Question 1

Section 8(b)(1)(A) of the NLRA allows union actions that restrain, coerce, or interfere with employee rights under Section 7 of the NLRA.

Accepted Answer

Section 8(b)(1)(A) of the NLRA prohibits unions from restraining, coercing, or interfering with employee rights under Section 7 of the NLRA.

Question 2

If the employee's complaint involves action by both the employer and the union, Section 301 of the NLRA would be preferable.

Accepted Answer

Section 301 of the NLRA provides the jurisdiction for cases that involve both the employer and the union, making it a preferable option for resolving complaints that involve both parties.

Question 3

​In Steelworkers v.Rawson, the Supreme Court held that the allegations that the union had been negligent in its duty under the collective agreement to conduct safety inspections did not amount to a:

Accepted Answer

In Steelworkers v. Rawson, the Supreme Court ruled that allegations of negligence by the union in conducting safety inspections under the collective agreement did not constitute a breach of the duty of fair representation. This duty requires unions to serve the interests of all members without hostility or discrimination, to exercise discretion with honesty and good faith, and to avoid arbitrary conduct. The Court's decision indicates that failing to conduct safety inspections, as alleged, did not meet the threshold for violating this duty.

Question 4

In Steele v.Louisville & Nashville R.. the petitioner was an African American locomotive fireman and employee of railroad.The Brotherhood, purporting to act as representative of the entire craft of firemen, without informing the African American firemen or giving them opportunity to be heard, served a notice on the Railroad.The notice announced the Brotherhood's desire to amend the existing collective bargaining agreement that exclude all African American firemen from the service.In this case, the court held that non-union members have judicial remedies of:

Accepted Answer

The best choice is (C) injunction. The court held that non-union members have the right to seek an injunction against a union's discriminatory practices if they violate Title VII of the Civil Rights Act. The purpose of the injunction is to prevent the union from violating the law in the future. Imprisonment (A) is not a remedy available to non-union members, and liquidated damages (B) and arbitration (D) may be remedies in some cases, but they are not appropriate for this specific situation.

Question 5

Section 102 of the LMRDA allows any person whose rights under the act have been violated to bring a civil suit in the federal courts for such relief as may be appropriate.

Accepted Answer

Section 102 of the LMRDA does allow any person whose rights have been violated to bring a civil suit in federal courts for appropriate relief.

Question 6

The Labor Management Reporting and Disclosure Act (LMRDA) sought to ensure that union members were guaranteed certain rights when subjected to internal union proceedings.

Accepted Answer

The LMRDA, also known as the Landrum-Griffin Act, was enacted in 1959 to establish rules and regulations for labor organizations and to protect union members from unfair practices and corruption within their unions. Among its provisions, the LMRDA guarantees certain rights to union members when it comes to internal union proceedings such as disciplinary actions, elections, and audits.

Question 7

The initial cases dealing with the duty of fair representation arose under the Railway Labor Act.

Accepted Answer

The duty of fair representation first arose in the United States under the Railway Labor Act, which governs labor relations in the railroad and airline industries.

Question 8

All officials handling union money must be bonded and persons convicted of certain criminal offenses are barred from holding union office for a year.

Accepted Answer

Persons convicted of certain criminal offenses are barred from holding union office for 13 years, not just one year, according to the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA).

Question 9

The National Labor Relations Board has exclusive jurisdiction over claims of the breach of the duty of fair representation.

Accepted Answer

The National Labor Relations Board (NLRB) does not have exclusive jurisdiction over claims of the breach of the duty of fair representation. These claims can be brought to federal court or in some cases, state court. However, the NLRB does have jurisdiction over certain unfair labor practice charges that involve the duty of fair representation.

Question 10

Union security clauses generally involve either a unilateral clause or a bilateral clause.

Accepted Answer

The answer of Union security clauses generally involve either a...

Question 11

In Syres v.Oil Workers Local 23, the Supreme Court held that the duty of fair representation also extended to unions granted bargaining agent status under _____ of the National Labor Relation Act.

Accepted Answer

Syres v.Oil Workers Local 23 established that the duty of fair representation, which requires unions to represent all members of the bargaining unit fairly, extends to unions that have been granted bargaining agent status under Section 9(a) of the National Labor Relations Act. This ruling ensures that employees are protected from discriminatory practices by both employers and their representative unions.

Question 12

The legal controls on unions are the result of actions by the courts, the National Labor Relations Board (NLRB), and Congress.

Accepted Answer

The legal controls on unions are indeed the result of actions by the courts, the National Labor Relations Board (NLRB), and Congress, among other entities such as state legislatures and federal agencies. These actions include laws, regulations, court decisions, and administrative rulings that govern various aspects of union activities, such as organizing, bargaining, striking, picketing, and political activity. Examples of such legal controls include the National Labor Relations Act (NLRA), the Taft-Hartley Act, the Landrum-Griffin Act, and various state laws and court precedents.

Question 13

Congress has legislated a union members' "bill of rights" to guarantee that union internal procedures are fair and has prohibited certain practices by unions that interfere with employees' rights under the:

Accepted Answer

The National Labor Relations Act (NLRA) grants certain protections to employees who wish to form or join labor unions, including the right to engage in collective bargaining and strike. Congress has also enacted amendments to the NLRA that establish a "bill of rights" to guarantee that union internal procedures are fair and democratically maintained. Additionally, the NLRA contains provisions that prohibit certain unfair labor practices by unions, including discrimination against employees who refuse to join a union and interference with employees' rights to engage in protected concerted activity.

Question 14

Under Section 301 of the NLRA, an employee may recover punitive damages and may get an injunction.

Accepted Answer

Section 301 of the NLRA allows for employees to sue employers for violations of collective bargaining agreements, but it does not provide for punitive damages or injunctions. These remedies may be available under other laws or common law principles.

Question 15

The Landrum-Griffin Act of 1959 added the union member's bill of rights to the National Labor Relations Act.

Accepted Answer

The Landrum-Griffin Act of 1959 added the union member's bill of rights to the National Labor Relations Act, making it true that the statement is correct.

Question 16

The duty of fair representation is a judicially created obligation on the part of the union to represent fairly all employees in the:

Accepted Answer

The duty of fair representation requires a union to represent all employees in a bargaining unit fairly and without discrimination. This includes employees who are not union members. The duty applies to a union's administration of the collective bargaining agreement, handling of grievances, and other activities related to the representation of the bargaining unit. It does not apply to illegal strikes or legal proceedings, but rather to the union's representation of employees in those situations.

Question 17

The provisions of the LMRDA require that union members must first strive for external action for violation of the rights granted by the LMRDA.

Accepted Answer

The LMRDA (Labor-Management Reporting and Disclosure Act of 1959) primarily focuses on internal union democracy and governance, requiring unions to handle complaints and violations internally through their own democratic processes before members seek external intervention.

Question 18

Where the employee has established a breach of the collective agreement by the employer and a breach of the duty of fair representation by the union, the employer and the union must share liability.

Accepted Answer

When both the employer and the union are found to have breached their respective obligations under the collective agreement, they will share liability for any resulting harm caused to the employee.

Question 19

Executive Order 13201 requires the government employers to post notices in the workplace informing employees subject to a union security agreement that they have the right to refuse to pay a portion of their union dues.

Accepted Answer

Executive Order 13201, also known as the "Beck Notice," required federal contractors, not government employers, to post notices informing their employees of their rights under the Communications Workers of America v. Beck decision, which allows them to refuse to pay the portion of union dues used for political activities.

Question 20

Every union member has the right to meet and assemble with other members and to express any views or opinions, subject to the union's reasonable rules for the conduct of meetings.

Accepted Answer

Every union member has the right to meet and assemble with other members and express any views or opinions, subject to reasonable rules for the conduct of meetings. This is guaranteed by the National Labor Relations Act (NLRA) in the United States.

Quiz 18: The Rights of Union Members