Deck 14: Unfair Labor Practices by Employers and Unions

Question 1

Weingarten rights are not available to nonunion employees.

Answer 1

False

Question 2

If an employer asks any employee to be filmed for use in an antiunion video then it amounts to violation of the NLRA.

Answer 2

True

Question 3

Violence and surveillance by employers on employees violate Section 8(a) (1)because they interfere with the free exercise of the employees' Section 7 rights.

Answer 3

True

Question 4

In NLRB v. City Disposal Systems , the Court of Appeals concluded that the Brown's refusal was not a(n)_____ according to Section 7 of the NLRA.

A)concerted activity
B)protected activity
C)unfair labor practice
D)unlawful activity

Question 5

Joint bargaining by employers prevents unions from engaging in whipsaw strikes.

Question 6

Unfair labor practices by employers interfere with employees in exercise of their rights under:

A)Section 4 of Employer and Labor Relations Act.
B)Section 5 of Worker's Compensation Act.
C)Section 6(a)of Payment of Wages Act.
D)Section 7 of National Labor Relations Act.

Question 7

Section 8(a)makes it illegal for an employer to interfere with, restrain, or coerce employees in the exercise of rights guaranteed to them by Section 7 of the NLRA.

Question 8

The scope of unfair labor practices (ULPs)by employers and union is covered under the National Labor Relations Act (NLRA).

Question 9

If the employer's work rule restricts protected activity under Section 7, it is a violation under Section 8(a) (1).

Question 10

Many employer violations of Section 8(a) (1)occur in the context of union organizing campaigns, and usually involve restrictions on the soliciting activities of employees or coercive or threatening remarks made by the employer.

Question 11

Employees have a right under Section 7 to choose their bargaining representative free from coercion.

Question 12

A lockout amounts to a permanent closure of a plant to avoid unionization.

Question 13

In Atlantic-Pacific Coast Inc. v. NLRB , employee collecting signatures of coworkers on a letter to management protesting the selection of a new supervisor was held to be engaged in:

A)negotiation tactics.
B)bargaining.
C)protected activity.
D)pressure tactics

Question 14

Section 8(a) (3)and Section 8(b) (2)prohibit discrimination to encourage or discourage union membership.

Question 15

An employer who recognizes a union without the support of a majority of employees does not violate Section 8(a) (2).

Question 16

Unfair labor practices (ULPs)are various forms of conduct or activities that adversely affect employees in the exercise of their rights under Section 7 of the NLRA.

Question 17

If the employer chooses to poll its employees, the employees must be informed of the purpose of the poll.

Question 18

The union at Westinghouse Machine Tools has been successfully representing the employees of the 110-year old company. Recently, one of the employees petitioned against the union, claiming that she and a few other employees were ignored in the union meetings and that they were discriminated against because they were African American. Which section of the NLRA did the union violate in this case?

A)Section 9(c) (3)
B)Section 8(b) (3)
C)Section 8(b) (1)
D)Section 2(11)

Question 19

A list of unfair labor practices by both employers and unions is defined in the:

A)Age Discrimination in Employment Act.
B)National Labor Relations Act.
C)National Industrial Recovery Act.
D)Civil Rights Act.

Question 20

Multiemployer bargaining is not mentioned in Section 8(b) (1) (B)of NLRA.

Question 21

Requirement of union shop agreement is that, after being hired by employer, employees should join union within:

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

Question 22

If an employer is forced by a union to hire only applicants who are satisfactory to the union, this is a violation under:

A)Section 8(a) (3).
B)Section 8(b) (2).
C)Section 9(a).
D)Section 10.

Question 23

Moonwatcher.com, a video surveillance company, has issued a work rule requiring its employees to have radio frequency identification chips embedded in their forearms, in order to monitor the employees' movements while they are working. This rule violates Section 7 under NLRA because it's overtly intrusive of the employers into the employee's life. To enjoy such rights the employees:

A)need to register for exemption at the NLRB.
B)need not to be a part of an organized union.
C)have to be registered members of the bargaining unit.
D)need to be on the rolls of the company for at least one year.

Question 24

As remedy for violation of Section 8(a) (2), the NLRB may order the employer:

A)to cease recognizing the union.
B)not to cancel any agreements reached with the union.
C)give support or assistance to the union.
D)not to disband an in-house or captive union.

Question 25

Section 8(a) (1)and Section 8(b) (1)of NLRB, prohibits:

A)union organizing campaigns.
B)strikes by employees.
C)coercion and restraint of employees.
D)poll conducted by employers.

Question 26

In the matter of verifying the union's claim to have the majority, the NLRB requires that the employer have a _____ about a union's claim of majority support in order to conduct a poll of employees regarding their support of a union.

A)discretionary trust
B)good consideration
C)good faith reasonable doubt
D)due care

Question 27

In Lechmere, Inc. v. NLRB , Lechmere's refusal to allow non employee union organizers onto its property to attempt to organize the store's employees, was held as an unfair labor practice under _____ of the NLRA.

A)Section 8(a) (1)
B)Section 7
C)Section 2(5)
D)Section 8(b) (1) (A)

Question 28

In Electromation, Inc. v. NLRB , the NLRB ultimately found that Electromation violated Sections 8(a) (2)and (1)of the NLRA, through its establishment and administration of:

A)employer's commission.
B)action committees.
C)review committees.
D)employees' union.

Question 29

When an employer is charged under Section 8(a) (3)for refusing to hire an applicant whom the employer suspects to be a union organizer, which of the following can the employer use to defend his decision?

A)By raising a reasonable question as to the applicant's actual interest in working for the employer
B)By citing the employers' rights as defined in Section 7 of the NLRA to defend against the labor practice
C)By citing the closed shop agreements in place in the firm
D)By agreeing to establish and administer in-house unions

Question 30

Nicolas is a member of the bargaining unit at Smith Inc., and has been very vocal in his criticism of the performance of the union's leadership in the last contract negotiations. Steve, the union's chief steward, irate over Nicolas' complaints, meets with Benjamin, the HR director, to discuss terminating Nicolas. Here, Steve violated Section 8(b) (2)of the: 

A)American Federation of Labor.
B)National Labor Relations Act.
C)Wagner Act.
D)Taft-Hartley Act.

Question 31

Strikes in which the union selectively strikes in just one firm in the industry are known as:

A)economic strikes.
B)whipsaw strikes.
C)unfair labor practice strikes.
D)local union strikes.

Question 32

According to NLRB v. Johnnie's Poultry Co. and Wisconsin Porcelain Co , an interrogation must include reassurances that participation in the interrogation is:

A)performance related.
B)mandatory.
C)fair labor practice.
D)voluntary.

Question 33

In E. I. DuPont & Co , the NLRB decided to restrict Weingarten rights only to:

A)private employees.
B)federal employees.
C)unionized employees.
D)non union employee.

Question 34

In NLRB v. Transportation Management Corp. , discharging Santillo was an unlawful labor practice because the employer had:

A)applied the Wright line test.
B)no knowledge of rules.
C)a grudge against him.
D)an anti union animus.

Question 35

In American Spring Wire Co., anti-union remarks made by a company president were held to be a violation of:

A)Section 8(a) (1).
B)Section 7.
C)Section 9.
D)None of these answers.

Question 36

Dolan Tractor is a manufacturing unit in Nevada. The employers rely on unions to refer prospective employees to the various employers. This kind of arrangement is known as:

A)agency shop agreement.
B)soliciting agreement.
C)hiring hall.
D)union shop.

Question 37

It is legal for the union to set particular skills necessary for membership or referral to employees through:

A)a union organizing drive.
B)arbitration.
C)a hiring hall.
D)election.

Question 38

Section 8(b) (2)is violated when unions force employers to:

A)discriminate employees because of his internal union activities.
B)form in-house unions.
C)form collective bargaining units.
D)allow them to engage in Whipsaw Strikes.

Question 39

Management at Freedom Solar Technologies Inc. supported a captive union in their company that, while creating an impression of collective input, allowed management control. As this type of employer domination is outlawed under Section 8(a) (2), the company may apply any of the remedies mentioned below except :

A)to disband an in-house or captive union.
B)to support and encourage the majority union.
C)to cancel any agreements reached with the union.
D)to cease recognizing the union.

Question 40

The general wording of _________ allows the NLRB great flexibility in fashioning remedies in various unfair practice cases.

A)Section 6(a) (1).
B)Section 6(c).
C)Section 10(c).
D)Section 8(a) (1).

Question 41

What is the exception regarding the encouragement of unions?

Question 42

Which kind of discrimination violates Sections 8(a) (3)and 8(b) (2)of the NLRA?

Question 43

Which guidelines should be followed when employer conducts a poll of his employees?

Question 44

An employer violates Section 8(a) (2)when he/she creates a union that allows:

A)employees to collectively bargain.
B)management to retain complete control.
C)employees to retain control.
D)the National Labor Relations Board to retain complete control.

Question 45

Which of the following is true regarding ABF Freight System, Inc. v. NLRB ?

A)Manso's discharge is justified and lawful Manso failed to act upon his tardiness despite warnings by three supervisors regarding top management retaliation.
B)Nothwithstanding Manso's dishonesty, the National Labor Relations Board ordered Manso's former employer to reinstate him with back pay.
C)Manso's discharge was deemed lawful as he presented false testimony in a formal proceeding, which is intolerable.
D)The Supreme Court assumed that the Board did abuse its discretion in ordering reinstatement even though Manso gave ABF a false reason for being late to work.

Question 46

List the various types of employer conduct considered illegal under section 8(a)of National Labor Relation Act.

Question 47

When should an employer conduct a poll?

Question 48

What are the remedies for violation of Section 8(a) (2)of NLRA?

Question 49

Which section of National Labor Relations Act speaks about the rights of employees?

Question 50

What are antiunion remarks?

Question 51

What are the criteria for employer rules limiting soliciting activities?

Question 52

Samantha was an active union member at Texas Tools Inc., which employed around three thousand employees. Owing to the huge workforce, Samantha was assigned tasks that went beyond the scope of her work, though she was paid for these tasks. It was later found that Samantha had claimed false expenses. Samantha's actions amount to a violation of _____ of the NLRA.

A)Section 9
B)Section 7
C)Sections 8(a) (3)and 8(b) (2)
D)Section 8(b) (6)

Question 53

Section 8(b) (5)prohibits a union from requiring excessive dues or membership fees of employees covered by:

A)collective bargaining agreement.
B)employment contract.
C)union security agreement.
D)arbitration clause.

Question 54

Robert joined as a trainee manager in Lite Apparels, which is the biggest garment factory in California. As soon as he joined, the company's union asked him to sign a union security agreement. According to the agreement, he had to pay membership fee of $500. The union's demands seem to be a violation of:

A)Section 8(b) (1) (A).
B)Section 8(b) (6).
C)Section 8(b) (5).
D)Section 10(l).

Question 55

Apart from whipsaw strikes, what are the other reasons for engaging in multiemployer bargaining with union?

Question 56

A temporary withdrawal of employment to pressure employees to agree to the employer's bargaining proposals is known as a:

A)bailout.
B)lockout.
C)closure.
D)freeze.

Question 57

Under the NLRB, unfair labor practice strikes are:

A)personal activity.
B)protected activity.
C)criminal act.
D)not acceptable.

Question 58

Which act defines unfair labor practices?

Question 59

Which section of National Labor Relation Act speaks about union coercion of employees and employers?

Question 60

In NLRB v. Brown , Supreme Court held that the employers' attempt to remain open for business using temporary replacements was a measure reasonably related to the legitimate business purpose of preserving the integrity of the multiemployer bargaining unit and has not violated both:

A)Section 8(a) (1)or 8(a) (3).
B)Section 9(a)or Section 10(e).
C)Section 7 or Section 8(b) (3).
D)Section 8(c)Section 8(a) (5).

Question 61

Define super seniority in context of collective bargaining.