Question 1

Proposals under the collective agreement, which involve violations of the NLRA or other laws is known as:

Accepted Answer

Proposals that involve violations of the NLRA or other laws are not allowed to be negotiated or included in the collective agreement because they are illegal. These are called prohibited bargaining subjects.

Question 2

In H. K. Porter Co. v. NLRB, the dispute mainly revolves around the union's desire to have the company agree to "check off" the dues owed to the union by its members, that is, to deduct those dues periodically from the company's wage payments to the employees. The evidence shows, and the court found, that the company's objection was not because of inconvenience, but solely on the ground that the company was:

Accepted Answer

The company's objection to the "check off" system was based on its stance of not wanting to aid and comfort the union, rather than any inconvenience it might cause.

Question 3

When a union and a group of employers agree upon specified wages and working conditions, the ? effect among the employers with respect to those wages or working conditions may be to reduce:

Accepted Answer

When a union and a group of employers agree upon specified wages and working conditions, it creates less competition among the employers to attract labor by offering better compensation or benefits than their competitors. This can ultimately result in a reduction in the overall wages or benefits offered to workers, as the employers may no longer feel the need to offer higher wages or better conditions to attract and retain their workforce.

Question 4

If the employer pleads inability to pay, the union _____ .

Accepted Answer

If the employer pleads inability to pay, the union must make a good faith demand for financial information to evaluate the employer's claim. This is necessary to determine whether the employer genuinely cannot afford the union's demands or is simply using the excuse of inability to pay to avoid bargaining. The union may also consider other options such as proposing cost-saving measures or exploring alternative sources of funding. However, a lockout, petitioning the NLRB, or conducting an economic strike may not be viable options if the employer's claim of inability to pay is legitimate.

Question 5

What does Section 9(a) of the NLRA state regarding bargaining in good faith?

Accepted Answer

The answer of What does Section 9(a) of the NLRA...

Question 6

The duty to bargain in good faith under Section 8(d) includes the obligation to _____, if requested by ? either party.

Accepted Answer

The duty to bargain in good faith includes the obligation to execute a written contract incorporating any agreement, if requested by either party. This means that if an agreement is reached during the bargaining process, either party has the right to request that it be put into a written contract. The other party is then obligated to execute the contract, in good faith, as part of their duty to bargain.

Question 7

The Worker Adjustment and Retraining Act (WARN) requires employers with 100 or more employees to give sixty days' advance notice prior to:

Accepted Answer

The Worker Adjustment and Retraining Act (WARN) requires employers with 100 or more employees to give sixty days' advance notice prior to any plant closings and mass layoffs.

Question 8

In _____, the Supreme Court held that an employer that pleads inability to pay in response to union ? demands in order to support his claim must provide some financial information.

Accepted Answer

NLRB v. Truitt Mfg. established the "necessity defense," in which an employer may claim that it cannot afford certain union demands. However, the Court ruled that the employer must provide financial documentation to support their claim of inability to pay.

Question 9

The matters which are not directly related to wages, hours, terms and conditions of the employment ? and not prohibited are called:

Accepted Answer

Permissive bargaining subjects are matters which are not directly related to wages, hours, terms and conditions of the employment and are not prohibited. These are issues that may be discussed during collective bargaining, but are not mandatory topics. Examples may include employee benefits, workplace safety initiatives, and company policies on issues such as social media use or dress code.

Question 10

According to NLRB guidelines, what is the tenure of the bargaining agreement for a certified union?

Accepted Answer

The answer of According to NLRB guidelines, what is the...

Question 11

Section 8(d) of the NLRA prohibits any modifications or changes in a collective agreement's provisions relating to _____ during the term of the agreement unless both parties to the agreement consent to such changes.

Accepted Answer

Section 8(d) of the NLRA prohibits any modifications or changes in a collective agreement's provisions relating to mandatory bargaining subjects during the term of the agreement unless both parties to the agreement consent to such changes. Mandatory bargaining subjects include wages, hours, and working conditions, among other things.

Question 12

When can an employer act unilaterally?

Accepted Answer

The answer of When can an employer act unilaterally?...

Question 13

The NLRB requires that the prior conditions be restored and any reduction in wages or benefits be ? paid back, if an employer has:

Accepted Answer

The NLRB requires that any reduction in wages or benefits be paid back if an employer has illegally made unilateral changes. This means that if an employer made changes to wages or benefits without bargaining with the union first, they would be required to pay back any lost wages or benefits to the affected employees.

Question 14

What does Section 8(d) of the National Labor Relations Act state with respect to duty of bargain?

Accepted Answer

The answer of What does Section 8(d) of the National...

Question 15

In Visiting Nurse Services of Western Massachusetts, Inc. v. NLRB, the union filed unfair labor practice charges with the NLRB, claiming that VNS had violated Section 8(a)(1) and (5) of the NLRA by unilaterally implementing:

Accepted Answer

The union claimed that VNS violated Section 8(a)(1) and (5) of the NLRA by unilaterally implementing mandatory bargaining subjects, which are subjects that the employer is required to bargain over with the union. This is in contrast to prohibited bargaining subjects, which the employer cannot bargain over, and permissive bargaining subjects, which the employer may choose to bargain over or not. Yellow-dog contracts and bargaining unit agreements are not directly related to mandatory bargaining subjects or unfair labor practices.

Question 16

Which of the following is not true of the Truitt requirement to furnish information?

Accepted Answer

The answer of Which of the following is not true...

Question 17

Which of the following does not fall under a mandatory bargaining subject, considering the various ? rulings on the subject?

Accepted Answer

The answer of Which of the following does not fall...

Question 18

In First National Maintenance Corp. v. NLRB, the petitioner notified its Greenpark employees that they would be discharged three days later. With nothing but a perfunctory further discussion, the petitioner discontinued its Greenpark operation and discharged the employees. The union filed an unfair labor practice charge against petitioner, alleging violations of which section of the NLRA?

Accepted Answer

The answer of In First National Maintenance Corp. v. NLRB,...

Question 19

What are mandatory bargaining subjects?

Accepted Answer

The answer of What are mandatory bargaining subjects?...

Question 20

The subjects that vitally affect the terms and conditions of the employment of the employees in the ? bargaining unit are called _____ bargaining subjects.

Accepted Answer

Mandatory bargaining subjects are those that directly affect the terms and conditions of employment for employees in the bargaining unit. These can include wages, benefits, hours, and working conditions. Restricted bargaining subjects are those that are prohibited by law or regulation from being bargained over, while permissive bargaining subjects are those that are optional and may be bargained over at the discretion of both the employer and the union. Prohibited bargaining subjects are those that are expressly forbidden and cannot be included in collective bargaining.

Quiz 15: Collective Bargaining