Deck 3: Legal Influences

Question 1

The yellow-dog contract guarantees that employees are not required to participate in union activities.

Answer 1

False

Question 2

The NLRB mediates cases and awards damages or fines where it deems necessary.

Answer 2

False

Question 3

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

Answer 3

False

Question 4

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

Question 5

NLRB decisions are subject to court review, and most cases filed with the NLRB are appealed.

Question 6

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 7

Beck rights reinforce the basic right of an employee not to become a full member of a union in order to meet the requirements of a negotiated union security clause and to pay a bargaining unit representative where required by contract, only for those regular charges associated with the duties of representing the bargaining unit.

Question 8

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

Question 9

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

Question 10

Samuel Gompers, AFL president, proclaimed the Clayton Act to be the Magna Charta of U.S. labor; however, the legislation did not prove to help labor organizers.

Question 11

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

Question 12

An employee alleging unlawful discharge is under no 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 13

The yellow-dog contract was the main tool used by companies to force employees to join company unions.

Question 14

The "criminal conspiracy" doctrine means that union organizing prior to 1842 could result in an injunction against the union organizers.

Question 15

The administrative agency under the Norris-LaGuardia Act is the National Labor Relations Board.

Question 16

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

Question 17

Two major deficiencies of the Norris LaGuardia Act were: (1) the act did not establish an administrative agency and (2) there were no specific employer unfair labor practices.

Question 18

Employee rights are guaranteed by the National Labor Relations Act; thus, the National Labor Relations Board investigates companies on its own to assure that the rights are protected.

Question 19

Employment-at-will doctrine means that an employee has a right to a job.

Question 20

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 21

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.

Question 22

The main reason the Clayton Act did not prove to be organized labor's Magna Charta was that:

A) labor of a human being was interpreted by the Courts to be an article of commerce.
B) labor unions were considered to operate in interstate commerce.
C) it made it easier for employers to seek injunctions against unions.
D) employer activities, such as blacklisting of employees and discharge of union leaders, were not illegal.
E) all of these

Question 23

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

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

Question 24

Which of the following actions are possible after the NLRB investigates an unfair labor practice charge?

A) charge may be withdrawn
B) charge may be dismissed
C) charge may be settled
D) a formal complaint may be issued
E) all of these

Question 25

Common law comes into being:

A) through authority of executive agencies.
B) through court decisions.
C) by applying constitutional amendments.
D) all of these
E) none of these

Question 26

In what year did the Supreme Court declare the Wagner Act constitutional?

A) 1886
B) 1918
C) 1937
D) 1941
E) 1947

Question 27

The major deficiencies of the Norris-La Guardia Act, which were corrected by passage of the Wagner Act in 1935, were:

A) an administrative agency was included.
B) employer unfair labor practices were included.
C) union unfair labor practices were included.
D) the National Labor Relations Board was reorganized
E) an administrative agency was included and employer unfair labor practices were included.

Question 28

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

A) worked closely with unions to expand their membership.
B) allied closely with union leaders to alleviate effects of depression.
C) formed associations among themselves to draw up codes of competition.
D) eliminated company unions.
E) all of these.

Question 29

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

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

Question 30

Which of the following were not included in the Wagner Act?

A) guarantees of certain employee rights
B) specific union unfair labor practices
C) specific employer unfair labor practices
D) creation of an administrative agency
E) NLRB

Question 31

Which one of the following was not a weakness in the Norris-LaGuardia Act?

A) It did not establish unfair labor practices of employers.
B) It did not set up an administrative agency.
C) It did not recognize employee rights in labor relations.
D) It did not prevent unions from certain activities that adversely affected commerce.
E) all of these were weaknesses in the Norris-LaGuardia Act

Question 32

The federal agency responsible for administering the National Labor Relations Act is the:

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

Question 33

Which of the following powers does the NLRB possess?

A) constitutional penal powers
B) power to award punitive damages
C) power to impose severe penalties
D) power to effectively reinstate unfairly discharged employees
E) all of these

Question 34

Labor relations law has been derived from which of the following?

A) statutes
B) judicial decisions and interpretations
C) legislative branch
D) executive orders
E) all of these

Question 35

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

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

Question 36

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

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

Question 37

The _____ applies to labor relations in the airline industry.

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

Question 38

Which of the following were declared unconstitutional?

A) Wagner Act
B) National Industrial Recovery Act
C) Clayton Act
D) National Labor Relations Act
E) all of these

Question 39

Employee rights under the National Labor Relations Act include:

A) the right to form unions.
B) the right to bargain collectively through agents of their own choosing.
C) the right to boycott any employers who may be interfering with union activities.
D) all of these.
E) the right to form unions and the right to bargain collectively through agents of their own choosing.

Question 40

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

A) a strike called to achieve a closed shop contract
B) a strike that occurs while a no-strike provision in the contract is in effect
C) strikers who threaten or engage in acts of violence
D) strikers who sit-down and refuse to leave a plant
E) none of these

Question 41

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

A) race, sex, religion, and age.
B) handicap, sex, race, age, and religion.
C) race, age, sex, religion, and national origin.
D) race, color, religion, sex, and national origin.
E) sexual orientation.