Question 1

Requirement of union shop agreement is that, after being hired by employer, employees should join union within:

Accepted Answer

A union shop agreement typically requires new employees to join the union within thirty days of being hired.

Question 2

If an employer is forced by a union to hire only applicants who are satisfactory to the union, this is a violation under:

Accepted Answer

Section 8(b)(2) of the National Labor Relations Act (NLRA) makes it an unfair labor practice for a labor organization or union to cause or attempt to cause an employer to discriminate against an employee in violation of section 8(a)(3) or to discriminate against an employee with respect to whom membership in such organization has been denied or terminated on some ground other than his failure to tender the periodic dues and the initiation fees uniformly required as a condition of acquiring or retaining membership. This section directly addresses the issue of unions causing employers to hire only those applicants who are satisfactory to the union.

Question 3

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

Section 7 of the National Labor Relations Act (NLRA) protects employees' rights to engage in concerted activities for their mutual aid or protection, regardless of whether they are part of a union. This means employees do not need to be union members to enjoy these protections.

Question 4

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

Accepted Answer

The NLRB may order the employer to cease recognizing the union if it was found to be unlawfully assisted or dominated by the employer, as this violates Section 8(a)(2) of the National Labor Relations Act.

Question 5

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

Accepted Answer

Section 8(a)(1) and Section 8(b)(1) of the National Labor Relations Act (NLRA) prohibit employers and unions, respectively, from interfering with, restraining, or coercing employees in the exercise of their rights relating to organizing, forming, joining, or assisting a labor organization for collective bargaining purposes, or from working together to improve terms and conditions of employment, or refraining from any such activity.

Question 6

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 National Labor Relations Board (NLRB) requires that an employer have a "good faith reasonable doubt" about a union's claim of majority support before it can conduct a poll of employees regarding their support for the union. This standard ensures that employers have a legitimate basis for questioning the union's majority status and are not simply attempting to interfere with union organizing efforts.

Question 7

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...

Question 8

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 9

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 defend their decision by raising a reasonable question about the applicant's actual interest in working for the employer, suggesting that the refusal to hire was not based on anti-union sentiment but rather on legitimate concerns about the applicant's intentions.

Question 10

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

Steve violated Section 8(b)(2) of the National Labor Relations Act (NLRA) by attempting to cause an employer to discriminate against an employee for criticizing union leadership, which is protected activity under the NLRA.

Question 11

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

Accepted Answer

Whipsaw strikes involve a union targeting one company at a time within an industry to gain leverage in negotiations. This strategy puts pressure on the targeted company without initiating a broader industry-wide conflict.

Question 12

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

In NLRB v. Johnnie's Poultry Co. and similar cases, it was established that for an interrogation to be considered lawful under the National Labor Relations Act, employees must be reassured that their participation is voluntary and that they will not face retaliation for their responses. This ensures the interrogation does not coerce or intimidate employees in relation to their rights to organize or engage in collective bargaining.

Question 13

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

Accepted Answer

Weingarten rights, established by the Supreme Court in NLRB v. J. Weingarten, Inc., apply to unionized employees, allowing them to have a union representative present during investigatory interviews that the employee reasonably believes could result in disciplinary action.

Question 14

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

Accepted Answer

In NLRB v. Transportation Management Corp., the Supreme Court held that the discharge was an unlawful labor practice because the employer had an anti-union animus, meaning a bias or hostility towards the union, which influenced the decision to discharge the employee.

Question 15

In American Spring Wire Co., anti-union remarks made by a company president were held to be a violation of:

Accepted Answer

Section 8(a)(1) of the National Labor Relations Act (NLRA) prohibits employers from interfering with, restraining, or coercing employees in the exercise of their rights guaranteed in Section 7 of the NLRA, which includes the right to self-organization, to form, join, or assist labor organizations, to bargain collectively, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection. Anti-union remarks by a company president could be seen as an attempt to interfere with these rights.

Question 16

Dolan Tractor is a manufacturing unit in Nevada. The employers rely on unions to refer prospective employees to the various employers. This kind of arrangement is known as:

Accepted Answer

A hiring hall is an arrangement where unions refer workers to employers, often used in industries with fluctuating workloads.

Question 17

It is legal for the union to set particular skills necessary for membership or referral to employees through:

Accepted Answer

Unions can set specific skill requirements for membership or for referring employees to jobs through a hiring hall system. This system allows unions to manage the process of matching workers with employers, ensuring that members meet certain skill criteria.

Question 18

Section 8(b) (2)is violated when unions force employers to:

Accepted Answer

Section 8(b)(2) of the National Labor Relations Act is violated when unions force employers to discriminate against employees because of their union activities or lack thereof. This section is aimed at preventing unions from causing employers to take adverse actions against employees based on their union membership status or activities.

Question 19

Management at Freedom Solar Technologies Inc. supported a captive union in their company that, 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 is not a remedy for violating Section 8(a)(2) of the National Labor Relations Act, which prohibits employer interference, domination, or support of labor unions. The other options are actions a company might take to remedy such a violation by distancing itself from the illegal union activities.

Question 20

The general wording of _________ allows the NLRB great flexibility in fashioning remedies in various unfair practice cases.

Accepted Answer

Section 10(c) of the National Labor Relations Act grants the National Labor Relations Board (NLRB) broad discretion in remedying unfair labor practices, allowing it to take appropriate measures to ensure justice and compliance with the law.

Quiz 14: Unfair Labor Practices by Employers and Unions