Deck 4: Organizational Campaigns

Question 1

Which of the following employee activities would be protected against employer retaliation under the National Labor Relations Act?

A) Serious trespassing.
B) Destruction of property.
C) Participating in an unlawful strike.
D) Complaining to local government.

Answer 1

D

Question 2

A primary strike is determined when:

A) An agreement is reached.
B) A type of concerted activity protected under the act is called for economic reasons or to protest unfair labor practices.
C) The strikebreakers can only be kept if there are vacant positions.
D) None of the strikers can ever be rehired.

Answer 2

B

Question 3

Employees are generally given the right to use an employer's bulletin board for union solicitation material if:

A) They ask the NRLB.
B) It is negotiated through collective bargaining.
C) They have been given unrestricted access to it in the past.
D) Only if management gives written permission.

Answer 3

C

Question 4

Employers could legally poll their employees to determine their desire for a union if they remember 4 things. Which of the following is not included?

A) Facts
B) Opinions
C) Experience
D) Promise

Question 5

Which of the following is a criterion an employer must meet when questioning employees during an organizational campaign?

A) An assurance of no reprisal must be given.
B) The questioning must be coercive.
C) The purpose of the questioning must be communicated to employees.
D) The question need not be relevant to the issues.

Question 6

If a regional director of the NLRB cannot convince the parties to settle an unfair labor practice dispute, the next step is:

A) U.S. Circuit Court.
B) The National Labor Relations Board.
C) A local district court.
D) A hearing before an administrative law judge.

Question 7

An action by employees for the legitimate furtherance of their common interests pursued on behalf of, or with other employees, and not solely on behalf of a particular employee is known as:

A) A secondary boycott.
B) Dominance.
C) Concerted activity.
D) Employer discrimination.

Question 8

The National Labor Relations Act considers all of the following employer activities to be unfair labor practices except:

A) Discrimination against employees because they are union members.
B) Forming a labor union.
C) Bargaining through multiemployer entities.
D) Refusing to bargain collectively with representatives of employees.

Question 9

Employees cannot organize a labor campaign in which of the following situations?

A) On the employer's property.
B) During lunch breaks.
C) After the regular workday.
D) Leafleting cars in the employers' parking lot.

Question 10

The majority of unfair labor practice cases filed with the NLRB are concerned with:

A) Discrimination against union employees.
B) Domination of a union.
C) Election interference.
D) Threats of loss of benefits.

Question 11

The NLRB "good-faith efforts" test requires:

A) Active participation in activations.
B) Effort from the employer to satisfy the needs of the business.
C) Binding agreements on the unions terms.
D) A sincere effort to reach a common ground.

Question 12

The "totality of conduct" test is applied to:

A) Make an equal number of concessions.
B) Determine the fulfillment of the good-faith bargaining obligation.
C) Meet on mandatory subjects.
D) Present a total list of demands at the initial meeting.

Question 13

Generally, which of the following is true of organizing campaigns?

A) Oral solicitation by employees on work premises is allowed during nonwork hours.
B) Literature distribution on work premises is allowed during work hours.
C) Literature distribution in work areas is restricted to nonwork hours.
D) Oral solicitation by nonemployees on work premises is allowed during work hours.

Question 14

Employers may legally give employees salary increases during a union organizing campaign:

A) At their discretion.
B) Within 60 days of the actual vote.
C) If it is consistent with past practice.
D) With permission of the unions.

Question 15

The Wagner Act is also known as the:

A) Craft Unions Act.
B) Industrial Unions Act.
C) National Labor Relations Act.
D) Independent Local Unions Act.

Question 16

Which of the following union activities would not be an unfair labor practice under the Taft-Hartley Act?

A) Causing an employer to discriminate against an employee.
B) Threats of violence against relatives of employees.
C) Picketing that restrains others from entering a work site.
D) Compelling an employee to join the union in a union shop.

Question 17

During a union organizing campaign, which of the following would usually be considered a legal employer activity?

A) Withholding a Christmas bonus.
B) Telling employees what the effects of unionism might be.
C) Threatening to close the plant.
D) Creating undesirable working conditions.

Question 18

UNITE has asked CINTAS to sign an) ______________, which would require the employer to recognize the union as the official bargaining agent.

A) Card-check neutrality
B) Employer agreement
C) Contract agreement
D) Union agreement

Question 19

Which employer activity during a union organization drive will almost always be viewed as an unfair labor practice?

A) Polling employees.
B) Surveillance of the employees.
C) Granting pay increases.
D) Discussing union activities with other employers.

Question 20

For an employer's interference with employee rights to be considered an unfair labor practice, the NLRB:

A) Requires proof of actual interference, restraint, or coercion.
B) Requires three eyewitnesses to the alleged act.
C) Will not consider the motive of the employer.
D) Uses a "reasonable probability test" of interference, restraint, or coercion.

Question 21

Employers have a duty to furnish information to unions, enabling them to carry out the negotiation process.

Question 22

Managers and supervisors should follow the following TIPS and FORE:

A) Promise.
B) Experience.
C) Don't give opinions.
D) Interrogate.

Question 23

On a 2004-2005 5-pt scale, 3.25 participants in the NLRB Unfair Labor Practice Settlement Program feel:
a. That it is fair.
b. Satisfied with the outcome.
b.; Difficult)
c. They're provided an opportunity to present my views.
d. That it was not too formal or informal.

Question 24

Modeled after the National Labor Relations Act, the Federal Labor Relations Act creates rights and obligations on the part of the _____________ in a federal government workplace represented by a labor union.

A) Management
B) FCLU
C) ACRC
D) FLRA

Question 25

NLRB board members are generally viewed as objective and impartial decision-makers.

Question 26

As outlined by the NLRB, activities that constitute violations of the act are known as _________.

A) Misrepresentation
B) Dominance
C) Coercion
D) Prohibited conduct

Question 27

Although individuals and agencies may file unfair labor practice charges, historically unions have filed ______% of all unfair labor practice charges filed in the FLRA.

A) 75
B) 85
C) 95
D) 50

Question 28

Under the Boulwarism case, an employer can ban nonemployees union organizers) from a parking lot otherwise open to the public, if the union has another way to reach employees.

Question 29

______________ states that any company rules prohibiting union solicitation by employees outside working time, even on the employer's property, is an unreasonable impediment to self-organization.

A) Republic Aviation
B) Lechmere
C) Reasonable means
D) Coercion

Question 30

Unions have filed ___% of all unfair labor practice charges filed with the FLRA.

A) 95
B) 85
C) 65
D) 55

Question 31

The National Labor Relations Act cannot guarantee employees the right to refrain from bargaining collectively.

Question 32

Which of the following would be the least likely to be considered an act of bad faith bargaining?

A) Refusal to meet.
B) Unwillingness to concede on a mandatory item after all other items have been negotiated.
C) Only offering proposals which are contained in the existing contract.
D) Continually canceling negotiation sessions without explanation.

Question 33

Under the Pattern Makers League v. NLRB, the Supreme Court ruled that for a union to fine members for resigning and returning to work during a strike is:

A) An unfair labor practice.
B) Legal.
C) Permitted if management agrees.
D) Permitted if the contract is negotiated.

Question 34

The NLRB prohibits electioneering in an organizational campaign, generally within _______ of the polls.

A) 100 feet
B) 1 mile
C) 10 feet
D) 10 miles

Question 35

In 2004, in a 3-2 decision, the NLRB overruled a previous NLRB decision, __________ vs. NLRB, which had extended the Weingarten rule to employees in nonunion workplaces.

A) Taft-Hartley
B) Pattern Makers League
C) United Broadcasting Co. of NY
D) Epilepsy Foundation

Question 36

Which of the following is an independent government agency charged with administering federal labor-management relations programs?

A) FLRA
B) NLRB
C) CALO
D) FORE

Question 37

The NLRB v. Exchange Parts Co. case illustrates that an employer can increase an employee benefit during an organizing campaign if it does not interfere with the organization effort itself.

Question 38

The "24-hour rule" prohibits:

A) Employers from making organizational campaign speeches on company time to assemblies of employees within 24 hours of a scheduled election.
B) Unions from making organizational campaign speeches on company time to assemblies of employees within 12 hours of a scheduled election.
C) Employers and unions from picketing within 24 hours of a scheduled election.
D) Employers from a lockout within 24 hours of a strike.

Question 39

Deep Check
_______________ is a "take-it-or-leave-it" bargaining technique.
a. Auction bargaining
a. Settled
b. Dismissed
b. Surface bargaining
c. Good-faith bargaining

Question 40

The NLRB constantly performs random employer inspection to check for unfair labor practices.

Question 41

The National Labor Relations Act considers bargaining through multiemployer entities to be an unfair labor practice.

Question 42

Employers are allowed to question employees individually during an organizational campaign.

Question 43

The PATCO Act gives employees the right to refrain from union activities.

Question 44

Supervisors who refuse to coerce employees to renounce the union may be lawfully fired by their employer.

Question 45

Under the Pattern Makers League vs. ACT, the Supreme Court ruled that for a union to fine members for resigning and returning to work during a strike is an unfair labor practice.

Question 46

The number of union representation elections dropped between 1973 and 2004.

Question 47

Employees participating in a strike to protest an unfair labor practice are not entitled to reinstatement.

Question 48

An employer is not prohibited from giving a union financial assistance during an organizational drive.

Question 49

Employers may have to allow union officials to meet employees on company time and property to pursue a union organization drive.

Question 50

Supervisors are allowed to solicit employee support for a union.

Question 51

Based on self-organization within a labor union, employees don't have the right to engage in organizational campaigns.

Question 52

An employer should negotiate with the bargaining representative rather than the employee directly.

Question 53

A union is not allowed to fine a member who does not participate in a union-called strike.

Question 54

Boulwarism is not lawful under the National Labor Relation Act.

Question 55

Prior to the National Labor Relations Act, no federal law protected the basic rights of employees to join together.

Question 56

Employees of one employer cannot legally assist the employees of another employer to unionize.

Question 57

Antiunion animus is when the employer's conduct is not motivated by a desire to penalize or reward employees for union activity or the lack of it.

Question 58

The "24-hour rule" prohibits employers and unions from picketing within 24 hours of a scheduled election.

Question 59

Employees are not guaranteed the right to wear union buttons during working hours.

Question 60

Unions cannot legally promise employees "bonuses" from the strike fund if they vote in the union.

Question 61

Unions have successfully organized Wal-mart.

Question 62

In a dual-motive discrimination legitimate case, the employer puts forth two explanations for the action of which there was a complaint.

Question 63

A primary strike is a type of concerted activity protected under the NLRB Act if it is called for to protest right-to-work laws.

Question 64

In a pretext discrimination case, the employer puts forth only the legitimate business reason, but the complainant asserts that the legitimate reason is the false cause for the action.