Deck 20: Laws Governing Labor-Management Relations

Question 1

Which of the following is true of the National Labor Relations Board (NLRB)?

A) It is composed of five members, three of whom are appointed by the president.
B) It determines whether workers want to be represented by a union.
C) The board meets in New York.
D) It is responsible for enforcing the Landrum-Griffith Act.

Answer 1

B

Question 2

The Landrum-Griffith Act guarantees the rights of workers to organize and bargain collectively and forbids employers from engaging in specified unfair labor practices.

Answer 2

False

Question 3

Which of the following is an employer unfair labor practice prohibited by the Wagner Act?

A) disciplining an employee
B) forming an employer-dominated union
C) terminating an employee
D) refusing to increase wages of employees

Answer 3

B

Question 4

The Taft-Hartley Act made collective bargaining agreements enforceable in federal district courts.

Question 5

The Landrum-Griffith Act does not govern the internal operations of labor unions.

Question 6

The National Labor Relations Board (NLRB) is composed of five members, each appointed by the president with the advice and consent of the Senate.

Question 7

The serves as prosecutor in unfair labor practice cases.

A) general counsel of the National Labor Relations Board
B) county district attorney
C) private attorney representing the side bringing the unfair labor practice charge
D) general counsel of the Department of Labor

Question 8

How are members of the National Labor Relations Board (NLRB) selected?

A) They are nominated and elected by employees in supervised union elections.
B) They are nominated by employers and elected by employees in supervised union elections.
C) They are appointed by the president with the advice and consent of the Senate.
D) They are elected by Congress and either confirmed or vetoed by the president.

Question 9

The administrative agency set up to interpret and enforce the Wagner Act is the .

A) American Federation of State, County, and Municipal Employees (AFSCME)
B) National Labor Committee (NLC)
C) Service Employees International Union (SEIU)
D) National Labor Relations Board (NLRB)

Question 10

Which of the following correctly states the reasons that led to the passage of the Landrum- Griffith Act?

A) Congressional hearings uncovered evidence of looting of union treasuries by some powerful union officials.
B) Congressional hearings uncovered evidence of union employees being paid at sub-minimum wage rates.
C) Congressional hearings uncovered evidence of management domination of certain labor unions.
D) Congressional hearings uncovered evidence of poor holiday pay for certain labor unions.

Question 11

Which of the following is a prohibited practice under the Taft-Hartley Act?

A) interference with employees' Section 7 rights
B) retaliation against an employee who testifies before the National Labor Relations Board
C) failure to engage in good-faith collective bargaining with an employer
D) discrimination by employers in hiring, firing, and other employment matters because of union activity

Question 12

The governs the internal operation of labor unions.

A) Wagner Act
B) Taft-Hartley Act
C) Landrum-Griffith Act
D) Consolidated Omnibus Reconciliation Act

Question 13

Negotiations between an employer and a union over, primarily, wages, hours, and terms and conditions of employment are known as bargaining.

A) appropriate
B) exclusive
C) mutual
D) collective

Question 14

In a representation election, a union demonstrates employee support by .

A) submitting authorization cards signed by employees
B) holding an organization-wide meeting
C) getting a resolution passed with the support of a majority of the employees
D) filing a petition signed by a majority of the employees

Question 15

Who among the following is covered under the National Labor Relations Act?

A) Rob, who is employed as a cook in a private household
B) Julio, who is employed in his father's consultancy firm
C) Owen, who works as a locomotive engineer
D) Sharon, who works as an assembly-line worker in a car manufacturing firm

Question 16

Which of the following statements is true of the Taft-Hartley Act?

A) It increases the power of employees to form unions.
B) It bars unions from engaging in specified unfair labor practices.
C) It prohibits discrimination by employers in hiring and firing because of union activity.
D) It prohibits employer lockouts.

Question 17

The workers' union of Bolden Steels meets every Saturday night to discuss the work done by various members of the union. At one of the meetings, Casey, a worker at the plant, announced her intention of suing the union. Her allegation was that the union made an unfair deal with the management and cheated her out of a promotion. The union leader prohibited her from taking the case to court. In this case, Casey can sue the union under the provisions of the .

A) Wagner Act
B) Landrum-Griffith Act
C) Taft-Hartley Act
D) Consolidated Omnibus Reconciliation Act

Question 18

The guarantees the rights of workers to organize and bargain collectively and forbids employers from engaging in specified unfair labor practices.

A) Wagner Act
B) Taft-Hartley Act
C) Landrum-Griffith Act
D) Labor-Management Reporting and Disclosure Act

Question 19

Which of the following statements is true about routine unfair labor practice cases brought before the National Labor Relations Board (NLRB)?

A) They are initially brought to the main headquarters in Washington, D.C., and are then handled by one of the NLRB's 34 regional offices.
B) They are prosecuted by regional directors of NLRB's 34 regional offices before administrative law judges.
C) They are handled initially by the judicial system, with appeals being made to the appropriate NLRB regional office.
D) They are prosecuted by a five-member panel at New York.

Question 20

The labor's bill of rights contained in the Landrum-Griffith Act gives employees protection against .

A) the government
B) their own employers
C) their own unions
D) all legal actions

Question 21

Explain the "labor's bill of rights" under the Landrum-Griffith Act of 1959.

Question 22

How does the National Labor Relations Board (NLRB) ensure that employees will not be coerced in their choice of a bargaining representative or in choosing not to be represented by a union?

Question 23

List the employer unfair labor practices prohibited by Section 8(a) of the Wagner Act and the union unfair labor practices prohibited by Section 8(b) of the Taft-Hartley Act.

Question 24

Discuss the Wagner Act of 1935

Question 25

The National Labor Relations Act covers independent contractors, agricultural workers, household domestics, and persons employed by a spouse or parent.

Question 26

Lamar runs a construction business and has over 200 employees. Members of a union for the welfare of construction workers approached him and claimed to represent a majority of his employees. Lamar, in good faith, recognized them. However, the union's claims were false. This makes Lamar guilty of violating .

A) Section 8(a)(4) and 8(a)(5)of the National Labor Relations Act
B) Section 8(a)(1) and 8(a)(2) of the National Labor Relations Act
C) Section 101(A)(1) of the Landrum-Griffith Act
D) Section 101(A)(5) of the Landrum-Griffith Act

Question 27

A union dominated by an employer may never again represent the employees. This statement refers to of the union.

A) decertification
B) debasement
C) disengagement
D) disestablishment

Question 28

A union not being able to represent the employees until it has been verified as a result of a new representation election monitored by the National Labor Relations Board refers to a union.

A) decertified
B) derecognized
C) disengaged
D) disestablished

Question 29

An employer that discriminates against employees because of their union activity is in violation of of the National Labor Relations Act.

A) Section 8(a)(5)
B) Section 8(a)(2)
C) Section 8(a)(3)
D) Section 8(a)(6)

Question 30

An employer, in the midst of an organizing campaign, decides to bring in organizers from a competing union and support them. Based on the National Labor Relations Act (NLRA), he will be guilty of violating .

A) Section 8(a)1 and 8(a)2 of the NLRA
B) Section 8(a)4 and 8(a)5 of the NLRA
C) Section 101(A)(1) of the Landrum-Griffith Act
D) Section 101(A)(5) of the Landrum-Griffith Act

Question 31

Which of the following is made available to the union or union organizers by the regional director?

A) the Union list
B) the Excelsior list
C) the Regional list
D) the Essential list

Question 32

Which of the following best defines the Excelsior list?

A) It is a list of the names and addresses of all employees running for office in a union election.
B) It is a list of the various industries covered under the National Labor Relations Act.
C) It is a list of the names and addresses of all employers in a state.
D) It is a list of the names and addresses of all employees eligible to vote in a union election.

Question 33

Which of the following is the ultimate form of discrimination taken against an employee for organizing a union activity?

A) reducing the employee's wages
B) increasing the employee's working hours
C) rescinding the employee's voting rights
D) terminating the employee's contract

Question 34

Briefly discuss the two conflicting views of the role of unions in economics and society.

Question 35

It is important to distinguish conduct that constitutes an unfair labor practice from violations of board rules because violation of a board rule .

A) can result in the National Labor Relations Board's setting aside of the results of an election
B) can result in criminal penalties for the employer, including fines and imprisonment
C) is automatically considered to be an unfair labor practice
D) will revoke the offending party's right to seek an appeal in federal court

Question 36

Discuss the Taft-Hartley Act of 1947.

Question 37

The district attorney oversees the investigation and prosecution of unfair practice charges before the National Labor Relations Board (NLRB).

Question 38

Which of the following is a correct description of the National Labor Relations Board's 24- hour rule?

A) It prevents both union organizers and employers from contacting the same employees twice within 24 hours of a representation election.
B) It prevents both union organizers and employers from making speeches to a captive audience of employees within 24 hours of a representation election.
C) It prevents employers, but not union organizers, from making speeches to a captive audience of employees within 24 hours of a representation election.
D) It prevents union organizers, but not employers, from making speeches to a captive audience of employees within 24 hours of a representation election.

Question 39

Which of the following is true of labor-management committees?

A) All employees become worker participants on these committees as soon as they join the establishment.
B) The worker participants usually serve on the committee for the period of their job contract.
C) They provide a forum in which workers can communicate directly with upper management.
D) The employees' service to the committee for their contract period ensures maximum participation.

Question 40

An Excelsior list must be filed by employers with the regional director within days after an election order is issued.

A) 7
B) 22
C) 35
D) 60

Question 41

Which of the following begins after a union has been certified or recognized?

A) the individual bargaining process
B) the collective bargaining process
C) the good-faith bargaining process
D) the appropriate bargaining process

Question 42

Once a valid representation election has been held and there has been either a certification of a representative union or a majority vote for no union, there cannot be another election for .

A) 6 months
B) 1 year
C) 18 months
D) 2 years

Question 43

of the National Labor Relations Act prohibits restraint or coercion of employees in the exercise of their Section 7 rights.

A) Section 8(a)(3)
B) Section 8(b)(1)
C) Section 8(a)(5)
D) Section 8(b)(2)

Question 44

Explain the exceptions to the interpretation of the U.S. Supreme Court with regard to labor- management committees and discuss how these committees are found to be unlawful.

Question 45

Section 8(b)(7) of the National Labor Relations Act prohibits .

A) picketing for recognition when another union has been certified
B) employers from discriminating, encouraging, or discouraging union activity
C) restraint or coercion of employees in the exercise of their Section 7 rights
D) charging employers for services not performed

Question 46

If an employer recognizes a union that does not represent the majority of employees, that is a violation of Section 8(a)(2), even if the employer was acting in good faith.

Question 47

Which of the following ensures the employees the fullest freedom in exercising the rights guaranteed by the National Labor Relations Act?

A) good-faith bargaining unit
B) appropriate bargaining unit
C) labor-management committee
D) union labor practice

Question 48

A union unlawfully supported by an employer will be disestablished; that is, it may never again represent those employees.

Question 49

If a union obtains signed authorization cards from more than 50 percent of an appropriate employee unit, it may ask the employer to recognize the union on the basis of this showing of majority support alone.

Question 50

Which of the following is true of the subjects of bargaining?

A) Failure to bargain over subjects such as rates of pay, wages, and working hours are acceptable labor practices.
B) Issues like the commitment of capital and the basic scope of the enterprise are subjects that parties must mandatorily bargain over.
C) Inclusion of a permissive subject in the bargaining process in one year makes that subject an issue of mandatory bargaining in any future contract.
D) Contract clauses that would require unlawful discrimination by the employer are illegal terms that are excluded from the bargaining process.

Question 51

The 24-hour rule prohibits both union representatives and employers from contacting each other within 24 hours of a representation election.

Question 52

Which of the following is true of the collective bargaining process?

A) It begins as soon as the union is formed, irrespective of certification.
B) The National Labor Relations Act requires the employer and the bargaining unit representative to bargain in good faith and reach an agreement.
C) The National Labor Relations Board has the power to order the parties to accept any contract provision.
D) Failure of the employer to bargain in good faith is an unfair labor practice under Section 8(a)(5).

Question 53

Section 8(a)(1) of the National Labor Relations Act prohibits .

A) employers from interfering with employees' Section 7 right of free choice
B) employer-dominated unions and may, therefore, request that the union file a petition for certification
C) picketing for recognition when another union has been certified
D) discrimination against employees because of their union activity

Question 54

In determining whether a proposed bargaining unit is appropriate, the National Labor Relations Board considers primarily whether .

A) there is a mutuality of interest among the proposed members of the unit
B) there is a diverse population of proposed members of the unit
C) the proposed members of the unit have appropriate educational qualifications
D) the proposed members of the unit have strong leadership skills

Question 55

A single department of highly skilled employees cannot be an appropriate bargaining unit.

Question 56

Labor-management committees provide a forum in which workers can communicate directly with upper management.

Question 57

In the case of nonemployee organizers, an employer's private property rights will be protected.

Question 58

Which of the following is a permissive subject of bargaining?

A) working hours
B) rates of pay
C) scope of the enterprise
D) shift differentials

Question 59

Under the good-faith bargaining process, when parties are intent on terminating or modifying an existing contract, they must give days notice to the other party with an offer to confer over proposals.

A) 15
B) 30
C) 60
D) 90

Question 60

It is not unlawful for an employer to refuse to allow workers to post organizing notices on a company bulletin board on which employees have previously been allowed to post only "for sale" cards.

Question 61

Which of the following is true of an unfair labor practice strike?

A) An unfair labor practice strike is a nonviolent work stoppage for the purpose of obtaining better terms and conditions of employment under a collective bargaining agreement.
B) Employees engaged in an unfair labor practice strike cannot return to their jobs at the end of the strike.
C) If the employer fires unfair labor practice strikers, they will be able to sue for reinstatement.
D) Unfair labor practice strikers cannot sue their employer for back pay during the time they were prohibited from working.

Question 62

Which of the following is an incorrect statement regarding an economic strike?

A) An economic strike is a protected activity.
B) As a general rule, once an economic strike is over, strikers are entitled to return to their jobs.
C) Employers are not allowed to fill economic strikers' jobs while the strike is taking place.
D) If permanent replacement workers are hired, strikers are not entitled to return to their jobs.

Question 63

In a(n) strike, employees remain on the job but cease working.

A) economic
B) sit-down
C) partial
D) wildcat

Question 64

In 1995, President Clinton issued a(n) order prohibiting contractors with government contracts over $100,000 from hiring permanent replacements for strikers.

A) executive; state
B) legislative; state
C) executive; federal
D) legislative; federal

Question 65

In a(n) strike, the work stoppage is not authorized by the parent union.

A) economic
B) partial
C) wildcat
D) boycott

Question 66

Even if they are replaced, economic strikers are still entitled to vote in representative elections at their former place of employment within of their replacement or until they find "regular and substantially similar employment" elsewhere, whichever comes first.

A) 1 month
B) 3 months
C) 6 months
D) 1 year

Question 67

Which of the following is true of an economic strike?

A) It is a nonviolent work stoppage for the purpose of protesting an employer's commission of an unfair labor practice.
B) It is a protected activity and strikers are entitled to return to their jobs once the strike is over.
C) Employers are not allowed to fill economic strikers' jobs while the strike is taking place.
D) Since employers cannot permanently replace economic strikers, this strike is considered a potent weapon.

Question 68

What are the subjects of collective bargaining?

Question 69

A secondary strike occurs when the unionized workers of one employer go on strike to force their employer to exert pressure on another employer with which the union has a dispute.

Question 70

Which of the following is defined as a nonviolent work stoppage for the purpose of obtaining better terms and conditions of employment under a collective bargaining agreement?

A) economic strike
B) unfair labor practice strike
C) unlawful strike
D) jurisdictional strike

Question 71

Rates of pay, wages, hours of employment, and other terms and conditions of employment are permissive subjects of collective bargaining.

Question 72

Which of the following is a mandatory item concerning wages?

A) recall provisions
B) shift differentials
C) promotion policies
D) work rules

Question 73

A(n) is the ultimate weapon used by employees to secure recognition or to gain favorable terms in the collective bargaining process because it can be so costly to employers.

A) embargo
B) injunction
C) boycott
D) strike

Question 74

A(n) refers to a temporary, concerted withdrawal of labor.

A) strike
B) boycott
C) injunction
D) embargo

Question 75

A lawful economic strike is a nonviolent work stoppage for the purpose of obtaining better terms and conditions of employment under a collective bargaining agreement.

Question 76

In a(n) strike, only some of the workers leave their jobs.

A) sit-down
B) partial
C) wildcat
D) economic

Question 77

strikes are frequently in violation of the collective bargaining agreement.

A) Economic
B) Wildcat
C) Sit-down
D) Partial

Question 78

The collective bargaining process must take place before a union has been certified.

Question 79

Strikes with unlawful means include all but which of the following?

A) economic strikes
B) sit-down strikes
C) partial strikes
D) wildcat strikes

Question 80

A boycott is a temporary, concerted withdrawal of labor.