Exam 18: The Rights of Union Members

In Ysursa v. Pocatello Education Ass'n, the Supreme Court upheld the constitutionality of an Idaho state law that prohibited public sector employees from authorizing voluntary payroll deductions for:

Free

(Multiple Choice)

4.9/5

(36)

Question 1

Correct Answer:

Verified

What is meant by exhausting internal remedies?

Free

(Essay)

4.9/5

(29)

Question 2

Correct Answer:

Verified

The duty of fair representation may be enforced by either a Section 301 suit or a Section 8(b)(1)(A) unfair labor practice proceeding. Before either action can be initiated, however, the employee alleging breach of the duty of fair representation must attempt to exhaust internal remedies that may be available. Since most complaints of breaches of the duty of fair representation result from employer actions, such as discharge or discipline, which are then compounded by the union's breach of its duty, the affected employee may have the right to file a grievance under the collective bargaining agreement to challenge the employer's actions. The employee must file a grievance and attempt to have it processed through to arbitration before filing a Section 301 suit or a Section 8(b)(1)(A) complaint. The requirement of exhausting contractual remedies flows from the policy of fostering voluntary settlement of disputes.

The union members' bills of rights is established under the:

Free

(Multiple Choice)

4.8/5

(28)

Question 3

Correct Answer:

Verified

In 1947, the Taft-Hartley Act added a list of union unfair labor practices to the NLRA, which included all of the following except:

(Multiple Choice)

4.8/5

(25)

Question 4

In a wage dispute at Schindler Steels, the union participated in the negotiation without exhibiting favoritism to the employees. The union leadership was appreciative of the management constraints and was willing to renegotiate their demands accordingly. This action of the union is representative of its:

(Multiple Choice)

4.7/5

(34)

Question 5

Which of the following is not true of the "duty of fair representation" in a dispute?

(Multiple Choice)

4.9/5

(33)

Question 6

Briefly describe the union members' bill of rights.

(Essay)

4.8/5

(35)

Question 7

Where the employee has established a breach of the collective agreement by the employer and a breach of the duty of fair representation by the union, the employer and the union must:

(Multiple Choice)

4.9/5

(27)

Question 8

What is an agency shop?

(Essay)

4.9/5

(36)

Question 9

What remedies are provided under Section 8(b)(1)(A) of National Labor Relation Act?

(Essay)

4.8/5

(33)

Question 10

Section 304 of the Taft-Hartley Act, along with related federal laws, controls:

(Multiple Choice)

4.8/5

(31)

Question 11

Describe the duties of union officers.

(Essay)

4.8/5

(35)

Question 12

Some union constitutions provide for review of complaints of alleged mistreatment of union members by the:

(Multiple Choice)

4.8/5

(38)

Question 13

In Marquez v. Screen Actors Guild, the court held that negotiating a union security clause that incorporates the language of Section 8(a) (3) of the NLRA is not a violation of the union's:

(Multiple Choice)

4.9/5

(37)

Question 14

What is a union shop?

(Essay)

4.7/5

(41)

Question 15

In Chauffeurs, Teamsters and Helpers, Local No. 391 v. Terry, it was held that an employee who seeks back pay as a remedy for a union's violation of the duty of fair representation is entitled to:

(Multiple Choice)

4.7/5

(30)

Question 16

Ronald Heatherman, a union officer at Devon Mining Company Inc., finds that a few union members along with the union leader are misusing the union funds. Ronald decides to take reasonable action against the union leader and other union members. Under which act can Ronald take action to safeguard union funds?

(Multiple Choice)

4.9/5

(33)

Question 17

One of the remedies available under Section 301 of the NLRA is:

(Multiple Choice)

4.9/5

(35)

Question 18

Edward Owen, an employee at On-Time Transports Inc., files a suit against the employer for the breach of the duty of fair representation involving allegations of discrimination based on national origin. Edward can claim remedies under:

(Multiple Choice)

4.7/5

(27)

Question 19

Waylon Smithers, the new production employee at Springfield plant of Immense Multinational Business, tells you, the human resource manager, that he is unwilling to join the union. You are not in a position to accept his demand as the collective agreement has a _____ requiring employees in the bargaining unit to join the union and to maintain their membership in good standing.

(Multiple Choice)

4.7/5

(41)

Question 20

Showing 1 - 20 of 50

In Ysursa v. Pocatello Education Ass'n, the Supreme Court upheld the constitutionality of an Idaho state law that prohibited public sector employees from authorizing voluntary payroll deductions for:

What is meant by exhausting internal remedies?

The union members' bills of rights is established under the:

In 1947, the Taft-Hartley Act added a list of union unfair labor practices to the NLRA, which included all of the following except:

Which of the following is not true of the "duty of fair representation" in a dispute?

Briefly describe the union members' bill of rights.

Where the employee has established a breach of the collective agreement by the employer and a breach of the duty of fair representation by the union, the employer and the union must:

What is an agency shop?

What remedies are provided under Section 8(b)(1)(A) of National Labor Relation Act?

Section 304 of the Taft-Hartley Act, along with related federal laws, controls:

Describe the duties of union officers.

Some union constitutions provide for review of complaints of alleged mistreatment of union members by the:

In Marquez v. Screen Actors Guild, the court held that negotiating a union security clause that incorporates the language of Section 8(a) (3) of the NLRA is not a violation of the union's:

What is a union shop?

In Chauffeurs, Teamsters and Helpers, Local No. 391 v. Terry, it was held that an employee who seeks back pay as a remedy for a union's violation of the duty of fair representation is entitled to:

One of the remedies available under Section 301 of the NLRA is:

Edward Owen, an employee at On-Time Transports Inc., files a suit against the employer for the breach of the duty of fair representation involving allegations of discrimination based on national origin. Edward can claim remedies under:

First the Forest, Then the Trees: an Overview of Employment and Labor Law

Employment Contracts and Wrongful Discharge

Commonly Committed Workplace Torts

Employee Privacy Rights in the 21st Century

The Global Perspective: International Employment Law and American Immigration Policy

Title VII of the Civil Rights Act and Race Discrimination

Gender and Family Issues: Title VII and Other Legislation

Discrimination Based on Religion and National Origin Procedures Under Title VII

Discrimination Based on Age

Discrimination Based on Disability

Other Eeo and Employment Legislation: Federal and State Laws

The Rise of Organized Labor and Its Regulatory Framework

The Unionization Process

Unfair Labor Practices by Employers and Unions

Collective Bargaining

Picketing and Strikes

The Enforcement and Administration of the Collective Agreement

Public Sector Labor Relations

Occupational Safety and Health

The Employee's Safety Nets: Unemployment and Workers' Compensation, Social Security, and Retirement Plans

The Fair Labor Standards Act

Filters