Deck 16: Picketing And Strikes

Question 1

In Hudgens v.NLRB,warehouse employees of the Butler Shoe Co.went on strike to protest the company's failure to agree to demands made by their union in contract negotiations.The union filed an unfair labor practice charge against Hudgens with the Board,alleging interference with rights protected by Section 7 of the NLRA.The U.S.Supreme Court held that the case should be remanded to the:

A) Court of general jurisdiction.
B) District Court.
C) National Labor Relation Board.
D) Trial Court.

Answer 1

C

Question 2

Johnson and Johnson Health Care Hospital,decided to abolish the medical benefits of their employees.The hospital's union decided to hold a strike protesting the decision.According to Section 8 (g) of the National Labor Relations Act,the union has to give a written notice in advance before conducting such an act within:

A) five days.
B) ten days.
C) fifteen days.
D) twenty days.

Answer 2

B

Question 3

Section 8(b) (4) NLRA,deals with:

A) secondary boycotts.
B) employer's power of termination.
C) peaceful picketing.
D) unfair labor practice.

Answer 3

A

Question 4

Pressure tactics include all of the following,except:

A) picketing.
B) bargaining.
C) strikes.
D) patrolling.

Question 5

In the matter of strikes,constitutional issues apply only to:

A) private sector strikes.
B) government activity.
C) lockouts.
D) health-care institutions.

Question 6

Peaceful picketing is protected activity under the:

A) Occupational Safety and Health Act.
B) American Federation for Labor.
C) U.S.Constitution.
D) National Labor Relation Act.

Question 7

The union members of the National Steel Company decided to hold a strike compelling their employer to increase their wages and medical benefits and provide better insurance and family benefits.This type of strike is called a(n):

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

Question 8

Employees of the SMZ Beverages stood in front of the company's premises and started conveying information to the public about mixing of harmful chemicals in the soft drinks that were manufactured by the company.This action of employees is called:

A) boycotts.
B) picketing.
C) patrolling.
D) lockouts.

Question 9

An union must give a written notice of any strike,picketing,or any other concerted refusal to work against any health-care institution at least ten days prior to the beginning of the strike or picketing.This provision is outlined under Section 8 (g) of the:

A) Norris-Guardia Act.
B) Occupational Safety and Health Act.
C) Fair Labor Standards Act.
D) National Labors Relation Act.

Question 10

Sections 10 (j) and 10 (l) of the NLRA authorize the National Labor Relations Board (NLRB) to seek injunctions against:

A) economic strike.
B) appointment of employee.
C) holding of election.
D) unfair labor practice.

Question 11

Courts have traditionally held strikes to be:

A) infringement of fundamental rights.
B) unconstitutional.
C) criminal conspiracies.
D) a constitutional right.

Question 12

In Smitley v.NLRB,after the NLRB dismissed a complaint that the union had violated Section 8(b) (7) (C) of the National Labor Relation Act,the company sought judicial review of the Board's decision.The court of appeals held that Section 8(b) (7) did not intend to prohibit all picketing having the named "object" of:

A) consumer picketing.
B) recognitional or organizational picketing.
C) labor picketing.
D) product picketing.

Question 13

A union that unilaterally delays the start of a strike beyond the time specified in the written notice violates _____ of the NLRA.

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

Question 14

When the primary employer's business location is mobile,picketing by a union following ? that mobile location is called:

A) common situs picketing.
B) patrolling picket.
C) picketing in transit.
D) ambulatory situs picketing.

Question 15

A dispute arises between an employer and the union in National Steel Manufacturing.The employer filed a petition in the Court of Appeals to issue injunction order over the disputes.The Court of Appeals issued an injunction.The union filed an appeal in U.S.Supreme Court against the order of Court of Appeal.The Supreme Court vacated the injunction order,stating that federal court does not have the power to issue injunction order under the:

A) National Labors Relation Act.
B) Occupational Safety and Health Act.
C) Norris-Guardia Act.
D) Sarbanes-Oxley Act.

Question 16

The _____ restricted the ability of federal courts to issue injunctions in the matter of labor disputes.

A) Landrum-Griffin Act
B) Sherman Act
C) Clayton Act
D) Norris-La Guardia Act

Question 17

If the labor unions of a soft drinks company are picketing in front of the wholesaler,instead of picketing on the company's premises,then under the NLRA,:

A) such secondary picketing shall be prohibited.
B) such picketing shall be considered permitted.
C) it will be considered as break of a picketing line.
D) it shall be considered a consumer picketing.

Question 18

The case of Brady v.National Football League involved which act?

A) Landrum-Griffin Act
B) Sherman Act
C) Clayton Act
D) Norris-La Guardia Act

Question 19

The National Labor Relations Act allows the NLRB to seek injunctions in federal courts when a complaint alleges violations of:

A) Section 8(b)(4)
B) Section 8(b)(7)
C) Section 8(e)
D) Section 8(g)

Question 20

Recognitional picketing by an uncertified union in certain situations is prohibited under ? Section 8(b)(7) of the:

A) Sarbanes- Oxley Act.
B) Norris-La Guardia Act.
C) Landrum-Griffin Act.
D) Occupational Safety and Health Act.

Question 21

In International Union of Operating Engineers,the Board found that all of the following actions by the union constituted unfair labor practices,except:

A) picketing at neutral gates.
B) distributing pamphlets encouraging employees of neutral employers to stay out of work.
C) barring union members from working on a job where a strike has been called.
D) bringing internal charges against members employed by a neutral employer.

Question 22

Consumer picketing is also known as:

A) product picketing.
B) union picketing.
C) in situs picketing.
D) organizational picketing.

Question 23

What is a strike?

Question 24

Briefly discuss state regulation(s) on picketing.

Question 25

A union distributing handbills and displaying a huge banner reading "labor dispute" on public ? property outside firms that were employing nonunion contractors was not picketing and did ? not violate Section 8(b)(4)(ii)(B),according to:

A) NLRB v.Babcock & Wilcox Co.
B) Overstreet v.United Brotherhood of Carpenters and Joiners of America, Local Union No.1506.
C) Int.Longshoremen's Association v.NLRB
D) Kroger Co.v.NLRB

Question 26

The second proviso to _____ allows the union to use publicity other than picketing,for the ? purpose of truthfully advising the public that the secondary employer is handling the product ? of the primary employer.

A) Section 7(a)(1)
B) Section 8(b)(4)
C) Section 9(c)(1)
D) Section 8(a)(5)

Question 27

What is the right of an employer under Section 8(b)(7)(C) related to picketing?

Question 28

What does Section 8(b)(4) of the National Labor Relations Act deal with?

Question 29

_____ requires that the Board seek an injunction against the picketing when a complaint alleging a violation of Section 8(b)(4)(D) is filed.

A) Section 7(a)
B) Section 9(a)
C) Section 10(l)
D) Section 8(a)(4)

Question 30

In Edward J.Debartolo Corp.v.Florida Gulf Coast Building Trades Council,DeBartolo filed a complaint with the NLRB,under Section 8(b)(4) of the NLRA,charging the union with engaging in:

A) economic strike.
B) whipsaw strike.
C) unfair labor practice.
D) criminal conspiracy.

Question 31

The labor union of Rivet Metal Solutions threatened the employer with negative publicity if management failed to improve their wages and medical benefits.This is a violation of Section 8(b)(4) of the National Labor Relation Act and Rivet Metal Solutions may have remedy in the form of:

A) punitive damages.
B) liquidated damages.
C) a warrant to arrest.
D) an injunction.

Question 32

The labor union of Consolidated Iron and Steel Company,despite its illegal status,organized a picketing against the company demanding assigning of work to them.Such picketing is prohibited under: _____ of the NLRA.

A) Section 9(c)(1)
B) Ordinance no.7
C) Section 8(b)(4)(D)
D) Article 8 (b)(4)(ii)(b)

Question 33

In Sailors' Union Of The Pacific and Moore Dry Dock Co.the dry-dock company filed an unfair practice charge with the NLRB,alleging that the union's picketing at the dry dock violated Section 8(b)(4)(B).The NLRB held that union's picketing did not violate Section 8(b)(4)(B) and therefore:

A) dismissed the unfair labor practice complaint.
B) remanded the case to the trial court.
C) upheld the economic strike claim illegal.
D) reviewed the decision of court of appeals.

Question 34

What is primary picketing?

Question 35

In NLRB v.Business Machine & Office Appliance Mechanics Conference Board,IUE,Local 459 [Royal Typewriter Co.],there was a labor dispute between the Royal Typewriter Company and the Business Machine and Office Appliance Mechanics Conference Board,the certified bargaining agent of Royal's typewriter mechanics and other service personnel.In this case,it was held that Section 8(b)(4) of the NLRA:

A) held employers liable for damages.
B) prohibited National Labor Relation Board the jurisdiction to hear the matter.
C) does not protect the employers.
D) does not protect employees.

Question 36

Jason,the bargaining representative of the union at Toole & Symonds Inc.,demanded that the employer improve the working conditions and safety of employees at the construction company.When the company refused to meet the union demands,the union organized a picket around the entire construction site.This form of picketing is called a(n):

A) consumer picketing.
B) ambulatory situs picketing
C) common situs picketing
D) organizational picketing.

Question 37

Secondary boycott prohibitions were intended to protect _____ from union pressure.

A) private employers
B) neutral employers
C) the federal government
D) health-care providers

Question 38

The General Electric case made the nature of the work performed by the secondary ? employees at the primary site the key to whether the union may target secondary employees ? with:

A) strike.
B) picketing.
C) legal action.
D) violence.

Question 39

When was the Norris-La Guardia Act passed and what are its provisions relating to strike?

Question 40

In Local 761,International Union of Electrical Radio & Machineworkers [General Electric] v.NLRB,GE filed a complaint with the NLRB,alleging that the union's picketing at Gate 3-A,used exclusively by the employees of the contractors under _____ of the NLRA.

A) Section 8 (b)(4)(ii)(b)
B) Section 8 (b)(4)(b)
C) Section 7(a)(1)
D) Section 9(c)(1)

Question 41

Can any person suffering harm to business or property sue in federal court to recover damages?

Question 42

Can primary or secondary employer sue even if unfair labor practice charge has been filed with the National Labor Relations Board?

Question 43

Briefly explain the concept of consumer picketing.

Question 44

What is common situs picketing?

Question 45

What are the national emergency provisions under the Taft-Hartley Act of 1947?

Question 46

Briefly discuss picketing under the National Labor Relations Act.

Question 47

Discuss the NLRA provisions regarding picketing or refusal to work against any health-care institution.

Question 48

Discuss the jurisdictional disputes of Section 8(b)(4)(D).

Question 49

What are hot cargo clauses?