Question 1

Under the NLRA,employees who go on strike:

Accepted Answer

Under the NLRA, employees who go on strike cannot be terminated for striking, but they can be permanently replaced if the strike is an economic strike. If it is an unfair labor practice strike, they cannot be permanently replaced.

Question 2

You have just been hired as the new Assistant Human Resources Manager at your firm,having worked your way up from the factory floor to the administrative suite.During your briefing for the new job,you are told that the firm has learned that its employees are attempting to unionize,a move which the firm has vowed to fight.As part of that effort,your boss,the HR Manager,has asked you to privately talk to some of your former co-workers on the factory floor to see what their thinking is,to learn about how many are in favor of unionizing,who,specifically,is supporting it,and what might make them change their minds.Among the things they want to know is what would work better - threats of reprisals against those supporting a union,or promises of benefits to those who oppose it.You are eager to do well at your new job,but you see some problems with these requests.Of the following choices,what should you do?

Accepted Answer

As a new Assistant HR Manager, it is important to adhere to ethical and legal standards. In this situation, discussing threats of reprisals or promises of benefits in relation to unionization falls under unfair labor practices, which is illegal. Therefore, it is best to inform the HR Manager that you can talk to your former co-workers to find out their attitudes towards unionization but cannot discuss any promises or threats. This approach facilitates ethical communication, which is crucial in maintaining a positive relationship between the employees and employer.

Question 3

Which of the following is an unfair labor practice (ULP)under the National Labor Relations Act?

Accepted Answer

Retaliating against an employee who has filed charges with the NLRB is considered an unfair labor practice under the National Labor Relations Act. Discriminating against an employee based on her race is also a ULP, but it is not listed as one of the choices. Violating the terms of a labor agreement and locking out employees during negotiations may also be ULPs, but they depend on the specific circumstances and context.

Question 4

Which of the following is true regarding grievances?

Accepted Answer

Grievances can be filed by individual employees and may be pursued by the individual, often with union support.

Question 5

Protected concerted activities:

Accepted Answer

The answer of Protected concerted activities:
...

Question 6

Which of the following is not a fundamental right conferred on employees by the National Labor Relations Act ("Sec.7 rights")?

Accepted Answer

The National Labor Relations Act ("Sec.7 rights") does not explicitly confer the right to fair pay and benefits on employees. However, it does provide employees with the right to engage in collective bargaining with their employers to negotiate for fair pay and benefits. The other options listed (A, C, and D) are all fundamental rights conferred on employees by the NLRA.

Question 7

Protection of concerted activity may be lost if which of the following occurs?

Accepted Answer

Concerted activity refers to the right of employees to act together to improve their pay and working conditions, and it is protected under the NLRA. However, insubordination (refusing to follow a lawful and reasonable order from a supervisor) is not protected and can be grounds for discharge. Therefore, protection of concerted activity may be lost if an employee engages in insubordination. Option B is incorrect because the size of the workforce does not affect the applicability of the NLRA. Option C is incorrect because a serious disagreement between labor and management may actually be a trigger for concerted activity, which is protected under the NLRA. Option D is incorrect because only option A is correct.

Question 8

Which of the following would NOT be considered a concerted activity?

Accepted Answer

A single employee writing a letter of complaint to a supervisor is not considered a concerted activity because the action is not taken with the intention of addressing a problem collectively with other employees.

Question 9

In Mastec Advanced Technologies,26 service technicians were fired after appearing on a television news show to complain about their employer's instructions about how to persuade customers to install phone connections for their satellite television service,and the charge-backs to employees' pay if they did not procure such connections.Phone connections were not necessary for the service to work,but the company earned more money if phone connections were installed.Regarding the terminations,the court ruled:

Accepted Answer

The court ruled for the employees because they spoke truthfully about an ongoing labor dispute, which is considered a protected concerted activity under labor laws.

Question 10

Which of the following employee rights is NOT protected by the NLRA?

Accepted Answer

The National Labor Relations Act (NLRA) protects all the listed rights: self-organization, striking, concerted activities, and the right to refrain from such activities.

Question 11

Union security provisions:

Accepted Answer

Union security provisions that require employees to financially support all union activities, regardless of any objections they might have, are not unlawful under the NLRA. However, they are unlawful in states that have "right to work" laws, which prohibits employers from requiring employees to join or financially support a union as a condition of employment. Union security provisions also do not require employers to discriminate against employees who do not support their unions; they simply require that employers recognize and negotiate with the unions chosen by their employees.

Question 12

Regarding representation election procedures,which of the following statements is/are true?

Accepted Answer

The other statements are not entirely accurate. A) The exact percentage required for authorization cards may vary by state and industry. B) An employer can recognize a union without an election if it is certain that at least 50% of the employees support the union. D) The time between when an election is ordered and when it takes place is actually the time of highest scrutiny and regulation of employer and union behavior.

Question 13

Which of the following factors is relevant to a determination of an "appropriate bargaining unit?"

Accepted Answer

Similarity of skill, interrelationship of tasks, and common supervision are all relevant factors to consider when determining an appropriate bargaining unit. However, common salaries may not be a relevant factor in all situations.

Question 14

An employer announced that it was going to close a union facility,and entered into negotiations with the union.Six drivers learned of an upcoming meeting,met over coffee to formulate their questions,and went to the site of the meeting.A union official told them to return to work,but the drivers insisted,and eventually were able to introduce themselves to the management representatives.They returned to work after having been gone for 3 hours,but were fired for being absent without authorization.The NLRB ruled in favor of the drivers,and the employer appealed.On appeal,the court ruled:

Accepted Answer

The answer of An employer announced that it was going...

Question 15

The duty to bargain in good faith:

Accepted Answer

The duty to bargain in good faith requires employers to provide unions with information that is relevant and necessary for effective bargaining, but it does not require reaching an agreement or negotiating every issue.

Question 16

Which of the following is true regarding NLRB representation election procedures?

Accepted Answer

This is the only true statement regarding NLRB representation election procedures. The employer is required to provide the NLRB with a list of names and addresses of all employees in the bargaining unit within seven days of the direction of election being issued. The other statements are false or inaccurate.

Question 17

Which of the following is the agency responsible for administering and enforcing the National Labor Relations Act?

Accepted Answer

The National Labor Relations Board (NLRB) is responsible for administering and enforcing the National Labor Relations Act, which protects the rights of employees to organize and engage in collective bargaining with their employers. The other options listed (FMCS, FLRA, NMB, NCBC) are all government agencies related to labor relations, but do not have direct responsibility for enforcing the NLRA.

Question 18

Non-employee organizers:

Accepted Answer

Non-employee organizers can be barred from workplaces if a valid non-solicitation policy is in place and other reasonable means of communication exist. The National Labor Relations Board (NLRB) has held that employers have the right to maintain a non-solicitation policy that reasonably limits non-employee access to their property. However, non-employee organizers do have some limited rights under the NLRA, such as the right to distribute union literature in public areas outside of the workplace and the right to picket or engage in other lawful demonstrations.

Question 19

Which of the following is an unfair labor practice?

Accepted Answer

Secondary boycotts are considered an unfair labor practice as they involve pressuring or punishing a third party who is not directly involved in the dispute between labor and management. All other options listed may not be desirable or productive in resolving labor disputes, but they do not necessarily violate labor laws as unfair practices.

Question 20

Which of the following is a criterion used by the NLRB to determine that an appropriate bargaining unit exists?

Accepted Answer

The NLRB uses several criteria to determine an appropriate bargaining unit, but one of the key factors is whether professional employees would be mixed with non-professional employees against their will. This means that employees with different job titles, responsibilities, and qualifications should not be included in the same bargaining unit if they do not share similar working conditions, duties, and interests. The other options (A and B) are not directly related to the formation of bargaining units, as authorization cards and pay rates are more relevant to the authorization of a union or the negotiation of a contract, respectively.

Quiz 14: Unions & Collective Bargaining