Deck 24: Labor Law

Question 1

The Taft-Hartley Act provides that union shop contracts are legal only in states that do not forbid them.

Answer 1

True
Explanation: The Taft-Hartley Act has created special rules with regard to state right-to-work laws. It provides that union shop contracts are legal only in states that do not forbid them.

Question 2

Brigg Co. asked its employees to refrain from joining the Moderate Union. It promised an out-of-turn promotion for all employees who would refrain from joining the union. Big Co. has committed no legal offense by this act.

Answer 2

False
Explanation: An employer cannot interfere with employees when they are forming a union, selecting their representatives, voting, striking, picketing, or engaging in any other protected and legal acts. For example, an employer cannot threaten to fire or discipline a worker for union activity or reward workers who do not participate in union activities. Threats to eliminate certain benefits or privileges, to close down the business, or to discharge workers for union activity also are prohibited.

Question 3

A right-to-work law outlaws only the union shop, but not the closed shop.

Answer 3

False
Explanation: State laws that prohibit labor-management agreements requiring union membership as a condition of getting or keeping a job are called right-to-work laws, which outlaw both the closed shop and the union shop.

Question 4

A "hot-cargo" contract allows a union to handle stolen property that has been recovered by the police and sold at a police auction.

Question 5

The Norris-LaGuardia Act of 1932 forced companies to cooperate with union organizers and thus, keep people working.

Question 6

A "right-to-work" state means that workers can choose to opt-out of unions.

Question 7

The Wagner Act allowed an individual employee in a unionized business to negotiate his or her own employment contract.

Question 8

The Clayton Act of 1914 prohibited federal courts from issuing injunctions against labor strikes.

Question 9

An employer is barred from playing any role in the selection of union representatives.

Question 10

Labor unions are not protected by the First Amendment because they are not political parties.

Question 11

The Federal Mediation and Conciliation Service cannot act by itself, but only upon the request of either side to a labor dispute.

Question 12

Congress, not the NLRB, has the authority to conduct investigations into unfair labor practice charges.

Question 13

In the Sousa v. American Medical Response of Connecticut (AMR) case, the NRLB protected the free speech rights of the employee.

Question 14

The Norris-LaGuardia Act outlawed so-called "yellow-dog" contracts.

Question 15

Strikes by public employees who perform vital services are generally illegal, unless specifically authorized by statute.

Question 16

The NLRB has no jurisdiction over religious schools.

Question 17

Under other provisions of the Taft-Hartley Act, unions are not legally obligated to give notice to the employer of an intention to strike prior to the termination date of a collective bargaining contract.

Question 18

One of the objectives of labor unions is sponsoring laws that help improve political conditions for workers.

Question 19

Historically, courts have issued injunctions to use the Sherman Act to break up labor unions.

Question 20

The Taft-Hartley Act authorized the NLRB to hold hearings on unfair labor practice petitions.

Question 21

Hamyes Chemical Works allows its employees to be exposed to certain chemicals. George, an employee, reports this to his union and agrees to testify when the union brings a claim that this is in violation of a union contract. George is immediately discharged from the job. Haymes Chemical Works:

A) has rightly discharged George as his act amounted to breach of trust.
B) would be liable for legal action under the Wagner Act.
C) could be charged with coercion and harassment under the Taft-Hartley Act.
D) is protected under the First Amendment.

Question 22

It is possible for the state governments in Wisconsin, Ohio, and Michigan to attempt to alter the collective bargaining rights of firefighters, police officers, and teachers. Why?

A) These states have voted to keep the Wagner Act out of their states.
B) The Wagner Act does not apply to state government or local government employees.
C) The rulings of the agencies constituted under the Wagner Act are not legally binding.
D) The Wagner Act is applicable only to private organizations.

Question 23

The ____________ gives the president of the United States special powers to deal with actual or threatened strikes that affect interstate commerce or that endanger the nation's health and safety.

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

Question 24

In a national emergency strike, the Attorney General can address a petition to the:

A) U.S. Supreme Court.
B) federal court of appeals.
C) federal district court.
D) state supreme court.

Question 25

Big Union negotiates a wage increase for members of a bargaining unit. This wage increase is:

A) only for union members.
B) only for workers whose names are listed in the contract.
C) for all workers who join the union.
D) for all workers in the bargaining unit.

Question 26

In terms of federal laws governing labor-management relations, which of the following statements is incorrect?

A) Picketing and boycotting are subject to federal court injunctions, under the Norris-LaGuardia Act.
B) The Wagner Act created the National Labor Relation Board.
C) The Labor-Management Relations Act of 1947 is also known as the Wagner Act.
D) It is an unfair labor practice for a labor union to try to coerce employees to join the union, under the Taft-Hartley Act.

Question 27

The Wagner Act does all of the following except:

A) authorize the NLRB to hold hearings on unfair labor practice petitions.
B) outlaw certain practices by employers as unfair labor practices.
C) allow states to legislate right-to-work laws.
D) authorize the NLRB to conduct representative elections.

Question 28

AML Union tells Standard Co. during contract negotiations that "unfortunate events may occur" if Standard does not agree to most of the union contract proposals. The next day, two Standard Co. trucks burn. AML Union has:

A) not bargained in good faith.
B) made a statement of opinion.
C) exercised its First Amendment rights.
D) engaged in destructive bargaining.

Question 29

Joe, an outspoken union advocate working in the shipping department at Frontline Co. for the past 10 years, is transferred to clean out the oil pit. Joe is also paid less for this job. Joe has several allergic reactions to the oil and quits the company due to health reasons. Frontline Co. has:

A) exercised lawful management rights.
B) made a discriminatory decision in violation of the Civil Rights Act.
C) established a closed shop.
D) engaged in constructive discharge.

Question 30

Jane believes that the Big Union leaders are using union funds illegally, so she speaks out against the leaders. Big Union expels Jane. Which of the following statements is true?

A) Big Union may determine its own membership.
B) Big Union has engaged in an unfair labor practice.
C) Big Union has to contact the NLRB before expelling Jane.
D) Jane has to contact the NLRB before speaking out.

Question 31

Avalon Co., by agreement, hires only union members in good standing. Avalon Co. has:

A) created a union shop.
B) created a closed shop.
C) formed a company-run union.
D) created an agency shop.

Question 32

A(n) ____________ shop is a workplace in which nonunion members may be employed for a trial period of not more than 30 days after which the nonunion workers must join the union or be discharged.

A) open
B) agency
C) closed
D) union

Question 33

The major provision of the ___________ is that it exempts union activity from antitrust laws.

A) Norris-LaGuardia Act
B) Railway Labor Act
C) Clayton Act
D) Wagner Act

Question 34

A meritorious unfair labor practice charge filed with the NLRB first goes to:

A) arbitration.
B) a hearing.
C) federal district court.
D) mediation.

Question 35

A(n) ____________ is a conspiracy in which a union places pressure on a neutral customer (with whom the union has no dispute) to cease doing business with the employer, with whom the union has a dispute.

A) constructive discharge
B) featherbedding
C) secondary boycott
D) arbitration

Question 36

Mina does not like the way the Adams Co. Production Union, which represents employees at her Adams Co. plant, is representing her interests and wants to privately negotiate her own contract with Adams Co. Which of the following statements is most likely true?

A) Mina has the right to negotiate her own terms of employment.
B) Production Union represents Mina; hence, she cannot negotiate her own contract.
C) Production Union only represents the workers who want to be represented.
D) Mina must have NLRB approval to negotiate her own contract.

Question 37

The ____________ Act established a bill of rights for union workers.

A) Landrum-Griffin
B) Taft-Hartley
C) Clayton
D) Wagner

Question 38

If Bellard Co. tells its employees that voting for the union is a mistake, its statement is:

A) protected by the Taft-Hartley Act.
B) prohibited by the NLRB.
C) only allowed in right-to-work states.
D) protected by the Landrum-Griffin Act.

Question 39

A union must register its bylaws with the:

A) NLRB.
B) Department of Commerce.
C) Federal district court.
D) Secretary of Labor.

Question 40

Citral Co. orders its employees not to join a labor union. It makes it clear that any employee joining the union would merit a demotion and a drastic cut in the pay package.

A) Citral Co. has simply exercised its right to freedom of speech.
B) Citral Co. is trying to protect its business interest by legal means.
C) Citral Co. has violated the law by passing these orders.
D) Citral Co. has not violated the law, as these instructions do not cause any physical harm to anybody.

Question 41

Big Union is on strike against ABC Construction Co. It asks the employees of XYZ Subcontractor Co. not to unload trucks delivering supplies to ABC Construction Co. building sites. Discuss if this action is lawful.

Question 42

Priscilla, a production manager for the Orange Hope Company, told her supervisor that she was considering joining the company's union. Her supervisor, who did not belong to the union, told Priscilla that he would promote her if she did not join the union, which he described as corrupt. Were the supervisor's actions legal? Explain.

Question 43

Perez owned the Lakehurst Milk Company. When he found out that his employees were going to form a union, Perez called a meeting to explain why he was opposed to unionizing Lakehurst. Foster, an employee at Lakehurst, said Perez could not call such a meeting. Was Foster correct? Why or why not?

Question 44

Big Union tells nonunion employees that unless they join the union, Big will make sure that they do not work. Big Union in fact tells Small Co. that it could avoid "a lot of problems" if it just refused to promote or grant wage increases to nonunion workers. Discuss this situation.

Question 45

Jo testifies before the NRLB about the unfair labor practices of Large Co. Large Co. transfers Jo from its plant in Cleveland, Ohio to its plant in Fairbanks, Alaska against her wishes. Discuss the legal aspects of this situation.

Question 46

The NLRB makes a rule which allows it to investigate, hold hearings, and issue judgments. Big Co. believes this violates numerous basic U.S. Constitutional provisions, including the separation of powers between branches of government. Big Co. wants to challenge the NLRB in court. Discuss the appeals procedure.

Question 47

Just unionized, Medium Co. has named Erica as its chief negotiator with Large Union in obtaining a contract. Erica wonders what topics are mandatory subjects of collective bargaining. Discuss.

Question 48

Tom is an official of Large Co., a mining company. Tom is paid by Large Co. to be the company spy in union meetings and make reports about the inner workings of the union. Discuss the legal aspects of this situation.

Question 49

Tom and Cindy are discussing what it means to have a "right-to-work law." Tom says that it means to have no discrimination in employment. Cindy says it means that everyone has a right to unemployment benefits until they find a job that fits their skills and experience. Discuss the accuracy of these comments.

Question 50

Xavier owned and operated the Xavier Paper Products Corporation. Xavier discovered that one of his employees planned to hold a meeting in order to discuss the possibility of forming a union. Xavier placed a notice on the bulletin board in each store warning employees that any employee who joined a union would be subject to immediate dismissal. Did such a notice violate federal law? Explain.