Question 1

The National Labor Relations Board has responsibility for conducting union representation elections and enforcing the NLRA's unfair labor practice provisions.

Accepted Answer

This statement is true. The National Labor Relations Board (NLRB) is a federal agency in the United States that is responsible for conducting union representation elections and enforcing the National Labor Relations Act's (NLRA) unfair labor practice provisions. The NLRB investigates and remedies unfair labor practices committed by employers and unions, conducts elections to determine whether employees want union representation, and certifies or decertifies unions as the exclusive bargaining representative of employees.

Question 2

The Wagner Act (NLRA)makes it illegal for an employer to designate a representative of the employees in negotiations over wages,hours,and working conditions.

Accepted Answer

The Wagner Act, also known as the National Labor Relations Act (NLRA), prohibits employers from interfering with, restraining, or coercing employees in the exercise of their rights to organize, form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection. This includes making it illegal for an employer to designate or choose a representative for the employees in negotiations over wages, hours, and working conditions, as it would interfere with the employees' rights to choose their own representatives.

Question 3

Tracie works for a large restaurant chain as a waitress Conditions at the restaurant are terrible: low pay,unsafe work,and constant bullying by supervisors.Tracie begins to talk to other employees about the possibility of forming a union.The restaurant manager learns of her activity and fires her,claiming that her performance was "deficient." Since Tracie has never had a bad performance review,she is quite sure she was fired for her union activism.To pursue her claim against the employer,Tracie should file discrimination complaint with the EEOC.

Accepted Answer

While Tracie may have been retaliated against for her union activity, the appropriate legal claim would be under the National Labor Relations Act (NLRA) rather than under discrimination law enforced by the Equal Employment Opportunity Commission (EEOC). Tracie should file an unfair labor practice charge with the National Labor Relations Board (NLRB).

Question 4

U.S.labor law protects the right for a group of workers in a given workplace to be represented by more than one union.

Accepted Answer

The answer of U.S.labor law protects the right for a...

Question 5

Northern Lights is a large manufacturing company that makes lighted signs and kiosks for major retailers and businesses.In an attempt to control the company's exposure to negative publicity through social media,the Director of HR issues a blanket policy prohibiting employees from posting any information about the company on their social media pages.The company's policy would be considered legal under the Wagner Act (NLRA. )

Accepted Answer

The blanket policy prohibiting employees from posting any information about the company on their social media pages would likely be considered a violation of the NLRA, specifically Section 7 which protects an employee's right to engage in concerted activity for mutual aid or protection. This includes the right to discuss wages, working conditions or other terms and conditions of employment, including their employer, on social media.

Question 6

Spying on union representatives or employees who are attempting to unionize is a violation of Section 8(a)(3) of the Wagner Act (NLRA).

Accepted Answer

Spying on union representatives or employees attempting to unionize is a violation of Section 8(a)(1) of the Wagner Act (NLRA), not Section 8(a)(3). Section 8(a)(3) deals with discrimination against employees for union involvement.

Question 7

The concept of exclusive representation was introduced into the Wagner Act (NLRA)primarily to ensure that multiple unions did not fight over the right to represent the same group of employees.

Accepted Answer

The answer of The concept of exclusive representation was introduced...

Question 8

The Railway Labor Act could be described as a substantive,rather than as a procedural law,in that it allows the government to dictate certain outcomes of negotiations and grievance processes.

Accepted Answer

The Railway Labor Act primarily establishes the process for labor negotiations and dispute resolution in the railway and airline industries, focusing on procedures rather than dictating specific outcomes.

Question 9

At a local restaurant one evening,a supervisor from a large manufacturing plant is seated in a booth directly behind four employees of the plant she works at.She overhears these employees discussing the possibility of unionizing the plant and stays to learn more about their plans.The next day,she tells her box about what she has learned.The supervisor's actions are legal under the Wagner Act (NLRA).

Accepted Answer

The supervisor's actions are not legal under the Wagner Act (NLRA) as it prohibits an employer from spying on or interfering with employees' union activities. The supervisor may face penalties for her actions.

Question 10

According to the Wagner Act (NLRA),an employer must recognize and treat a union as the representative of all employees (even those that did not vote for the union)if the union has majority support of the employees.

Accepted Answer

The Wagner Act, also known as the National Labor Relations Act (NLRA), states that an employer must recognize and bargain with a union as the representative of all employees in a bargaining unit if the union has won a majority of the votes cast in a union representation election conducted by the National Labor Relations Board (NLRB) among the employees in the unit. This means that the union will represent all employees in negotiations, regardless of whether they voted for or against the union.

Question 11

Four employees engage in a spirited Facebook exchange complaining about their company's poor pay,benefits,and safety record.Because the employees' actions are protected under the Wagner Act (NLRA),the company cannot punish them for the posts.

Accepted Answer

The Wagner Act (NLRA) protects employees' rights to engage in collective bargaining and engaging in protected concerted activities, which includes discussing working conditions and wages on social media platforms. Therefore, the company cannot punish employees for such posts.

Question 12

The Wagner Act (or NLRA)is partially based on the assumption that individual workers and management are equals in the bargaining process.

Accepted Answer

The Wagner Act (National Labor Relations Act of 1935) is based on the assumption that there is an inherent inequality of bargaining power between individual workers and employers, and it aims to level the playing field by promoting collective bargaining and protecting workers' rights to organize and unionize.

Question 13

Under the Wagner Act (NLRA),the only time workers are entitled to union representation is when the union has the support of the majority of workers at the workplace.

Accepted Answer

The Wagner Act (NLRA) allows workers to form, join, or assist unions and to engage in collective bargaining through representatives of their own choosing, regardless of whether a majority supports the union; however, for a union to be officially recognized as the bargaining representative, it must have the support of the majority of workers.

Question 14

Frank is a supervisor at a major big box retail company.He learns that several of the employees have been meeting to discuss the possibility of unionizing the store.Frank approaches the leaders of the group and offers an immediate 2% pay increase for all employees,with an additional 2% to follow next year,if they agree to stop their organizing activity.Frank's actions are legal under the Wagner Act (NLRA).

Accepted Answer

Frank's actions are considered unfair labor practices under Section 8(a)(1) of the Wagner Act. Employers are prohibited from interfering with employees' rights to unionize, and offering benefits to discourage union activity is a violation of those rights.

Question 15

The Wagner Act's provision for exclusive representation by unions was largely aimed at curtailing company-dominated unions.

Accepted Answer

The provision for exclusive representation by unions was meant to ensure that employees had a legitimate voice in collective bargaining and prevent employer interference in union activities. It was intended to protect workers' rights to join and support a union of their choice, free from employers' influence or coercion.

Question 16

From the perspective of mainstream economics,the Wagner Act (NLRA)is inadequate for challenging the power of capital and therefore does not do enough to empower labor.

Accepted Answer

The Wagner Act (National Labor Relations Act of 1935) is considered a cornerstone in U.S. labor law, significantly empowering labor by establishing the legal right for employees to have unions and engage in collective bargaining with employers. This act shifted the balance of power towards labor by legally protecting workers' rights to organize and negotiate with employers, challenging the power of capital by providing a structured framework for labor relations.

Question 17

Dempsey Foods is a large meat processing plant located in the Midwest.The company has been very concerned about safety in the plant and so it organizes a group of employees,selected by the plant manager,to ask other employees what can be done to improve safety.After talking with other employees,the safety group tells the plant manager safety would be improved by increasing wages,cutting hours,and buying new safety equipment.The plant manager asks the group whether the employees would be happy with an increase in wages and some new safety procedures.The safety group checks with the other employees before telling the plant manager those changes are acceptable.The plant manager implements the changes.This exchange between the plant manager and the safety group would be likely considered illegal under the Wagner Act (NLRA).

Accepted Answer

The answer of Dempsey Foods is a large meat processing...

Question 18

The Wagner Act (NLRA)was distinctly different from the NIRA in that it explicitly outlined illegal activities of employers with respect to their interference in unionization rights and provided for the creation of an independent government agency whose job it is to enforce the law.

Accepted Answer

The statements in the question are accurate. The NLRA (also known as the Wagner Act) did outline specific actions by employers that were considered illegal, such as interference with union organizing efforts or discrimination against employees for participating in unions. Additionally, the law established the National Labor Relations Board (NLRB), which is an independent government agency responsible for enforcing the NLRA and resolving disputes between employers and labor unions. These were significant differences from the NIRA, which did not have as specific provisions for protecting workers' rights to organize or creating an independent agency to enforce the law.

Question 19

The Wagner Act (NLRA)is intended to protect the rights of workers to,as a group,talk to their employer about wages,hours,and working conditions even when they are not part of a union.

Accepted Answer

The Wagner Act, also known as the National Labor Relations Act (NLRA), does indeed protect the rights of workers to engage in collective bargaining and discuss working conditions even if they are not part of a union. This law also established the National Labor Relations Board (NLRB) to enforce these protections.

Question 20

According to the Wagner Act (NLRA),if two employees walk off the job and proceed to picket their employer's place of business to protest unsafe working conditions,the employer is not allowed to retaliate against them (e.g. ,fire them).

Accepted Answer

The Wagner Act (National Labor Relations Act) protects employees' rights to engage in collective activities, including protests and strikes, without retaliation from their employer. This protection extends to employees who walk off the job to protest unsafe working conditions. Therefore, if two employees walk off the job and picket their employer's place of business to protest unsafe working conditions, the employer cannot retaliate against them by firing them.

Quiz 4: Labor Law