Deck 14: Employment Law III: Labor-Management Relations

Question 1

Refusal to bargain over a permissive bargaining subject constitutes a National Labor Relations Act violation.

Answer 1

False
Explanation: Refusal to bargain over a permissive subject does not constitute a National Labor Relations Act (NLRA) violation,and permissive subjects must simply be dropped if the parties do not reach an agreement.Either party may raise permissive subjects during the bargaining process,but neither may pursue them to the point of a bargaining impasse.

Question 2

Section 8(d) of the National Labor Relations Act clearly sets out some mandatory subjects over which the parties must bargain.

Answer 2

True
Explanation: Section 8(d) of the National Labor Relations Act clearly sets out some mandatory subjects over which the parties must bargain.These are wages,hours,and "other terms and conditions of employment."

Question 3

In the context of labor unions' representation elections,a union,employee,or employer initiates the formal organizing process by filing an election petition with the National Labor Relations Board (NLRB).

Answer 3

True
Explanation: A union,employee,or employer initiates the formal organizing process by filing an election petition with the National Labor Relations Board.The petition is sent to the employer,thus providing notice of union activity.

Question 4

The National Labor Relations Act recently changed labor laws related to closed-shop arrangements,permitting labor unions to pursue closed-shop arrangements.

Question 5

The National Labor Relations Act (NLRA) prohibits employees from engaging in concerted activities like strikes and collective bargaining.

Question 6

Through the Wagner Act,Congress established the National Labor Relations Board.

Question 7

Those matters not directly related to wages,hours,and terms and conditions of employment and not falling within the category of prohibited subjects are referred to as mandatory bargaining subjects.

Question 8

Section 8(b) of the National Labor Relations Act permits a labor organization to try to make an employer compensate workers for services not performed.

Question 9

The Landrum-Griffin Act prohibits labor unions from lending money except under specified circumstances and procedures,all of which must be reported annually to the government.

Question 10

Political advocacy may in some circumstances be considered a concerted activity for "mutual aid or protection" under Section 7 of the National Labor Relations Act.

Question 11

The Knights of Labor admitted any workers to its ranks,regardless of occupation,gender,or nationality.

Question 12

Throughout the United States,all public-sector employees have equal rights to strike.

Question 13

In most labor -management bargaining cases,neither the company nor the union can turn to the courts to set aside arbitration decisions.

Question 14

Which of the following statements is true of the Knights of Labor,the first major labor organization in the United States?

A)It restricted its membership to male workers.
B)It included only bankers and stockbrokers.
C)It dedicated itself to principles of social reform.
D)It competed with the American Federation of Labor (AFL).

Question 15

Certain classes of employees,such as supervisors,are excluded from employee bargaining units.

Question 16

The Bill of Rights was designed to ensure that members of labor organizations get equal voting rights,the right to sue a union,and the rights of free speech and assembly.

Question 17

One of the primary tasks of the National Labor Relations Board (NLRB) is conducting elections for union representation within the chosen bargaining unit.

Question 18

The Congress of Industrial Organizations (CIO) was organized in response to the needs of laborers working in skilled trades.

Question 19

The Landrum-Griffin Act has regulated the manner in which unions represent employees in the collective bargaining process.

Question 20

Section 8(a) of the National Labor Relations Act makes it an unfair labor practice for an employer to dominate,interfere,or assist with the formation of any labor organization.

Question 21

Which of the following actions of an employer would be regarded as an unfair labor practice as per Section 8(a) of the National Labor Relations Act?

A)Using lockouts as defensive acts to protect businesses against sudden strikes and to prevent sabotage or violence
B)Discouraging membership in any labor organization by discrimination in regard to hiring or any other term of employment
C)Agreeing to bargain collectively with a duly certified representative of the employees
D)Firing employees for indulging in any unlawful activity at the workplace

Question 22

Section 8(a)(5) of the National Labor Relations Act (NLRA):

A)sets out some mandatory subjects over which the parties must bargain.
B)guarantees union members equal voting rights,the right to sue a union,and the rights of free speech and assembly.
C)lists activities constituting unfair labor practices by a labor organization.
D)requires an employer to engage in good-faith collective bargaining with a representative of the employees.

Question 23

The practice of union organizers applying for jobs with the intent of unionizing the other employees from the inside is referred to as _____.

A)salting
B)picketing
C)crowdsourcing
D)whistleblowing

Question 24

Section 8(c) of the _____ is designed to ensure employers' and labor organizations' traditional First Amendment rights as long as they do not overstep certain bounds.

A)Sherman Antitrust Act
B)Norris-LaGuardia Act
C)Taft-Hartley Act
D) Wagner Act

Question 25

Section 9 of the National Labor Relations Act:

A)lists activities constituting unfair labor practices by a labor organization.
B)specifies the election procedures by which employees may choose whether to be represented by a particular union or no union at all.
C)lists activities constituting unfair labor practices by an employer.
D)ensures that employers will not be able to interfere with union activities by either seizing control of the unions or refusing to bargain collectively.

Question 26

The _____ contains a set of provisions often referred to as the "Bill of Rights" for individual union members.

A)Norris-LaGuardia Act
B)Wagner Act
C)Sherman Antitrust Act
D)Landrum-Griffin Act

Question 27

Which of the following is true of the Landrum-Griffin Act?

A)It prohibits union members from speaking or voting at the union meetings.
B)It requires unions to keep records of their funds.
C)It allows unions to lend money without reporting to the government.
D)It holds that the terminology "restraint of trade" was meant to include labor organizations.

Question 28

Which of the following is true of economic strikes?

A)All strikes involving unfair labor practices fall into this category.
B)Economic strikers can be fired by the employers.
C)The use or threat to use permanent replacements has become a powerful tool for employers facing economic strikes.
D)They are initiated by workers when the employers interfere with legitimate union activities or fail to bargain in good faith.

Question 29

Which of the following is true of unfair labor practice strikes?

A)They are used purely as economic weapons to persuade employers to provide more favorable benefits or better working conditions.
B)The strikers can be permanently replaced by the management.
C)The law prohibits such strikes.
D)They are instituted by workers when the employers interfere with legitimate union activities or fail to bargain in good faith.

Question 30

The National Labor Relations Board:

A)provides protection to independent contractors.
B)allows employers to discharge employees if they are part of any labor organizations.
C)covers railroad and airline employees.
D)investigates and adjudicates charges of unfair labor practices.

Question 31

Which of the following would most likely be the result of mandatory bargaining between employers and labor representatives?

A)A change from an eight hour,five-day work week to a ten hour,four-day work week
B)A change in the internal affairs of a union
C)A new economic decision to phase out a product line
D)A new agreement between the employees and the management to settle strikes

Question 32

Which of the following actions of a labor organization would be regarded as an unfair labor practice as per Section 8(b) of the National Labor Relations Act?

A)Refusing to reach an agreement in a collective bargaining arrangement
B)Raising permissive subjects related to employment during the bargaining process
C)Trying to make an employer compensate workers for additional services rendered
D)Inducing an employer to engage in secondary boycott activities

Question 33

Which of the following acts ensured employers' right to speak out in opposition to union organizing-in effect,protecting their First Amendment right to freedom of speech?

A)The Norris-LaGuardia Act
B)The Wagner Act
C)The Taft-Hartley Act
D)The Landrum-Griffin Act

Question 34

Which of the following statements is true of the Taft-Hartley Act?

A)It declared that refusal to bargain over a permissive subject constituted a National Labor Relations Act violation.
B)It gave the National Labor Relations Board the authority to govern the result of a collective bargaining arrangement.
C)It signaled a move by the government away from unconditional support for labor toward a balance of rights between labor and management.
D)It allowed employees to claim compensation from employers for services not performed.

Question 35

The Wagner Act:

A)made it clear that the terminology "restraint of trade" was not meant to include labor organizations or activities.
B)gave workers for the first time the unequivocal right to organize and engage in concerted activities for their mutual aid and benefit.
C)identified as unfair labor practices certain activities unions used to exercise economic leverage over employers as part of the collective bargaining process.
D)ensured employers' right to speak out in opposition to union organizing-in effect,protecting their First Amendment right to freedom of speech.

Question 36

Which of the following is a permissive bargaining subject?

A)Wages
B)Internal union affairs
C)Working hours
D)Conditions of employment

Question 37

Which of the following is true of decertification of a union?

A)The employees must be able to demonstrate at least 30 percent support for their petition for decertification of a union.
B)A union is decertified if it refuses to bargain over a permissive employment subject.
C)The employees are required to file a decertification petition with the Equal Employment Opportunity Commission.
D)A new representation election can be conducted within a month after the decertification of a union.

Question 38

Which of the following would most likely be the result of permissive bargaining between employers and labor representatives?

A)A change from an eight hour,five-day work week to a ten hour,four-day work week
B)An agreement to increase the salary of each employee by $500 per month
C)An alteration in employee termination policy,increasing the notice period by two months
D)A new agreement between the employees and the management to settle strikes

Question 39

What is the key consideration in establishing an appropriate employee bargaining unit?

A)The interests of the management
B)The community of interest among the employees
C)The interest of the labor union
D)The inclusion of supervisors in the bargaining unit

Question 40

Which act passed by the Congress in 1932 made it clear that the terminology "restraint of trade" was not meant to include labor organizations or activities?

A)The Norris-LaGuardia Act
B)The Sherman Antitrust Act
C)The Taft-Hartley Act
D)The Wagner Act

Question 41

What is meant by a labor union's duty of fair representation?

Question 42

Which of the following is true of states that have enacted right-to-work laws?

A)These states require nonmembers to pay union fees or dues.
B)These states allow nonmembers to be represented by unions in collective bargaining.
C) These states permit union security arrangements in collective-bargaining agreements.
D) These states require employers to hire only individuals who already belong to unions.

Question 43

What are the differences between legal picketing and illegal picketing under the National Labor Relations Act (NLRA)?

Question 44

What are the implications of a union as an exclusive bargaining agent?

Question 45

Compare and contrast unfair labor practice strikes with economic strikes.

Question 46

Which of the following statements about lockouts is true?

A)The National Labor Relations Board (NLRB) prohibits lockouts as defensive acts to protect businesses against sudden strikes.
B)Some court decisions have expanded lawful lockouts to include those of an offensive nature designed to improve management's bargaining position.
C)Lockouts are clearly lawful even if they are designed to interfere with union members' bargaining rights and other legitimate union activity.
D)The courts consider lockouts to be unfair labor practices,even if they are initiated to prevent sabotage or violence.

Question 47

A local steel plant workers' union is in a dispute with Flag Steels Inc.In order to put pressure on the owners of Flag Steel,the union threatens a client of Flag Steel.Which of the following is true of this action?

A)It is a legal and effective way for the union to get its demands met.
B)It is a method that enjoys broad constitutional and statutory protection.
C)It is an unfair labor practice known as secondary picketing.
D)It is a peaceful,informational form of picketing for a lawful purpose.

Question 48

_____ refers to the initiative taken by the management in labor disputes by not allowing some or all of its employees to work.

A) Closed-shop
B)Lockout
C)Salting
D)Picketing

Question 49

In the context of labor union security arrangements,a collective-bargaining clause requiring all employees to pay union dues and fees is referred to as a(n) _____.

A)runaway shop strategy
B)agency shop agreement
C) right-to-work strategy
D)open-shop agreement

Question 50

Explain the National Labor Relations Board's (NLRB) guidelines with regard to employees indulging in political advocacy at the workplace.

Question 51

Why was the Landrum-Griffin Act enacted by the Congress? Explain in brief the set of provisions known as the "Bill of Rights" contained in this act.

Question 52

Identify the unfair labor practices by management and unions.

Question 53

Differentiate mandatory bargaining subjects from permissive and prohibited bargaining subjects.

Question 54

_____ is a practice in which employers can hire only individuals who already belonged to unions.

A)Closed-shop arrangement
B)Runaway shop arrangement
C)Agency shop arrangement
D)Open-shop arrangement

Question 55

Which of the following statements is true of primary picketing?

A)It is expressed directly to the employer with whom the picketers have a dispute.
B)It is protected by the National Labor Relations Act,even if it is for an unlawful purpose.
C)It does not have constitutional or statutory protection.
D)It does not constitute an unfair labor practice,even if the picketers are violent or coercive.