Question 1

Which of the following actions taken by union members is most likely to be condemned by the NLRB?

Accepted Answer

Although all of these actions are generally considered protected under the National Labor Relations Act (NLRA), holding election-day raffles could be viewed as coercive and potentially interfering with an employee's right to vote freely and without pressure. The NLRB has strict rules around election procedures and any actions that could be interpreted as interfering with the free choice of employees are likely to be condemned.

Question 2

In the Electromation case, the Supreme Court ruled that the employer-created work committees comprising both employees and managers that met to discuss working conditions were a violation of the ________.

Accepted Answer

The Electromation case involved an employer-created work committee that included both employees and managers, which met to discuss working conditions. The Supreme Court ruled that such committees were a violation of the National Labor Relations Act (NLRA), which gives employees the right to form and join unions and engage in collective bargaining. The Supreme Court held that these committees interfered with employees' NLRA rights by providing a forum for management to pre-empt or undermine union activity, and that such interference was unlawful. Therefore, option A is the correct answer.

Question 3

Which of the following statements is true regarding a labor-management team created to consider employment issues in a unionized organization?

Accepted Answer

The labor-management team should have more union members than management to ensure that employee perspectives are properly represented in discussions about employment issues. It is legal to create such a team in a unionized organization, but the union must be involved in the decision to create the team and in the selection of union members to serve on it.

Question 4

Unfair labor practices are certain actions taken by employers or unions that violate the ________.

Accepted Answer

Unfair labor practices violate the National Labor Relations Act, which protects the rights of employees to unionize and engage in collective bargaining. The other options listed do not relate to labor practices.

Question 5

With reference to the National Labor Relations Act, which of the following statements is true of the employees' right to solicit support for a union?

Accepted Answer

Employers in retail businesses can prohibit union solicitation by employees in areas where the public is invited, as it may interfere with business operations and customer interactions.

Question 6

With reference to union activities, a "salt" is ________.

Accepted Answer

A "salt" is a paid union organizer who secures a job in a workplace in order to organize a union. Salts are often used in union campaigns to gain access to employees and persuade them to join the union. They are controversial because they are seen as deceptive and manipulative by some, while others view them as a legitimate tool for union organizing.

Question 7

Which of the following actions by an employer is most likely to be considered a violation of the NLRA?

Accepted Answer

Providing financial support to a union is most likely to be considered a violation of the NLRA as it can be seen as interference with employees' right to choose whether or not to be represented by a union. The other actions listed may not necessarily violate the NLRA, depending on the circumstances.

Question 8

The primary objective of the NLRA is to ________.

Accepted Answer

The NLRA (National Labor Relations Act) was enacted in 1935 and its primary objective is to encourage and protect the rights of employees to engage in collective bargaining and to form and join unions. This includes protecting their rights to organize, strike, and engage in other concerted activities to improve their wages, hours, and working conditions. The other options mentioned are not the primary objective of the NLRA.

Question 9

An employer can implement a no-solicitation policy for employees during both work and nonwork hours if that policy ________.

Accepted Answer

An employer can implement a no-solicitation policy for employees during both work and nonwork hours if that policy extends to all types of solicitation, not just union solicitation. This type of policy should be clearly communicated to all employees and enforced consistently to avoid discrimination claims. While a union's approval may be beneficial in implementing the policy, it is not required. Allowing the distribution of union literature at the workplace would conflict with the no-solicitation policy, and therefore, is not a valid choice.

Question 10

Which of the following terms refers to any action by employees to legitimately further their common interests pursued on behalf of or with other employees, and not solely by and on behalf of an individual?

Accepted Answer

The term "concerted activity" refers to collective action taken by employees to promote their common interests, such as forming a union or negotiating with management for better wages and working conditions. This differs from individual action, which is pursued solely by and on behalf of the individual. Option B, intrinsic activity, refers to behavior that is motivated by internal factors, such as personal satisfaction or enjoyment, rather than external rewards or pressure from others. Option C, displacement activity, refers to behavior that is performed to relieve stress or tension rather than to accomplish a specific goal. Option D, correlation activity, is not a recognized term in relation to employee actions.

Question 11

Which of the following activities related to organizing a bargaining unit is an unfair labor practice?

Accepted Answer

Employers cannot prohibit employees from distributing union materials in nonworking areas during nonworking time, as this is considered an unfair labor practice under labor laws.

Question 12

A long-standing NLRB precedent provides that an employer who entertains a good-faith reasonable doubt whether a majority of its employees support an incumbent union can ________.

Accepted Answer

According to the long-standing NLRB precedent, if an employer has a good-faith reasonable doubt whether a majority of its employees support an incumbent union, the employer can request a formal board-supervised election to determine the union's continued representation. This is known as the "RM" or "RM election" process. The other options listed (B, C, and D) are not valid actions that an employer can take in this situation under NLRB rules and precedent.

Question 13

The 24-hour rule prohibits ________ within 24 hours of a scheduled election.

Accepted Answer

The 24-hour rule prohibits organizational campaign speeches on company time within 24 hours of a scheduled election. This is to prevent the company from influencing or swaying the votes of its employees in favor of a particular candidate or outcome. The distribution of union material, access to employees by union representatives, and surveillance of union members are not specifically prohibited by the 24-hour rule.

Question 14

With reference to union solicitation, which of the following employer actions is considered an unfair labor practice?

Accepted Answer

An employer cannot selectively prohibit union solicitation material on its bulletin boards if it allows other types of materials to be posted, as this would be considered discriminatory and an unfair labor practice under the National Labor Relations Act (NLRA).

Question 15

Which of the following terms refers to the employer's conduct that is not motivated, or at least not entirely motivated, by legitimate and substantial business reasons, but by a desire to penalize or reward employees for union activity or lack of it?

Accepted Answer

Antiunion animus refers to the employer's conduct that is not motivated by legitimate business reasons, but by a desire to penalize or reward employees for union activity or lack of it.

Question 16

The NRLB protects the right of employees to distribute union literature ________.

Accepted Answer

The answer of The NRLB protects the right of employees...

Question 17

In a ________ discrimination case, the employer puts forth only the legitimate business reason, but the complainant asserts that the prohibited reason is the true cause for the action.

Accepted Answer

This scenario is known as a pretext discrimination case, where the employer presents a legitimate business reason for their actions, but the complainant argues that it is only a cover-up for the real discriminatory reason. A dual-motive case involves a situation where both a lawful and an unlawful basis motivate the employer's decision, while a systematic case involves a pattern or practice of discrimination. A two-point case is not a recognized term in discrimination law.

Question 18

Which of the following activities related to election campaigning is a fair labor practice?

Accepted Answer

Communicating general views about possible economic consequences of unionization is a fair labor practice, as it falls under employees' rights to engage in protected concerted activity under the National Labor Relations Act. The other options are unfair labor practices that violate election laws and jeopardize a fair and free voting process.

Question 19

Under which of the following circumstances is the NLRB most likely to overturn a representation election?

Accepted Answer

The NLRB (National Labor Relations Board) is likely to overturn a representation election if there is evidence of coercion or threats against employees, such as when an employee who does not support the union is threatened by a union organizer. This undermines the fairness and free choice that are essential for a legitimate election process.

Question 20

________ in any form has been held a violation of the unfair labor practices section of the National Labor Relations Act.

Accepted Answer

The answer of ________ in any form has been held...

Quiz 10: Unfair Labor Practices and Contract Enforcement