Question 1

The newly certified bargaining agent should be given a reasonable opportunity to fulfill its mandate by successfully negotiating a(n)_____ with the company.
A)contract
B)election procedure
C)collective bargaining agreement
D)affirmative action plan

Accepted Answer

A newly certified bargaining agent is typically tasked with negotiating a collective bargaining agreement with the company, which outlines the terms and conditions of employment for the workers they represent.

Question 2

According to the decision in O. E. Butterfield, Inc., when the eligibility of employees to vote is challenged, the NLRB holds that, in the case of both unfair labor practice strikes and economic strikes, the employer has the burden of proving that replacements hired during the strike are permanent employees in order for the replacements to be qualified to vote in a representation election.

Accepted Answer

In the decision of O. E. Butterfield, Inc., the National Labor Relations Board (NLRB) established that when the eligibility of employees to vote is challenged due to their status as replacements for strikers, the employer must prove that these replacements are permanent employees for them to be eligible to vote in a representation election. This applies to both unfair labor practice strikes and economic strikes, emphasizing the employer's responsibility to demonstrate the permanency of the replacement workers' employment status.

Question 3

Unfair labor practice strikers are not eligible to vote in any election held during the strike.

Accepted Answer

Unfair labor practice strikers retain their employee status and are eligible to vote in union representation elections held during the strike.

Question 4

The _____ added some protection for minority factions within the bargaining units.
A)Employee Free Choice Act
B)Taft-Hartley Act
C)National Labor Relation Act
D)Clayton Act

Accepted Answer

The Taft-Hartley Act added some protection for minority factions within the bargaining units.

Question 5

The Board requires that the parties in an election should refrain from formal campaigning for twenty-four hours prior to the election.

Accepted Answer

This rule is often implemented to ensure a period of reflection before voting, aiming to reduce last-minute campaigning pressure and allow voters to make informed decisions without immediate influence.

Question 6

An employer is entitled to file a petition only after one or more individuals or unions present that employer with a claim for recognition as the bargaining representative according to:
A)Section 9(c) (1) (B).
B)Section 9(c) (1) (A).
C)Section 9(c) (2) (A).
D)section 10(a) (1) (B).

Accepted Answer

Section 9(c)(1)(B) of the National Labor Relations Act (NLRA) specifies the conditions under which an employer can file a petition with the National Labor Relations Board (NLRB) concerning the representation of employees, including when one or more individuals or labor organizations present a claim to be the bargaining representative.

Question 7

In the event of a strike, the Board does not distinguish whether the employees are on an unfair labor practice strike or an economic strike.

Accepted Answer

The National Labor Relations Board (NLRB) does distinguish between an unfair labor practice strike and an economic strike, as the rights and protections for employees vary between the two types of strikes.

Question 8

Any dealings with individual unit employees must be in accordance with the collective bargaining agreement.

Accepted Answer

Collective bargaining agreements outline the rights, wages, benefits, and working conditions agreed upon between the employer and the union representing the employees. Any dealings with individual unit employees must respect these agreements to ensure fairness and legal compliance.

Question 9

Economic strikes are strikes over economic issues, such as grievances or a new contract.

Accepted Answer

Economic strikes are indeed strikes that occur over issues related to wages, benefits, working conditions, and other economic factors, typically during negotiations for a new contract or to address grievances.

Question 10

As the NLRB agent supervises the conduct of the election, no parties are entitled to have observers present during the voting.

Accepted Answer

Both the employer and the union are entitled to have observers present during the conduct of the election to ensure fairness and transparency.

Question 11

_____ of the NLRA requires that the union be designated or selected by a majority of the employees in order for the union to become the exclusive bargaining agent.
A)Section 8(a) (3)
B)Section 7
C)Section 2(3)
D)Section 9(a)

Accepted Answer

Section 9(a) of the National Labor Relations Act (NLRA) specifies that a union must be designated or selected by the majority of the employees in a bargaining unit to serve as the exclusive bargaining representative for the purposes of collective bargaining.

Question 12

The National Labor Relations Act (NLRA)requires that the method of determining the employees' choice of a bargaining representative is to hold a secret ballot election.

Accepted Answer

The NLRA allows for both secret ballot elections and voluntary recognition through card check, where a majority of employees sign authorization cards indicating their choice of a bargaining representative.

Question 13

Any employee, group of employees, or labor organization can file a petition seeking a representation election or a decertification election on behalf of the employees as a whole.

Accepted Answer

Both employees and labor organizations have the right to petition for a representation election to determine if employees wish to be represented by a union, or for a decertification election to remove an existing union as their representative. This process is overseen by the National Labor Relations Board (NLRB) in the United States.

Question 14

The bargaining unit should encompass all employees who share a community of interests regarding working conditions.

Accepted Answer

A bargaining unit is defined as a group of employees with a clear and identifiable community of interests in matters affecting their working conditions and terms of employment, such as wages, hours, and other conditions of employment, which makes it appropriate for them to bargain collectively.

Question 15

Section 9(C) (3)of the National Labor Relations Act provides that when a valid election has been held in a bargaining unit, no new election can be held for a twelve-month period for that unit or any subdivision of the unit.

Accepted Answer

Section 9(c)(3) of the National Labor Relations Act (NLRA) indeed stipulates that once a valid election has been conducted in a bargaining unit, another election cannot be held within a twelve-month period for that same unit or any subdivision thereof, to ensure stability in labor relations and bargaining representation.

Question 16

Under the NLRA, no petitions seeking a new representation or decertification election can be filed for bargaining unit of employees during the _____ period following the elections.
A)three- month
B)six-month
C)nine-month
D)twelve-month

Accepted Answer

Under the National Labor Relations Act (NLRA), no petitions seeking a new representation or decertification election can be filed for a bargaining unit of employees during the twelve-month period following the elections. This is to ensure stability and give the newly elected union or the outcome of the election a chance to take effect without immediate challenge.

Question 17

Employers are permitted to file a decertification petition.

Accepted Answer

Only employees or groups of employees can file a decertification petition, not employers. This process is used when employees wish to remove a union as their representative.

Question 18

Under the election bar rule, a written labor contract bars an election among the affected bargaining unit during the life of that bargaining agreement.

Accepted Answer

The answer of Under the election bar rule, a written...

Question 19

The decision of the regional director to dismiss the petition, if the Board agent finds some impediment to an election, is non-appealable.

Accepted Answer

The decision of the regional director to dismiss a petition due to an impediment to an election is typically subject to appeal to the National Labor Relations Board (NLRB).

Question 20

In San Miguel Hospital Corp. v. N.L.R.B., the D.C. Circuit Court of Appeals upheld the NLRB definition of a bargaining unit comprised of all the hospital's onsite professional and nonprofessional employees, except for guards and physicians.

Accepted Answer

The D.C. Circuit Court of Appeals upheld the NLRB's decision regarding the composition of the bargaining unit, excluding guards and physicians, as consistent with labor law principles.

Quiz 13: The Unionization Process

The newly certified bargaining agent should be given a reasonable opportunity to fulfill its mandate by successfully negotiating a(n) _____ with the company.