Deck 9: Seniority Rights

Question 1

An employee would most likely not lose seniority if he/she:

A) Is discharged.
B) Participates in a two-month strike.
C) Is transferred out of the bargaining unit.
D) Fails to report to work when called back from a layoff.

Answer 1

B

Question 2

When two companies merge, the Surviving Group Principle of combining seniority lists would prescribe that:

A) Employees' length of service is considered regardless of which company they worked for previously; the two lists are combined as one.
B) Employees are given rank positions on the merged lists equal to their rank position on their prior seniority list.
C) Employees of the acquired company are added to the bottom of the list of the acquiring company.
D) Employees are allowed to continue previously earned seniority on separate seniority lists.

Answer 2

C

Question 3

The following factor is not commonly used to determine the ability of competing employees:

A) Experience.
B) Trial period.
C) Educational background.
D) Ranking.

Answer 3

D

Question 4

Superseniority is usually given to:

A) Supervisors.
B) Union officials.
C) Workers over 65 years old.
D) Highly skilled workers.

Question 5

An employee would most likely lose seniority:

A) If he/she quits.
B) After a three-week vacation.
C) After jury duty.
D) After an approved leave of absence.

Question 6

Which of the following statements is correct?

A) Management may subcontract work without bargaining with a union.
B) Management may relocate work previously done by union employees without bargaining with a union.
C) Management may close all or part of a business for economic reasons without bargaining with a union.
D) Management may close all or part of a business for non-economic reasons without bargaining.

Question 7

When employees accrue seniority according to the amount of time they worked within a particular department, and that seniority credit is valid only within that department, one calls this:

A) Plantwide seniority
B) Superseniority
C) Departmental seniority system
D) Transitional seniority system

Question 8

When two companies merge, the Length-of-Service Principle of combining seniority lists prescribes that:

A) Employees' length of service is considered regardless of which company they worked for previously; the two lists are combined as one.
B) Employees are given rank positions on the merged lists equal to their rank position on their prior list.
C) Employees of the acquired company are added to the bottom of the list of the acquiring company.
D) Employees are allowed to continue previously earned seniority on separate seniority lists.

Question 9

The concept of job security has also been termed:

A) Provisions.
B) Industrial jurisprudence.
C) Wage adjustment.
D) Seniority.

Question 10

A contract procedure that allows an employee with greater seniority to take the position of an employee with less seniority when the senior employee's job has been eliminated is known as _____.

A) Superseniority
B) Checkoff
C) Length-of-service principle
D) Bumping

Question 11

If an employer is bought out by another business during a collective bargaining agreement, the existing contract:

A) Must be honored by the new owner.
B) Is only binding on the new owner for a period up to 1 year.
C) Is not binding on the new owner.
D) Must be honored by the previous owner.

Question 12

Most labor agreements provide that a promotion decision will be based:

A) Solely on seniority.
B) Solely on management's determination.
C) Solely on union's determination.
D) On seniority and employee skill and ability.

Question 13

An employee with 12 years' seniority in the paint section would most likely get promoted over an employee with 10 years seniority in the electrical section when a new electrical job became open if the labor agreement called for:

A) Trade seniority.
B) Classification seniority.
C) Departmental seniority.
D) Plantwide seniority.

Question 14

In which type of organization would job security issues involving layoff and recall be less important to employees?

A) Auto manufacturer
B) Public utility
C) Baker
D) Printer

Question 15

Union leaders argue that in comparison to ability as a criterion for promotion, seniority as a criterion has the advantage of:

A) General public support.
B) Arbitration preference.
C) Being easily and objectively measured.
D) Being more motivational to employees.

Question 16

The general seniority "rule" on employee layoffs is:

A) First in first out.
B) Youngest out first.
C) Last hired, first fired.
D) Those closest to retirement go first.

Question 17

Which are the primary ingredients that are generally included in the term job security?

A) Industrial jurisprudence
B) Union rights
C) Superseniority
D) Management rights

Question 18

An employee's seniority is normally measured in units as small as _____.

A) Years
B) Weeks
C) Days
D) Hours

Question 19

Job security issues generally include all the following except:

A) Right to promotion.
B) Having work performed inside the company rather than subcontracting outside.
C) Right to a fair hearing in discipline cases.
D) Right to vote on union dues increases.

Question 20

Arbitrators have generally concluded that if reasonable doubt exists as to the ability of a senior employee to perform a job, the best criteria for making the promotion decision would be:

A) Previous experience on similar jobs.
B) A trial period on the open job.
C) Appropriate written tests.
D) Educational background.

Question 21

Management's desire to drug screen all job candidates may increase because of all of the following except:

A) The increased use of drugs within all segments of society.
B) The reluctance of previous employers to report suspected or known drug usage of former employees for fear of litigation.
C) The employer's liability for the negligent hiring of employees.
D) Employees prefer not to have the invasive testing.

Question 22

A) ____ is a set of rules governing the allocation of economic benefits and opportunities on the basis of service with one employer.

A) Seniority system
B) Superseniority
C) Promotion
D) Lateral bid

Question 23

Union leaders and arbitrators often argue that an employer has an implied agreement to not subcontract out work to employees of other companies through the __________ clause in an agreement.

A) Checkoff
B) Union security
C) Seniority
D) Scope

Question 24

_______ may be defined as arranging to make goods and perform services with another firm that could be accomplished by the bargaining unit employees within the company's current facilities.

A) Outsourcing
B) Job-bidding
C) Subcontracting
D) Rating

Question 25

Management will generally drug test current employees under one of ________ policies.

A) 6
B) 4
C) 5
D) 3

Question 26

In ________, the Court ruled that subcontracting is a mandatory subject for collective bargaining.

A) General Motors v. Brown Group, Inc.
B) Company Associated Coal v. United Mine Workers
C) Fibreboard Paper Products Corp. v. NLRB
D) Ford v. United Mine Workers

Question 27

The Length-of-Service Principle and Surviving Group Principle may both be used in combining the ______ lists of two merged companies.

A) Seniority
B) Outsourcing
C) Bidding
D) Benefits

Question 28

_______ was a campaign that started the testing of job applicants and employees in the 1980's.

A) Subcontracting
B) Outsourcing
C) Job-bidding
D) Drug free workplace

Question 29

In ________, the Court ruled that if an employer fails to give sufficient notice of a plant closing, the union may sue on behalf of the affected workers.

A) United Food and Commercial Workers Union Local 751 v. Brown Group, Inc.
B) General Motors v. Brown Group, Inc.
C) Company Associated Coal v. United Mind Workers
D) Ford v. United Mine Workers

Question 30

Seniority is the most commonly negotiated means of measuring employee service.

Question 31

Typically, the only exceptions to the use of seniority as the total or partial determinant in ____________ decisions occur when probationary employees are laid off to perform, or in superseniority cases when union officials are laid off last.

A) Worker adjustment and layoff
B) Layoff and recall
C) Shared work and recall
D) Subcontracting and worker adjustment

Question 32

When a business is purchased during the term of a labor agreement the new owner is not required to recognize the existing union as the representative for the bargaining unit.

Question 33

Contract layoff procedures may fall into __________ general categories.

A) 3
B) 4
C) 5
D) 2

Question 34

Which does not occur when an employee wants to move into a management position?

A) Up-bidding
B) Down-bidding
C) Lateral bidding
D) Forward bidding

Question 35

______ is used when an employee's length of service is considered, regardless of which company he or she worked for prior to the merger; therefore the two seniority lists are combined with no employee losing any previously earned seniority.

A) Absolute Rank Principle
B) Ratio-Rank Principle
C) Follow-the-Rank Principle
D) Length-of-Service Principle

Question 36

Generally union members already covered by a drug-testing program are more comfortable with such a program than union members not covered.

Question 37

________ is when seniority lists are merged by adding the names of the employees of the acquired company to the bottom of the acquiring company.

A) Surviving Rank Principle
B) Surviving Group Principle
C) Length-of-Service Principle
D) Ratio-Rank Principle

Question 38

Industrial jurisprudence includes the use of seniority in determining job assignments.

Question 39

An) ____________ is a bid from one classification to another in the same pay grade, or from one pool position to another regardless of pay grade.

A) Up-bid
B) Down-bid
C) Lateral bid
D) Winning bid

Question 40

The Human Capital Theory says that employees slow down with age and thus employers want to lay off older workers first.

Question 41

Job security was the focus of the 2005 contract talks between the five largest U.S. railroads and unions.

Question 42

The Ratio-Rank Principle gives employees rank positions on the merging seniority lists equal to their position on the prior seniority lists.

Question 43

A seniority list provides information on the amount of time employees have worked within a particular department.

Question 44

With the Follow-the-Work Principle, employees are allowed to continue holding previously earned seniority on separate lists when their work with the merged company can be separately identified.

Question 45

The Surviving Group Principle and Length-of-Service Principles are methods of company mergers.

Question 46

Along with wages and benefits, job security is a top priority for workers.

Question 47

The Workers Adjustment and Refraining Notification WARN) Act is also known as the Plant Closing Act.

Question 48

Management generally argues that seniority should never be considered as a criterion in promotion decisions.

Question 49

Most agreements require management to prepare and post a seniority list that includes each employee's exact seniority.

Question 50

Industrial jurisprudence is a public sector security issue.

Question 51

Contract layoff procedure may fall into one of 10 categories.

Question 52

Seniority is defined as a set of rules governing the allocation of economic benefits and employment opportunities on the basis of employee service with one employer.

Question 53

Seniority is normally calculated in terms of whole months beginning with the employee's first month of employment.

Question 54

Job bidding is a way to be promoted on the job.

Question 55

The theory behind superseniority is that union officials need to continue to work during periods of layoffs in order that the union can continue to operate.

Question 56

In most labor contracts, probationary employees will be laid off first, with further necessary layoffs being made in accordance with plantwide seniority.

Question 57

The Seniority Group Principle is related to company merger.

Question 58

The most common unit of seniority is trade.

Question 59

The decision in U.S. Airways, Inc. v. Barnett rejected seniority systems.

Question 60

When seniority lists are merged, the names of the employees of the acquired company are added to the bottom of the acquiring company's list.

Question 61

Subcontracting is a part of the absolute rank principle.

Question 62

California Governor A. Schwarzenegger's 2005 election initiatives were not defeated.

Question 63

Arbitrators usually don't give management flexibility in cases involving emergency layoffs.

Question 64

Arbitrators generally recognize that signing a contract requires that all jobs in existence will continue to be performed by members of the bargaining unit.

Question 65

A scope clause is an agreement that prohibits a company from outsourcing.