Deck 15: Labor Law

Question 1

The Landrum-Griffin Act of 1959 provided a bill of rights for union members.

Answer 1

True
Explanation:The Landrum-Griffin Act of 1959 provided a bill of rights for union members. The bill of rights was enacted in response to union abuses actually found during a two-year congressional investigation.

Question 2

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 a 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.

Answer 2

C
Explanation:A management security clause gives an employer the right to run the business and make appropriate business decisions as long as management complies with applicable laws and agreements. Job and union security are the main issues for employees, while freedom from labor strife such as strikes, slowdowns, and work stoppages is paramount for employers.

Question 3

Cordova 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 Cordova 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) Cordova 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) Cordova 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.

Answer 3

C
Explanation:Cordova 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. The intent is to prevent management from unilaterally instituting workplace policies that closely affect workers without at least getting employee input and negotiating the matter. As long as good-faith bargaining takes place, there has been compliance with the statute even though there may be no agreement between the parties.

Question 4

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

Question 5

The Norris-LaGuardia Act limited the enforcement of yellow dog contracts,and this paved the way for the enactment of the Taft-Hartley Act.

Question 6

U.S.postal employees are generally allowed to bargain over wages,hours,or benefits.

Question 7

The Taft-Hartley Act was enacted as an amendment to the National Labor Relations Act (NLRA)to curb excesses by unions.

Question 8

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

A) Cochran is guilty of an unfair labor practice for refusing to bargain over permissive subjects of bargaining.
B) Cochran 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) Cochran is guilty of an unfair labor practice for refusing to bargain over mandatory subjects of bargaining.
D) Cochran 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 9

Which of the following government sectors in the United States has the highest percentage of union members?

A) State government
B) Local government
C) Federal government
D) Quasi federal government

Question 10

The National Labor Relations Act is also known as the _____.

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

Question 11

The National Labor Relations Act protects employees in their right to engage in concerted activities,which:

A) excludes the discussion of unionization among employees.
B) includes attempts by one employee to solicit union support from another employee.
C) excludes attempts by a single employee to unionize when no other employee joins him or her.
D) includes acts of vandalism by employees against an employer.

Question 12

In the context of the National Labor Relations Act,which of the following statements is true of a shop steward?

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 a union member.
D) He or she is permitted to recruit new workers.

Question 13

Under the Norris-LaGuardia Act,judges have the right to restrain any strike depending on its objective.

Question 14

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

Question 15

Economic strikers are not entitled to be reinstated if their jobs are occupied by replacement workers.

Question 16

The _____ declared that yellow dog contracts were inconsistent with U.S.public policy and not enforceable in any court in the United States.

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

Question 17

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 18

The union shop agreement clause requires all employees of the bargaining unit to pay union dues,whether they are union members or not.

Question 19

Closed shops were permitted under the Taft-Hartley Act.

Question 20

The National Labor Relations Board is the independent federal agency that enforces labor laws for _____.

A) state and local government employees
B) private sector employees
C) federal government employees
D) congressional employees

Question 21

GH Gartner Industries 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 GH Gartner 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 GH Gartner is illegal because refusing to bargain is an unfair labor practice.
C) The union's refusal to bargain with GH Gartner 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 GH Gartner is illegal because it constitutes a breach of the management clause.

Question 22

Which of the following statements is true of the Federal Labor Relations Authority?

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

Question 23

Loraine was the shop steward for the union at Capricorn Manufacturing Corp.The union members discovered that Loraine had stolen $17,000 from the union over a 10-year period.Loraine 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 24

The _____ was enacted in response to congressional investigations into union corruption from 1957 to 1959.

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

Question 25

Union representatives of Penderton 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 26

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

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

Question 27

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 28

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

Question 29

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

A) nominate candidates for union elections.
B) vote on the business conducted by management.
C) turn into free riders if dissatisfied with union activities.
D) refrain from paying union dues.

Question 30

The Landrum-Griffin Act provides that:

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

Question 31

Wildcat strikes are illegal if they _____.

A) are conducted to merely make a statement
B) impose the will of the majority
C) force an employer to deal with the employees and not the union
D) are authorized by the union

Question 32

Madeline,a unionized civil servant,works for the U.S.International Revenue Commission (IRC),a government agency.She believes that she and her co-workers have been the subject of an unfair labor practice on the part of IRC.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 33

Big Time Manufacturing Inc.was targeted for a union campaign.The union organizers contacted Walter,a bend employee,to assist them in the process of unionization.When management at Big Time came to know that Walter was working with the union organizers,they fired Walter.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) Walter has no recourse because he is an employee-at-will at Big Time.
B) Big Time has committed an unfair labor practice because it discriminated against Walter for assisting the union.
C) Big Time has not committed an unfair labor practice because the company had not started the negotiation process with the union at the time when Walter was fired.
D) Walter has violated his duty of fair representation toward Big Time.

Question 34

Sharon 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 35

The union at PC Binder Plumbing Factory 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 factory to prevent Binder from hiring replacement workers.This type of strike is called a(n)_____.

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

Question 36

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 37

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 38

NeonCore Industries reduced employee benefits as a means to cut costs.The union wanted to enter into a collective bargaining agreement as NeonCore rejected its demands and refused to bargain and accept the union's proposals.The following day,NeonCore 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 39

Individuals in a bargaining unit who do not pay dues but whom the union is still obligated to represent are known as _____.

A) free riders
B) yellow dog contract members
C) union members
D) independent contractors

Question 40

Which of the following statements is true of the Landrum-Griffin Act of 1959?

A) The law enacted provisions to safeguard union funds.
B) The act created a bill of rights for Congress.
C) The act provided specific procedures to govern U.S. elections.
D) The act regulated the activities of management.

Question 41

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

Question 42

Discuss the Landrum-Griffin Act of 1959.