Question 1

Agricultural laborers are specifically excluded from coverage under the Labor Management Relations Act.

Accepted Answer

The Labor Management Relations Act, also known as the Taft-Hartley Act, does not cover agricultural laborers, as they are specifically excluded from its provisions.

Question 2

The Wagner Act gave unions considerable power,which had to be counterbalanced by passage of the Taft-Hartley Act.

Accepted Answer

The Wagner Act of 1935 strengthened labor unions by establishing the right to collective bargaining, which led to the Taft-Hartley Act of 1947 being passed to limit some of the powers of unions and address concerns of union overreach.

Question 3

The Racketeer Influenced and Corrupt Organizations Act (RICO)forbids anyone involved in racketeering from investing in or controlling through racketeering activity any enterprise (business or labor union)engaged in interstate commerce.

Accepted Answer

The RICO Act is designed to combat organized crime by prohibiting individuals involved in racketeering from investing in or controlling enterprises engaged in interstate commerce through racketeering activities.

Question 4

Requiring applicants to sign yellow-dog contracts was a provision of the Wagner Act.

Accepted Answer

The Wagner Act, also known as the National Labor Relations Act of 1935, protected workers' rights to unionize and prohibited yellow-dog contracts, which required workers to agree not to join a union.

Question 5

The NLRB decisions are similar to Supreme Court decisions in that they are independent of political party influences.

Accepted Answer

The National Labor Relations Board (NLRB) decisions can be influenced by political party affiliations, as board members are appointed by the President and confirmed by the Senate, often reflecting the current administration's policies.

Question 6

The NLRB has final authority to settle all unfair labor practice charges..

Accepted Answer

The NLRB has final authority to settle all unfair labor practice charges, subject to judicial review.

Question 7

Because the National Labor Relations Act prohibited interference with labor unions in 1935,companies were allowed to establish company unions to assure the integrity of unions.

Accepted Answer

The National Labor Relations Act of 1935 actually prohibited company unions, as they were seen as a way for employers to control or interfere with genuine labor union activities.

Question 8

Two major deficiencies of the Norris LaGuardia Act were: (1)the act did not establish an administrative agency and to enforce the act's provisions; (2)no specific employer unfair labor practices (ULPs)were identified or prohibited.

Accepted Answer

The Norris-LaGuardia Act did not create an administrative agency for enforcement and did not specify or prohibit employer unfair labor practices, focusing instead on limiting the power of federal courts to issue injunctions in non-violent labor disputes.

Question 9

The National Labor Relations Board's regional director and staff work with the General Counsel to investigate ULP charges.

Accepted Answer

The National Labor Relations Board's regional director and staff collaborate with the General Counsel to investigate Unfair Labor Practice (ULP) charges as part of their duties.

Question 10

An employee alleging unlawful discharge is NOT under affirmative duty to seek comparable employment to mitigate the respondent employer's potential back-pay liability while awaiting a final determination of the merit of the ULP charge.

Accepted Answer

An employee alleging unlawful discharge is generally required to mitigate damages by seeking comparable employment to reduce the employer's potential back-pay liability.

Question 11

For employee activity to be protected under the LMRA,the concerted activity must be for a protected purpose described in Section 7 of the Act and engaged in using lawful means.

Accepted Answer

Section 7 of the LMRA protects employees' rights to engage in concerted activities for mutual aid or protection, but these activities must be lawful to be protected.

Question 12

The Supreme Court ruled in the late 1930s that labor disputes were covered under the Norris-LaGuardia Act and injunctions could easily be obtained.

Accepted Answer

The Norris-LaGuardia Act of 1932 restricted the power of federal courts to issue injunctions in non-violent labor disputes, making it more difficult, not easier, to obtain such injunctions.

Question 13

Under the preemption doctrine,state law or local ordinances take precedent over federal law.

Accepted Answer

Under the preemption doctrine, federal law takes precedence over state or local laws when there is a conflict.

Question 14

Modern U.S.labor relations law relies primarily on federal and state statutory laws or local government ordinances,judicial decisions interpreting and applying statutory laws and local ordinances,and decisions by administrative agencies responsible for administering specific labor laws.

Accepted Answer

Modern U.S. labor relations law is based on a combination of federal and state statutes, judicial interpretations, and administrative agency decisions, which collectively govern labor practices and relations.

Question 15

Statutory law includes legislation originally written for general population but is applied in specific instances to labor relations.

Accepted Answer

Statutory law refers to laws enacted by a legislative body, and these laws can be broad but applied to specific contexts, such as labor relations, when relevant.

Question 16

The regional director of the NLRB initiates investigation of a company when it suspects that the company has committed an unfair labor practice.

Accepted Answer

The answer of The regional director of the NLRB initiates...

Question 17

The Equal Employment Opportunity Commission is a federal administrative agency under the Norris-LaGuardia Act.

Accepted Answer

The Equal Employment Opportunity Commission (EEOC) is a federal agency established under the Civil Rights Act of 1964, not the Norris-LaGuardia Act. The Norris-LaGuardia Act is related to labor disputes and limits the power of federal courts to issue injunctions against nonviolent labor disputes.

Question 18

Employees are protected in pursuing their mutual working condition concerns,even if they do not belong to a labor organization.

Accepted Answer

The National Labor Relations Act (NLRA) protects employees' rights to engage in "concerted activities" for mutual aid or protection, regardless of union membership.

Question 19

The one primary responsibility of the NLRB is to determine if employees desire representation by an independent labor organization for purposes of collective bargaining.

Accepted Answer

The answer of The one primary responsibility of the NLRB...

Question 20

The National Labor Relations Board (NLRB)mediates cases and awards damages or fines where it deems necessary.

Accepted Answer

The NLRB does not mediate cases or award damages; it investigates and prosecutes unfair labor practices and facilitates the process of collective bargaining.

Quiz 3: Legal Influences