Deck 14: The Employees Right to Privacy and Management of Personal Information

Question 1

After seven months of negotiation,the union representing the Trout Mfg.employees has failed to reach an acceptable collective bargaining agreement.Trout Mfg.locks out its employees.This is an unfair labor practice.

Answer 1

False

Question 2

Big Time Manufacturing,Inc.was targeted for a union campaign.The union organizers have contacted Walter Dewberry,a bend employee,to assist them in the process of preparing to vote for union.Upon getting word that Walter was working with the union organizers,Big Time moved Walter to the night shift,working 12:00 a.m.to 8:00 a.m.with a skeleton crew of 12 employees.Big Time also instituted a new rule requiring employees to leave company property within 15 minutes of the end of their shift unless speaking with a member of management.

A)Walter has no recourse because he is an employee-at-will.
B)Big Time has committed an unfair labor practice.
C)Big Time cannot be charged with engaging in an unfair labor practice because the company had not started the negotiation process with the union at the time Walter's schedule was changed.
D)Walter has violated his duty of fair representation.

Answer 2

B

Question 3

If during a strike,the employer replaces striking workers with new employees,all economic strikers have an absolute right to be reinstated if they offer an unconditional offer to return to work.

Answer 3

False

Question 4

The yellow dog contract was a device used by anti-union employers to stop the progress of the union movement by forcing a worker to promise not to join a labor union while in the hire of an employer.

A)Yellow dog contracts were made illegal by court decision in Hitchman Coal Company v.Mitchell.
B)the Norris-LaGuardia Act declared that yellow dog contracts were inconsistent with U.S.public policy and not enforceable in any court in the United States.
C)the Wagner Act declared that yellow dog contracts were inconsistent with U.S.public policy and not enforceable in any court in the United States.
D)the Taft-Hartley Act declared that yellow dog contracts were inconsistent with U.S.public policy and not enforceable in any court in the United States.

Question 5

The National Labor Relations Board enforces labor laws for

A)state and local government employees.
B)private sector employees.
C)federal government employees in the executive branch.
D)Congressional employees.

Question 6

The Taft-Hartley Act prohibits the use of closed shops where the state in which the union is located has enacted a right-to-work law.

Question 7

The Landrum-Griffin Act

A)made stealing union funds a federal crime.
B)created a bill of rights for union members.
C)provided specific procedures for union elections.
D)All of the choices are correct.

Question 8

The Wagner Act amended the Taft-Hartley Act to establish union unfair practices.

Question 9

The following categories of workers are covered by the National Labor Relations Act.

A)nonsupervisory or nonmanagerial employees,including part-time workers.
B)independent contractors.
C)domestic workers and agricultural workers.
D)All of the choices are correct.

Question 10

A management security clause gives the employer the right to

A)include mid-term negotiations in the collective bargaining agreement.
B)the right to require employees to sign an agreement stating that they do not belong to a union and won't join one.
C)run the business and make appropriate business decisions as long as management complies with applicable laws.
D)require the union to represent all employees fairly and without discrimination based on union membership.

Question 11

Mandatory subjects of bargaining include wages,hours and terms and conditions of employment as well as any other matter deemed necessary by a majority of the union members.

Question 12

The landmark case of Commonwealth v.Hunt denied employers the ability to fight strikes with charges of criminal conspiracy.

Question 13

Shop stewards appointed by management must be approved by the union membership.

Question 14

Management can be charged with engaging in an unfair labor practice before the union has been established in its facility.

Question 15

In determining whether an employer's motive for discharging was anti-union animus,the NLRB may consider

A)a scintilla of evidence.
B)only direct evidence.
C)substantial circumstantial evidence.
D)evidence given in the presence of a jury.

Question 16

The National Labor Relations Act made it an unfair labor practice to interfere with the formation of a labor union or discourage membership in a labor union.

Question 17

Collective bargaining during the term of a contract is termed midterm negotiations.

Question 18

A no-strike,no-lockout clause in a collective bargaining agreement is legal under the NLRA unless the workers engage in a sympathy strike.

Question 19

Federal judges cannot restrain any strike,regardless of the strike's objectives.

Question 20

A union has failed to discharge its duty of fair representation when

A)a majority of the union members feel that is has negotiated a collective bargaining agreement that is too pro-management.
B)the union's agreement with an employer is wholly irrational or arbitrary.
C)the union refuses to bargain with an employer.
D)union members fail to pay dues.

Question 21

In Lehnert v.Ferris Faculty Association,the U.S.Supreme Court held that:

A)all activities undertaken by a union's officers,on behalf of the union,may be legally funded with the moneys paid by free riders.
B)some activities,such as public relations,undertaken by a union's officers,on behalf of the union,may not be legally funded with the moneys paid by free riders.
C)it is an unfair labor practice to require nonunion employees to pay union dues.
D)it is an unfair labor practice for an employer to refuse to bargain over permissive bargaining subjects,if these subjects are "inextricably intertwined" with mandatory bargaining subjects.

Question 22

Gargantuan Industries has approached the union representatives about scheduling midterm negotiations in accordance with the collective bargaining agreement.The union refused to meet with management,claiming that there wasn't anything to negotiate.

A)The union's refusal to bargain with Gargantuan is legal because the parties did not have a dispute prior to the request to have midterm negotiations.
B)The union's refusal to bargain with Gargantuan is an unfair labor practice.
C)The union's refusal to bargain with Gargantuan is an unfair labor practice in violation of the Landrum-Griffin Act.
D)None of the choices are correct.

Question 23

The most important difference between the public and private collective bargaining is that

A)the federal government and most state collective bargaining statutes do not contain the right of public employees to strike.
B)only unions representing federal,state and local government employees lobby Congress.
C)the unions that represent private sector workers are not allowed to represent federal,state and local government employees.
D)unions representing federal,state and local government employees are not covered by the Landrum Griffin Act.

Question 24

Laraine O'Rourke was the shop steward for the union at Capricorn Manufacturing.The union members discovered that Laraine had stolen $17,000 in union dues over a 10 year period.Laraine is guilty of a federal crime under

A)the National Labor Relations Act.
B)the Taft-Hartley Act.
C)the Landrum-Griffin Act.
D)the Norris-LaGuardia Act.

Question 25

Employers cannot do which of the following during union campaigns:

A)try to help employees form a union.
B)send letters to employees' homes.
C)tell employees how good the company is.
D)give pay raises or benefits to all workers.

Question 26

Sharon is not required to join the union that represents coworkers at her place of employment,which happens to be an agency shop.This means that:

A)she must,nevertheless,pay union dues.
B)she need not pay union dues.
C)she must negotiate her own wages and hours.
D)she is,nevertheless,bound by the rules and regulations of the union.

Question 27

Bolton Tire Manufacturing and the union came to an impasse during negotiation of the collective bargaining agreement.Specifically,they could not agree on the wage increase for the employees.The union representative reported this information to the employees,and they staged a strike without the union's authorization.

A)The employees have engaged in an unfair labor practice strike.
B)The employees have engaged in an economic strike.
C)The employees have engaged in a sitdown strike.
D)None of the choices are correct.

Question 28

An employer commits an unfair labor practice

A)if he reinstates striking employees.
B)if he tries to help a particular candidate get elected to a union office.
C)if he fails to agree to include all union demands in the collective bargaining agreement.
D)All of the choices are correct.

Question 29

During a unionizing campaign,the employer is permitted to:

A)assist the employees to form the union.
B)let employees hold antiunion meetings at work.
C)send letters to employee homes.
D)ask about union meetings or union activities.

Question 30

The Federal Labor Relations Authority

A)is the agency established to administer federal sector labor law.
B)is the counterpart to the NLRB.
C)was established by the Civil Service Reform Act of 1978.
D)All of the choices are correct.

Question 31

Cordova has been involved in negotiations with the union representing her employees for over seven months.An agreement has not been reached on any issue,although Cordova has made concessions from her original position.She is unwilling to make further concessions.If no agreement is reached within a reasonable amount of time:

A)Cordova will be liable for having committed an unfair labor practice,because the law presumes that an agreement must be reached if the parties bargain in good faith.
B)the Norris-LaGuardia Act permits the union to impose terms and conditions substantially similar to those enjoyed by similarly situated workers.
C)Cordova will not be liable for having committed an unfair labor practice,because the law does not require that an agreement be reached,only that the parties bargain in good faith.
D)the National Labor Relations Act permits the National Labor Relations Board to impose terms and conditions substantially similar to those enjoyed by similarly situated workers.

Question 32

The Steelworkers Local represents the employees at Cochran Tile Mfg.The union wishes to negotiate a collective bargaining agreement over the wages,hours,and working conditions at Cochran,but Cochran refuses to even speak to officials of the union:

A)Cochran is guilty of an unfair labor practice,for refusing to bargain over permissive subjects of bargaining.
B)Cochran is not guilty of an unfair labor practice,if it can demonstrate that its employees currently enjoy wages,hours,and working conditions substantially similar to what they would have under a collective bargaining agreement.
C)Cochran is guilty of an unfair labor practice,for refusing to bargain over mandatory subjects of bargaining.
D)Cochran is not guilty of an unfair labor practice,if it enters into an agreement with the NLRB stating that it will provide its employees with the same wages,hours,and working conditions sought by the union but without the union's presence.

Question 33

The sector of the economy with the highest percentage of union members is

A)agriculture.
B)local government.
C)federal government
D)transportation and utilities.

Question 34

Individuals in a bargaining unit who do not pay dues to the union and who do not join the union representing the unit are called:

A)free riders.
B)yellow dog riders.
C)exempt employees.
D)independent contractors.

Question 35

In Airline Pilots Association,Int'l v.O'Neill,the court determined that a union would not be guilty of breaching their duty of fair representation if:

A)no strikes or lockouts result from the negotiations.
B)the union gets more concessions than does management.
C)the agreement is not wholly irrational or arbitrary.
D)at least 25% of the bargaining unit refuses to agree to the charge of breach.

Question 36

Brian is a member of the union.His union leaders have decided to strike because management will not consider their demands for a salary increase.During the strike,management replaces the striking workers with new employees.When the strike is over:

A)Brian is entitled to be reinstated.
B)Brian is not entitled to be reinstated.
C)refusal by the employer to reinstate Brian is an unfair labor practice.
D)None of the choices are correct.

Question 37

Madeline is a unionized civil servant,working for the U.S.International Revenue Commission,a federal agency.She believes that she and her coworkers have been the subject of an unfair labor practice on the part of their employer.Claims based on this belief are handled by:

A)the Equal Employment Opportunity Commission.
B)the Merit Systems Protection Board.
C)the National Labor Relations Board.
D)the Federal Labor Relations Authority.

Question 38

Preventing and addressing corruption in the operation of unions is the purpose of:

A)the Wagner Act.
B)the Norris LaGuardia.
C)the Landrum-Griffin Act.
D)the Taft-Hartley Act.

Question 39

The Norris-LaGuardia Act provided for each of the following except:

A)injunctions could not be used to prohibit any person from participating in a labor dispute.
B)labor unions could provide relief funds to strikers.
C)yellow dog contracts were directly outlawed.
D)collective bargaining was endorsed as a matter of public policy.

Question 40

Long Industries was negotiating a collective bargaining agreement with the union and the union representatives refused to consider the concessions on the table for discussion.The union threatened to strike if Long did not agree to its demands and refused to continue to bargain.Long refused to accept the union's proposals and the following day,locked the employees out.

A)The lockout was not a violation of the NLRA if done to get the union back to the bargaining table.
B)The lockout was a violation of the NLRA.
C)The lockout was an unfair labor practice.
D)None of the choices are correct.

Question 41

Officials of the Garment Workers Union,the national union under which the Dressmakers Local operates,intend to use moneys collected through union dues payments to finance a nationwide public relations campaign intended to call public attention to what the officials believe to be unacceptable attitudes toward unionism.The Dressmakers Local represents the workers of Randall Fabrics,which is an agency shop.Explain whether the officials of the Garment Workers Union can legally use moneys derived from fees paid made by free riders at Randall,to fund this campaign.

Question 42

The National Labor Relations Act is also known as the

A)Landrum-Griffin Act.
B)Taft-Hartley Act.
C)Norris-LaGuardia Act
D)Wagner Act.

Question 43

In a state with a "right-to-work" law

A)the employer and union agree that all members of the bargaining unit will join the union within a certain amount of time after becoming employed.
B)it is prohibited for a union and an employer to enter into an agreement that requires union membership or payment of HYPERLINK "http://en.wikipedia.org/wiki/Union_dues"" union dues or "fees" as a condition of employment.
C)only persons who are already members of the union have the right to work for employers who have negotiated contracts with the union.
D)all employees are required to be free riders.

Question 44

PurrFect Litter Clay Mines employees are represented by a union.All of the employee mechanics who repair the company's equipment worked on the day shift,which meant that if the equipment broke down on one of the other shifts,PurrFect had to pay overtime or suffer lost production.PurrFect proposed to the union that the mechanics be divided among all three shifts to solve the problem but the union refused.Thereafter,PurrFect unilaterally changed the shift assignments in accordance with its proposals.The union filed an unfair labor practice charge and went on strike.PurrFect replaced the striking mechancics.Later,the NLRB found that PurrFect had committed an unfair labor practice.If the striking mechanics make an unconditional offer to return to work,PurrFect

A)must reinstate the mechanics because they were unfair labor practice strikers.
B)does not have to reinstate the mechanics because they were economic strikers.
C)does not have to reinstate the mechanics because they were sympathy strikers.
D)must reinstate the mechanics because they were wildcat strikers.

Question 45

Explain the concept of bargaining in good faith,including any related unfair labor practice.

Question 46

A maquiladora is

A)a type of lunch usually eaten by union workers in the Southwestern United States.
B)a shop steward in an American factory where most of the employees are Mexican immigrants.
C)a HYPERLINK "http://en.wikipedia.org/wiki/Factory"" factory in Mexico that imports materials on a HYPERLINK "http://en.wikipedia.org/wiki/Duty-free"" duty-free basis for assembly or manufacturing by cheap labor who often work in substandard conditions and then sends the finished product to another country,such as the country which was the source of the materials .
D)a HYPERLINK "http://en.wikipedia.org/wiki/Factory"" factory in Mexico that produces maquilas to be worn on little "Dora" dolls.

Question 47

The Technological Institute permits employees to use their work computers to send personal e-mail messages.The Institute also has a policy that prohibits any employee,whether or not a representative of the Union,from using the electronic mail to distribute any union literature or notice.Employees have sent personal email of jokes,poems and notices of community events,and on such topics as boredom,drugs,higher education,the IRS,mortality,philosophy,TV programs,religion,diseases,and words of wisdom.The Institute

A)committed the unfair labor practice of discriminating in the hiring or tenure of employment to discourage membership in a labor organization.
B)committed the unfair labor practice of refusing to bargain with the representatives of the employees.
C)committed the unfair labor practice of interfering with,restraining,or coercing employees in the exercise of their rights under the NLRA.
D)has not committed an unfair labor practice because employers are allowed to promulgate and enforce no-solicitation rules.

Question 48

List and briefly describe the purpose of the four major federal statutes that regulate and protect union activity.[This question can be offered as up to four separate questions.]

Question 49

What were the four main weapons that employers could use against workers before the advent of modern labor law in the mid-20^th Century? Explain your answer.[This question can be offered as up to four separate questions.]

Question 50

Since 2000,a championship in major league professional sports has been cancelled for

A)football.
B)hockey
C)basketball
D)All of the choices are correct.

Question 51

While building a new baseball park in Upper City,the Big League Concrete Company subcontracts with Cushy Seating to install the seats.The construction workers at Big League are represented by the International Union of Stadium Employees (IUSE).Cushy is a non-union employer and has rebuffed efforts by IUSE to get it to sign a collective bargaining agreement with the union.The IUSE sends email and letters to the workers of Big League asking them not to report to work until Cushy signs a union contract or Big League replaces Cushy with a union subcontractor.The IUSE has committed the unfair labor practice of

A)refusing to bargain with an employer.
B)engaging in a secondary boycott.
C)causing an employer to discriminate against an employee.
D)None of the choices are correct.

Question 52

What is the primary difference between public and private sector employees with regard to collective bargaining? Is there another significant difference for federal employees? Discuss your answer.