Question 1

The Board holds that unfair labor practice strikers:

Accepted Answer

A)  ​cannot constitute a bargaining unit. 
B)  cannot be permanently replaced by the employer. 
C)  are not eligible to vote in any election held during the strike. 
D)  may also be considered as economic strikers. 
A)  ​cannot constitute a bargaining unit. 
B)  cannot be permanently replaced by the employer. 
C)  are not eligible to vote in any election held during the strike. 
D)  may also be considered as economic strikers. B

Question 2

Section 9(b) of the NLRA provides that the definition of an appropriate bargaining unit is a matter left to the:

Accepted Answer

A)  ​company management. 
B)  labor union organizations. 
C)  NLR board's discretion. 
D)  federal government. 
A)  ​company management. 
B)  labor union organizations. 
C)  NLR board's discretion. 
D)  federal government. C

Question 3

Explain the rationale behind the rules that bar holding of bargaining representative election.

Accepted Answer

The philosophy of the National Labor Relations Board and the courts is that a Board-sponsored election is a serious step, which the affected employees should not be permitted to disavow or overrule frivolously or hastily.The newly certified bargaining agent should be given a reasonable opportunity to fulfill its mandate by successfully negotiating a collective bargaining agreement with the company.If the Board failed to protect the successfully elected bargaining representative from worker fickleness or rival union challenges, the employer would be encouraged to avoid timely and sincere bargaining in an effort to erode the union's support before an agreement is reached.The Board has, therefore, fashioned several election bar rules.

Question 4

What is the consequence of filing a decertification petition by an employer?​

Accepted Answer

An employer is not permitted to file a d

Question 5

Explain the two exceptions of contract bar rule.

Accepted Answer

Contract bar rule has two exceptions.Fir

Question 6

Any dealings with individual unit employees must be in accordance with the collective bargaining agreement.

Accepted Answer

A) True 
 B)False

Question 7

What is the significance of Section 9(e)(1) of the NLRA pertaining to election?​

Accepted Answer

The provisions of Section 9(e)(1) state

Question 8

The labor union at the National Textile Industry decided to go for a strike in order to press for increased wages and other benefits in industry.This strike would be called a(n):

Accepted Answer

A)  ​unfair labor practice strike. 
B)  whipsaw strike. 
C)  economic strike. 
D)  ​surveillance strike. 
A)  ​unfair labor practice strike. 
B)  whipsaw strike. 
C)  economic strike. 
D)  ​surveillance strike.

Question 9

A bargaining representative election was held in Smith Electronic Company against the will of the employer.The employer threatened to terminate those employees who cast their vote during representative election.In this situation, the employer has violated:

Accepted Answer

A)  ​administrative regulations. 
B)  the contract bar rule. 
C)  the silent period. 
D)  the forty-eight-hour rule. 
A)  ​administrative regulations. 
B)  the contract bar rule. 
C)  the silent period. 
D)  the forty-eight-hour rule.

Question 10

Which rule bars holding an election in the bargaining unit?​

Accepted Answer

Under the contract bar rule, a written l

Question 11

_____ of the NLRA requires that the union be designated or selected by a majority of the employees in order for the union to become the exclusive bargaining agent.

Accepted Answer

A)  ​Section 8(a)(3) 
B)  Section 7​ 
C)  Section 2(3)​ 
D)  ​Section 9(a) 
A)  ​Section 8(a)(3) 
B)  Section 7​ 
C)  Section 2(3)​ 
D)  ​Section 9(a)

Question 12

In American Hospital Association v.NLRB, the U..Supreme Court upheld the NLRB's health care industry bargaining unit rules and the power of the NLRB in order to establish:

Accepted Answer

A)  ​prima facie case through disparate impact treatment. 
B)  bargaining units through its rule-making authority. 
C)  trade union through its discretionary power. 
D)  hiring hall through its mandatory power. 
A)  ​prima facie case through disparate impact treatment. 
B)  bargaining units through its rule-making authority. 
C)  trade union through its discretionary power. 
D)  hiring hall through its mandatory power.

Question 13

In the event of a strike, the Board does not distinguish whether the employees are on an unfair labor practice strike or an economic strike.

Accepted Answer

A) True 
 B)False

Question 14

The bargaining unit is a concept central to labor relations under both the Employee Free Choice Act and the Fair Labor Standards Act.

Accepted Answer

A) True 
 B)False

Question 15

Explain the second exception under contract bar rule.

Accepted Answer

The second exception to the co

Question 16

Under the exceptions to the contract bar rule, the Board provides a window, or "open season," during which a rival union can offer its challenge by filing a(n):

Accepted Answer

A)  ​petition for injunction. 
B)  petition for summary dismissal. 
C)  criminal complaint. 
D)  election petition. 
A)  ​petition for injunction. 
B)  petition for summary dismissal. 
C)  criminal complaint. 
D)  election petition.

Question 17

The Board requires that the parties in an election should refrain from formal campaigning for twenty-four hours prior to the election.

Accepted Answer

A) True 
 B)False

Question 18

_____ defines employee to include "any individual whose work has ceased as a consequence of … any current labor dispute … and who has not obtained any other regular and substantially equivalent employment".

Accepted Answer

A)  ​Section 2(3) of the National Labor Relations Act 
B)  Section 704(k) of the Civil Rights Act​ 
C)  Section 9(c)(3) of National Labor Relations Act​ 
D)  Section 10 of the Occupational Safety and Health Act​ 
A)  ​Section 2(3) of the National Labor Relations Act 
B)  Section 704(k) of the Civil Rights Act​ 
C)  Section 9(c)(3) of National Labor Relations Act​ 
D)  Section 10 of the Occupational Safety and Health Act​

Question 19

What is the relevance of filing objection after election has been conducted?​

Accepted Answer

After the election is held, the parties

Question 20

Where a company employs temporary workers supplied by a personnel staffing agency in addition to its own employees, the NLRB will only include the temporary workers in a bargaining unit with the firm's employees if both the employer and the staffing agency agree to the multiemployer bargaining unit, according to:

Accepted Answer

A)  ​Packard Motor Car v.NLRB. 
B)  Oakwood Care Center. 
C)  American Hospital Association v.NLRB. 
D)  Bro-Tech Corp.v.NLRB. 
A)  ​Packard Motor Car v.NLRB. 
B)  Oakwood Care Center. 
C)  American Hospital Association v.NLRB. 
D)  Bro-Tech Corp.v.NLRB.

Exam 13: The Unionization Process

The Board holds that unfair labor practice strikers:

Section 9(b) of the NLRA provides that the definition of an appropriate bargaining unit is a matter left to the:

Explain the rationale behind the rules that bar holding of bargaining representative election.

What is the consequence of filing a decertification petition by an employer?​

Explain the two exceptions of contract bar rule.

Any dealings with individual unit employees must be in accordance with the collective bargaining agreement.

What is the significance of Section 9(e)(1) of the NLRA pertaining to election?​

The labor union at the National Textile Industry decided to go for a strike in order to press for increased wages and other benefits in industry.This strike would be called a(n):

A bargaining representative election was held in Smith Electronic Company against the will of the employer.The employer threatened to terminate those employees who cast their vote during representative election.In this situation, the employer has violated:

Which rule bars holding an election in the bargaining unit?​

_____ of the NLRA requires that the union be designated or selected by a majority of the employees in order for the union to become the exclusive bargaining agent.

In American Hospital Association v.NLRB, the U..Supreme Court upheld the NLRB's health care industry bargaining unit rules and the power of the NLRB in order to establish:

In the event of a strike, the Board does not distinguish whether the employees are on an unfair labor practice strike or an economic strike.

The bargaining unit is a concept central to labor relations under both the Employee Free Choice Act and the Fair Labor Standards Act.

Explain the second exception under contract bar rule.

Under the exceptions to the contract bar rule, the Board provides a window, or "open season," during which a rival union can offer its challenge by filing a(n):

The Board requires that the parties in an election should refrain from formal campaigning for twenty-four hours prior to the election.

_____ defines employee to include "any individual whose work has ceased as a consequence of … any current labor dispute … and who has not obtained any other regular and substantially equivalent employment".

What is the relevance of filing objection after election has been conducted?​

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 and 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

Unfair Labor Practices by Employers and Unions

Collective Bargaining

Picketing and Strikes

The Enforcement and Administration of the Collective Agreement

The Rights of Union Members

Public Sector Labor Relations

Occupational Safety and Health

The Employees Safety Nets:unemployment and Workers Compensation, Social Security, and Retirement Plans

The Fair Labor Standards Act

Filters

What is the consequence of filing a decertification petition by an employer?

What is the significance of Section 9(e)(1) of the NLRA pertaining to election?

Which rule bars holding an election in the bargaining unit?

What is the relevance of filing objection after election has been conducted?