Flashcards in Labor Law Deck (40):
True/False: A fundamental aim of the National Labor Relations Act is the establishment of industrial peace and the preservation of the flow of commerce.
True/False: The five members of the National Labor Relations Board are appointed by the President.
True/False: A “hot cargo” clause, prohibiting an employer from doing business with a specified company, is illegal.
True/False: The National Labor Relations Act guarantees employees the right to join unions.
True/False: Valley Mart told its employees that they would be fired if they actively supported a unionizing effort. Valley Mart has committed an unfair labor practice.
True/False: If employees wish to organize a union, the employer is prohibited from distributing written notices to employees stating it is opposed to union activity within the company.
True/False: At one point in American history, American courts regarded any coordinated effort by workers as a criminal conspiracy, and courts convicted workers merely for the act of joining together, even if no strike took place.
True/False: The management of Northeastern Manufacturing may not close one of its manufacturing plants without bargaining that issue with the union if its workers are represented by a collective bargaining unit.
True/False: A closed shop means the employer must hire only union members. Federal law expressly allows closed shops.
True/False: Union members earn, on average, $200 more per week than non-union members.
True/False: The union representing workers at Blue Ridge Co. were unable to reach a collective bargaining agreement with management. The union may legally stage a strike in which members stop working but remain at their job posts, physically blocking replacement workers from taking their places, so the strike is more effective.
True/False: Joan was unhappy with her union's decision not to file a grievance. Consequently, she publicly criticized the union officials. Since Joan went public with her complaint, the union can discipline her.
True/False: The management and union at TriColor have bargained for two years without reaching an agreement. After notifying the union, TriColor prohibited the workers from entering the factory to work. This is a lockout.
True/False: The workers at Thom Trucking went on strike over wages. Thom Trucking may hire permanent replacement workers.
True/False: The NLRA requires the union and the employer to reach an agreement through good-faith collective bargaining.
In 1932, Congress passed what legislation prohibiting federal court injunctions in nonviolent labor disputes, thereby declaring that workers should be permitted to organize unions and use their collective power to achieve legitimate economic ends?
The Norris-LaGuardia Act.
Which of the following are tasks of the National Labor Relations Board?
a.) To adjudicate claims that an employer has committed an unfair labor practice.
b.) To adjudicate claims that a union has committed an unfair labor practice.
c.) To decide whether a particular union is entitled to represent a group of employees.
d.) All the above are tasks of the National Labor Relations Board.
Which of the following is an unfair labor practice for a union?
To encourage an employer to discriminate against a particular employee because of a union dispute.
Stacy believes her rights as a union worker have been violated by her employer. If the specific rights are addressed by both state and federal law:
the federal law will apply.
The landmark federal labor statute that requires financial disclosures by union leadership and guarantees union members free speech and fair elections is the:
Labor-Management Reporting and Disclosure Act.
All of the following might be in the same collective bargaining unit except:
a.) secretarial workers.
b.) clerical workers.
c.) the executive secretary.
d.) the department manager.
e.) Both c and d.
Ron and several fellow workers of Vicy, Inc., a small manufacturing company, wished to organize a union. When Vicy learned of this activity, it issued a bulletin to all workers stating that a union will only hurt the company and that "we are a family that can solve any problems ourselves -- we do not need union activists from outside our company trying to tell us what to do!" Which statement is correct?
The employees have the right to organize a union, regardless of Vicy's status.
Ron and several fellow workers of Vicy, Inc., a small manufacturing company, wished to organize a union. When Vicy learned of this activity, it issued a bulletin to all workers stating that a union will only hurt the company and that "we are a family that can solve any problems ourselves -- we do not need union activists from outside our company trying to tell us what to do!" Which statement is correct concerning the bulletin issued by Vicy?
Vicy has not committed an unfair labor practice. An employer may vigorously present anti-union views to its employees.
Zoe, who works as a retail clerk, wishes to talk with her co-workers about organizing a union. Her employer threatens to fire her if she talks with other workers about union activity in the presence of customers while she is working. Does the employer have a legal right to make this threat to Zoe?
Exec-Pac, Inc. is extremely opposed to having its employees organize. The union attempting to organize a collective bargaining unit filed an unfair labor practices claim with the National Labor Relations Board (NLRB), alleging that Exec-Pac illegally interfered with its unionization drive. The NLRB, convinced that an election would be pointless, waived the requirement of an election and certified the union as the exclusive representative of Exec-Pac's workers. Which statement is correct?
The NLRB had to be convinced that the employer's interference with the union's attempt to organize the workers was outrageous.
Mega Corp is negotiating a collective bargaining agreement with a union. The company claims it is not financially able to pay the wage increase the union is demanding. Which statement is correct?
a.) The union has a legal right to inspect the financial records of the company to verify that the employer cannot pay the proposed wage increase.
b.) It is an unfair labor practice if the employer claims it cannot pay the higher wages but refuses to allow the union to inspect its financial records.
c.) Both of the above are correct.
An employer is in the process of negotiating a new contract with its union. During negotiations, the employer changed the workweek from a five-day, eight-hour-per-day week to a four-day, ten-hour-per-day week. Which statement is correct?
This is a violation of the National Labor Relations Act.
Kelly is upset with her supervisor and believes his conduct violates the terms of her union's collective bargaining agreement (CBA). The union filed a grievance on Kelly's behalf. Who will conduct the grievance hearing?
A member of the company's management team.
Jeremy was terminated by his employer for violating company rules. He challenged the termination by filing a grievance. Eventually, the matter went to arbitration and Jeremy's termination was ruled to have been improper. The employer filed a claim in court to have the arbitrator's ruling overturned since it claimed the facts clearly demonstrated Jeremy had violated the express rules of the company. The employer claimed that the arbitrator had ignored the obvious and had committed a serious mistake of fact. A court may refuse to enforce an arbitrator’s ruling if:
the court finds the ruling is contrary to public policy.
A union declares its workers are going on strike. The employer states the collective bargaining agreement is still in force for another eight months and that it contains a no-strike clause. The union claims the CBA's no-strike provision is not binding since new union leadership is in place. Which of the following statements is correct?
The union cannot strike because of the no-strike clause in the contract.
A company's collective bargaining agreement has expired and negotiations are underway for a new one. After one exhausting session, union leaders have decided management will not bargain in good faith. The union declares it will be going out on strike the following midnight if an agreement is not reached. The union:
must give the employer at least 60 days' notice before going out on strike.
A state law prohibits firefighters and school teachers from going out on strike. Though they are allowed to organize into collective bargaining units, state law prohibits them from striking. Such a state law:
A union declares it will be engaging in a partial strike whereby its employees will alternate between working for a period of time and then walking off the job for an indefinite time. Thus, employees may work for a few days or only a few hours before walking off the job again. The employer claims the union does not have the legal right to engage in a partial strike. Which statement is correct?
The employer is correct. The union must either strike or work—it cannot alternate between working and striking.
Employees of Mega Corp. have gone out on strike seeking better pay. Mega Corp. announces that if the union does not end the strike it will begin hiring replacement workers. Which statement is correct?
Mega Corp can hire replacement workers at any time during a strike.
Mega Corp. hired permanent replacement workers when its union went out on strike seeking better medical and retirement benefits. After the strike is over, Mega Corp.:
does not have to give the striking employees their jobs back since this was an economic strike.
are generally illegal.
Employees of Truan went on strike because Truan refused to bargain in good faith. After the strike, the striking workers are:
entitled to get their jobs back.
The duty of fair representation created by the NLRA and the LMRDA requires that:
a union represent all members impartially and in good faith.
The management and union representatives of Prime Manufacturing are bargaining a new CBA. Management:
may use a lockout if the parties have reached an impasse in their bargaining and management notifies the union before locking the employees out.