Question 1

Howell Inc.reduced employee benefits as a means to cut costs.The union wanted to enter into a collective bargaining agreement as Howell rejected its demands and refused to bargain and accept the union's proposals.The following day,Howell locked the employees out.Which of the following is most likely to be true in this case?

Accepted Answer

The lockout was a violation of the National Labor Relations Act (NLRA) because an employer cannot use a lockout as a means to avoid bargaining. Under the NLRA, the employer may engage in lockouts not as a way of avoiding bargaining or unionizing but, rather, as with strikes, to bring pressure to bear on the other side for legitimate purposes.

Question 2

Star Manufacturing was targeted for a union campaign.The union organizers contacted Reynaldo,a bend employee,to assist them in the process of unionization.When management at Star found out that Reynaldo was working with the union organizers,they fired Reynaldo.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?

Accepted Answer

Star Manufacturing has committed an unfair labor practice because it discriminated against Reynaldo for assisting the union. During a unionizing campaign, an employer cannot lay off or terminate employees who support the union. Actual interference by the employer need not be proved for it to be considered an unfair labor practice.

Question 3

Local 542 represents the employees at Reddi Tile.The union wishes to negotiate a collective bargaining agreement over wages,hours,and working conditions at Reddi,but Reddi refuses to even speak to officials of the union.Which of the following is most likely to be true in this case?

Accepted Answer

Reddi is guilty of an unfair labor practice for refusing to bargain over mandatory subjects of bargaining. Under the National Labor Relations Act (NLRA), an employer is required to bargain in good faith with union representatives about wages, hours, and terms and conditions of employment. While employers may actually bargain about other matters (permissive subjects), only a refusal to bargain about mandatory subjects of bargaining may form the basis of an unfair labor practice.

Question 4

The Landrum-Griffin Act provides that:

Accepted Answer

The Landrum-Griffin Act provides that certain procedures must be followed before any dues or initiation fee increases. The act also provides a bill of rights for union members.

Question 5

Which of the following statements is true of a shop steward according to the National Labor Relations Act?

Accepted Answer

A shop steward may collect dues and recruit new workers. The union's shop steward, elected by the members, is the intermediary generally between the union and an employer.

Question 6

Suzy was the shop steward for the union at her place of employment.Following an investigation,the union members discovered that Suzy stole $17,000 from the union over a 10-year period.Suzy is guilty of a federal crime under the ________.

Accepted Answer

Suzy is guilty of a federal crime under the Landrum-Griffin Act. Funds cannot be used to support union office candidates, and union officials, agents, employees, and so on cannot acquire financial interests that conflict with the union's. The law made stealing or embezzling union funds a federal crime.

Question 7

Garden Works 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?

Accepted Answer

The union's refusal to bargain with Garden Works is an unfair labor practice. Refusing to bargain or bargaining in bad faith-that is, not attending bargaining sessions, not providing proposals, not providing necessary information-are unfair labor practices under the Taft-Hartley Act of 1947.

Question 8

Ella is not required to join the union that represents co-workers at her place of employment under the agency shop clause.This means that:

Accepted Answer

Ella must pay union dues in spite of her not being a member of the union. The agency shop clause requires nonunion members to pay to the union the usual union dues and fees without joining the union and thereby becoming subject to union rules. Some right-to-work laws do not allow this and, instead, permit nonunion employees of the bargaining unit to be free riders.

Question 9

Elena 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 Elena 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:

Accepted Answer

Elena 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 10

Which of the following constitutes concerted activity protected by the NLRA?

Accepted Answer

Typical protected concerted activities include union organizing, the discussion of unionization among employees, and the attempt by one employee to solicit union support from another employee. But concerted activity need not involve a union. Activities by groups of employees unaffiliated with a union to improve their lot in their workplace are deemed protected concerted activities. Concerted activity also covers activity by a single employee, even if no other employee joins him or her. The reasoning is that the protected status of such activity should not turn on whether another employee decides to join the activity. Not all concerted activity is protected, however. Acts or threats of violence are not protected.

Question 11

An example of an unfair labor practice is when an employer:

Accepted Answer

An employer commits an unfair labor practice when he or she refuses to bargain with representatives of employees (i.e. the union). Discriminating against employees who join a union or are in favor of bringing in a union or who exercise their rights under the law are also considered unfair labor practices.

Question 12

The union at WeRPlumbers 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 company headquarters to prevent WeR from hiring replacement workers.This type of strike is called a(n)________.

Accepted Answer

This type of strike, where the employees at WeRPlumbers take control of the company headquarters to prevent it from hiring replacement workers, is called a sitdown strike. It is not a protected activity.

Question 13

The Institute of Technology 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?

Accepted Answer

In this case, the Institute of Technology has committed the unfair labor practice of coercing employees in the exercise of their rights under the National Labor Relations Act. Refusal to bargain or refusal to bargain in good faith is also an unfair labor practice.

Question 14

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

Accepted Answer

If the striking mechanics make an unconditional offer to return to work, Jones-Day Manufacturing must reinstate the mechanics because they were unfair labor practice strikers. Since strikes correctly engaged in are perfectly legal, if an employer replaces the strikers with new employees, then once the strike is over, the strikers have a right to reinstatement if they offer an unconditional offer to return to work. If their jobs are occupied by replacement workers, then unfair labor practice strikers are entitled to be reinstated.

Question 15

A union can use its nonmember service fees for:

Accepted Answer

A union can use its nonmember service fees for political activities that are germane to collective bargaining. The political activity must also be justified by the government's vital policy interest in labor peace and avoiding free riders and not significantly add to the burdening of free speech that is inherent in the allowance of an agency or union shop.

Question 16

Which of the following constitutes a union unfair labor practice?

Accepted Answer

It is an unfair labor practice for unions to: 1) Restrain or coerce employees in the exercise of their rights or employers in the selection of their representatives for collective bargaining; 2) Cause an employer to discriminate against an employee; 3) Refuse to bargain with an employer; 4) Engage in jurisdictional or secondary boycotts; 5) Charge excess or discriminatory initiation fees or dues; or 6) Cause an employer to pay for goods or services that are not provided.

Question 17

Which statute established a minimum bill of rights for union members?

Accepted Answer

The Landrum-Griffin Act was enacted in response to congressional investigations into union corruption from 1957 to 1959. Based on the investigative findings made by Congress, it was determined that the purpose of the law is to establish basic ways of unions operating to ensure a democratic process, to provide union members with a minimum bill of rights attached to union membership, and to regulate the activities of union officials and the use of union funds.

Question 18

Which of the following represents a valid union shop clause?

Accepted Answer

If a state is not a right-to-work state, the union and employer may have as a part of their collective bargaining agreement union security device a provision for a union shop. This provision, called a union shop clause, requires the employer to have all members or potential members of the bargaining unit agree that they will join the union within a certain amount of time (not less than 30 days) after becoming employed.

Question 19

A union is said to have failed to discharge its duty of fair representation when:

Accepted Answer

A union is said to have failed to discharge its duty of fair representation when the union's agreement with an employer is wholly irrational or arbitrary. The U.S. Supreme Court spoke to this issue in Air Line Pilots Association International v. O'Neill, when it held that since the final outcome was not "wholly irrational or arbitrary," the union had done its statutory job of upholding its duty of fair representation even though some members may not have liked the outcome.

Question 20

During a unionizing campaign,an employer is prohibited from:

Accepted Answer

During a unionizing campaign, an employer cannot try to help employees form a union. This is among a host of actions an employer cannot undertake during unionizing campaigns, often referred to as NO TIPS (threats, interrogation, promises, or spying).

Quiz 15: Labor Law