Labor Relations

Question 1

Blocking-charge bar

Answer 1

used when there is a pending unfair labor practice (ULP) charge.

Question 2

Norris–La Guardia Act (1932)

Answer 2

Outlawed yellow-dog contracts, further restricted federal injunctions in order to protect the rights of workers to organize and strike.

Yellow-dog contracts were employer agreements as conditions of employment to prevent employee union participation. If at any time the employee violated the agreement it would be grounds for termination.

Question 3

Two basic approaches to negotiating in the collective bargaining process

Answer 3

Principled
Positional

Question 4

Positional Bargaining

Answer 4

A bargaining strategy represented by demands made on each side, usually starting out with extreme positions, with both sides conceding until a compromise is reached.

Question 5

Principled Bargaining

Answer 5

A strategy focused on solving a problem versus “winning. “The most common forms of principled bargaining are integrative and interest-based bargaining.

Question 6

LMRA / Taft-Hartley (1947)

Answer 6

Limited workers’ right to strike.
The LMRA also prohibited closed shops and allowed union shops only with the consent of a majority of employees.

Question 7

Four Basic Negotiating Strategies

Answer 7

Single-unit bargaining
Parallel bargaining
Multi-employer bargaining
Multi-unit bargaining

Question 8

Two types of FLSA employment

Answer 8

Enterprise and Individual

Enterprise is defined as a business with at least two employees that has sales exceeding $500,000 to schools, hospitals, or government agencies

Individual - basically everyone else

Question 9

Union Shop Clause

Answer 9

Requires that all employees join the union within a grace period that is specified by the contract but is no fewer than 30 days, or, in the construction industry, 7 days.

Question 10

Agency shop clause

Answer 10

Specifies that all employees must either join the union or pay union dues if they choose not to join the union

Question 11

Closed shop clause

Answer 11

Requires that all new hires be members of the union before they’re hired. The closed shop is illegal except in the construction industry.

Question 12

Maintenance of membership clause

Answer 12

Allows employees to choose whether to join the union, but once they join, they must remain members until the expiration of the contract. The employee must notify the union that they wish to discontinue membership within 30 days of the contract expiration.

Question 13

Deauthorization

Answer 13

The union will continue as your collective bargaining representative, but the union security clause will be nullified and you won’t be required to pay dues or fees to the union to remain employed.

Question 14

Decertification

Answer 14

Refers to the process where the National Labor Relations Board (NLRB) allows employees to call for a special election to get rid of the union as their “exclusive representative.”

Question 15

Contract Bar

Answer 15

An election for the contract period will be barred if a valid collective bargaining agreement (covering a period up to three years) exist.

Question 16

Organizational picketing

Answer 16

Picketing that is done by a union, in order to persuade the employer to accept the picketing union as the collective bargaining union.

Question 17

Recognitional picketing

Answer 17

Picketing to obtain the employer’s recognition of the union as the bargaining representative of its employees. Such picketing seeks to persuade or coerce an employer to recognize a union as the bargaining agent of his employees. The NLRA places a limit of 30 days on recognitional picketing, after which a petition for an election must be filed.

Question 18

Statutory Bar

Answer 18

A statutory bar is used when there has been a valid election during the previous 12-month period.

Question 19

Prior Petition Bar

Answer 19

When a union petitioning for election withdraws petition prior to the election, no elections will occur within 6 months