Deck 17: Labor Law

Question 1

Which of the following is an unfair labor practice for a union?

A) To encourage an employer to discriminate against a particular employee because of a union dispute.
B) To bargain collectively.
C) To engage in any strike or boycott.
D) All of the above are unfair labor practices by a union.

Answer 1

A

Question 2

The NLRA requires the union and the employer to reach an agreement through good-faith collective bargaining.

Answer 2

False

Question 3

The National Labor Relations Act guarantees employees the right to join unions.

Answer 3

True

Question 4

If employees wish to organize a union,the employer is prohibited from distributing written notices to employees stating it is opposed to union activity within the company.

Question 5

The management of Northeastern Manufacturing may not close one of its manufacturing plants without bargaining that issue with the union if its workers are represented by a collective bargaining unit.

Question 6

The management and union at TriColor have bargained for two years without reaching an agreement.After notifying the union,TriColor prohibited the workers from entering the factory to work.This is a legal offensive lockout.

Question 7

Which of the following is a task of the National Labor Relations Board?

A) To adjudicate claims that an employer has committed an unfair labor practice.
B) To adjudicate claims that a union has committed an unfair labor practice.
C) To decide whether a particular union is entitled to represent a group of employees.
D) All the above are tasks of the National Labor Relations Board.

Question 8

The five members of the National Labor Relations Board are appointed by the U.S.President.

Question 9

In the 1950s about 25 percent of the U.S.workforce belonged to a union.Today,only about 12.1 percent of all workers are union members.

Question 10

Joan was unhappy with her union's decision not to file a grievance.Consequently,she publicly criticized the union officials.Since Joan went public with her complaint,the union can discipline her.

Question 11

Valley Mart told its employees that they would be fired if they actively supported a unionizing effort.Valley Mart has committed an unfair labor practice.

Question 12

The National Labor Relations Board (NLRB)found that Acey,Inc.illegally refused to give union members their jobs back after an unfair labor practices strike.The NLRB ordered the company to give the union members their jobs.Acey refused to comply with the NLRB order.The NLRB:

A) has the power to force Acey to close until the union members are rehired.
B) can call upon the Justice Department to enforce its order.
C) can call upon the local police to enforce its order.
D) must appeal to a federal court of appeals to enforce its order.

Question 13

Ron and several fellow workers of Vicy,Inc.,a small manufacturing company,wished to organize a union.When Vicy learned of this activity,it issued a bulletin to all workers stating that a union will only hurt the company and that "we are a family that can solve any problems ourselves -- we do not need union activists from outside our company trying to tell us what to do!" Which statement is correct?

A) As a small family business, Vicy can obtain an injunction halting the unionizing drive.
B) If the union will hurt the company, Vicy can obtain an injunction halting the unionizing drive.
C) If union activists from outside the company are involved in the unionization drive, Vicy can obtain an injunction halting the drive.
D) The employees have the right to organize a union, regardless of Vicy's status.

Question 14

The union representing workers at Blue Ridge Co.were unable to reach a collective bargaining agreement with management.The union may legally stage a strike in which members stop working but remain at their job posts,physically blocking replacement workers from taking their places,so the strike is more effective.

Question 15

The workers at Thom Trucking went on strike over wages.Thom Trucking may hire permanent replacement workers and,when the strike is over,Thom has no obligation to lay off the replacement workers to make room for the strikers.

Question 16

Managerial and confidential employees are generally excluded from bargaining units.

Question 17

A larger percent of private sector employees than government employees are union members.

Question 18

In 1932,Congress passed what legislation prohibiting federal court injunctions in nonviolent labor disputes,thereby declaring that workers should be permitted to organize unions and use their collective power to achieve legitimate economic ends?

A) The Sherman Act.
B) The Norris-LaGuardia Act.
C) The National Labor Relations Act.
D) The Labor-Management Relations Act.
E) Both (b) and (c).

Question 19

A fundamental aim of the National Labor Relations Act,also known as the Norris-LaGuardia Act,is the establishment of industrial peace to preserve the flow of commerce.

Question 20

The Labor-Management Relations Act amended Section 8 of the NLRA to make certain practices by unions illegal unfair labor practices.

Question 21

All of the following might be in the same collective bargaining unit except:

A) secretarial workers.
B) clerical workers.
C) the executive secretary.
D) the department manager.
E) Both (c) and (d).

Question 22

Jessup asks the union to file a grievance against his employer.The union believes the grievance is without merit and refuses to file it.Jessup claims the union has violated its duty to him as a card-carrying,dues-paying union member.Is he right?

A) Yes.
B) Yes, but only if it is later proven that Jessup had a valid claim.
C) No, provided the union acted in good faith.
D) No. A union never has an affirmative duty to file a grievance if it does not wish to do so.

Question 23

Mega Corp is negotiating a collective bargaining agreement with a union.The company claims it is not financially able to pay the wage increase the union is demanding.Which statement is correct?

A) The union has a legal right to inspect the financial records of the company to verify that the employer cannot pay the proposed wage increase.
B) It is an unfair labor practice if the employer claims it cannot pay the higher wages but refuses to allow the union to inspect its financial records.
C) Both of the above are correct.
D) None of the above.

Question 24

Exec-Pac,Inc.is extremely opposed to having its employees organize.The union attempting to organize a collective bargaining unit filed an unfair labor practices claim with the National Labor Relations Board (NLRB),alleging that Exec-Pac illegally interfered with its unionization drive.The NLRB,convinced that an election would be pointless,waived the requirement of an election and certified the union as the exclusive representative of Exec-Pac's workers.The NLRB:

A) had to be convinced that the employer's interference with the union's attempt to organize the workers was outrageous.
B) has the authority to waive the requirement of a union election if it believes the employer has shown anti-union bias.
C) may waive an election if the employer has distributed written materials stating it is opposed to a union.
D) None of the above.

Question 25

Half of all union workers live in:

A) the South.
B) the four states of North Carolina, South Carolina, Arkansas, and Mississippi.
C) the six states of California, New York, Illinois, Michigan, Ohio, and Pennsylvania.
D) Northeastern and Southern states.

Question 26

Kelly is upset with her supervisor and believes his conduct violates the terms of her union's collective bargaining agreement (CBA).The union filed a grievance on Kelly's behalf.Who will conduct the grievance hearing?

A) The U. S. Court of Appeals.
B) The National Labor Relations Board.
C) A member of the company's management team.
D) A replacement worker.

Question 27

Mega Corp.hired permanent replacement workers when its union went out on strike seeking better medical and retirement benefits.After the strike is over,Mega Corp.:

A) must give the striking employees their jobs back since this was an economic strike.
B) must give the striking employees their jobs back since this was an unfair labor practices strike.
C) may hire additional workers without considering the striking employees who want their jobs back.
D) does not have to give the striking employees their jobs back since this was an economic strike.

Question 28

An employer is required to bargain with the union over:

A) the closing of a plant.
B) subcontracting designed to replace union workers with cheaper labor.
C) the location of an additional plant.
D) All of the above.

Question 29

The management and union representatives of Prime Manufacturing are bargaining a new CBA.Management may:

A) use a lockout at any time to pressure the union into compromise.
B) never use a lockout as a tactic to pressure the union.
C) use a lockout only if the parties have reached an impasse in their bargaining and management notifies the union before locking the employees out.
D) use a lockout only as a retaliatory measure if and when the union has threatened a strike.

Question 30

Zoe,who works as a retail clerk,wishes to talk with her co-workers about organizing a union.Her employer threatens to fire her if she talks with other workers about union activity in the presence of customers while she is working.Does the employer have a legal right to make this threat to Zoe?

A) Yes.
B) Yes, but only if expressly authorized by state law.
C) Yes, but only if expressly authorized by the National Labor Relations Board.
D) No.

Question 31

An employer is in the process of negotiating a new contract with its union.During negotiations,the employer changed the workweek from a five-day,eight-hour-per-day week to a four-day,ten-hour-per-day week.Which statement is correct?

A) This is a violation of the National Labor Relations Act.
B) This is not a violation of the NLRA because the employer is bargaining with the union.
C) This is not violation of the NLRA because the total number of work hours per week has not changed.
D) Whether or not this is a violation of the NLRA will depend on the relevant state statutory law.

Question 32

Employees of Truan went on strike because Truan refused to bargain in good faith.After the strike,the striking workers are:

A) entitled to get their jobs back.
B) not entitled to get their jobs back.
C) entitled to get their jobs back but only as they become available.
D) fired.

Question 33

Secondary boycotts are:

A) generally legal provided the boycott is peaceful.
B) generally legal provided the boycott does not involve public employees such as nurses or school teachers.
C) not expressly permitted nor prohibited under federal law.
D) generally illegal.

Question 34

A state law prohibits firefighters and school teachers from going out on strike.Though they are allowed to organize into collective bargaining units,state law prohibits them from striking.Such a state law:

A) is legal.
B) is not legal since the U. S. Supreme Court has ruled such a state law violates the Equal Protection Clause of the Constitution.
C) is not legal since the federal law (NLRA) preempts state law.
D) is not legal because the right to form unions is illusory without the right to strike.

Question 35

Right to work laws:

A) have been declared illegal in all states.
B) allow labor organizations to demand that all employees pay union dues.
C) restrict or outlaw union shop and agency shop agreements.
D) are in effect in all states.

Question 36

Under Section 9 of the NLRA,a validly recognized union:

A) is the exclusive representative of all the designated employees.
B) represents only the particular workers who want to be represented.
C) may be one of several organizations representing the designated employees.
D) does not preclude the company from bargaining directly with an employee in the collective bargaining unit.

Question 37

A union declares its workers are going on strike.The employer states the collective bargaining agreement is still in force for another eight months and that it contains a no-strike clause.The union claims the CBA's no-strike provision is not binding since new union leadership is in place.The union:

A) can strike since new leadership is now in control.
B) can strike since no-strike provisions have been ruled by the courts to be unenforceable.
C) cannot strike, as strikes to exert economic pressure on management are prohibited by the NLRA.
D) cannot strike because of the no-strike clause in the contract.

Question 38

Jeremy was terminated by his employer for violating company rules.He challenged the termination by filing a grievance.Eventually,the matter went to arbitration and Jeremy's termination was ruled to have been improper.The employer filed a claim in court to have the arbitrator's ruling overturned since the employer claimed the facts clearly demonstrated Jeremy had violated the express rules of the company.The employer claimed that the arbitrator had ignored the obvious and had committed a serious mistake of fact.A court may overturn an arbitrator's ruling if:

A) it is proven that the arbitrator made a serious error of fact.
B) the court finds the ruling is contrary to public policy.
C) Both of the above are correct.
D) Neither of the above is correct.

Question 39

Ron and several fellow workers of Vicy,Inc.,a small manufacturing company,wished to organize a union.When Vicy learned of this activity,it issued a bulletin to all workers stating that a union will only hurt the company and that "we are a family that can solve any problems ourselves -- we do not need union activists from outside our company trying to tell us what to do!" Which statement is correct concerning the bulletin issued by Vicy?

A) Vicy has committed an unfair labor practice. Vicy must remain neutral during the organizing drive.
B) Vicy has committed an unfair labor practice. The bulletin constitutes outrageous interference with the union organizing campaign.
C) Vicy has not committed an unfair labor practice. An employer may vigorously present anti-union views to its employees.
D) Whether Vicy has committed an unfair labor practice depends on whether the bulletin was approved by the NLRB.

Question 40

Which occupational group has the highest percentage of union membership?

A) Construction.
B) Police and fire.
C) Educators.
D) Maintenance and repair.

Question 41

Connie and her fellow union employees went on strike when the company refused to meet the union's demands for higher wages and better benefits.Shortly thereafter,the company began hiring permanent replacement workers.After a hard eight-month strike,the union and the company reached an agreement.When the strike was over,Connie was upset that she was not given her job back.The replacement worker that took over her job was retained.She believes she has a legal right to her job,especially since she was a faithful employee for over 20 years.Is Connie right? Explain.

Question 42

Identify some of the trends and characteristics of organized labor.For example,discuss how the statistics compare for percentage of government vs.private sector employees with union membership,what occupational groups and industries have the highest percentage of unionized workers,and what regions of the country have the highest and lowest union membership.

Question 43

Mega Corp has decided to subcontract about 30 percent of its production work to a company located outside of the United States.The subcontracting is designed to replace union workers with cheaper labor.The work that will be contracted away had previously been done in the company's main plant in New Jersey.The union representing the Mega Corp workers claims this is an issue subject to mandatory bargaining.Management claims it is a corporate organization decision and,thus,not subject to bargaining.Who is right?

Question 44

Rick and Allan want to start a union in the small factory where they work.Outline the basic procedures they will need to follow to get a union recognized as the exclusive bargaining unit for the company employees.

Question 45

Jenna works for Mega Corp as a production employee.She is paid an hourly wage.She wishes to negotiate her own employment contract with management since she does not agree with the terms of her union's collective bargaining agreement.Can Jenna negotiate her own contract? Explain.