Question 1

Which of the following factors is NOT relevant to a determination of an "appropriate bargaining unit?"

Accepted Answer

A) similarity of skill 
B) interrelationship of tasks 
C) common supervision 
D) common salaries 
A) similarity of skill 
B) interrelationship of tasks 
C) common supervision 
D) common salaries D

Question 2

Which of the following is an unfair labor practice (ULP)under the National Labor Relations Act? ​

Accepted Answer

A) discriminating against an employee based on her race 
B) violating the terms of a labor agreement 
C) retaliating against an employee who has filed charges with the NLRB 
D) after an agreement has expired and while the new one is being negotiated, locking out employees willing to continue working 
A) discriminating against an employee based on her race 
B) violating the terms of a labor agreement 
C) retaliating against an employee who has filed charges with the NLRB 
D) after an agreement has expired and while the new one is being negotiated, locking out employees willing to continue working C

Question 3

Union security provisions:

Accepted Answer

A) are unlawful under the NLRA because they require employers to discriminate against employees who do not support their unions 
B) are unlawful in states that have "right to work" laws 
C) require that employers recognize and negotiate with the unions chosen by their employees 
D) require that employees financially support all union activities, regardless of any objections the employees might have to doing so 
A) are unlawful under the NLRA because they require employers to discriminate against employees who do not support their unions 
B) are unlawful in states that have "right to work" laws 
C) require that employers recognize and negotiate with the unions chosen by their employees 
D) require that employees financially support all union activities, regardless of any objections the employees might have to doing so B

Question 4

One employer said that if employees chose to strike, their negotiations "would start at zero." This was a ULP.

Accepted Answer

A) True 
 B)False

Question 5

You have just been hired as the new Assistant Human Resources Manager at your firm, having worked your way up from the factory floor to the administrative suite.  During your briefing for the new job, you are told that the firm has learned that its employees are attempting to unionize, a move which the firm has vowed to fight. As part of that effort, your boss, the HR Manager, has asked you to privately talk to some of your former co-workers on the factory floor to see what their thinking is, to learn about how many are in favor of unionizing, who, specifically, is supporting it, and what might make them change their minds.  Among the things they want to know is what would work better - threats of reprisals against those supporting a union, or promises of benefits to those who oppose it. You are eager to do well at your new job, but you see some problems with these requests.  Of the following choices, which is your best option?

Accepted Answer

A) do as they ask; none of it is illegal 
B) tell them you can't do what they ask because it is illegal 
C) tell them you would be glad to talk informally with your former co-workers to find out their attitudes about unionization and why this has come up, but that speaking about reprisals and benefits would be an unfair labor practice 
A) do as they ask; none of it is illegal 
B) tell them you can't do what they ask because it is illegal 
C) tell them you would be glad to talk informally with your former co-workers to find out their attitudes about unionization and why this has come up, but that speaking about reprisals and benefits would be an unfair labor practice

Question 6

Non-employee organizers:

Accepted Answer

A) have no rights under the NLRA and can be barred from entering workplaces 
B) must be allowed to speak with employees during non-work times and in non-work areas 
C) must be allowed into workplaces if the majority of employees desire their presence 
D) can be barred from workplaces if a valid non-solicitation policy is in place and other reasonable means of communication exist 
A) have no rights under the NLRA and can be barred from entering workplaces 
B) must be allowed to speak with employees during non-work times and in non-work areas 
C) must be allowed into workplaces if the majority of employees desire their presence 
D) can be barred from workplaces if a valid non-solicitation policy is in place and other reasonable means of communication exist

Question 7

Supervisors and managers re not covered by the protections of the National Labor Relations Act.

Accepted Answer

A) True 
 B)False

Question 8

Protected concerted activities:

Accepted Answer

A) are engaged in with or on the authority of other employees 
B) must be related to wages, hours, terms or conditions of employment 
C) must not be extreme or abusive 
D) apply to unionized workers but not to non-unionized workers 
A) are engaged in with or on the authority of other employees 
B) must be related to wages, hours, terms or conditions of employment 
C) must not be extreme or abusive 
D) apply to unionized workers but not to non-unionized workers

Question 9

Which of the following employee rights is NOT protected by the NLRA?

Accepted Answer

A) to engage in self-promotion 
B) to go on strike 
C) to engage in other concerted activities 
D) to refrain from such activities 
A) to engage in self-promotion 
B) to go on strike 
C) to engage in other concerted activities 
D) to refrain from such activities

Question 10

Which of the following is not a fundamental right conferred on employees by the National Labor Relations Act ("Sec. 7 rights")?

Accepted Answer

A) the right to self-organization ​ 
B) the right to fair pay and benefits 
C) the right to strike 
D) the right to assist labor unions 
A) the right to self-organization ​ 
B) the right to fair pay and benefits 
C) the right to strike 
D) the right to assist labor unions

Question 11

Employees have the right to discuss with fellow employees the terms and conditions of work, even if there is no union at the busienss.

Accepted Answer

A) True 
 B)False

Question 12

Regarding representation election procedures, which of the following statements is true?

Accepted Answer

A) at least 50% of the employees in a bargaining unit must sign authorization cards 
B) an employer may recognize a union only if at least 50% of the employees in a bargaining unit have signed authorization cards 
C) if an election is ordered, the employer must provide to the union names and addresses of employees within 7 days 
D) the time between when an election is ordered and when it takes place is the time of least scrutiny of the activities of the employer and the union 
A) at least 50% of the employees in a bargaining unit must sign authorization cards 
B) an employer may recognize a union only if at least 50% of the employees in a bargaining unit have signed authorization cards 
C) if an election is ordered, the employer must provide to the union names and addresses of employees within 7 days 
D) the time between when an election is ordered and when it takes place is the time of least scrutiny of the activities of the employer and the union

Question 13

In DirecTV v. NLRB , 26 service technicians were fired after appearing on a television news show to complain about their employer's instructions about how to persuade customers to install phone connections for their satellite television service, and the charge-backs to employees' pay if they did not procure such connections. Phone connections were not necessary for the service to work, but the company earned more money if phone connections were installed. Regarding the terminations, the court ruled:

Accepted Answer

A) for the employer, since it is not a protected concerted activity for an employee to make disparaging remarks to 3rd parties, since it shows disloyalty 
B) for the employer, because its business policies were within its discretion 
C) for the employees, because they did not speak disparagingly about their employer 
D) for the employees, because they although they spoke disparagingly about their employer, it was substantially truthful, and concerned an ongoing labor dispute 
A) for the employer, since it is not a protected concerted activity for an employee to make disparaging remarks to 3rd parties, since it shows disloyalty 
B) for the employer, because its business policies were within its discretion 
C) for the employees, because they did not speak disparagingly about their employer 
D) for the employees, because they although they spoke disparagingly about their employer, it was substantially truthful, and concerned an ongoing labor dispute

Question 14

Which of the following is the agency responsible for administering and enforcing the National Labor Relations Act?

Accepted Answer

A) Federal Mediation and Conciliation Service (FMCS) 
B) Federal Labor Relations Authority (FLR
A)  
C) National Labor Relations Board (NLR
B)  
D) National Mediation Board (NM
B)  
A) Federal Mediation and Conciliation Service (FMCS) 
B) Federal Labor Relations Authority (FLR
A)  
C) National Labor Relations Board (NLR
B)  
D) National Mediation Board (NM
B)

Question 15

Why is each of the following good legal advice? ​
a. Employers must not create or control "company unions." 
b. Employers should not respond to union organizing efforts by raising wages or making other unscheduled changes in employment benefits. 
c. Employers must abide by the terms of labor agreements when making human resource decisions regarding their unionized employees. 
d. Employers should not establish informal practices of conferring benefits and privileges not specified in labor agreements. 
e. If individual employees wish to present their own grievances, their union must be notified and given the opportunity to be present at any meetings about the grievances.

Accepted Answer

a. NLRA - it is an employer unfair labor

Question 16

To be part of the same bargaining unit, employees must have sufficient community of interests and similar skill sets.

Accepted Answer

A) True 
 B)False

Question 17

Protection of concerted activity may be lost if which of the following occurs?

Accepted Answer

A) insubordination which is grounds for discharge 
B) the number of employees is reduced so that the NLRA no longer applies 
C) a serious disagreement between labor and management 
D) an employee speaks disparagingly of the employer 
A) insubordination which is grounds for discharge 
B) the number of employees is reduced so that the NLRA no longer applies 
C) a serious disagreement between labor and management 
D) an employee speaks disparagingly of the employer

Question 18

The duty to bargain in good faith:

Accepted Answer

A) requires both employers and unions to eventually reach agreement in their negotiations 
B) requires that any issue raised by either the employer or union must be negotiated 
C) requires that employers supply unions with information relevant and necessary to bargaining effectively 
A) requires both employers and unions to eventually reach agreement in their negotiations 
B) requires that any issue raised by either the employer or union must be negotiated 
C) requires that employers supply unions with information relevant and necessary to bargaining effectively

Question 19

Which of the following is true regarding grievances?

Accepted Answer

A) they can be filed by individual employees and may be pursued by the individual with notice to the union 
B) they can only be filed by the union on behalf of the individual 
C) if the grievance cannot be resolved, either the union or the individual can decide to take the case to arbitration 
D) if the grievance cannot be resolved, either the union or the individual can decide to take the case to mediation 
A) they can be filed by individual employees and may be pursued by the individual with notice to the union 
B) they can only be filed by the union on behalf of the individual 
C) if the grievance cannot be resolved, either the union or the individual can decide to take the case to arbitration 
D) if the grievance cannot be resolved, either the union or the individual can decide to take the case to mediation

Question 20

Which of the following is a criterion used by the NLRB to determine that an appropriate bargaining unit exists?

Accepted Answer

A) the percentage of employees who have signed authorization cards 
B) whether employees are paid at the same rate and/or under a reasonable and logical pay scale 
C) whether professional employees would be mixed with non-professional employees against their will 
D) the percentage of employees in the unit as compared with the whole number of employees 
A) the percentage of employees who have signed authorization cards 
B) whether employees are paid at the same rate and/or under a reasonable and logical pay scale 
C) whether professional employees would be mixed with non-professional employees against their will 
D) the percentage of employees in the unit as compared with the whole number of employees

Which of the following factors is NOT relevant to a determination of an "appropriate bargaining unit?"

Which of the following is an unfair labor practice (ULP)under the National Labor Relations Act?

Union security provisions:

One employer said that if employees chose to strike, their negotiations "would start at zero." This was a ULP.

Non-employee organizers:

Supervisors and managers re not covered by the protections of the National Labor Relations Act.

Protected concerted activities:

Which of the following employee rights is NOT protected by the NLRA?

Which of the following is not a fundamental right conferred on employees by the National Labor Relations Act ("Sec. 7 rights")?

Employees have the right to discuss with fellow employees the terms and conditions of work, even if there is no union at the busienss.

Regarding representation election procedures, which of the following statements is true?

Which of the following is the agency responsible for administering and enforcing the National Labor Relations Act?

To be part of the same bargaining unit, employees must have sufficient community of interests and similar skill sets.

Protection of concerted activity may be lost if which of the following occurs?

The duty to bargain in good faith:

Which of the following is true regarding grievances?

Which of the following is a criterion used by the NLRB to determine that an appropriate bargaining unit exists?

Overview of Employment Law

The Employment Relationship

Overview of Employment Discrimination

Recruitment

Background Checks, References, and Verifying Employment Eligibility

Employment Testing

Hiring and Promotion Decisions

Harassment

Reasonably Accommodating Disability and Religion

Work-Life Conflicts and Other Diversity Issues

Wages, Hours, and Pay Equity

Benefits

Occupational Safety and Health

Privacy on the Job

Terminating Individual Employees

Downsizing and Post Termination Issues

Filters

Exam 13: Unions and Collective Bargaining

Which of the following factors is NOT relevant to a determination of an "appropriate bargaining unit?"

Which of the following is an unfair labor practice (ULP)under the National Labor Relations Act? ​

Union security provisions:

One employer said that if employees chose to strike, their negotiations "would start at zero." This was a ULP.

Non-employee organizers:

Supervisors and managers re not covered by the protections of the National Labor Relations Act.

Protected concerted activities:

Which of the following employee rights is NOT protected by the NLRA?

Which of the following is not a fundamental right conferred on employees by the National Labor Relations Act ("Sec. 7 rights")?

Employees have the right to discuss with fellow employees the terms and conditions of work, even if there is no union at the busienss.

Regarding representation election procedures, which of the following statements is true?

Which of the following is the agency responsible for administering and enforcing the National Labor Relations Act?

To be part of the same bargaining unit, employees must have sufficient community of interests and similar skill sets.

Protection of concerted activity may be lost if which of the following occurs?

The duty to bargain in good faith:

Which of the following is true regarding grievances?

Which of the following is a criterion used by the NLRB to determine that an appropriate bargaining unit exists?

Overview of Employment Law

The Employment Relationship

Overview of Employment Discrimination

Recruitment

Background Checks, References, and Verifying Employment Eligibility

Employment Testing

Hiring and Promotion Decisions

Harassment

Reasonably Accommodating Disability and Religion

Work-Life Conflicts and Other Diversity Issues

Wages, Hours, and Pay Equity

Benefits

Occupational Safety and Health

Privacy on the Job

Terminating Individual Employees

Downsizing and Post Termination Issues

Filters

Which of the following is an unfair labor practice (ULP)under the National Labor Relations Act?