Deck 19: Public Sector Labor Relations

Question 1

The Civil Service Act granted the Congress the sole authority to set wages, hours, and other terms and conditions of federal employment.

Answer 1

True

Question 2

Employees who are covered under the Federal Service Labor-Management Relations Act (FSLMRA) are prohibited from joining or assisting any labor organizations.

Answer 2

False

Question 3

The rights of public sector employees to organize and bargain collectively are relatively recent legal developments.

Answer 3

True

Question 4

The Federal Service Labor-Management Relations Act (FSLMRA) created the National Labor Relations Board (NLRB) to administer the act.

Question 5

The Lloyd-La Follette Act of 1912 gave _____ the right to join unions.

A) ​postal workers
B) paramedicals​
C) paralegals​
D) rail road workers​

Question 6

A public sector employer may be limited in its attempts to discipline or regulate its employees by constitutional provisions.

Question 7

Section 7 of the National Labor Relations Act protects the right to strike of a public sector employee.

Question 8

The Federal Service Labor-Management Relations Act (FSLMRA) granted federal employees the right to organize and:

A) ​issue injunctions.
B) renew employment contracts.
C) bargain collectively.
D) file labor suits.

Question 9

The Federal Service Labor-Management Relations Act (FSLMRA) covers federal employees who are employed by a federal agency or who have ceased to work for the agency because of an unfair labor practice.

Question 10

Which of the following is not a significant difference in labor relations in private and public sector employers?​

A) ​Limits of constitutional provisions
B) Right to strike​
C) ​Sovereignty
D) ​Appointment of bargaining unit

Question 11

The Civil Service Act of 1883, granted the sole authority to set wages, hours, and other terms and conditions of federal employment to the:

A) ​labor department.
B) Senate.
C) bargaining representative.
D) Congress.

Question 12

The Civil Service Act passed in the year 1883 is also known as the:

A) ​Equal Pay Act.
B) Thurmond Act.
C) Pendleton Act.
D) Hatch Act.

Question 13

For a public sector employer, collective bargaining may involve delegating to the union the authority relating to the employer's statutory obligations.

Question 14

​What is the opinion given in Postal Clerks v.Bloun, regarding public sector employees' right to strike?

A) ​Public sector employees are entitled to their constitutional right to strike.
B) Public sector employees have the right to strike subject to a time limit.
C) ​Public sector employees can strike with the permission of the Supreme Court.
D) ​Public sector employees do not have the right to strike.

Question 15

According to the Federal Service Labor-Management Relations Act (FSLMRA) clause, collective bargaining directly affects the authority of any management official or any agency to determine the mission, budget, organization, number of employees, or the internal security practices of the agency.

Question 16

Executive Order 10988 placed the entire program of employee-management relations under the supervision and control of the Federal Labor Relations Council.

Question 17

The Federal Service Labor-Management Relations Act (FSLMRA) does not require having a grievance procedure in all the collective agreements under it.

Question 18

Bargaining, in the case of a public sector employer, does not influence taxes or the level of public services provided by the government employer.

Question 19

The Federal Labor Relations Authority (FLRA) has the authority to hold hearings and issue subpoenas.

Question 20

Informational picketing that does not interfere with agency operations is not allowed.

Question 21

If an impasse is not resolved under mediation of the Federal Mediation and Conciliation Service (FMCA), either parties may request that the _____ consider the dispute.

A) ​Federal Labor Relations Authority
B) Fair Labor Standards Board​
C) National Labor Relations Board​
D) Federal Service Impasse Panel​

Question 22

Ron joined a public sector enterprise and the company had an active union.Ron wished to join the union but was denied membership in the union.Which of the following acts makes it illegal to deny union membership to an employee?​

A) ​Federal Service Labor-Management Relations Act
B) Wagner Act​
C) National Labor Relations Act​
D) Fair Labor Standards Act​

Question 23

​The purpose of the restrictions on the political activities of federal employees through the Hatch Act is all of the following except:

A) ​avoid the appearance of political bias in government actions.
B) prevent the coercion of federal employees to engage or to support political actions.
C) avoid discriminating against political pressure groups within federal agencies.
D) avoid politicizing the federal civil service.

Question 24

In National Federation of Federal Employees, Local 1309 v.Dept.of the Interior, the Supreme Court held that the Federal Labor Relations Authority had the power to determine whether federal employers were required to engage in "midterm" bargaining.Midterm bargaining is:

A) ​used to create a new collective agreement or to renew an existing agreement.
B) the bargaining during the term of a collective agreement over subjects that were not included in the agreement.
C) ​a process set up by a collective agreement to deal with complaints that arise under the collective agreement.
D) ​an arbitration that defines the rights and obligations of each party under the agreement.

Question 25

The employees of the U.._____ are not subject to the Federal Service Labor-Management Relations Act (FSLMRA).

A) ​Transport Services
B) Judicial Service​
C) Military Service​
D) Postal Service​

Question 26

​Which of the following is not true of the various aspects of the Federal Labor Relations Authority (FLRA) with regard to representation of bargaining units?

A) ​It is empowered to determine the appropriateness of a representation unit of federal employees.
B) It undermines the FSLMRA in determining the bargaining unit.
C) It ensures a clear and identifiable community of interest among the employees.
D) It can determine the appropriateness of a unit on various bases.

Question 27

When a complaint alleging unfair labor practices is filed with the Federal Labor Relations Authority, the General Counsel's Office of the FLRA investigates the complaint and attempts to reach a _____ settlement.

A) ​voluntary
B) temporary​
C) persuasive​
D) permanent​

Question 28

The decisions of Federal Labor Relations Authority are subject to judicial review by:

A) ​the federal courts of appeals.
B) federal district courts.
C) the NLRB.
D) the Employment Relations Commission.

Question 29

Consultation rights entitle the union to be informed of any substantive change in employment conditions proposed by the:

A) ​Secretary of Labor.
B) senate.
C) employer.
D) Court.

Question 30

A union becomes the exclusive representative of an appropriate unit of employees when it has been selected by a majority of votes cast in a representation election under the:

A) ​National Labor Relations Act.
B) Fair Labor Standards Act.
C) Labor Management Reporting and Disclosure Act.
D) ​Federal Service Labor-Management Relations Act.

Question 31

Nearly 30 percent of the bargaining unit members at Specialty Mills Company no longer wish to be represented by their exclusive representative union.When such a petition is filed, the representation question will be investigated by the:

A) ​International Labor Union.
B) National Labor Relations Board.
C) Federal Labor Relations Authority.
D) Equal Employment Opportunity Commission.

Question 32

​Employees of a cement manufacturing company run by the government negotiated with the employer for a hike in their wages through the collective bargaining unit of the company.Which of the following is correct regarding the federal employees' rights regarding collective bargaining on wage issues?

A) ​Wage issues are subject to collective bargaining because they are determined by collective bargaining agreement.
B) Wage issues are not subject to collective bargaining because they are determined by statute.
C) ​Wage issues are subject to collective bargaining because they are determined by the employment contract.
D) ​Wage issues are not subject to collective bargaining because they are determined by union's policy.

Question 33

All collective agreements under the Federal Service Labor-Management Relations Act must contain a grievance procedure.Within how many days may either of the parties appeal to the Fair Labor Relations Authority if arbitration is invoked?​

A) ​90
B) 15​
C) 30​
D) 60​

Question 34

The Federal Service Labor-Management Relations Act elections allows for the holding of _____ to determine the exclusive representative of a bargaining unit.

A) ​contract negotiation
B) representation elections​
C) neutral arbitration​
D) consent elections​

Question 35

The Federal Labor Relations Act may also seek injunctions, restraining orders, or contempt citations in the federal courts against the:

A) ​federal employers.
B) independent contractors.
C) striking unions.
D) state employers.

Question 36

In Professional Air Traffic Controllers (PATCO) Org.v.Fair Labor Relations Authority, PATCO and the Federal Aviation Authority (FAA) held a negotiation for a new agreement which was rejected by PATCO.Following the rejection, the parties resumed negotiation again, but when the negotiation failed to reach an agreement, PATCO went on strike against FAA.Is it illegal for PATCO to engage in a strike?​

A) ​No, it is not illegal for PATCO to strike as the federal employees have constitutional right to strike.
B) Yes, it is illegal for PATCO to strike as it is a federal organization and federal employees are forbidden to strike.
C) No, it is not illegal for PATCO to strike because PATCO had been granted special permission to strike through court order.
D) Yes, PATCO being an exclusive collective bargaining representative has the right to strike.

Question 37

Wages for most federal employees are not subject to collective bargaining because they are determined by:

A) ​statutes.
B) principle of fairness.
C) precedents.
D) federal treatises.

Question 38

The management-rights clause contained in the Federal Service Labor-Management Relations Act (FSLMRA) state that decisions to assign work, contract out work, or select candidates to fill positions are:

A) ​subject to arbitration under the NLRA.
B) not subject to negotiation.
C) guided by fair labor practices.
D) restricted in the case of government employers.

Question 39

The central authority responsible for the administration of the Federal Service Labor-Management Relations Act (FSLMRA) is the:

A) ​Federal Labor Relations Authority.
B) National Labor Relations Board.
C) Equal Employment Opportunity Commission.
D) Homeland Security Labor Relations Board.

Question 40

The Federal Labor Relations Authority has broad authority for fashioning remedial orders for:

A) ​fair representations.
B) unfair labor practices.
C) strikes.
D) whistle blowing.

Question 41

What is the importance of the Federal Mediation and Conciliation Service?​

Question 42

​The Federal Service Labor-Management Relations Act provides that union dues may be deducted from an employee's pay only if authorized by the:

A) ​company.
B) employee.
C) NLRA.
D) arbitrator.

Question 43

What do public sector labor relations statutes define?​

Question 44

Briefly explain the role of the Federal Service Labor-Management Relations Act.

Question 45

Briefly explain the Federal Service Labor-Management Relations Act.

Question 46

What does the Hatch Act prohibit?​

Question 47

What is the duty of the Merit System Protection Board (MSPB)?​

Question 48

How does the Postal Service Reorganization Act influence an impasse?​

Question 49

What does the collective bargaining for the public sector employees involve?​

Question 50

In City of Madison Joint School District No.8 v.Wisconsin Employment Relations Commission, the Supreme Court reversed the Wisconsin Supreme Court's conclusion that Holmquist's terse statement during the public meeting constituted:

A) ​expression of his constitutional rights.
B) negotiation with the board.
C) violation of the collective agreement.
D) a violation of his role as the bargaining representative.

Question 51

What role does the Public Employee Relations Board (PERB) play regarding employee relations?​

Question 52

Employees of Lacosin Postal Services had filed a grievance petition, under government authorization, against their employers for not reaching a bargaining agreement.Most of the state statutes authorizing public sector labor relations provide for exclusive bargaining representatives of the employees.To determine representation issues and unfair labor practice complaints the statutes generally create a:

A) ​Public Employee Relations Board.
B) National Labor Relations Board.
C) Federal Labor Relations Board.
D) Public Employees Representative Board.

Question 53

What happens when a complaint alleging unfair labor practices is filed with the Federal Labor Relations Authority?​

Question 54

Mediation is generally the first step in the:

A) ​grievance process.
B) impasse resolution process.
C) arbitration proceedings.
D) negotiation process.

Question 55

​In State Ex Rel.Ozanne v.Fitzgerald, what law or act was violated?

A) ​Federal Service Labor-Management Relations Act
B) Wagner Act​
C) Open Meetings Law​
D) Taylor Law​

Question 56

In American Federation of Government Employees, AFL-CIO v.Robert M.Gates, Secretary of Defense, the issue arose out of a contentious dispute over the collective-bargaining rights of hundreds of thousands of civilian employees of the Department of Defense (DoD).What authority of the National Defense Authorization Act (NDAA) authorizes the DoD to curtail collective bargaining rights that DoD's civilian employees otherwise possess under the Civil Service Reform Act of 1978?​

A) ​Collective authority
B) Relative authority​
C) Temporary authority​
D) Absolute authority​

Question 57

Discuss the role of a union with exclusive bargaining status.

Question 58

In National Treasury Employees Union v.Michael Chertoff, Secretary, United States Department of Homeland Security, the District Court held that the Department exceeded its authority in attempting to conscript the _____ into the HR system.

A) ​Federal Labor Relations Authority
B) Employment Relations Commission​
C) National Labor Relations Board​
D) Public Service Commission​

Question 59

As observed in Garcetti v.Ceballos, the First Amendment limits the ability of a public employer to impose restrictions on employees in their capacities:

A) ​as public sector employees.
B) as private citizens.
C) as parties to a contract.
D) as members of the bargaining unit.

Question 60

In National Treasury Employees Union v.Michael Chertoff, Secretary, United States Department of Homeland Security, the Supreme Court of Wisconsin recognized that both the Federal and State Constitutions protect freedom of speech and the right to petition the government, but noted that these rights:

A) ​may be abridged in case it will bring about the substantive evils that the legislature has a right to prevent.
B) ​may not be abridged in case it will bring about the substantive evils that the legislature has a right to prevent.
C) ​may be abridged in its discretion even if legislature has the right to prevent.
D) ​may be abridged in case the Supreme Court permits; even if legislature has the right to prevent.

Question 61

Describe the Federal Labor Relations Authority (FLRA).

Question 62

Explain briefly the conditions of employment of the Federal Service Labor-Management Relations Act.

Question 63

Name some of the unfair labor practices by agencies outlined under the Federal Service Labor-Management Relations Act?

Question 64

​Discuss appropriate representation units under the Federal Labor Relations Authority (FLRA).