Deck 15: Collective Bargaining

Question 1

Section 8(a)(5) requires that the employer bargain with a union that is the representative of its ? employees according to _____.

A) Section 9(a)
B) Section 8(d)
C) Section 8(a)
D) Section 704(a)

Answer 1

A

Question 2

To determine whether the union has the majority support for the first twelve months of the strike,the ? NLRB held that economic strikers must be considered as members of:

A) the global union.
B) a bargaining unit.
C) a labor union.
D) the Federal Mediation and Conciliation Service.

Answer 2

B

Question 3

The National Labor Relations Act (NLRA) provides for longer notice periods when the collective bargaining involves the employees of a(n):

A) educational institution.
B) software company.
C) health-care institution.
D) law firm.

Answer 3

C

Question 4

A union or employer seeking to bargain with the other party must notify that other party of its desire ? to bargain at least _____ prior to the expiration of the existing collective agreement.

A) forty five days
B) thirty days
C) sixty days
D) ninety days

Question 5

_____ makes it an unfair labor practice for an employer to refuse to bargain with the employees' ? representative.

A) Section 9(a)
B) Section 8(b)(3)
C) Section 8(d)
D) Section 8(a)(5)

Question 6

The lack of good faith of an employer includes:

A) hard bargaining.
B) refusing to sign a written agreement.
C) attempting to deal with individual employees rather than the union.
D) refusing to provide the union with information regarding bargaining proposals.

Question 7

Under _____,when a union is certified as the winner of a representation election,the employer is ? required to bargain with it.

A) Section 9(a)
B) Section 8(a)(1)
C) Section 8(b)(3)
D) Section 8(a)(5)

Question 8

Which of the following statements is not true of the NLRA's approach to the duty to bargain?

A) The act imposes an obligation to bargain collectively upon the union.
B) The act allows the employer to refuse to bargain with the bargaining unit.
C) The act does not control the results of the bargaining process.
D) The act does not compel either party to agree to a proposal or require the making of a concession.

Question 9

In Emporium Capwell Co.v.Western Addition Community Organization,Hollins and Hawkins were minority employees.The Western Addition Community Organization filed a charge against the company with National Labor Relations Board (NLRB).The trial examiner of the NLRB concluded that their activity was not protected by Section 7 of the Act and that their discharges did not,therefore,violate _____ of the NLRA.

A) Section 9(a)
B) Section 8(b)(3)
C) Section 8(a)(1)
D) Section 8(a)

Question 10

In Auciello Iron Works,Inc.v.NLRB,the union filed unfair labor practice charges with the NLRB.An administrative law judge found that a contract existed between the parties and that Auciello's withdrawal from it violated _____ of the NLRA.

A) Sections 8(a)(1) and (5)
B) Sections 8(d) and 9(a)
C) Section 8(b)(3)
D) Section 8(e)

Question 11

According to Section 8(d),failure to _____,may make any strike by the union or lockout by the ? employer an unfair labor practice.

A) give prior bargaining notice
B) register under the NLRB
C) recognize the bargaining unit
D) prove two-thirds majority

Question 12

In J.I.Case Co.v.NLRB,the Supreme Court held that contracts of employment made with ? individual employees were _____ to negotiating a collective agreement with the union.

A) ex parte agreements
B) mandatory
C) not impediments
D) yellow-dog contracts

Question 13

When a union acquires bargaining rights by voluntary recognition rather than certification,the employer is required to recognize and bargain with the union only for _____ if no agreement is in ? effect.

A) ninety days
B) sixty days
C) a reasonable period of time
D) as long as the employer wants

Question 14

As long as the parties bargain with an intention to find a basis of agreement,the breakdown or ? deadlock of negotiations is not a violation of the:

A) terms of agreement.
B) duty to bargain in good faith.
C) NLRA.
D) employment contract.

Question 15

_____ makes it an unfair practice for a union representing a group of employees to refuse to bargain ? with the employer.

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

Question 16

When an impasse results from a party's rigid insistence upon a particular proposal that relates to ? wages,hours,or terms and conditions of employment,then it is not a violation of:

A) good faith.
B) Civil Rights Act.
C) take-it-or-leave-it bargaining.
D) duty to bargain.

Question 17

Section 8 (d) of the National Labor Relations Act (NLRA) states that,the obligation of the employer and the bargaining representative is to meet at and confer in good faith with respect to:

A) establishment of a trade union.
B) wages, hours, and other terms and conditions of the employment.
C) establishment of a business unit.
D) reappointment of a bargaining representative.

Question 18

The collective agreements covering professional baseball and football players are examples of ? agreements that:

A) amount to yellow dog contracts.
B) permit individual negotiation.
C) are ex parte agreements.
D) require an inspection officer.

Question 19

Section 8(g) requires that a labor organization seeking to picket or strike against a health-care institution must give both the employer and the Federal Mediation and Conciliation Service (FMCS) written notice of its intention to strike or picket at least _____ days prior to taking the action.

A) ninety
B) sixty
C) fifteen
D) ten

Question 20

When negotiations result in matters of dispute,the party seeking contract termination must notify the ? _____ and the appropriate state mediation agency within thirty days from giving the notice to ? bargain.

A) International Labor Organization (ILO)
B) Western Addition Community Organization
C) National Labor Relations Board (NLRB)
D) Federal Mediation and Conciliation Service (FMCS)

Question 21

If the employer pleads inability to pay,the union _____ .

A) can demand a lockout.
B) must make a good faith demand for financial information.
C) is entitled to petition the NLRB against the employer.
D) can legally conduct an economic strike.

Question 22

According to NLRB guidelines,what is the tenure of the bargaining agreement for a certified union?

Question 23

When a union and a group of employers agree upon specified wages and working conditions,the ? effect among the employers with respect to those wages or working conditions may be to reduce:

A) competition.
B) disparity.
C) unfair labor practices.
D) litigation over wages.

Question 24

Section 8(d) of the NLRA prohibits any modifications or changes in a collective agreement's provisions relating to _____ during the term of the agreement unless both parties to the agreement consent to such changes.

A) bargaining remedies
B) bargaining unit
C) mandatory bargaining subjects
D) bargaining agent

Question 25

Which of the following does not fall under a mandatory bargaining subject,considering the various ? rulings on the subject?

A) Hours and terms and conditions of employment
B) Prices of food sold in vending machines in the plant cafeteria
C) Changes in medical insurance coverage of retired former employees
D) Employee discounts, shift differentials, and incentive plans

Question 26

The matters which are not directly related to wages,hours,terms and conditions of the employment ? and not prohibited are called:

A) good faith bargaining.
B) permissive bargaining subjects.
C) duty of bargaining.
D) supplementary bargaining subjects.

Question 27

What does Section 9(a) of the NLRA state regarding bargaining in good faith?

Question 28

The NLRB requires that the prior conditions be restored and any reduction in wages or benefits be ? paid back,if an employer has:

A) refused to furnish information.
B) illegally made unilateral changes.
C) refused to sign an already agreed-upon contract.
D) violated the duty to bargain in good faith.

Question 29

Proposals under the collective agreement,which involve violations of the NLRA or other laws is known as:

A) prohibited bargaining subjects.
B) bargaining remedies.
C) modification of collective agreement.
D) mandatory bargaining subjects.

Question 30

In H.K.Porter Co.v.NLRB,the dispute mainly revolves around the union's desire to have the company agree to "check off" the dues owed to the union by its members,that is,to deduct those dues periodically from the company's wage payments to the employees.The evidence shows,and the court found,that the company's objection was not because of inconvenience,but solely on the ground that the company was:

A) not agreeing to the union's demands.
B) having direct contacts with the individual employees.
C) not furnishing the requested financial information.
D) not going to aid and comfort the union.

Question 31

The duty to bargain in good faith under Section 8(d) includes the obligation to _____,if requested by ? either party.

A) execute a written contract incorporating any agreement
B) provide a consent to pay for damages incurred
C) revise the recognition status of the bargaining unit
D) include new members in the bargaining process

Question 32

When can an employer act unilaterally?

Question 33

In Visiting Nurse Services of Western Massachusetts,Inc.v.NLRB,the union filed unfair labor practice charges with the NLRB,claiming that VNS had violated Section 8(a)(1) and (5) of the NLRA by unilaterally implementing:

A) prohibition on bargaining subjects.
B) yellow-dog contracts.
C) mandatory bargaining subjects.
D) bargaining unit agreements.

Question 34

Which of the following is not true of the Truitt requirement to furnish information?

A) It applies to employers with 100 or more employees.
B) It is not a "truth-in-bargaining" requirement.
C) It relates only to claims of financial inability to meet union proposals.
D) It is aimed to help the union validate the employer's claims.

Question 35

What does Section 8(d) of the National Labor Relations Act state with respect to duty of bargain?

Question 36

What are mandatory bargaining subjects?

Question 37

The subjects that vitally affect the terms and conditions of the employment of the employees in the ? bargaining unit are called _____ bargaining subjects.

A) restricted
B) mandatory
C) permissive
D) prohibited

Question 38

The Worker Adjustment and Retraining Act (WARN) requires employers with 100 or more employees to give sixty days' advance notice prior to:

A) calling for a recognition poll.
B) the temporary closing of company.
C) any plant closings and mass layoffs.
D) shifting of the company premises.

Question 39

In _____,the Supreme Court held that an employer that pleads inability to pay in response to union ? demands in order to support his claim must provide some financial information.

A) NLRB v.Plymouth Stamping Division, Eltec Corp.
B) NLRB v.Truitt Mfg
C) Nurse Services of Western Massachusetts, Inc.v.NLRB
D) H.K.Porter Co.v.NLRB

Question 40

In First National Maintenance Corp.v.NLRB,the petitioner notified its Greenpark employees that they would be discharged three days later.With nothing but a perfunctory further discussion,the petitioner discontinued its Greenpark operation and discharged the employees.The union filed an unfair labor practice charge against petitioner,alleging violations of which section of the NLRA?

A) Section 8(1)(a) and (5).
B) Section 8(b)(3).
C) Section 77(a).
D) Section 16(d).

Question 41

What is meant by "failing firm exception"?

Question 42

What are permissive bargaining subjects?

Question 43

Briefly describe permissive bargaining subjects.

Question 44

What was the purpose of the Worker Adjustment and Retraining Act (WARN)?

Question 45

Explain the concept of duty to furnish information.

Question 46

Define mass layoffs.

Question 47

What are the procedural requirements under Section 8(d) of the National Labor Relations Act?

Question 48

Briefly describe the duty to bargain.

Question 49

What are prohibited bargaining subjects?

Question 50

Explain plant closing legislation.