Deck 15: Collective Bargaining

Question 1

In J. I. Case Co. v. NLRB , the Supreme Court held that contracts of employment made with individual employees were _____ to negotiating a collective agreement with the union.

A)ex parte agreements
B)mandatory
C)not impediments
D)yellow-dog contracts

Answer 1

C

Question 2

Section 8(d)of the National Labor Relations Act (NLRA)states that, the obligation of the employer and the bargaining representative is to meet at and confer in good faith with respect to:

A)establishment of a trade union.
B)wages, hours, and other terms and conditions of the employment.
C)establishment of a business unit.
D)reappointment of a bargaining representative.

Answer 2

B

Question 3

An employer's insistence that the union agree to the interest arbitration clause as a condition of the employer signing the collective bargaining agreement amounts to a violation of Section 8(d).

Answer 3

False

Question 4

In NLRB v. Truitt Mfg., the requirement to furnish financial information is a "truth-in-bargaining" requirement.

Question 5

Permissive bargaining subjects are those matters not directly related to wages, hours, terms and conditions of employment, and are not prohibited.

Question 6

The union's bargaining pressure comes from its potential to lock out the employees or to permanently replace nonstriking workers.

Question 7

Employees join unions to gain some influence over their working conditions and wages, which is achieved through the process called collective bargaining.

Question 8

The Worker Adjustment and Retraining Notification (WARN)permits the creation of a separate enforcement agency and gives enforcement authority to the Department of Labor.

Question 9

Section 8(d)states that making concessions or reaching an agreement is necessary to good faith bargaining.

Question 10

An employer is required to recognize a union as the exclusive bargaining representative of its employees when a majority of those employees support the union.

Question 11

Despite the union being certified as bargaining representative, the National Labor Relations Board (NLRB)does not require that the employer recognize and bargain with the union.

Question 12

The National Labor Relations Act (NLRA)is explicit regarding the duty to bargain in good faith and even controls the results of the bargaining process.

Question 13

Section 8(a) (5)requires that the employer bargain with a union that is the representative of its employees according to _____.

A)Section 9(a)
B)Section 8(d)
C)Section 8(a)
D)Section 704(a)

Question 14

Section 8(b) (3)allows a union representing a group of employees to refuse to bargain with their employer.

Question 15

Employees who go on an economic strike during the sixty-day "cooling-off" period lose their status as employees and the protections of the NLRA.

Question 16

If there are no collective agreements in effect after a year from certification and the union does not have the majority support of the bargaining unit, then the employer can refuse to bargain with the union.

Question 17

_____ makes it an unfair practice for a union representing a group of employees to refuse to bargain with the employer.

A)Section 8(a)
B)Section 8(d)
C)Section 8(b) (3)
D)Section 8(a) (1)

Question 18

The NLRA provides that when the collective bargaining involves the employees of a health-care institution, the parties must give notice to bargain at least ninety days prior to the expiration of the agreement.

Question 19

The employer need not give written notice of the closing or mass layoff to the employees (or their representative), the state economic development officials, or the chief elected local government official.

Question 20

_____ makes it an unfair labor practice for an employer to refuse to bargain with the employees' representative.

A)Section 9(a)
B)Section 8(b) (3)
C)Section 8(d)
D)Section 8(a) (5)

Question 21

Under _____, when a union is certified as the winner of a representation election, the employer is required to bargain with it.

A)Section 9(a)
B)Section 8(a) (1)
C)Section 8(b) (3)
D)Section 8(a) (5)

Question 22

The duty to bargain in good faith under Section 8(d)includes the obligation to _____, if requested by either party.

A)execute a written contract incorporating any agreement
B)provide a consent to pay for damages incurred
C)revise the recognition status of the bargaining unit
D)include new members in the bargaining process

Question 23

Section 8(g)requires that a labor organization seeking to picket or strike against a health-care institution must give both the employer and the Federal Mediation and Conciliation Service (FMCS)written notice of its intention to strike or picket at least _____ days prior to taking the action.

A)ninety
B)sixty
C)fifteen
D)ten

Question 24

When a union acquires bargaining rights by voluntary recognition rather than certification, the employer is required to recognize and bargain with the union only for _____ if no agreement is in effect.

A)ninety days
B)sixty days
C)a reasonable period of time
D)as long as the employer wants

Question 25

Which of the following does not fall under a mandatory bargaining subject, considering the various rulings on the subject?

A)Hours and terms and conditions of employment
B)Prices of food sold in vending machines in the plant cafeteria
C)Changes in medical insurance coverage of retired former employees
D)Employee discounts, shift differentials, and incentive plans

Question 26

To determine whether the union has the majority support for the first twelve months of the strike, the NLRB held that economic strikers must be considered as members of:

A)the global union.
B)a bargaining unit.
C)a labor union.
D)the Federal Mediation and Conciliation Service.

Question 27

Which of the following statements is not true of the NLRA's approach to the duty to bargain?

A)The act imposes an obligation to bargain collectively upon the union.
B)The act allows the employer to refuse to bargain with the bargaining unit.
C)The act does not control the results of the bargaining process.
D)The act does not compel either party to agree to a proposal or require the making of a concession.

Question 28

In Visiting Nurse Services of Western Massachusetts, Inc. v. NLRB , the union filed unfair labor practice charges with the NLRB, claiming that VNS had violated Section 8(a) (1)and (5)of the NLRA by unilaterally implementing:

A)prohibition on bargaining subjects.
B)yellow-dog contracts.
C)mandatory bargaining subjects.
D)bargaining unit agreements.

Question 29

When the union is certified as bargaining representative after winning an election, the NLRB requires that the employer recognize and bargain with the union for at least a year from certification, regardless of any doubts the employer may have about the union's continued majority support. Unfair labor practices committed by the employer, such as refusal to bargain in good faith, may have the effect of extending the one-year period, as the NLRB held in:

A)American Seating Co.
B)Mar-Jac Poultry.
C)Bruckner Nursing Home.
D)None of these answers.

Question 30

A union or employer seeking to bargain with the other party must notify that other party of its desire to bargain at least _____ prior to the expiration of the existing collective agreement.

A)forty five days
B)thirty days
C)sixty days
D)ninety days

Question 31

In Auciello Iron Works , Inc. v. NLRB , the union filed unfair labor practice charges with the NLRB. An administrative law judge found that a contract existed between the parties and that Auciello's withdrawal from it violated _____ of the NLRA.

A)Sections 8(a) (1)and (5)
B)Sections 8(d)and 9(a)
C)Section 8(b) (3)
D)Section 8(e)

Question 32

The National Labor Relations Act (NLRA)provides for longer notice periods when the collective bargaining involves the employees of a(n):

A)educational institution.
B)software company.
C)health-care institution.
D)law firm.

Question 33

In Emporium Capwell Co. v. Western Addition Community Organization , Hollins and Hawkins were minority employees. The Western Addition Community Organization filed a charge against the company with National Labor Relations Board (NLRB). The trial examiner of the NLRB concluded that their activity was not protected by Section 7 of the Act and that their discharges did not, therefore, violate _____ of the NLRA.

A)Section 9(a)
B)Section 8(b) (3)
C)Section 8(a) (1)
D)Section 8(a)

Question 34

As long as the parties bargain with an intention to find a basis of agreement, the breakdown or deadlock of negotiations is not a violation of the:

A)terms of agreement.
B)duty to bargain in good faith.
C)NLRA.
D)employment contract.

Question 35

When negotiations result in matters of dispute, the party seeking contract termination must notify the _____ and the appropriate state mediation agency within thirty days from giving the notice to bargain.

A)International Labor Organization (ILO)
B)Western Addition Community Organization
C)National Labor Relations Board (NLRB)
D)Federal Mediation and Conciliation Service (FMCS)

Question 36

Which court case held that an old bargaining agreement no longer applies to a newly severed bargaining unit, and an old agreement does not prevent the employer from negotiating with the craft union on behalf of the new bargaining unit?

A)American Seating Co.
B)J. I. Case Co. v. NLRB
C)Epic Systems Corp. v. Lewis
D)None of these answers

Question 37

In First National Maintenance Corp. v. NLRB , the petitioner notified its Greenpark employees that they would be discharged three days later. With nothing but a perfunctory further discussion, the petitioner discontinued its Greenpark operation and discharged the employees. The union filed an unfair labor practice charge against petitioner, alleging violations of which section of the NLRA?

A)Section 8(1) (a)and (5)
B)Section 8(b) (3)
C)Section 77(a)
D)Section 16(d)

Question 38

When an impasse results from a party's rigid insistence upon a particular proposal that relates to wages, hours, or terms and conditions of employment, then it is not a violation of:

A)good faith.
B)Civil Rights Act.
C)take-it-or-leave-it bargaining.
D)duty to bargain.

Question 39

The collective agreements covering professional baseball and football players are examples of agreements that:

A)amount to yellow dog contracts.
B)permit individual negotiation.
C)are ex parte agreements.
D)require an inspection officer.

Question 40

The subjects that vitally affect the terms and conditions of the employment of the employees in the bargaining unit are called _____ bargaining subjects.

A)restricted
B)mandatory
C)permissive
D)prohibited

Question 41

What are mandatory bargaining subjects?

Question 42

Proposals under the collective agreement, which involve violations of the NLRA or other laws is known as:

A)prohibited bargaining subjects.
B)bargaining remedies.
C)modification of collective agreement.
D)mandatory bargaining subjects.

Question 43

The Worker Adjustment and Retraining Act (WARN)requires employers with 100 or more employees to give sixty days' advance notice prior to:

A)calling for a recognition poll.
B)the temporary closing of company.
C)any plant closings and mass layoffs.
D)shifting of the company premises.

Question 44

If the employer pleads inability to pay, the union:

A)can demand a lockout.
B)must make a good faith demand for financial information.
C)is entitled to petition the NLRB against the employer.
D)can legally conduct an economic strike.

Question 45

Section 8(d)of the NLRA prohibits any modifications or changes in a collective agreement's provisions relating to _____ during the term of the agreement unless both parties to the agreement consent to such changes.

A)bargaining remedies
B)bargaining unit
C)mandatory bargaining subjects
D)bargaining agent

Question 46

In _____, the court held that economic strikers must be considered members of the bargaining unit for the purpose of determining whether the union has majority support for the first 12 months of the strike.

A)Pioneer Flour Mills
B)NLRB v. Truitt Mfg
C)Nurse Services of Western Massachusetts, Inc. v. NLRB
D)Laidlaw Transit, Inc.

Question 47

Which of the following is not true of th e Truitt requirement to furnish information?

A)It applies to employers with 100 or more employees.
B)It is not a "truth-in-bargaining" requirement.
C)It relates only to claims of financial inability to meet union proposals.
D)It is aimed to help the union validate the employer's claims.

Question 48

When can an employer act unilaterally?

Question 49

The matters which are not directly related to wages, hours, terms and conditions of the employment and not prohibited are called:

A)good faith bargaining.
B)permissive bargaining subjects.
C)duty of bargaining.
D)supplementary bargaining subjects.

Question 50

When a union and a group of employers agree upon specified wages and working conditions, the effect among the employers with respect to those wages or working conditions may be to reduce:

A)competition.
B)disparity.
C)unfair labor practices.
D)litigation over wages.

Question 51

According to NLRB guidelines, what is the tenure of the bargaining agreement for a certified union?

Question 52

What does Section 8(d)of the National Labor Relations Act state with respect to duty of bargain?

Question 53

What does Section 9(a)of the NLRA state regarding bargaining in good faith?

Question 54

What are permissive bargaining subjects?

Question 55

What was the purpose of the Worker Adjustment and Retraining Act (WARN)?

Question 56

What are prohibited bargaining subjects?

Question 57

In H. K. Porter Co. v. NLRB , the dispute mainly revolves around the union's desire to have the company agree to "check off" the dues owed to the union by its members, that is, to deduct those dues periodically from the company's wage payments to the employees. The evidence shows, and the court found, that the company's objection was not because of inconvenience, but solely on the ground that the company was:

A)not agreeing to the union's demands.
B)having direct contacts with the individual employees.
C)not furnishing the requested financial information.
D)not going to aid and comfort the union.

Question 58

The NLRB requires that the prior conditions be restored and any reduction in wages or benefits be paid back, if an employer has:

A)refused to furnish information.
B)illegally made unilateral changes.
C)refused to sign an already agreed-upon contract.
D)violated the duty to bargain in good faith.

Question 59

Define mass layoffs.

Question 60

What is meant by "failing firm exception"?

Question 61

Explain the concept of duty to furnish information.

Question 62

Explain plant closing legislation.

Question 63

Briefly describe the duty to bargain.

Question 64

What are the procedural requirements under Section 8(d)of the National Labor Relations Act?

Question 65

Briefly describe permissive bargaining subjects.