Question 1

Which of the following is an unfair labor practice for a union?

Accepted Answer

Encouraging an employer to discriminate against a particular employee because of a union dispute is an unfair labor practice by a union. Bargaining collectively and engaging in strikes or boycotts are legal and protected activities under the National Labor Relations Act.

Question 2

The NLRA requires the union and the employer to reach an agreement through good-faith collective bargaining.

Accepted Answer

False

Question 3

The National Labor Relations Act guarantees employees the right to join unions.

Accepted Answer

The National Labor Relations Act (also known as the Wagner Act) was passed in 1935 and guarantees employees the right to organize, join, and support labor unions without fear of retaliation or discrimination from their employers. Therefore, the statement is true.

Question 4

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.

Accepted Answer

Employers can communicate their stance on union activity, including opposition, as long as they do not engage in threats, coercion, or promises of benefits to influence employee decisions.

Question 5

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.

Accepted Answer

The answer of The management of Northeastern Manufacturing may not...

Question 6

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 legal offensive lockout.

Accepted Answer

A lockout is a legal defensive action taken by an employer in response to a strike or other concerted activity by employees. However, if the employer has engaged in good-faith bargaining and the union refuses to negotiate or reach an agreement, the employer may engage in an offensive lockout. In the given scenario, the management and union have bargained for two years without reaching an agreement, and after notifying the union, TriColor has prohibited the workers from entering the factory to work. Therefore, this is a legal offensive lockout.

Question 7

Which of the following is a task of the National Labor Relations Board?

Accepted Answer

The National Labor Relations Board is responsible for all of the above tasks. It is responsible for adjudicating claims of unfair labor practices by both employers and unions and for determining whether a particular union should represent a group of employees.

Question 8

The five members of the National Labor Relations Board are appointed by the U.S.President.

Accepted Answer

This is true according to the National Labor Relations Act, which established the NLRB and gives the power of appointment to the President of the United States.

Question 9

In the 1950s about 25 percent of the U.S.workforce belonged to a union.Today,only about 12.1 percent of all workers are union members.

Accepted Answer

This statement is true.

Question 10

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.

Accepted Answer

Joan's right to criticize her union is protected under labor laws, which generally protect employees' rights to speak out about union matters without fear of retaliation.

Question 11

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.

Accepted Answer

It is illegal for employers to threaten and intimidate employees who want to unionize, and doing so is considered an unfair labor practice under the National Labor Relations Act.

Question 12

The National Labor Relations Board (NLRB)found that Acey,Inc.illegally refused to give union members their jobs back after an unfair labor practices strike.The NLRB ordered the company to give the union members their jobs.Acey refused to comply with the NLRB order.The NLRB:

Accepted Answer

The NLRB must appeal to a federal court of appeals to enforce its order, as it does not have direct enforcement power.

Question 13

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?

Accepted Answer

The National Labor Relations Act (NLRA) guarantees employees the right to form and join unions, regardless of the size of the company or the opinions of the employer. It is illegal for employers to interfere with or intimidate employees in the exercise of this right. Therefore, even as a small business, Vicy cannot obtain an injunction to stop the unionizing drive. The statement in option A is incorrect because the size of the business does not affect the right of employees to organize. Option B is incorrect because the employer's subjective belief that the union will hurt the company is not sufficient grounds to prevent employees from organizing. Option C is incorrect because the involvement of union activists from outside the company does not affect the legality of the organizing effort.

Question 14

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.

Accepted Answer

It is not legal for workers to physically block replacement workers from taking their places during a strike. This is considered to be picketing, which is subject to many regulations and restrictions.

Question 15

The workers at Thom Trucking went on strike over wages.Thom Trucking may hire permanent replacement workers and,when the strike is over,Thom has no obligation to lay off the replacement workers to make room for the strikers.

Accepted Answer

This is true under US labor law. Thom Trucking is legally allowed to hire permanent replacement workers during a strike and has no obligation to lay them off when the strike is over. However, the strikers may have other legal protections and rights, such as the right to be reinstated in their positions if they go back to work when the strike is over.

Question 16

Managerial and confidential employees are generally excluded from bargaining units.

Accepted Answer

Managerial and confidential employees are excluded from bargaining units as they are seen as having management responsibilities or access to confidential information that may create a conflict of interest.

Question 17

A larger percent of private sector employees than government employees are union members.

Accepted Answer

In the United States, a larger percentage of government employees are union members compared to private sector employees.

Question 18

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?

Accepted Answer

The legislation Congress passed in 1932 that prohibited federal court injunctions in nonviolent labor disputes was the Norris-LaGuardia Act. This act declared that workers had the right to organize unions and use their collective power to achieve legitimate economic ends without fear of being restrained by injunctions from federal courts. The Sherman Act, National Labor Relations Act, and Labor-Management Relations Act were all pieces of legislation related to labor and employment, but did not specifically address the use of injunctions in labor disputes.

Question 19

A fundamental aim of the National Labor Relations Act,also known as the Norris-LaGuardia Act,is the establishment of industrial peace to preserve the flow of commerce.

Accepted Answer

The National Labor Relations Act (NLRA) and the Norris-LaGuardia Act are separate laws. The NLRA aims to protect workers' rights to organize and bargain collectively, while the Norris-LaGuardia Act restricts the power of federal courts to issue injunctions against nonviolent labor disputes.

Question 20

The Labor-Management Relations Act amended Section 8 of the NLRA to make certain practices by unions illegal unfair labor practices.

Accepted Answer

The Labor-Management Relations Act, also known as the Taft-Hartley Act, did indeed amend Section 8 of the NLRA to expand the definition of unfair labor practices to include certain actions by unions.

Quiz 17: Labor Law