Question 1

A list of unfair labor practices by both employers and unions is defined in the:

Accepted Answer

The National Labor Relation Act outlines unfair labor practices by both employers and unions, including interfering with employees' right to unionize or engage in protected concerted activity, retaliating against employees for such activity, and refusing to bargain in good faith. The Age Discrimination in Employment Act prohibits employment discrimination against individuals 40 years of age or older. The National Industrial Recovery Act allowed for industry codes of fair competition, but was later declared unconstitutional. The Civil Rights Act prohibits employment discrimination on the basis of race, color, religion, sex, or national origin. While all of these laws may touch on unfair labor practices, the NLRA is the law most directly focused on such practices in the context of unionization and collective bargaining.

Question 2

In NLRB v.Transportation Management Corp.,discharging Santillo was an unlawful labor practice because the employer had:

Accepted Answer

The fact that the employer discharged Santillo suggests an anti-union animus, which is prohibited by the National Labor Relations Act. Therefore, the best choice is D.

Question 3

In Electromation,Inc.v.NLRB,the NLRB ultimately found that Electromation violated Sections 8(a) (2) and (1) of the NLRA,through its establishment and administration of:

Accepted Answer

In Electromation, Inc. v. NLRB, the National Labor Relations Board (NLRB) found that Electromation violated Sections 8(a)(2) and (1) of the National Labor Relations Act (NLRA) by establishing and administering "action committees." These committees were deemed to be employer-dominated labor organizations, which interfered with the employees' rights to self-organize and collectively bargain.

Question 4

Nicolas is a member of the bargaining unit at Smith Inc.,and has been very vocal in his criticism of the performance of the union's leadership in the last contract negotiations.Steve,the union's chief steward,irate over Nicolas' complaints,meets with Benjamin,the HR director,to discuss terminating Nicolas.Here,Steve violated Section 8(b) (2) of the:

Accepted Answer

Section 8(b)(2) of the National Labor Relations Act prohibits unions from unfairly causing or attempting to cause an employer to discriminate against an employee in violation of that employee's rights under the NLRA. In this case, Steve, as a union official, meeting with Benjamin, the HR director, to discuss terminating Nicolas because of his criticisms of the union's leadership would be a violation of this section.

Question 5

Moonwatcher.com,a video surveillance company,has issued a work rule requiring its employees to have radio frequency identification chips embedded in their forearms,in order to monitor the employees' movements while they are working.This rule violates Section 7 under NLRA because it's overtly intrusive of the employers into the employee's life.To enjoy such rights the employees:

Accepted Answer

The employees need not be a part of an organized union to enjoy Section 7 rights under NLRA, which protects an employee's right to engage in concerted activity for mutual aid or protection. The work rule requiring RFID chips is intrusive and violates this right.

Question 6

In E.I.DuPont & Co,the NLRB decided to restrict Weingarten rights only to:

Accepted Answer

The NLRB decision in E.I.DuPont & Co restricted Weingarten rights only to unionized employees. These rights include the right to have a union representative present during any investigative interviews that may lead to discipline. Non-union employees and private or federal employees are not covered under Weingarten rights.

Question 7

Strikes in which the union selectively strikes in just one firm in the industry are known as:

Accepted Answer

Strikes in which a union selectively strikes in just one firm in the industry are known as whipsaw strikes. This type of strike is considered strategic by the union as it puts pressure on the targeted firm to comply with the union's demands, while also avoiding negative consequences for the other firms in the industry.

Question 8

In Guard Publishing Company v.National Labor Relations Board,the court noted that the NLRB had held that,the company had not violated Section 8(a) (1) when it issued a(n):

Accepted Answer

The court noted that the NLRB had found that the company did not violate Section 8(a)(1) of the National Labor Relations Act when it issued a disciplinary warning to an employee who had engaged in protected union activity. Therefore, choice D (disciplinary warning) is the correct option.

Question 9

Unfair labor practices by employers interfere with employees in exercise of their rights under:

Accepted Answer

Section 7 of the National Labor Relations Act guarantees employees the right to form and join unions, engage in collective bargaining, and engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection. Unfair labor practices by employers that interfere with these rights are prohibited.

Question 10

In NLRB v.City Disposal Systems,the Court of Appeals concluded that the Brown's refusal was not a(n) _____ according to Section 7 of the NLRA.

Accepted Answer

In NLRB v. City Disposal Systems, the Court of Appeals concluded that Brown's refusal was a concerted activity according to Section 7 of the NLRA, which protects employees' rights to engage in concerted activities for mutual aid or protection.

Question 11

As remedy for violation of Section 8(a)(2),the NLRB may order the employer:

Accepted Answer

The answer of As remedy for violation of Section 8(a)(2),the...

Question 12

When an employer is charged under Section 8(a)(3) for refusing to hire an applicant whom the employer suspects to be a union organizer,which of the following can the employer use to defend his decision?

Accepted Answer

The employer can try to defend their decision by raising a reasonable question about the applicant's interest in the job, rather than suspicion of being a union organizer. This defense would argue that the decision was not based on anti-union sentiment but on a legitimate concern about the applicant's qualifications and fit for the job. The other options are not relevant to the defense against a Section 8(a)(3) charge.

Question 13

Management at Freedom Solar Technologies Inc.supported a captive union in their company which,while creating an impression of collective input,allowed management control.As this type of employer domination is outlawed under Section 8(a)(2),the company may apply any of the remedies mentioned below except:

Accepted Answer

Supporting and encouraging the majority union would still imply management interference, which is not allowed under Section 8(a)(2).

Question 14

According to NLRB v.Johnnie's Poultry Co.and Wisconsin Porcelain Co,an interrogation must include reassurances that participation in the interrogation is _____.

Accepted Answer

According to NLRB v. Johnnie's Poultry Co. and Wisconsin Porcelain Co, an interrogation must include reassurances that participation in the interrogation is voluntary.

Question 15

In the matter of verifying the union's claim to have the majority,the NLRB requires that the employer have a _____ about a union's claim of majority support in order to conduct a poll of employees regarding their support of a union.

Accepted Answer

The NLRB requires employers to have a good faith reasonable doubt about a union's claim of majority support in order to conduct a poll of employees regarding their support of a union. This means the employer must have a legitimate doubt about the union's claim and cannot simply conduct a poll as a stall tactic or in bad faith. This requirement helps ensure that the election process is fair and unbiased.

Question 16

Section 8(a) (1) and Section 8(b) (1) of NLRB,prohibits:

Accepted Answer

Section 8(a)(1) of the National Labor Relations Act prohibits employers from interfering with, restraining, or coercing employees in the exercise of their rights to self-organize, form, join, or assist labor organizations, or to engage in other concerted activities for collective bargaining or mutual aid or protection. Section 8(b)(1) prohibits labor organizations from restraining or coercing employees in the exercise of their rights under the Act. Therefore, the correct answer is C, which states that Section 8(a)(1) and Section 8(b)(1) of NLRB prohibits coercion and restraint of employees.

Question 17

The union at Westinghouse Machine Tools has been successfully representing the employees of the 110-year old company.Recently,one of the employees petitioned against the union,claiming that she and a few other employees were ignored in the union meetings and that they were discriminated against because they were African American.Which section of the NLRA did the union violate in this case?

Accepted Answer

Section 8(b)(1)(A) prohibits unions from restraining or coercing employees in the exercise of their rights under the NLRA, including the right to support or refrain from supporting a union. Discriminating against employees on the basis of race would be a violation of this section. The other sections listed do not directly relate to discrimination.

Question 18

In Lechmere,Inc.v.NLRB,Lechmere's refusal to allow non employee union organizers onto its property to attempt to organize the store's employees,was held as an unfair labor practice under _____ of the NLRA.

Accepted Answer

The answer of In Lechmere,Inc.v.NLRB,Lechmere's refusal to allow non employee...

Question 19

If the restrictive work rule of employer restricts action under Section 7,it is a violation of:

Accepted Answer

Section 7 of the National Labor Relations Act (NLRA) protects employees' right to engage in concerted activities for mutual aid or protection, which includes the right to form or join a union. Section 8(a)(1) of the NLRA makes it an unfair labor practice for an employer to interfere with, restrain, or coerce employees in the exercise of their Section 7 rights. Therefore, if an employer's restrictive work rule restricts action under Section 7, it would be a violation of Section 8(a)(1).

Question 20

In Atlantic-Pacific Coast Inc.v.NLRB,employee collecting signatures of coworkers on a letter to management protesting the selection of a new supervisor was held to be engaged in:

Accepted Answer

The employee collecting signatures of coworkers on a letter to management protesting the selection of a new supervisor is engaged in protected activity under the National Labor Relations Act, specifically the right to engage in collective bargaining and concerted activities for mutual aid and protection.

Quiz 14: Unfair Labor Practices By Employers And Unions