Deck 16: Picketing and Strikes

Question 1

Injunction is intended to prevent the activity in question of a complaint until its legality can be determined.

Answer 1

True

Question 2

Section 8(e)allows the negotiation and enforcement of hot cargo clauses.

Answer 2

False

Question 3

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 employee action is called:

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

Answer 3

B

Question 4

An employer may resort to a lockout only after bargaining in good faith to an impasse.

Question 5

Pressure tactics include all of the following, except :

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

Question 6

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 7

A   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 Labor Relations Act.

Question 8

The second proviso to Section 8(b) (4)prohibits the union from distributing handbills addressed to the public.

Question 9

The National Labor Relations Act provides for injunctions forestalling strikes when they threaten the national health or safety.

Question 10

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 11

The Norris-La Guardia Act delegated the powers to federal courts to issue injunctions in labor disputes.

Question 12

Employers are free to permanently replace employees who go on an economic strike.

Question 13

There is a constitutional right to picket, but there is no recognized constitutional right to strike.

Question 14

The Landrum-Griffin Act prohibits recognitional picketing by an uncertified union in certain situations.

Question 15

Publicity, other than picketing for the purposes of truthfully advising the public that the products of the employer against whom the union is striking are being distributed by another employer, is prohibited according to the provisions of Section 8(b) (4).

Question 16

The secondary boycott prohibitions were intended to protect neutral employers from union pressure.

Question 17

Picketing to protest substandard wages paid by an employer is subject to Section 8(b) (7), as long as the union does not have a recognitional object.

Question 18

Section 8(b) (4)prohibits primary picketing by a union against an employer with which it has a dispute.

Question 19

State courts are not allowed to issue injunctions against mass picketing.

Question 20

Hot cargo clauses are the provisions in a collective bargaining agreement that purport to permit employees to refuse to handle the product of any employer involved in a labor dispute.

Question 21

Courts have traditionally held strikes to be:

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

Question 22

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 23

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

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

Question 24

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 25

Section 10(l)of the NLRA authorizes the National Labor Relations Board (NLRB)to seek injunctions against:

A)economic strike.
B)appointment of employee.
C)holding of election when a complaint alleging a violation of Section 8(b) (4) (D)is filed.
D)picketing when a complaint alleging a violation of Section 8(b) (4) (D)is filed.

Question 26

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 27

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 28

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 29

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.

Question 30

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 31

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 32

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.

Question 33

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 34

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

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

Question 35

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 36

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 37

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 38

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 39

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 40

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 41

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

Question 42

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 43

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

Question 44

S econdary boycott prohibitions were intended to protect _____ from union pressure.

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

Question 45

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 46

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 47

Briefly discuss state regulation(s)on picketing.

Question 48

_____ 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 49

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

Question 50

What is primary picketing?

Question 51

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 52

What are hot cargo clauses?

Question 53

Consumer picketing is also known as:

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

Question 54

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

Question 55

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 56

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

Question 57

What is a strike?

Question 58

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

Question 59

What is common situs picketing?

Question 60

In this decision, the Supreme Court held that consumer picketing was in violation of Section 8(b) (4)because, unlike that in Tree Fruits, it was "reasonably calculated to induce customers not to patronize the neutral parties at all. . . . Product picketing that reasonably can be expected to threaten neutral parties with ruin or substantial loss simply does not square with the language or the purpose of Section 8(b) (4) (ii) (B)."

A)Milk Wagon Drivers, Local 753 v. Meadowmoor Dairies, Inc.
B)Westinghouse Electric Co. v. U.E., Local 410
C)NLRB v. Retail Store Employees Union, Local 1001, Retail Clerks Int. Association (Safeco)
D)None of these answers.

Question 61

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

Question 62

Briefly discuss picketing under the National Labor Relations Act.

Question 63

Briefly explain the concept of consumer picketing.

Question 64

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