Question 1

For the purpose of increasing union support, it is not an unfair labor practice for a union to demand that an employer hire excess workers.

Accepted Answer

It is an unfair labor practice for a union to demand that an employer hire excess workers as it interferes with the employer's right to manage their workforce and could harm the company's financial stability.

Question 2

Because, to a substantial degree, the immigration debate concerns the employment environment, Congress enacted

Accepted Answer

Prohibiting employers from hiring illegal immigrants would help regulate the employment environment and address concerns related to immigration. The other choices do not directly address the issue of employment and immigration.

Question 3

To engage in collective bargaining in good faith is to negotiate with the belief that an agreement is possible.

Accepted Answer

Engaging in collective bargaining in good faith means negotiating with a commitment to reaching an agreement, even if there are differences and disagreements at the start. This approach involves active listening, a willingness to compromise, and an aim to find common ground to move forward.

Question 4

It is an unfair labor practice for an employer to fail to bargain with a union, even if the union loses the support of a majority of those it represents.

Accepted Answer

The answer of It is an unfair labor practice for...

Question 5

Once an employer and a union sit down at the conference table to engage in collective bargaining, they are obligated to reach an agreement.

Accepted Answer

While both parties have a legal obligation to bargain in good faith, there is no requirement for them to reach an agreement. If they are unable to come to a mutual agreement, either party may have the option to use economic weapons such as a strike or lockout.

Question 6

Analytic Data Inc. wants to hire Benazir, a noncitizen. A work visa is most likely to be set aside for a noncitizen if

Accepted Answer

The most common reason for a work visa to be granted to a noncitizen is if there is a shortage of qualified U.S. workers who can do the job. This is known as the "labor certification" process, which requires employers to demonstrate that they have attempted to recruit U.S. workers, but have been unable to find anyone who possesses the necessary qualifications. Ethnicity or work ethic are not typically considered factors in the visa application process.

Question 7

Once a union is elected by employees to serve as their representative, the employer's unilateral change in a term of employment most likely constitutes an unfair labor practice.

Accepted Answer

Once a union is elected, the employer is obligated to negotiate in good faith with the union over terms and conditions of employment. Unilaterally changing a term of employment without bargaining with the union would likely be considered interference with the employees' right to collective bargaining, and therefore an unfair labor practice.

Question 8

After a strike, regardless of the outcome, an employer must rehire economic strikers to fill workplace vacancies, but the strikers lose their seniority rights.

Accepted Answer

Employers are required to reinstate economic strikers to their former positions if vacancies exist, and they retain their seniority rights.

Question 9

It is not an unfair labor practice for a union to use its influence to cause an employer to discriminate against workers who refuse to join the union, because an employer could not otherwise be expected to favor pro-union workers.

Accepted Answer

It is an unfair labor practice for a union to use its influence to cause an employer to discriminate against workers who refuse to join the union. All workers should have equal opportunities and protections regardless of their union membership status.

Question 10

During collective bargaining, an employer cannot use a lockout to prevent employees from working even if the employer believes that a strike is imminent.

Accepted Answer

Employers can use a lockout as a bargaining tool to prevent employees from working if they believe a strike is imminent, as long as it is done in good faith and not in violation of labor laws.

Question 11

Berry Farm Inc. employs hundreds of seasonal and permanent workers, both skilled and unskilled, in three states. Under federal immigration law, Berry Farm can hire illegal immigrants

Accepted Answer

Federal immigration law prohibits the employment of illegal immigrants, so Berry Farm Inc. cannot hire them under any circumstances.

Question 12

With increasing industrialization, workers came to believe that to counter the power and freedom of employers, and to protect themselves, they needed to

Accepted Answer

As stated in the passage, workers believed they needed to "counter the power and freedom of employers" in order to protect themselves. The most effective way to do this is through collective bargaining, which requires organizing into unions.

Question 13

For a period of one year after certification, it is not an unfair labor practice for an employer to attack, and anti-union employees to repudiate, the union.

Accepted Answer

Under the National Labor Relations Act, it is considered an unfair labor practice for an employer to interfere with, restrain, or coerce employees in the exercise of their rights to organize and bargain collectively, including attacking or repudiating a certified union.

Question 14

Because good faith, during collective bargaining, is a matter of subjective intent, a party's actions cannot be used to indicate the party's good or bad faith.

Accepted Answer

Good faith during collective bargaining is not solely a matter of subjective intent. The actions of a party can be used to demonstrate whether they acted in good or bad faith during negotiations. This is known as the "totality of conduct" test.

Question 15

The certification of a union as the representative of all of the employees in a bargaining unit, under the National Labor Relations Act (NLRA), indicates that the NLRA embraces a policy of majority rule.

Accepted Answer

When a union is certified as the representative of all employees in a bargaining unit under the NLRA, it means that a majority of the employees in the unit voted in favor of union representation. This reflects the NLRA's policy of majority rule in determining whether a union should be recognized as the exclusive bargaining representative for a group of employees.

Question 16

Vehicle Assembly Inc. operates a plant near the border between the United States and Mexico. Due to the location, it would be easier for the company to employ noncitizens. In this circumstance, it is legal for a U.S. employer to

Accepted Answer

It is illegal for a U.S. employer to hire or recruit persons who are not authorized to work in the United States. It is also illegal to refer for a fee persons who are not authorized to work in the United States. All employees must have legal documentation that authorizes them to work in the United States, regardless of the location of the employer.

Question 17

Because a union may picket to coerce unionization, it is not an unfair labor practice for the employer to punish employees who engage in the picketing.

Accepted Answer

It is an unfair labor practice for an employer to punish employees who engage in picketing, regardless of whether the picketing is to coerce unionization. The right to engage in peaceful picketing is protected under the National Labor Relations Act.

Question 18

Nonunion workers, and non-striking union workers, do not have the right to cross a picket line of fellow workers engaged in a lawful strike.

Accepted Answer

Nonunion workers and non-striking union workers generally have the right to cross a picket line unless restricted by specific union rules or agreements.

Question 19

When workers must be laid off for economic reasons, the company can consider union participation as a criterion for deciding whom to fire.

Accepted Answer

Union participation cannot be used as a criterion for deciding whom to fire according to the National Labor Relations Act. It is considered as unfair labor practice.

Question 20

Because the certification of a union as a bargaining unit's representative binds all of the employees in the bargaining unit, the union must fairly represent all of members of the unit.

Accepted Answer

This is known as the duty of fair representation, which requires the union to represent all members of the bargaining unit fairly, impartially, and without discrimination. The union is responsible for negotiating and administering the collective bargaining agreement on behalf of all members, even those who do not support the union or did not vote in favor of union representation.

Quiz 22: Immigration and Labor Law