Question 1

The NLRA does not allow for a breach of an existing collective bargaining agreement due to financial hardship.

Accepted Answer

The NLRA requires employers to negotiate in good faith and maintain collective bargaining agreements, even in the midst of economic hardship. A financial crisis or other economic pressures do not excuse an employer from fulfilling its obligations under a collective bargaining agreement.

Question 2

The law on successorship provides that if there is a genuine change in the collective bargaining representative, the existing collective bargaining contract is not binding on the successor representative.

Accepted Answer

The law on successorship allows for a genuine change in the collective bargaining representative to result in the existing collective bargaining contract not being binding on the successor representative. Therefore, the statement is true.

Question 3

As per the "follow the work principle" of combining the seniority lists of the merged companies, all the employees of the acquiring company receive greater seniority consideration than any employee of the acquired company.

Accepted Answer

The "follow the work principle" does not automatically grant employees of the acquiring company greater seniority over those of the acquired company; rather, it determines seniority based on the nature of the work and the employees' roles, often aiming for a fair integration of seniority lists from both companies.

Question 4

An employee committee with delegated managerial authority can take on the union's role to "deal with" management.

Accepted Answer

An employee committee with delegated managerial authority cannot take on the union's role to "deal with" management because it could be considered a company union, which is illegal under the National Labor Relations Act (NLRA). The NLRA prohibits employer interference with the formation or administration of any labor organization.

Question 5

The new employer has the right to disregard the predecessor's collective bargaining agreement.

Accepted Answer

The new employer is not bound by the previous collective bargaining agreement and has the right to negotiate a new agreement with the employees or even choose not to recognize or negotiate with the union at all.

Quiz 9: Job Security and Seniority

The NLRA does not allow for a breach of an existing collective bargaining agreement due to financial hardship.

The law on successorship provides that if there is a genuine change in the collective bargaining representative, the existing collective bargaining contract is not binding on the successor representative.

As per the "follow the work principle" of combining the seniority lists of the merged companies, all the employees of the acquiring company receive greater seniority consideration than any employee of the acquired company.

An employee committee with delegated managerial authority can take on the union's role to "deal with" management.

The new employer has the right to disregard the predecessor's collective bargaining agreement.