Question 1

Secondary boycotts:

Accepted Answer

Secondary boycotts are generally considered illegal under U.S. federal law, particularly under the National Labor Relations Act (NLRA). These involve a union trying to influence an employer by exerting pressure on another business or group, rather than directly on the employer with whom the union has the primary dispute.

Question 2

After a union's collective bargaining agreement expires,A union declares it will be engaging in a strike Which statement is correct?

Accepted Answer

Many states have enacted legislation prohibiting public employees from striking. This varies by state, but it is important to be aware of these laws when negotiating labor contracts and preparing for potential work stoppages.

Additionally, Choice B and C are incorrect. Management does have the right to hire replacement workers for this type of strike (referred to as an economic strike), and after the strike, the employer is generally obligated to hire back the striking workers, unless they were permanently replaced.

Choice D is also incorrect as Management may choose to lock out employees as a defensive measure if they believe a strike is imminent.

Question 3

Employees of Truan went on strike because Truan refused to bargain in good faith.After the strike,the striking workers are:

Accepted Answer

The striking workers are entitled to get their jobs back under the National Labor Relations Act (NLRA). The NLRA provides protections for workers who engage in protected concerted activities, such as strikes, and prohibits employers from retaliating against those workers. As a result, Truan cannot refuse to rehire the striking workers simply because they went on strike. However, the NLRA does not require Truan to immediately rehire all of the striking workers. Truan may be able to hire replacement workers during the strike, and the striking workers may only be entitled to get their jobs back as they become available.

Question 4

Ron and several fellow workers of Vicy,Inc.,a small manufacturing company,wished to organize a union.When Vicy learned of this activity,it issued a bulletin to all workers stating that a union will only hurt the company and that "we are a family that can solve any problems ourselves -- we do not need union activists from outside our company trying to tell us what to do!
-" Which statement is correct concerning the bulletin issued by Vicy?

Accepted Answer

The answer of Ron and several fellow workers of Vicy,Inc.,a...

Question 5

Ron and several fellow workers of Vicy,Inc.,a small manufacturing company,wished to organize a union.When Vicy learned of this activity,it issued a bulletin to all workers stating that a union will only hurt the company and that "we are a family that can solve any problems ourselves -- we do not need union activists from outside our company trying to tell us what to do!
-" Which statement is correct?

Accepted Answer

The National Labor Relations Act (NLRA) protects employees' rights to engage in collective bargaining and form unions. As long as the employees are not supervisors, managers, or employed in certain other categories, they have the right to organize a union regardless of the size of the company or the owners' opinions. Vicy cannot legally obtain an injunction to halt the unionizing drive based on their bulletin or any other reason.

Question 6

The management and union representatives of Prime Manufacturing are bargaining a new CBA.Management:

Accepted Answer

Management may use a lockout if the parties have reached an impasse in their bargaining process and management notifies the union before locking the employees out. This is in accordance with the National Labor Relations Act, which allows for lockouts under certain circumstances. Choices A, B, and D are incorrect because management cannot use a lockout at any time, cannot never use it, and cannot use it solely as a retaliatory measure.

Question 7

The duty of fair representation created by the NLRA and the LMRDA requires that:

Accepted Answer

The duty of fair representation requires that a union represent all members impartially and in good faith, regardless of whether the member is in agreement with the union or not. This means that the union cannot discriminate against any member and must fairly represent all members in bargaining, contract administration, and any other union-related matters.

Question 8

Mega Corp is negotiating a collective bargaining agreement with a union.The company claims it is not financially able to pay the wage increase the union is demanding.Which statement is correct?

Accepted Answer

The National Labor Relations Board (NLRB) has ruled that if an employer claims an inability to pay higher wages, the union has the right to inspect the financial records to verify the claim. If the employer refuses to allow the union to inspect the records, it could be considered an unfair labor practice. Thus, both statements are correct.

Question 9

All of the following might be in the same collective bargaining unit except:

Accepted Answer

The department manager is typically classified as management and therefore would not be included in the same collective bargaining unit as the other positions listed which are typically classified as non-management or support staff.

Question 10

A state law prohibits firefighters and school teachers from going out on strike.Though they are allowed to organize into collective bargaining units,state law prohibits them from striking.Such a state law:

Accepted Answer

State laws can prohibit certain groups of employees from going on strike, as long as they provide an alternative means of dispute resolution. In the case of firefighters and school teachers, their roles are deemed essential to the functioning of society, and therefore their ability to strike is restricted in order to prevent harm to the public. This type of restriction has been upheld by the courts and is considered legal.

Question 11

Which of the following is a non mandatory issue for collective bargaining?

Accepted Answer

Moving a plant is typically considered a management decision and not subject to collective bargaining. The other options (wages, hours, and benefits) are all common issues that are negotiated through collective bargaining.

Question 12

Employees of Mega Corp.have gone out on strike seeking better pay.Mega Corp.announces that if the union does not end the strike it will begin hiring replacement workers.Which statement is correct?

Accepted Answer

Under US labor laws, it is legal for companies to hire replacement workers during a strike. Therefore, Mega Corp. can hire replacement workers at any time during the strike, regardless of whether the collective bargaining agreement expressly gives the company the right to do so or whether the union was given prior notice. Hiring replacement workers is not considered an unfair labor practice.

Question 13

A company's collective bargaining agreement has expired and negotiations are underway for a new one.After one exhausting session,union leaders have decided management will not bargain in good faith.The union declares it will be going out on strike the following midnight if an agreement is not reached.The union:

Accepted Answer

The answer of A company's collective bargaining agreement has expired...

Question 14

Exec-Pac,Inc.is extremely opposed to having its employees organize.What is true about Exec-Pac's rights?

Accepted Answer

All of these answers are correct. Employers have the right to prevent interference with their work and speak out against unionization. However, they cannot offer better wages or benefits solely to prevent unionization as it violates labor laws.

Question 15

Zoe,who works as a retail clerk,wishes to talk with her co-workers about organizing a union.Her employer forbids her from talking with other workers about union activity in the presence of customers and threatens to fire her if she joins the union.Does the employer have a legal right to make this threat to Zoe?

Accepted Answer

The National Labor Relations Act (NLRA) protects employees’ rights to engage in protected concerted activity, including discussing unionizing and working conditions, with their co-workers regardless of when or where the conversation takes place. An employer is not permitted to threaten or retaliate against an employee who seeks to organize a union, which includes threatening to fire an employee for talking to co-workers about organizing a union. Therefore, option D is the correct answer.

Question 16

A union declares its workers are going on strike.The employer states the collective bargaining agreement is still in force for another eight months and that it contains a no-strike clause.The union claims the CBA's no-strike provision is not binding since new union leadership is in place.Which of the following statements is correct?

Accepted Answer

The no-strike clause in the collective bargaining agreement is still in force and binding regardless of changes in union leadership. Strikes to exert economic pressure on management are not prohibited by the NLRA, but the CBA can still contain a no-strike provision that is enforceable by law. Therefore, the union cannot legally go on strike while the CBA is still in effect.

Question 17

Kelly is upset with her supervisor and believes his conduct violates the terms of her union's collective bargaining agreement (CBA).The union filed a grievance on Kelly's behalf.Who will conduct the grievance hearing?

Accepted Answer

Typically, the grievance hearing is conducted by a member of the company's management team. This person is often referred to as an arbitrator and is agreed upon by both the union and the employer. The U.S. Court of Appeals and the National Labor Relations Board are not typically involved in the initial grievance process. A replacement worker would not be involved in the grievance process at all.

Question 18

An employer is in the process of negotiating a new contract with its union.During negotiations,the employer changed the workweek from a five-day,eight-hour-per-day week to a four-day,ten-hour-per-day week.Which statement is correct?

Accepted Answer

The answer of An employer is in the process of...

Question 19

Jeremy was terminated by his employer for violating company rules.He challenged the termination by filing a grievance.Eventually,the matter went to arbitration and Jeremy's termination was ruled to have been improper.The employer filed a claim in court to have the arbitrator's ruling overturned since it claimed the facts clearly demonstrated Jeremy had violated the express rules of the company.The employer claimed that the arbitrator had ignored the obvious and had committed a serious mistake of fact.A court may refuse to enforce an arbitrator's ruling if:

Accepted Answer

The court may refuse to enforce an arbitrator's ruling if it finds the ruling is contrary to public policy. While a court may review an arbitrator's decision, it generally defers to it unless there is a clear showing that the arbitrator committed misconduct or exceeded his or her powers. In this case, the fact that the employer believes the arbitrator ignored obvious facts is not enough to overturn the ruling.

Question 20

Mega Corp.hired permanent replacement workers when its union went out on strike seeking better medical and retirement benefits.After the strike is over,Mega Corp.:

Accepted Answer

Since the strike was for economic reasons and the company hired permanent replacement workers, the striking employees do not have the right to be reinstated once the strike is over. Mega Corp. has the legal right to continue to employ the replacement workers and is not obligated to give the striking employees their jobs back.

Quiz 20: Labor Law