Deck 32: Labor Law and Collective Bargaining

Question 1

If both parties approve,managers can belong to the same union as the employees that they manage.

Answer 1

False

Question 2

An employer may form a company union.

Answer 2

False

Question 3

The Labor-Management Reporting and Disclosure Act establishes the rights of the employer.

Answer 3

False

Question 4

An employee cannot be forced to join a union before being hired,but can be forced to join a union after being hired.

Question 5

Where an unfair labor practice has been found,the court may issue a cease-and-desist order and may set aside an election and order a new election.

Question 6

Prior to the Industrial Revolution,employees and employers had similar bargaining power.

Question 7

The Worker Adjustment and Retraining Notification Act requires 6 months notice prior to certain layoffs.

Question 8

Under the Worker Adjustment and Retraining Notification Act,employers with 100 or more employees must give their employees 60 days notice before taking part in certain plant closings or layoffs.

Question 9

Section 7 of the National Labor Relations Act limits employees' right to join together to form a union.

Question 10

Today,approximately 72 percent of private sector wage and salary workers belong to unions.

Question 11

Employers may prevent all union solicitation on their company property.

Question 12

Section 8(a)of the National Labor Relations Act prevents employers from interfering with employee's rights to form a union.

Question 13

Union solicitation may be conducted by employees at all times,as the employer is required by law to provide an accessible area on company property for this purpose.

Question 14

The Plant Closing Act is the same as the Worker Adjustment and Retraining Notification Act.

Question 15

Some subjects,such as wages and hours,are compulsory subjects of collective bargaining.

Question 16

The Landrum-Griffin Act was passed in response to abuses by management in opposing unions' organizing activities.

Question 17

Decisions of the National Labor Relations Board are enforceable in court.

Question 18

The National Labor Relations Board supervises all elections for union representation.

Question 19

The Labor-Management Relations Act gives the President the right to seek an injunction to stop a strike that would create a national emergency.

Question 20

Employers and unions are required to negotiate in good faith.

Question 21

Courts usually tolerate a certain amount of isolated violence before deciding that the entire strike is illegal.

Question 22

Any replacement workers hired to replace striking workers must be dismissed when the strike is over.

Question 23

The two labor organizations that combined in 1955 were:

A) the Teamsters and the United Auto Workers
B) the United Auto Workers and The American Federation of Labor
C) the American Federation of Labor and the Congress of Industrial Organizations
D) the United Steel Workers and United Auto Workers
E) the United Steel Workers and the Congress of Industrial Organizations

Question 24

Picketing cannot lawfully prohibit customers from entering the employer's place of business.

Question 25

It is illegal for workers to strike if there is a no-strike clause as part of a negotiated agreement.

Question 26

A strike action must be ratified by a majority of the union workers.

Question 27

A partial or intermittent strike is lawful if it is quickly ratified by the union.

Question 28

Title I of the Landrum-Griffin Act is referred to as labor's "bill of rights."

Question 29

Criminal penalties may be part of the remedies for violation of right-to-work laws.

Question 30

In an agency shop,workers are required to join a union after being hired.

Question 31

Secondary boycott picketing is illegal if it is directed against a neutral employer as opposed to the struck employer's product.

Question 32

Which of the following is true about the American Federation of Labor?

A) It was formed in the early part of the twentieth century.
B) When formed,only skilled craft workers were allowed to join.
C) All members of other unions are automatically members of it.
D) It is not allowed to engage in political lobbying.

Question 33

Employers cannot prevent employees from entering the work premises if the employer anticipates a strike.

Question 34

If a state enacts a right-to-work law,individual employees can be forced to join a union or pay union dues even if a union has been elected by other employees.

Question 35

Under an agency shop agreement,employees who are not union members are required to pay an agency fee to the union.

Question 36

A union is permitted to discipline its members for working for wages below the union scale.

Question 37

The approximate percentage of private sector wage and salary workers who belong to a union today is:

A) 7
B) 10
C) 26
D) 34
E) 52

Question 38

A worker who chooses not to strike when a strike has been called is known as a crossover worker.

Question 39

An employer may not prevent those employees whom it suspects will strike from entering the plant or premises.

Question 40

A wildcat strike refers to a strike in which individual union members go on strike without proper authorization from the union.

Question 41

Under what conditions must an employer allow nonemployee union solicitation on company property?

A) if there is currently no union representing the company's employees
B) if the union is affiliated with another union that currently represents other employees of the company
C) if the employees live in a company town such that it would be difficult to solicit the employees off company property
D) if the purpose is to solicit employees to change union representation rather than to solicit nonunion workers to join a union
E) if the purpose of the union is to address issues other than wages

Question 42

The Worker Adjustment and Retraining Notification Act requires notification to be given:

A) 6 months in advance for any plant closing
B) 60 days in advance for any plant closing
C) 60 days in advance for plant closings resulting in the loss of 50 or more jobs,but not for temporary layoffs
D) 60 days in advance for plant closings resulting in the loss of 50 or more jobs,and for layoffs of 50 employees or 33 percent of workers at a site for 30 days or more
E) 60 days in advance for plant closings resulting in the loss of 50 or more jobs,and 30 days in advance for layoffs affecting more than 33 workers at the site

Question 43

Which of the following statutes allows the president to seek an injunction against a strike that would create a national emergency?

A) The Norris-LaGuardia Act
B) The National Labor Relations Act
C) The Labor-Management Relations Act
D) The Worker Adjustment and Retraining Notification Act
E) The Labor-Management Reporting and Disclosure Act

Question 44

The National Labor Relations Board supervises which type(s)of union elections.

A) contested elections only
B) uncontested elections only
C) both contested and uncontested elections
D) neither contested nor uncontested elections

Question 45

Under which of the following circumstances will the NLRB allow the union to hold an election?

A) if an election has been held within the last year
B) if the employees have a union and a valid contract with the employer
C) if the union has engaged in unfair labor practices
D) if the union can show that at least 30 percent of the employees are interested in joining the union
E) in C and D only

Question 46

Which of the following is least likely an appropriate bargaining unit?

A) all teachers in a particular state
B) all workers at a particular plant of a company that has four other similar plants
C) all the maintenance workers at a single plant
D) the production workers at one plant and the maintenance workers at another company's plant
E) all the production workers at a company's six plants located in six states

Question 47

Which of the following statutes amended the National Labor Relations Act?

A) The Norris-LaGuardia Act
B) The Labor-Management Relations Act
C) The Worker Adjustment and Retraining Notification Act
D) The Labor-Management Reporting and Disclosure Act

Question 48

The body that is charged with overseeing union elections is the:

A) The National Union Organizing Oversight Committee
B) The Labor-Management Review Board
C) The American Federation of Labor
D) The Union Elections Oversight Commission
E) The National Labor Relations Board

Question 49

Which of the following statutes is also known as the Wagner Act?

A) The Norris-LaGuardia Act
B) The National Labor Relations Act
C) The Labor-Management Relations Act
D) The Worker Adjustment and Retraining Notification Act
E) The Labor-Management Reporting and Disclosure Act

Question 50

Which of the following statutes regulates internal union affairs and establishes certain rights of union members?

A) The Norris-LaGuardia Act
B) The National Labor Relations Act
C) The Labor-Management Relations Act
D) The Worker Adjustment and Retraining Notification Act
E) The Labor-Management Reporting and Disclosure Act

Question 51

In collective bargaining,wages and hours are considered which type of subjects?

A) compulsory
B) optional
C) permissive
D) linked

Question 52

Which of the following statutes provides that it is legal for employees to organize?

A) The Norris-LaGuardia Act
B) The National Labor Relations Act
C) The Labor-Management Relations Act
D) The Worker Adjustment and Retraining Notification Act
E) The Labor-Management Reporting and Disclosure Act

Question 53

Which of the following statutes places an affirmative duty on employers to bargain in good faith with unions?

A) The Norris-LaGuardia Act
B) The National Labor Relations Act
C) The Labor-Management Relations Act
D) The Worker Adjustment and Retraining Notification Act
E) The Labor-Management Reporting and Disclosure Act

Question 54

Which of the following is not one of the major federal labor statutes?

A) The Norris-LaGuardia Act
B) The National Labor Relations Act
C) The Labor-Management Relations Act
D) The Labor-Management Fair Bargaining Act
E) The Labor-Management Reporting and Disclosure Act

Question 55

Collective bargaining subjects are classified under the labor laws:

A) as either group or individual
B) as either preexisting or new
C) as either local,industry,or national
D) as either permissive,compulsory,or illegal
E) as either settled,undetermined,or optional

Question 56

The National Labor Relations Act prohibits interference with union elections by:

A) the employer
B) the union
C) either the employer or the union
D) neither the employer or the union

Question 57

Which of the following statutes specifically covers employees of airline carriers?

A) The Norris-LaGuardia Act
B) The National Labor Relations Act
C) The Labor-Management Relations Act
D) The Railway Labor Act

Question 58

For a layoff or plant closing that is covered by the Worker Adjustment and Retraining Notification Act,the required notice must be given:

A) by publication in a newspaper of general circulation in the locality where the plant is located
B) individually to the affected employees in all circumstances
C) by filing with the secretary of state's office or other appropriate state office
D) to the union,where the employees are represented by a union,and to the employees individually where there is no union
E) to the National Labor Relations Board

Question 59

Which is true about employers and solicitations of employees by unions?

A) The employer can prohibit all solicitation by employees on work premises.
B) The employer can require that all solicitations be approved by management.
C) The employer can restrict solicitations to nonworking areas,such as the parking lot,and can limit the solicitations to the employee's free time.
D) The employer can bar solicitations that express unfavorable opinions about the employer.

Question 60

Which of the following subjects is not a proper subject for collective bargaining?

A) wages and hours
B) discrimination against ethnic workers
C) the closing of part of an employer's business
D) A,B,and C
E) B and C only are not proper

Question 61

Union at an industrial facility demands that management negotiate the prohibited hiring of certain new employees during the collective bargaining process.Specifically,the union wants assurances that the company will not hire any more women to work for the company during the next three years.Must the company negotiate the issue?

A) Yes; it is a mandatory subject of bargaining.
B) No; it is a permissive subject of bargaining.
C) Yes; it impacts the terms and working conditions of employment.
D) No; it is an illegal subject of collective bargaining.

Question 62

A right-to-work law generally provides that:

A) union membership is mandatory
B) employees cannot be forced to join a union
C) union employees cannot be laid off
D) both union and nonunion employees cannot be laid off
E) employers cannot hire replacement workers in the event of a strike

Question 63

Which of the following acts contains the provisions known as labor's "bill of rights"?

A) The Landrum-Griffin Act
B) The Plant Closing Act
C) The National Labor Relations Act
D) The Taft-Hartley Act
E) The Norris-LaGuardia Act

Question 64

Jed owns a small but growing manufacturing company.Jed had enjoyed a good relationship with his production workers until recently.Now there is to be an election to join a national union that will be held in 2 weeks.Jed has implemented a policy that there will be no solicitation of employees on company property.Which of the following is true?

A) Jed must allow solicitation of his employees anytime they are at work.
B) Jed must provide his employees with time off in order to learn about the union's side of the issue.
C) Jed must allow anyone to solicit his employees while they are on breaks or at lunch.
D) Jed must allow on-duty employees to solicit other employees but can limit it to non-work areas such as break rooms.
E) Jed must allow nonemployees to solicit on the premises,but Jed has the right to be present for the soliciting activities.

Question 65

Which of the following types of strikes is legal?

A) violent strikes
B) strikes occurring 60 days after union notification to the employer of a possible strike
C) sit-down strikes
D) partial strikes
E) wildcat strikes

Question 66

The Farm Union represents farm workers,some of whom are employed by Vino Wineries.The union is on strike against Vino and it is picketing all liquor stores that sell Vino products.The picketers are asking that no one buy anything from any liquor store that carries Vino products.There has been no violence.This picketing is:

A) an illegal secondary boycott
B) a legal secondary boycott
C) an illegal common situs picket
D) a legal common situs picket
E) an illegal hot cargo agreement

Question 67

Much has been written concerning so-called right-to-work laws.What is the current status of such laws?

A) Congress has passed a law prohibiting states from passing right-to-work laws.
B) If a state passes a right-to-work law,then individual employees can be forced to join a union.
C) If a state passes a right-to-work law,then individual employees cannot be forced to join a union.
D) If a state passes a right-to-work law,then state and local government employees can unionize.
E) Most states have passed right-to-work laws.

Question 68

The Worker Adjustment and Retraining Notification Act exempts an employer from giving notice of an otherwise covered layoff or plant closing if:

A) the giving of notice would work an undue hardship on the employer
B) the employer was seeking capital investment in the business,and notice of the layoff or closing would have precluded the employer from acquiring the capital
C) the employees are represented by a union
D) the employees are not represented by a union
E) rumors of the closing already existed at the time the notice would have been required

Question 69

What is a lockout in connection with labor law?

A) an action by workers to prevent management from entering the company's premises
B) an action by workers to prevent customers from entering the company's premises
C) an action by workers to prevent suppliers from entering the company's premises
D) an action by management to prevent union organizers from entering the company's premises
E) an action by management to prevent workers from entering the company's premises

Question 70

The following type(s)of shop(s)does not require union membership:

A) closed shop
B) closed shop and agency shop
C) union shop and agency shop
D) union shop
E) agency shop

Question 71

Which of the following items is not a legitimate reason for a union to have a strike?

A) to protest the employer changing the style of its product
B) to correct an unfair labor practice
C) to preserve the employees' work
D) to obtain higher pay
E) to work a shorter work week

Question 72

The following type(s)of shop(s)is illegal:

A) closed shop
B) closed shop and agency shop
C) union shop and agency shop
D) union shop
E) union shops,closed shops,and agency shops are all legal

Question 73

What practical problems are there with the notice requirements of the Plant Closing Act?

Question 74

Right-to-work laws have been passed in how many states?

A) less than one-fifth of the states
B) nearly half of the states
C) approximately three quarters of the states
D) all but a couple of states
E) all of the states

Question 75

How will unions be affected if increasing amounts of work that was once done by employees is being done by independent contractors?

Question 76

Mebs Motor Company has decided to close down its plant in Sunburn,Michigan.The demand for its cars is falling dramatically,and the plant has been losing money for years.Mebs management has heard of some federal law that requires notice being given to employees about plant closings under certain conditions.Which of the following is not true regarding this law?

A) The act covers employers with 100 or more employees.
B) The act generally requires 60 days notice.
C) The act applies to plant closings and to mass layoffs.
D) There are no exceptions to the notification rules.

Question 77

Henry is the owner and president of a machine shop with 36 employees.Of these,30 persons are employed as machinists and the other six work in the office or in sales.There has never been union representation.In the same industrial park is a dealership for heavy equipment such as that used in road construction or surface mining.There are about 50 mechanics who have formed a union at the heavy equipment dealership.Some of these mechanics have been trying to get the machinists at Henry's machine shop to join their union.The union formed by the mechanics is not affiliated with any national union.Henry believes he has been a good employer and fears a union will drive a wedge between him and his employees.Henry's employees currently are at-will employees.Henry takes several actions to prevent his machinists from voting to join the union.He has forbidden any representatives of the mechanic's union from coming on to his premises.In addition,he has reminded his employees that they are at-will employees,and if he hears of any of them discussing the union with any of the mechanics,they will immediately lose their jobs.He also gives all his employees a $1-per-hour wage increase,and tells them that if a union is formed,they will have to start at zero and negotiate a new wage.Henry has also considered offering to form a company union if it looks like the union vote might succeed.Discuss the legal implications of the union's and Henry's activities.

Question 78

For which of the following may a union not discipline one of its members?

A) walking off the job in an unsanctioned strike
B) testifying in court against the union
C) working for wages below union scale
D) spying for an employer

Question 79

An employee who does not honor a strike and works during the strike is a(n):

A) replacement worker
B) temporary worker
C) crossover worker
D) continuous worker
E) illegal worker

Question 80

Dime Enterprises is a large employer.A union represents its employees.The union is demanding that Dime negotiate on all sorts of matters that Dime does not think it should negotiate.Which of the following statements is false regarding these negotiations?

A) Dime may negotiate on anything it wants to,except illegal items.
B) Dime must negotiate as to wages,hours,and working conditions.
C) Dime may refuse to negotiate on closing part of its business.
D) Dime may negotiate obtaining a closed shop.