Deck 15: Labor Law

Question 1

The piece of legislation that established the right of employees to form unions,to bargain collectively,and to strike is the:

A) Landrum-Griffin Act
B) Taft-Hartley Act
C) Norris-LaGuardia Act
D) National Labor Relations Act

Answer 1

D
Explanation: Of the four pieces of seminal labor legislation, it is the National Labor Relations Act (NLRA) that most people consider to be the mainstay of union activity since it established the right of employees to form unions, to bargain collectively, and to strike.

Question 2

Which of the following categories of workers is covered by the National Labor Relations Act?

A) Nonsupervisory or nonmanagerial employees, including part-time workers
B) Independent contractors
C) Agricultural and domestic workers
D) Workers employed by their spouse or parent

Answer 2

A
Explanation: Nonsupervisory or nonmanagerial employees, including part-time workers, are covered by the National Labor Relations Act (NLRA). Specifically excluded from the NLRA are agricultural and domestic workers, independent contractors, and those employed by their spouse or parent.

Question 3

The exclusive representation clause sets forth the basis for grievances regarding conflicts over the meaning of the collective bargaining agreement and procedures for addressing them.

Answer 3

False
Explanation: The exclusive representation clause says the union representative will be the only party who can negotiate with the employer about matters affecting bargaining unit employees. The grievances clause sets forth the basis for grievances regarding conflicts over the meaning of the collective bargaining agreement and procedures for addressing them.

Question 4

The National Labor Relations Act addresses unfair labor practices that are committed by unions.

Question 5

A shop steward manages workers on behalf of an employer.

Question 6

The National Labor Relations Act:

A) defines unfair labor practices for employers
B) defines unfair labor practices for unions
C) defines unfair labor practices for employers and unions
D) does not address unfair labor practices

Question 7

A management security clause gives an employer the right to:

A) refuse to sign a written agreement to which the contracting parties orally agreed.
B) require employees to sign an agreement stating that they do not belong to an union and will not join one.
C) run the business and make appropriate business decisions as long as management complies with applicable laws and agreements.
D) require the union to represent all employees fairly and without discrimination based on union membership.

Question 8

The ________ administers labor law for federal government employees.

A) National Labor Relations Board
B) Federal Employee Relations Board
C) Federal Labor Relations Authority
D) Public Service Labor Relations Board

Question 9

The ________ Act prohibited judges from restraining any strike,regardless of its objective.

A) Labor Management Relations Act
B) Taft-Hartley Act
C) Wagner Act
D) Norris-LaGuardia Act

Question 10

The Norris-LaGuardia Act gave new legal rights to labor unions.

Question 11

The Taft-Hartley Act establishes unfair labor practices on the union side.

Question 12

The Taft-Hartley Act identifies and prohibits unfair labor practices that can be committed by unions.

Question 13

The Norris-LaGuardia Act removed impediments to workers organizing in a concerted action,and this paved the way for the enactment of the Taft-Hartley Act.

Question 14

The weapons of choice used to control early unionizing efforts included all of the following except:

A) injunctions
B) criminal conspiracy laws
C) antitrust laws
D) legislation

Question 15

Prior to the passage of laws to protect unionizing activities,employers turned to the courts to control behaviors such as striking and picketing.

Question 16

The Landrum Griffin Act of 1959 includes provisions designed to safeguard union funds.

Question 17

A bargaining unit can consist of just one person.

Question 18

The National Labor Relations Act created the National Labor Relations Board,an independent federal agency.

Question 19

Ace AC bids on a job to install a heating and air conditioning system for a new office building.Suburban Construction is the general contractor and is responsible for hiring subcontractors,such as Ace.Suburban workers are represented by the Brotherhood of Construction Workers (BCW).Ace is a nonunion employer and rebuffs efforts by the BCW to get it to sign a collective bargaining agreement with the union.The BCW sends e-mails and letters to the workers of Ace asking them not to report to work until Suburban rejects Ace's bid and instead selects a union subcontractor.In this case,the BCW commits the unfair labor practice of engaging in ________.

A) picketing
B) a secondary boycott
C) a lockout
D) wildcat strikes

Question 20

In general,federal employees are permitted to bargain over wages,hours and benefits,but cannot bargain over things like the numbers,types and grades of positions.

Question 21

Howell Inc.reduced employee benefits as a means to cut costs.The union wanted to enter into a collective bargaining agreement as Howell rejected its demands and refused to bargain and accept the union's proposals.The following day,Howell locked the employees out.Which of the following is most likely to be true in this case?

A) The lockout was a violation of the National Labor Relations Act because an employer cannot engage in lockout as a means to avoid bargaining.
B) The lockout was not a violation of the National Labor Relations Act because every employer has the right to steer clear of union activities if it is likely to interfere with management policies.
C) The lockout was not a violation of the National Labor Relations Act because every employer has the right to reject union proposals even without entering into a good-faith bargaining activity.
D) The lockout was a violation of the National Labor Relations Act because under no circumstance is an employer allowed to restrict employees from coming to work.

Question 22

Star Manufacturing was targeted for a union campaign.The union organizers contacted Reynaldo,a bend employee,to assist them in the process of unionization.When management at Star found out that Reynaldo was working with the union organizers,they fired Reynaldo.They also instituted a new rule requiring employees to leave company property within 15 minutes after the end of their shift unless speaking with a member of management. Which of the following statements is most likely to be true in this case?

A) Reynaldo has no recourse because he is an employee-at-will at Star.
B) Star has committed an unfair labor practice because it discriminated against Reynaldo for assisting the union.
C) Star has not committed an unfair labor practice because the company had not started the negotiation process with the union at the time when Reynaldo was fired.
D) Reynaldo has violated his duty of fair representation toward Star.

Question 23

Local 542 represents the employees at Reddi Tile.The union wishes to negotiate a collective bargaining agreement over wages,hours,and working conditions at Reddi,but Reddi refuses to even speak to officials of the union.Which of the following is most likely to be true in this case?

A) Reddi is guilty of an unfair labor practice for refusing to bargain over permissive subjects of bargaining.
B) Reddi is not guilty of an unfair labor practice if it can demonstrate that its employees currently enjoy wages, hours, and working conditions substantially similar to what they would have under a collective bargaining agreement.
C) Reddi is guilty of an unfair labor practice for refusing to bargain over mandatory subjects of bargaining.
D) Reddi is not guilty of an unfair labor practice if it enters into an agreement with the National Labor Relations Board (NLRB) stating that it will provide its employees with the same wages, hours, and working conditions sought by the union but without the union's presence.

Question 24

The Landrum-Griffin Act provides that:

A) management must address issues that it may become aware of during an unionizing process.
B) management must help employees form an union.
C) lobbying for right-to-work laws is legal.
D) certain procedures must be followed before any dues or initiation fee increases.

Question 25

Which of the following statements is true of a shop steward according to the National Labor Relations Act?

A) He or she is elected by an employer to negotiate with the union.
B) He or she is not allowed to collect union dues from employees.
C) He or she is not allowed to be an union member.
D) He or she is permitted to recruit new workers.

Question 26

Suzy was the shop steward for the union at her place of employment.Following an investigation,the union members discovered that Suzy stole $17,000 from the union over a 10-year period.Suzy is guilty of a federal crime under the ________.

A) National Labor Relations Act
B) Taft-Hartley Act
C) Landrum-Griffin Act
D) Norris-LaGuardia Act

Question 27

Garden Works approaches union representatives about scheduling midterm negotiations in accordance with the collective bargaining agreement.The union refuses to meet with management,claiming that there is nothing to negotiate. Which of the following is most likely to be true in this case?

A) The union's refusal to bargain with Garden Works is legal because the parties did not have a dispute prior to the request to have midterm negotiations.
B) The union's refusal to bargain with Garden Works is illegal because refusing to bargain is an unfair labor practice.
C) The union's refusal to bargain with Garden Works is legal because unions can refrain from bargaining if they feel that it would cost them more than usual.
D) The union's refusal to bargain with Garden Works is illegal because it constitutes a breach of the management clause.

Question 28

Ella is not required to join the union that represents co-workers at her place of employment under the agency shop clause.This means that:

A) she must, nevertheless, pay union dues.
B) she has a choice in making union dues payments.
C) she is exempt from paying a service fee to the union.
D) she is, nevertheless, bound by the rules and regulations of the union.

Question 29

Elena has been involved in negotiations with the union representing her employees for over seven months.An agreement has not been reached on any issue although Elena has made concessions from her original position.She is unwilling to make further concessions.If no agreement is reached within a reasonable amount of time:

A) Elena will be liable for having committed an unfair labor practice because the law expects her to make maximum concessions before giving up on the agreement.
B) the Norris-LaGuardia Act permits the union to impose terms and conditions substantially similar to those enjoyed by similarly situated workers.
C) Elena will not be liable for having committed an unfair labor practice because the law does not require that an agreement be reached, only that the parties bargain in good faith.
D) the National Labor Relations Act permits the National Labor Relations Board to impose terms and conditions substantially similar to those enjoyed by similarly situated workers.

Question 30

Which of the following constitutes concerted activity protected by the NLRA?

A) activities of a single employee to entice other employees to join a union
B) activities of a group of employees to entice other employees to join a union
C) discussions among employees about a plan to use violence, if necessary, to coerce other employees into joining a union
D) Both A and B

Question 31

An example of an unfair labor practice is when an employer:

A) reinstates striking employees.
B) remains neutral during union elections.
C) fails to include all union demands in the collective bargaining agreement.
D) refuses to bargain with the union.

Question 32

The union at WeRPlumbers decides to strike because negotiations on wages and working conditions have broken down.Eight days into the strike,several of the strikers take control of the company headquarters to prevent WeR from hiring replacement workers.This type of strike is called a(n)________.

A) sympathy strike
B) intermittent strike
C) sitdown strike
D) slowdown strike

Question 33

The Institute of Technology has a policy that prohibits any employee,whether or not a representative of the union,from distributing any union literature or notice.It has also stated that employees can be dismissed for supporting or joining a union and that they should address any issues using the formal complaint process.Which of the following statements is most likely to be true in this case?

A) The Institute has not committed an unfair labor practice because employers can prohibit employees from supporting an union.
B) The Institute has committed the unfair labor practice of asking employees to use the formal complaint process to address any issues.
C) The Institute has committed the unfair labor practice of coercing employees in the exercise of their rights under the National Labor Relations Act.
D) The Institute has not committed an unfair labor practice because employers are allowed to dismiss employees for joining a union.

Question 34

The employees of Jones-Day Manufacturing are represented by a union.All of the mechanics who repair the company's equipment work day shifts,which means that if equipment breaks down in one of the other shifts,Jones has to pay overtime or suffer lost production.Jones proposes to the union that the mechanics be assigned rotating shifts to solve the problem,but the union refuses.Jones then unilaterally changes the shift assignments in accordance with its proposal.The union,sensing malpractice,goes on strike,and Jones replaces the striking mechanics.Later,the National Labor Relations Board finds that Jones has indeed committed malpractice.If the striking mechanics make an unconditional offer to return to work,Jones:

A) does not have to reinstate the mechanics because they were jurisdictional strikers.
B) does not have to reinstate the mechanics because they were wildcat strikers.
C) must reinstate the mechanics because they were unfair labor practice strikers.
D) must reinstate the mechanics because they were economic strikers.

Question 35

A union can use its nonmember service fees for:

A) political activities that are germane to collective bargaining.
B) all activities undertaken by a union's officer on behalf of the union.
C) payment of special benefits to local government officials.
D) social service activities that are undertaken by the union.

Question 36

Which of the following constitutes a union unfair labor practice?

A) setting a reasonable dues structure, even though employees may question the reasonableness
B) bargaining in bad faith (not attending bargaining sessions, failure to provide proposals, failure to provide necessary information)
C) multiple requests to employees to join the union
D) providing proposals representing the union's position on certain bargaining issues

Question 37

Which statute established a minimum bill of rights for union members?

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

Question 38

Which of the following represents a valid union shop clause?

A) employment may not be conditioned on union membership
B) individuals must join the union immediately upon employment
C) individuals must attend and listen to a union "pitch" for membership
D) individuals are required to join the union no more than 60 days after becoming employed

Question 39

A union is said to have failed to discharge its duty of fair representation when:

A) its outcome is not approved by the management of a company.
B) its agreement with an employer is wholly irrational or arbitrary.
C) it refuses to bargain with an employer.
D) it collects dues from its union members.

Question 40

During a unionizing campaign,an employer is prohibited from:

A) trying to help employees form a union.
B) sending letters to employees' homes.
C) telling employees how good the company's working conditions are.
D) giving pay raises or benefits to all workers.

Question 41

Explain how criminal conspiracy laws and injunctions were used against workers prior to the advent of modern labor law in the mid-20ᵗʰ century.

Question 42

The most important difference between public and private collective bargaining is that:

A) federal legislation and most state statutes do not contain the right of public employees to strike.
B) federal employees cannot bargain about the numbers, types, and grades of positions and procedures for performing work or exercising authority.
C) federal employees cannot bargain about the alternatives for employees harmed by management decisions.
D) federal employees alone are allowed to bargain over wages, hours, and benefits, while private employees cannot.

Question 43

Union representatives of the Uptown Bakery make a formal request to management for a meeting to discuss wage increases,health care benefits,holiday pay,the amount of union dues,and the frequency of union elections.Management rejects the request outright but raises wages by 2 percent for all employees.Discuss management's actions under the National Labor Relations Act.

Question 44

The Federal Labor Relations Authority

A) enables federal unions to conduct direct bargaining over wages.
B) is the federal counterpart to the private sector's National Labor Relations Board.
C) was established by the Welfare Reform Act of 1996.
D) was established to administer private sector labor law.

Question 45

List the six unfair labor practices that could be committed by organized labor under section 8 of the Taft-Hartley Act.

Question 46

Explain the concept of bargaining in good faith in the context of collective bargaining agreements under the National Labor Relations Act.

Question 47

Margo,a unionized civil servant,works for a government agency.She believes that she and her co-workers have been the subject of an unfair labor practice on the part of the agency.Claims of this type are typically handled by the ________.

A) Equal Employment Opportunity Commission
B) Merit Systems Protection Board
C) National Labor Relations Board
D) Federal Labor Relations Authority

Question 48

Describe the purpose and the basic provisions of the Landrum-Griffin Act of 1959.

Question 49

The Landrum-Griffin Act includes a bill of rights for union members,which provides that union members have the right to:

A) an established process before any dues increases or initiation fee increases are implemented
B) vote on the business of management.
C) turn into free riders if dissatisfied with union activities.
D) refrain from paying union dues for a period of one year

Question 50

Which law has provisions designed to safeguard union funds?

A) The Norris-LaGuardia Act
B) The Taft-Hartley Act
C) The Landrum-Griffin Act
D) The National Labor Relations Act