when parties are intent on terminating or modifying an existing contract, they must give 60 days notice to the other party with an offer to confer over proposals.

Question 20

It is not unlawful for an employer to refuse to allow workers to post organizing notices on a company bulletin board on which employees have previously been allowed to post only "for sale" cards.

Accepted Answer

Employers have the right to impose reasonable restrictions on the use of company bulletin boards and are not required to allow employees to post organizing notices. As long as the restrictions are applied uniformly and are not discriminatory, the employer's actions are lawful.

Quiz 20: Laws Governing Labor-Management Relations