Deck 3: Legal Influences

Question 1

Agricultural laborers are specifically excluded from coverage under the Labor Management Relations Act.

Answer 1

True

Question 2

The Wagner Act gave unions considerable power,which had to be counterbalanced by passage of the Taft-Hartley Act.

Answer 2

True

Question 3

The Racketeer Influenced and Corrupt Organizations Act (RICO)forbids anyone involved in racketeering from investing in or controlling through racketeering activity any enterprise (business or labor union)engaged in interstate commerce.

Answer 3

True

Question 4

Requiring applicants to sign yellow-dog contracts was a provision of the Wagner Act.

Question 5

The NLRB decisions are similar to Supreme Court decisions in that they are independent of political party influences.

Question 6

The NLRB has final authority to settle all unfair labor practice charges..

Question 7

Because the National Labor Relations Act prohibited interference with labor unions in 1935,companies were allowed to establish company unions to assure the integrity of unions.

Question 8

Two major deficiencies of the Norris LaGuardia Act were: (1)the act did not establish an administrative agency and to enforce the act's provisions; (2)no specific employer unfair labor practices (ULPs)were identified or prohibited.

Question 9

The National Labor Relations Board's regional director and staff work with the General Counsel to investigate ULP charges.

Question 10

An employee alleging unlawful discharge is NOT under affirmative duty to seek comparable employment to mitigate the respondent employer's potential back-pay liability while awaiting a final determination of the merit of the ULP charge.

Question 11

For employee activity to be protected under the LMRA,the concerted activity must be for a protected purpose described in Section 7 of the Act and engaged in using lawful means.

Question 12

The Supreme Court ruled in the late 1930s that labor disputes were covered under the Norris-LaGuardia Act and injunctions could easily be obtained.

Question 13

Under the preemption doctrine,state law or local ordinances take precedent over federal law.

Question 14

Modern U.S.labor relations law relies primarily on federal and state statutory laws or local government ordinances,judicial decisions interpreting and applying statutory laws and local ordinances,and decisions by administrative agencies responsible for administering specific labor laws.

Question 15

Statutory law includes legislation originally written for general population but is applied in specific instances to labor relations.

Question 16

The regional director of the NLRB initiates investigation of a company when it suspects that the company has committed an unfair labor practice.

Question 17

The Equal Employment Opportunity Commission is a federal administrative agency under the Norris-LaGuardia Act.

Question 18

Employees are protected in pursuing their mutual working condition concerns,even if they do not belong to a labor organization.

Question 19

The one primary responsibility of the NLRB is to determine if employees desire representation by an independent labor organization for purposes of collective bargaining.

Question 20

The National Labor Relations Board (NLRB)mediates cases and awards damages or fines where it deems necessary.

Question 21

The fact that NLRB members are appointed by the President does not create concerns about influences over decisions of the Board.

Question 22

Modern U.S.labor relations law relies on the following factors except:

A) Judicial decisions and interpretations.
B) The legislative branch..
C) Statutory laws
D) Local ordinances.
E) Municipal regulations.

Question 23

Which of the following concerted actions are permitted under Sec.7 of the LMRA?

A) Strikers who sit-down and refuse to leave a plant
B) A strike called to achieve a closed shop contract
C) Strikers who threaten or engage in acts of violence
D) A strike that occurs while a no-strike provision in the contract is in effect
E) Non-violent tactics used to form or join a union.

Question 24

The Employee Retirement Income Security Act of 1974 establishes minimum standards for the operation of voluntarily established private-sector pension and health plans.

Question 25

Some union actions that have been determined to be illegal under the Labor Management Relations Act (LMRA)include the following except:

A) Requirement to sign anti-communist affidavits.
B) Paying people to support or vote for a union.
C) Jurisdictional strikes.
D) Threatening workers who refuse to join or support a labor union.
E) Discrimination against anti-union applicants.

Question 26

Under the LMRA,illegally discharged employees can receive back pay for the period of time they were unemployed unless they are:

A) Union members.
B) Female.
C) Illegal immigrants.
D) In arbitration
E) Undergoing medical treatment.

Question 27

The rights of employees under Section 7 of the National Labor Relations Act include the following except:

A) The right to form a union.
B) The right to bargain collectively.
C) The right to engage in concerted activities.
D) The right to create company unions.
E) The right to refrain from certain concerted activities.

Question 28

The Labor-Management Reporting and Disclosure Act (Landrum-Griffin Act)was designed to protect the rights of individual union members in their relations with their own union.

Question 29

To ensure the constitutionality of the NLRA,Congress provided that unfair labor practice decisions of the NLRB could be appealed for review by:

A) A federal Circuit Court of Appeals.
B) A federal District Court.
C) The local police within its jurisdiction.
D) State court systems.
E) The Department of Labor.

Question 30

After recognizing the important impact labor relations can have on interstate commerce,the Supreme Court declared t National Labor Relations Act during what year:

A) 1947
B) 1935
C) 2005
D) 1937
E) 1929

Question 31

The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA)clarifies and extends the Veterans' Reemployment Rights Act of 1940 to protect the job rights of individuals called on to perform military duty on behalf of the United States.

Question 32

In reaction to passage of the National Industrial Recovery Act of 1933,which was intended to stabilize economic activity,employers:

A) Eliminated company unions.
B) Formed associations among themselves to draw up codes of competition.
C) Allied closely with union leaders to alleviate effects of depression.
D) Worked closely with unions to expand their membership
E) Could display the "Green Eagle" symbol of compliance.

Question 33

Which of the following actions is NOT possible after the NLRB investigates an unfair labor practice charge?

A) A formal complaint may be issued.
B) Charge may be withdrawn.
C) Change me be dismissed.
D) Charge may be settled.
E) Filing a charge one year after violation occurred.

Question 34

The ________ applies to labor relations in the airline industry.

A) Industrial Flight Act.
B) Airline regulations promulgated by the FAA.
C) Airline regulations promulgated by the NASA.
D) Airline Employment Act.
E) Railway Labor Act of 1926.

Question 35

The main reason the National Industrial Recovery Act of 1933 was declared unconstitutional was that:

A) It de-stabilized economic activity.
B) Allowed businesses to draw up codes of fair competition.
C) Employers could not interfere with employees' right to unionize.
D) One of its codes was applied to an employer which went beyond Congress' authority to regulate interstate commerce.
E) Unions did not have enough money to fund strikes.

Question 36

Which of the following was declared unconstitutional?

A) National Labor Relations Act.
B) Wagner Act.
C) Clayton Act.
D) National Industrial Recovery Act.
E) Taft-Hartley Act.

Question 37

A major deficiency of the Norris-LaGuardia Act,which was corrected a few years later was:

A) The National Labor Relations Board was reorganized.
B) The inability to secure injunctions.
C) The inclusion of employer unfair labor practices.
D) The establishment of an independent administrative agency to enforce the act's provisions.
E) Union unfair labor practices were included.

Question 38

Under the Norris-LaGuardia Act,a labor injunction could be obtained as long as all the following conditions were met except:

A) Unlawful acts have been committed.
B) Employer had other legal remedies.
C) Substantial injury occurred to the employer's property.
D) The denial of an injunction would result in greater injury than the issuance of an injunction.
E) The employer had met legal duty to bargain to settle a dispute.

Question 39

The federal agency designated to be the primary interpreter and administrator of the National Labor Relations Act is the:

A) National Labor Board.
B) Department of Labor.
C) National Mediation Board.
D) National Labor Relations Board.
E) Federal Mediation and Conciliation Service.

Question 40

The Worker Adjustment and Retraining Notification Act requires employers with 500 or more employees to give 30 days' notice to employees of a plant closing.

Question 41

The following is NOT a step in the Unfair Labor Practice Procedure:

A) ​Remedial Order.
B) ​Charge.
C) ​Complaint and Answer.
D) ​Hearing and Decision.
E) ​Jury selection.

Question 42

The administrative agencies now under the Railway Labor Act are the:

A) Board of Mediation and National Railroad Adjustment Board
B) National Labor Relations Board and the Railway Labor Board
C) National Mediation Board and National Railroad Adjustment Board
D) National Labor Relations Board and the National Mediation Board
E) National Mediation Board and the National Labor Relations Board

Question 43

Under the Railway Labor Act,the federal agency responsible for resolving differences between the parties when negotiating an agreement is the:

A) Federal Mediation and Conciliation Service.
B) National Mediation Board.
C) Department of Mediation.
D) National Labor Relations Board.
E) Department of Labor.

Question 44

The Civil Rights Act of 1991 prohibits employment discrimination on the basis of:

A) Disabilities,sex,race,age,and religion.
B) Race,sex,religion,and age.
C) Race,age,sex,religion,and national origin.
D) Race,color,religion,sex,or national origin.
E) Sexual orientation.

Question 45

A petition for certiorari is a request to review a court of appeals decision by the:

A) ​National Labor Relations Board.
B) ​Supreme Court.
C) ​State Court.
D) ​National Railroad Adjustment Board.
E) ​Federal Mediation and Conciliation Service.

Question 46

The Act which establishes minimum standards for the operation of voluntarily established private-sector pension and health plans is the:

A) ​Pension Benefit Guaranty Corporation Act.
B) ​Employee Retirement Income Security Act of 1974.
C) ​Equal Pay Act.
D) ​Executive Order 11246 and 11375.
E) ​Social Security Act of 1935.

Question 47

The agencies responsible for the enforcement and administration of state laws and local ordinances involving labor relations topics are the:

A) Executive Counsel Offices.
B) Regional offices.
C) State and local administrative agencies.
D) State Mediation and Conciliation Service.
E) Department of Labor.

Question 48

The act which ended government controls of airline fares and routes was the:

A) ​Civil Aeronautics Board Act.
B) ​Motor Carrier Act of 1980.
C) ​Airline Deregulation Act of 1978.
D) ​Airline Pilots Association.
E) ​Staggers Rail Act of 1980

Question 49

The _________ specifies the conditions under which employers are required to give advance notice of a plant closing or mass layoff.

A) Wagner Act.
B) Worker Adjustment and Retraining Notification Act.
C) Clayton Act.
D) National Industrial Recovery Act.
E) National Labor Relations Act.

Question 50

A major responsibility of the __________ is to conduct a preliminary investigation of each ULP charge to determine if sufficient (prima facie)evidence exists to conclude a ULP may have occurred.

A) ​General Counsel's Office.
B) ​Regional Director.
C) ​State Courts.
D) ​Supreme Court.
E) ​Department of Labor.