Question 1

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 2

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

B

Question 3

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 4

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

Accepted Answer

The correct answer is D because an anti-union animus refers to an employer's opposition or hostility towards unionizing efforts among their employees. In this case, Santillo was fired because he was involved in union organizing activities, meaning that his termination was motivated by an anti-union animus.

Question 5

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 held that the company had not violated Section 8(a) (1) when it issued a disciplinary warning.

Question 6

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 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 refusal...

Question 8

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

Accepted Answer

The NLRB decided to restrict Weingarten rights only to unionized employees, meaning that employees who are not part of a union do not have the right to have a union representative present during investigatory interviews that could lead to disciplinary action.

Question 9

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 a union from restraining or coercing employees from engaging in activities protected by the Act, such as criticizing the union's leadership. Steve's meeting with the HR director to discuss terminating Nicolas for his criticism is an example of such prohibited coercion.

Question 10

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 was engaged in protected activity as employees have the right to engage in concerted activities for their mutual aid or protection under the National Labor Relations Act.

Question 11

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

Accepted Answer

Whipsaw strikes occur when a union selectively strikes in just one firm in the industry, in order to put pressure on that firm to agree to the union's demands, while avoiding a full industry-wide strike. This tactic is called "whipsawing" because the union is able to use the leverage of a strike at one firm to put pressure on other firms in the industry to also agree to the union's demands.

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

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 13

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),...

Question 14

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) provides employees with the right to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection. 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. If an employer's restrictive work rule hinders or restricts employees from exercising their right under Section 7, it is a violation of Section 8(a)(1).

Question 15

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

The NLRB in Electromation, Inc. v. NLRB found that Electromation violated Sections 8(a)(2) and (1) of the NLRA through the establishment and administration of action committees, which were found to be unlawful labor organizations. The other choices (employer's commission, review committees, and employees' union) are not mentioned in the case and therefore not the correct answer.

Question 16

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 that the employer 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 that the employer must have a genuine, legitimate doubt about the union's claim, based on objective evidence, in order to justify a poll. A poll cannot be conducted simply because the employer disagrees with the union's claim or hopes to undermine its support.

Question 17

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

Accepted Answer

Section 8(a) (1) prohibits employers from interfering with, restraining, or coercing employees in the exercise of their rights to organize and bargain collectively, while Section 8(b) (1) prohibits unions from restraining or coercing employees in the exercise of their rights. Therefore, the correct answer is coercion and restraint of employees.

Question 18

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 raise a reasonable question as to the applicant's actual interest in working for the employer, as long as this questioning is not a pretext for discrimination against union-related activities. This defense is known as the McPherson Test. The employer cannot cite closed shop agreements because they are illegal under the NLRA, and agreeing to establish and administer in-house unions would not be a defense against the charge of refusing to hire a suspected union organizer. While employers' rights under Section 7 of the NLRA are relevant to the charge, they do not directly provide a defense.

Question 19

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 organize, join or form a union, engage in collective bargaining, and engage in other concerted activities for the purpose of mutual aid or protection. Unfair labor practices by employers interfere with these rights and therefore violate Section 7 of the NLRA.

Question 20

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

Accepted Answer

The National Labor Relation Act defines unfair labor practices by both employers and unions. The other options do not cover this specific topic. The Age Discrimination in Employment Act deals with age discrimination, the National Industrial Recovery Act focused on industrial recovery, and the Civil Rights Act addresses discrimination based on race, color, religion, sex, or national origin.

Quiz 14: Unfair Labor Practices by Employers and Unions