CH-15 Labor Relations and Collective Bargaining – Human Resource Management : Exam Guide

Chapter 15 Labor Relations and Collective Bargaining 1) About ________% of people working in the United States belong to unions. A) 5 B) 12 C) 20 D) 34 Answer: B Explanation: B) About 14.7 million U.S. workers belong to unions—around 11.9% of the total number of men and women working in this country. 2) Costco is primarily known as "the anti-Walmart" because the firm ________. A) negotiates contracts with unions B) pays above the minimum wage C) offers employees health benefits D) refuses to accept union contracts Answer: A Explanation: A) Some people call Costco "The Anti-Walmart," partly because of how Costco treats its workers and unions. When California grocery store workers picketed several chains a few years ago, "Costco Wholesale Corp. avoided the fray, quietly renegotiating a separate contract with its union employees there." In contrast, Walmart is famously anti-union. 3) Which of the following best explains why union membership has fallen since the 1970s? A) Legislation provides workers with protections that were once exclusive to unions. B) Union members earn less on average compared to non-union members. C) Union membership is too expensive for most blue collar workers. D) Foreign-owned manufacturers will not hire union members. E) Unions are considered largely ineffectual. Answer: A Explanation: A) Union membership has fallen since the 1970s. Reasons include the shift from manufacturing to service jobs, and new legislation (such as occupational safety laws) provides the sorts of protections that workers could once only obtain from their unions. 4) Which of the following is most likely a false statement about union membership? A) Union members work in both blue-collar and white-collar industries. B) Insurance plan benefits are better for union workers than for nonunion workers. C) Union workers receive more holidays and unpaid leave than nonunion workers do. D) Employers prefer nonunion workers, so they pay them higher wages than union members. Answer: D Explanation: D) Recent median weekly wages for union workers was $917, while that for nonunion workers was $717. Union workers also generally receive significantly more holidays, sick leave, unpaid leave, insurance plan benefits, long-term disability benefits, and various other benefits than nonunion workers do. Union membership is not exclusive to blue-collar workers. 5) Which of the following best describes the closed shop form of union security? A) A company can hire nonunion people if they agree to join the union. B) Union members receive higher wages than nonunion employees. C) Union members receive preferential treatment in hiring. D) A company can hire only union members. Answer: D Explanation: D) Under the closed shop form of union security, the company can hire only current union members. Congress outlawed closed shops in interstate commerce in 1947, but they still exist in some states for particular industries (such as printing). They account for fewer than 5% of union contracts. 6) The ________ form of union security means that the company can hire only union members. A) closed shop B) union shop C) agency shop D) preferential shop Answer: A Explanation: A) Under the closed shop form of union security, the company can hire only current union members. Congress outlawed closed shops in interstate commerce in 1947, but they still exist in some states for particular industries. 7) Which type of union security was outlawed in 1947? A) agency shop B) closed shop C) union shop D) maintenance of membership Answer: B Explanation: B) Under the closed shop form of union security, the company can hire only current union members. Congress outlawed closed shops in interstate commerce in 1947, but they still exist in some states for particular industries. 8) Which type of union security accounts for almost three-fourths of union contracts? A) maintenance of membership B) closed shop C) union shop D) agency shop Answer: C Explanation: C) The union shop accounts for about 73% of union contracts. Closed shop and maintenance of membership both account for less than 5% of all contracts. 9) The ________ form of union security means that the company can hire nonunion people, but those people must join the union within a prescribed period of time and pay dues. A) closed shop B) union shop C) agency shop D) open shop Answer: B Explanation: B) With the union shop, the company can hire nonunion people, but they must join the union after a prescribed period and pay dues. Under the closed shop form of union security, the company can hire only current union members. 10) Which form of union security requires employees who do not belong to the union to pay union dues on the assumption that the union's efforts benefit all workers? A) union shop B) agency shop C) open shop D) maintenance of agreement Answer: B Explanation: B) With the agency shop, employees who do not belong to the union still must pay the union an amount equal to union dues on the assumption that the union's efforts benefit all the workers. 11) Which of the following best defines the preferential shop form of union security? A) A company can hire nonunion people, but they must then join the union. B) Union members must maintain membership for the contract period. C) Employees who do not belong to the union must still pay dues. D) A company gives hiring advantages to union members. Answer: D Explanation: D) With preferential shop, union members receive preference in hiring. With the agency shop, employees who do not belong to the union still must pay the union an amount equal to union dues. 12) With the maintenance of membership arrangement of union security, how long must union members employed by a firm maintain union membership? A) until the union disbands B) until negotiations are over C) for the contract period D) for at least one year Answer: C Explanation: C) With the maintenance of membership arrangement, employees do not have to belong to the union. However, union members employed by the firm must maintain membership in the union for the contract period. 13) The term ________ describes statutory or constitutional provisions banning the requirement of union membership as a condition of employment. A) termination at will B) right to work C) open shop D) free labor Answer: B Explanation: B) Right to work is a term used to describe state statutory or constitutional provisions banning the requirement of union membership as a condition of employment. Right to work laws don't outlaw unions, but they do outlaw any form of union security. 14) Right to work laws inhibit union formation by ________. A) banning any form of union security B) making union membership a requirement C) leaving the question of union affiliation up to each company D) leaving the question of union security up to each company Answer: A Explanation: A) Right-to-work laws don't outlaw unions. They do outlaw (within those states) any form of union security. Right to work is a term used to describe state statutory or constitutional provisions banning the requirement of union membership as a condition of employment. 15) In which human resource activity does a typical labor agreement NOT give the union a role? A) recruitment B) selection C) dismissal D) appraisals Answer: D Explanation: D) The typical labor agreement also gives the union a role in other human resource activities, including recruiting, selecting, compensating, promoting, training, and discharging employees. Unions typically play no role in performance appraisals. 16) Which of the following best describes the AFL-CIO? A) voluntary federation of national and international labor unions B) local union for automobile workers in Detroit, Michigan C) federation of firms that fight unionization in their plants D) regional branch of the National Labor Relations Board Answer: A Explanation: A) The American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) is a voluntary federation of about 56 national and international labor unions in the United States. 17) Which of the following best describes a "yellow dog" contract? A) As a condition of employment, an employee agrees not to picket. B) Employers agree to give union members preference in hiring. C) As a condition of employment, an employee agrees to not join a union. D) Employers agree to abide by the guidelines of the local labor unions. Answer: C Explanation: C) "Yellow dog" contracts, whereby management could require nonunion membership as a condition for employment, were widely enforced. 18) Prior to 1930, employers attempted to limit the influence of unions using all of the following methods EXCEPT ________. A) spying on workers B) firing union agitators C) requiring yellow dog contracts D) engaging in collective bargaining Answer: D Explanation: D) Until about 1930, there were no special labor laws. Employers were not required to engage in collective bargaining with employees and were virtually unrestrained in their behavior toward unions; the use of spies and firing of union agitators were widespread. "Yellow dog" contracts were widely enforced. 19) Which of the following guaranteed each employee the right to bargain collectively without interference, restraint, or coercion? A) National Labor Relations Act B) Norris-LaGuardia Act C) Davis-Bacon Act D) Taft-Hartley Act Answer: B Explanation: B) The Norris-LaGuardia Act of 1932 guaranteed to each employee the right to bargain collectively "free from interference, restraint, or coercion." The National Labor Relations Act added on to Norris-LaGuardia by banning certain unfair labor practices. 20) Which of the following bans five unfair labor practices and provides for majority rule and secret ballot elections? A) Landrum-Griffin Act B) Norris-LaGuardia Act C) Taft-Hartley Act D) Wagner Act Answer: D Explanation: D) Congress passed the National Labor Relations (or Wagner) Act to add teeth to Norris-LaGuardia. It did this by banning certain unfair labor practices and by providing for secret-ballot elections and majority rule for determining whether a firm's employees would unionize. 21) Which of the following was established by the Wagner Act? A) Labor Management Relations Board B) National Labor Relations Board C) Knights of Labor D) AFL-CIO Answer: B Explanation: B) The Wagner Act created the National Labor Relations Board to enforce the provisions of the act. 22) Which of the following was passed in 1935 to amend the Norris -LaGuardia Act? A) Taft-Hartley Act B) New Deal Act C) Wagner Act D) Landrum-Griffin Act Answer: C Explanation: C) In 1935, Congress passed the National Labor Relations (or Wagner) Act to add teeth to Norris-LaGuardia. It did this by (1) banning certain unfair labor practices, (2) providing for secret-ballot elections and majority rule for determining whether a firm's employees would unionize, and (3) creating the National Labor Relations Board. 23) Which of the following best describes the purpose of the Wagner Act? A) guaranteeing each employee the right to bargain collectively free from interference and coercion B) banning unions from preventing employees from exercising their guaranteed bargaining rights C) allowing secret-ballot elections for determining whether a firm's employees would unionize D) making it illegal for a union to refuse to bargain in god faith with the employer Answer: C Explanation: C) In 1935, Congress passed the National Labor Relations (or Wagner) Act to add teeth to Norris-LaGuardia. It did this by (1) banning certain unfair labor practices, (2) providing for secret-ballot elections and majority rule for determining whether a firm's employees would unionize, and (3) creating the National Labor Relations Board. 24) The National Labor Relations Board was primarily established for the purpose of ________. A) establishing branches in right-to-work states B) negotiating contracts on behalf of local unions C) investigating unfair labor practice charges D) overseeing the establishment of local unions Answer: C Explanation: C) The National Labor Relations Board (NLRB) was created by the Wagner Act to investigate unfair labor practice charges and to provide for secret-ballot elections and majority rule in determining whether or not a firm's employees want a union. 25) Which of the following was NOT designated an unfair labor practice by the Wagner Act? A) bribing employees B) using company spy systems C) requiring yellow dog contracts D) moving businesses to avoid unionization Answer: C Explanation: C) Yellow-dog contracts were deemed unenforceable under the Norris-LaGuardia Act. The Wagner Act deemed it unfair to bribe employees, use company spy systems, move a business to avoid unionization, and black-list union sympathizers. 26) Which of the following is the most likely reason for the passage of the Taft-Hartley Act? A) high unemployment rates B) significant economic boom C) major shifts in the workforce D) numerous union strikes Answer: D Explanation: D) Largely because of a series of massive postwar strikes, public policy began to shift against what many viewed as union excesses. Passage of the Taft-Hartley Act occurred to limit the power of unions. 27) The Taft-Hartley Act amended the Wagner Act in all of the following ways EXCEPT by ________. A) prohibiting unfair labor practices B) enumerating the rights of employers C) limiting the power of the National Labor Review Board D) allowing the U.S. President to bar national emergency strikes Answer: C Explanation: C) The Taft-Hartley Act did not alter the power of the NLRB. The law prohibited unfair labor practices, enumerated the rights of employers and employees, and allowed the President to bar national emergency strikes on a temporary basis. 28) Which of the following terms refers to an unfair labor practice in which a union requires an employer to pay an employee for services not performed? A) coercing B) padding C) ballooning D) featherbedding Answer: D Explanation: D) It is an unfair labor practice for a union to engage in featherbedding. Featherbedding involves requiring an employer to pay an employee for services not performed. 29) The Taft-Hartley Act prohibits all of the following union labor practices EXCEPT ________. A) forcing an employer to fire a worker for failing to attend union meetings B) refusing to bargain in good faith with an employer about wages and hours C) restraining or coercing employees from exercising their guaranteed bargaining rights D) demanding an employer to fire a worker who fails to pay union dues in a closed shop Answer: D Explanation: D) Where a closed or union shop prevails (and union membership is therefore a prerequisite to employment), the union may demand the discharge of someone who fails to pay his or her initiation fees and dues. The other actions are considered unfair union labor practices under the Taft-Hartley Act. 30) You are a manager at a manufacturing facility, and you tell your subordinates that unions are dangerous to the economy. Which law protects your right to express these views? A) Wagner Act B) Taft-Hartley Act C) Norris-LaGuardia Act D) Landrum-Griffin Act Answer: B Explanation: B) The Taft-Hartley Act explicitly gave employers certain rights, such as expressing their views concerning union organization. 31) Which law sought to protect union members from possible wrongdoing on the part of their unions? A) Norris-LaGuardia Act B) Taft-Hartley Act C) Wagner Act D) Landrum-Griffin Act Answer: D Explanation: D) The Landrum-Griffin Act of 1959 was intended to protect union members from possible wrongdoing on the part of their unions. 32) According to the Landrum-Griffin Act, national and international unions must elect officers at least once every ________ years. A) two B) three C) four D) five Answer: D Explanation: D) The Landrum-Griffin Act laid out rules regarding union elections. For example, national and international unions must elect officers at least once every 5 years, using some type of secret-ballot mechanism. 33) What is the first step in the union drive process? A) obtaining authorization cards from employees B) making initial contact with employees C) holding an initial organization hearing D) campaigning for employee votes Answer: B Explanation: B) During the initial contact stage, the union determines the employees' interest in organizing, and establishes an organizing committee. The initiative for the first contact between the employees and the union may come from the employees, from a union already representing other employees of the firm, or from a union representing workers elsewhere. Obtaining authorization cards, holding hearings, and campaigning for election votes occur later in the process. 34) Which of the following is a union organizing tactic by which union members are placed on nonunion job sites? A) featherbedding B) union salting C) logrolling D) picketing Answer: B Explanation: B) The National Labor Relations Board defines union salting as "placing of union members on nonunion job sites for the purpose of organizing." Featherbedding involves requiring an employer to pay an employee for services not performed. 35) What percentage of eligible employees in a bargaining unit must sign authorization cards in order for the union to petition the NLRB for an election? A) 20 B) 30 C) 40 D) 50 Answer: B Explanation: B) Thirty percent of the eligible employees in an appropriate bargaining unit must sign before the union can petition the NLRB for an election. 36) Union authorization cards serve all of the following functions EXCEPT ________. A) subjecting the employee to union rules B) stating that the employee has applied for membership C) enabling employers to modify employment conditions D) designating the union as a bargaining representative Answer: C Explanation: C) Union authorization cards authorize the union to seek a representation election and designate the union as a bargaining representative. They state that the employee has applied to join the union and is subject to union rules. The cards do not permit employers to modify employment conditions. 37) Hyper-Tech Enterprises manufactures mechanical parts used in air conditioning and heating units. The company employs over 300 workers at its Alabama facility. None of the Hyper-Tech employees belong to a union; however, management believes that unionization is in the near future. A representative of a local union has recently visited Hyper-Tech in an attempt to solicit members and have them sign authorization cards. Enough eligible employees have signed authorization cards to petition the NLRB for an election. Hyper-Tech's top executives are considering fighting the unionization efforts. Which of the following questions is LEAST relevant to the decision by Hyper-Tech to fight unionization efforts? A) How many Hyper-Tech employees were hired within the last year? B) What percentage of Hyper-Tech employees signed authorization cards? C) What is the opinion of Hyper-Tech's shareholders and creditors regarding unionization? D) What are the laws regarding what Hyper-Tech managers can and cannot do during a campaign? Answer: A Explanation: A) The number of newly hired employees is least relevant to the firm's decision to fight unionization. The number of employees who have signed authorization cards, the opinion of stakeholders, and labor laws are more relevant to the decision. 38) Hyper-Tech Enterprises manufactures mechanical parts used in air conditioning and heating units. The company employs over 300 workers at its Alabama facility. None of the Hyper-Tech employees belong to a union; however, management believes that unionization is in the near future. A representative of a local union has recently visited Hyper-Tech in an attempt to solicit members and have them sign authorization cards. Enough eligible employees have signed authorization cards to petition the NLRB for an election. Hyper-Tech's top executives are considering fighting the unionization efforts. Which of the following, if true, best supports the argument that Hyper-Tech should contest the union's right to an election? A) Managers believe that they may have inadvertently hired union salts, who most likely instigated the unionization movement at Hyper-Tech. B) The process outlined at Hyper-Tech for filing employee grievances differs from the grievance procedures at other firms in the same industry. C) Hyper-Tech management believes that if employees are provided with additional information from the firm that they will revoke their authorization cards. D) Hyper-Tech managers will soon be conducting annual employee performance appraisals and determining what salary adjustments to make. Answer: C Explanation: C) If Hyper-Tech wants to contest the union's right, it can insist on a hearing to determine those issues. An employer's decision about whether to insist on a hearing is a strategic one. Management bases it on the facts of each case, and on whether it feels it needs more time to try to persuade employees not to elect a union. 39) Which of the following terms refers to the group of employees the union will be authorized to represent? A) bargaining unit B) mediating group C) negotiating team D) grievance committee Answer: A Explanation: A) The bargaining unit is the group of employees that the union will be authorized to represent and bargain for collectively. If the entire organization is the bargaining unit, the union will represent all nonsupervisory, nonmanagerial, and nonconfidential employees, even though the union may be oriented mostly toward blue collar workers. 40) The union becomes the employees' representative if it receives ________. A) a majority of the votes cast by the bargaining unit B) signed authorization cards from 30% of employees C) written approval from the employer D) a majority of the votes cast Answer: D Explanation: D) The union becomes the employees' representative if it wins the election, and winning means getting a majority of the votes cast, not a majority of the total workers in the bargaining unit. 41) Which of the following situations would most likely improve a union's chances of winning a certification election at Apex Enterprises? A) geographic area with low percentage of union workers B) high unemployment in the geographic area C) a large portion of workers voting D) small bargaining units Answer: D Explanation: D) Unions have a higher probability of success in geographic areas with a higher percentage of union workers. High unemployment seems to lead to poorer results for the union. The larger the bargaining unit, the smaller the probability of union victory. The more workers vote, the less likely a union victory. The Teamsters union is less likely to win an election. 42) All of the following increase the likelihood that an employer will lose an NLRB election EXCEPT ________. A) focusing primarily on wage and benefits issues B) appointing a committee to manage the campaign C) distributing employee need and attitude surveys D) delegating personnel relations issues to plant managers Answer: C Explanation: C) Employers tend to lose elections when they focus too much on wages and benefits, appoint uniformed committees to manage campaigns, and delegate union issues. Employers are more likely to win if they address the attitudes and concerns of all workers by sending out surveys and responding to their needs. 43) Hyper-Tech Enterprises manufactures mechanical parts used in air conditioning and heating units. The company employs over 300 workers at its Alabama facility. None of the Hyper-Tech employees belong to a union; however, management believes that unionization is in the near future. A representative of a local union has recently visited Hyper-Tech in an attempt to solicit members and have them sign authorization cards. Enough eligible employees have signed authorization cards to petition the NLRB for an election. Hyper-Tech's top executives are considering fighting the unionization efforts. Which of the following, if true, best supports the suggestion that Hyper-Tech will lose an NLRB election? A) Hyper-Tech recently distributed employee surveys that indicated overall job satisfaction. B) Hyper-Tech executives have decided that a committee should manage the campaign. C) Hyper-Tech managers have been told to share their opinions about unions with subordinates. D) Hyper-Tech managers have been told to avoid making promises to their subordinates. Answer: B Explanation: B) Forming a committee to manage a campaign is usually detrimental to firms because of the slow nature of committees in making decisions. Experts suggest giving full responsibility to a single, decisive executive. Sharing opinions about unions is acceptable. 44) Hyper-Tech Enterprises manufactures mechanical parts used in air conditioning and heating units. The company employs over 300 workers at its Alabama facility. None of the Hyper-Tech employees belong to a union; however, management believes that unionization is in the near future. A representative of a local union has recently visited Hyper-Tech in an attempt to solicit members and have them sign authorization cards. Enough eligible employees have signed authorization cards to petition the NLRB for an election. Hyper-Tech's top executives are considering fighting the unionization efforts. Which of the following, if true, supports the argument by the NLRB that Hyper-Tech has conducted unfair labor practices? A) Hyper-Tech managers prohibited union representatives from soliciting employees who were on duty. B) Hyper-Tech managers intervened when pro-union employees solicited other employees while both were on duty. C) Hyper-Tech managers barred nonemployee union representatives from entering the firm's building. D) Hyper-Tech managers prohibited distribution of union literature in the company cafeteria. Answer: D Explanation: D) The NLRB has ruled that the act of prohibiting distribution of the literature is an unfair labor practice. Most employers can bar nonemployees from the building's interiors and work areas as a right of private property owners. 45) ________ is the process of legally terminating a union's right to represent employees. A) Union salting B) Featherbedding C) Decertification D) Collective bargaining Answer: C Explanation: C) The same law that grants employees the right to unionize also gives them a way to terminate legally their union's right to represent them. The process is called decertification. 46) When representatives of Ford's management and autoworkers union meet to negotiate a labor agreement, which of the following is most likely occurring? A) certification B) union salting C) featherbedding D) collective bargaining Answer: D Explanation: D) Collective bargaining is the process through which representatives of management and the union meet to negotiate a labor agreement. 47) Which of the following is a characteristic of good faith bargaining? A) overlooking bargaining items B) making counterproposals C) bypassing the union representative D) imposing unreasonable conditions Answer: B Explanation: B) Good faith bargaining is characterized by both parties making every reasonable effort to arrive at an agreement. Proposals are matched with counterproposals in good faith bargaining. Overlooking bargaining items, bypassing union representatives, and imposing unreasonable conditions are actions indicating that bargaining is not in good faith. 48) Which of the following terms refers to items in collective bargaining over which bargaining is neither illegal nor mandatory? A) group bargaining items B) permissible bargaining items C) conditional bargaining items D) benefits-related bargaining items Answer: B Explanation: B) Voluntary (or permissible) bargaining items are neither mandatory nor illegal; they become a part of negotiations only through the joint agreement of both management and union. Neither party can compel the other to negotiate over voluntary items. 49) All of the following are examples of mandatory bargaining items EXCEPT ________. A) employee security B) profit-sharing plans C) indemnity bonds D) employee drug testing Answer: C Explanation: C) Mandatory bargaining items are items in collective bargaining that a party must bargain over if they are introduced by the other party, such as employee security, profit-sharing plans, and drug testing. Voluntary bargaining items, such as indemnity bonds, become a part of negotiations only through the joint agreement of both management and union. 50) All of the following are examples of permissible bargaining items EXCEPT ________. A) cafeteria prices B) severance pay C) scope of bargaining unit D) pension benefits for retired employees Answer: B Explanation: B) Mandatory bargaining items are items in collective bargaining that a party must bargain over if they are introduced by the other party, such as severance pay. Permissible bargaining items become a part of negotiations only through the joint agreement of both management and union. Cafeteria prices, the scope of the bargaining unit, and pension benefits are permissible bargaining items. 51) Which of the following is an illegal bargaining item? A) membership of bargaining team B) discriminatory treatment C) continuance of past contract D) employment of strikebreaker Answer: B Explanation: B) Illegal bargaining items are items in collective bargaining that are forbidden by law, such as discriminatory treatment. Bargaining team membership, contract continuances, and strikebreaker employment are permissible items. 52) Managers from Ford and representatives from United Auto Workers are in the first stage of collective bargaining over benefits and wages. Which of the following is most likely occurring? A) Subcommittees are forming to create alternatives. B) Each side is trading some of its demands. C) Each side is checking terms with superiors. D) Each side is presenting its demands. Answer: D Explanation: D) In the first stage of bargaining, each side presents its demands. At this stage, both parties are usually quite far apart on some issues. Forming subcommittees, trading demands, and checking terms are other steps in the bargaining process. 53) Which of the following terms refers to a collective bargaining situation that occurs when the parties are not able to move further toward settlement? A) impasse B) picketing C) arbitration D) wildcat strike Answer: A Explanation: A) In collective bargaining, an impasse occurs when the parties are not able to move further toward settlement. An impasse usually occurs because one party is demanding more than the other will offer. 54) Negotiators use all of the following types of third-party interventions to overcome an impasse EXCEPT ________. A) binding arbitration B) mediation C) fact finding D) picketing Answer: D Explanation: D) Negotiators use three types of third-party interventions to overcome an impasse: mediation, fact finding, and arbitration. Picketing is not a third-party intervention method. 55) Which third-party intervention uses a neutral third party to assist the principals in reaching agreement? A) fact finding B) mediation C) binding arbitration D) non-binding arbitration Answer: B Explanation: B) With mediation, a neutral third party tries to assist the principals in reaching agreement. The mediator usually holds meetings with each party to determine where each stands regarding its position, and then uses this information to find common ground for further bargaining. 56) Which intervention method listed below is the most definitive of all third-party interventions? A) fact finding B) mediation C) binding arbitration D) interest arbitration Answer: C Explanation: C) Arbitration is the most definitive type of third-party intervention, because the arbitrator often has the power to determine and dictate the settlement terms. Unlike mediation and fact finding, arbitration can guarantee a solution to an impasse. 57) Fact finding seeks to end an impasse by ________. A) assisting the principals in reaching an agreement B) studying the issues and making a public recommendation C) interpreting and analyzing existing contract terms D) communicating assessments of the likelihood of a strike Answer: B Explanation: B) A fact finder is a neutral party who studies the issues in a dispute and makes a public recommendation for a reasonable settlement. 58) The National Air Traffic Controllers Association and the Federal Aviation Administration have reached an impasse during collective bargaining. Which of the following will most likely be used to reach a settlement? A) fact finding B) mediation C) binding arbitration D) non-binding arbitration Answer: A Explanation: A) Presidential emergency fact-finding boards have successfully resolved impasses in certain critical transportation disputes. Mediation and arbitration are less likely to be used during this national emergency strike. 59) Which of the following terms refers to a strike that takes place when one union strikes in support of another union? A) wildcat strike B) economic strike C) bargaining strike D) sympathy strike Answer: D Explanation: D) A sympathy strike occurs when one union strikes in support of the strike of another union. A wildcat strike is an unauthorized strike occurring during the term of a contract. 60) A strike that results from a failure to agree on the terms of a contract, such as wages and benefits, is known as a(n) ________ strike. A) wildcat B) economic C) sympathy D) unfair labor practices Answer: B Explanation: B) An economic strike results from a failure to agree on the terms of a contract. Unions call unfair labor practice strikes to protest illegal conduct by the employer. A wildcat strike is an unauthorized strike occurring during the term of a contract. 61) Employers dealing with an unfair labor practice strike can use all of the following responses EXCEPT ________. A) shutting down the affected area until the strike ends B) continuing operations with supervisors filling in C) hiring temporary replacement workers D) hiring permanent replacement workers Answer: D Explanation: D) Employers cannot permanently replace strikers who are protesting unfair labor practices. Shutting down affected areas, having managers fill in, and hiring temporary workers are options in such a situation. 62) Union tactics designed to impede or disrupt production by encouraging employees to slow the pace of work, refuse to work overtime, and participate in sick-outs are called ________. A) inside games B) lockouts C) injunctions D) strikes Answer: A Explanation: A) Inside games are union efforts to convince employees to impede or to disrupt production, such as by slowing the work pace, refusing to work overtime, and filing mass charges with government agencies. Inside games are basically strikes in which the company continues to pay the employees. 63) Manning Enterprises is experiencing an impasse between management and labor. As a result, the union has made an organized effort to pressure Manning by picketing the homes of corporate directors and boycotting the firm's bank. Which of the following terms best describes the actions of Manning's union members? A) wildcat strike B) inside games C) corporate campaign D) employee lockout Answer: C Explanation: C) Management and labor each have other weapons to break an impasse and achieve their aims. The union, for example, may resort to a corporate campaign. A corporate campaign is an organized effort by the union that exerts pressure on the employer by pressuring the company's other unions, shareholders, corporate directors, customers, creditors, and government agencies. 64) Management and labor at Smithson Steel have reached an impasse during collective bargaining. As a result, Smithson management has refused to provide union workers with work shifts. Which of the following best describes Smithson's actions? A) lockout B) inside games C) illegal negotiation D) corporate campaign Answer: A Explanation: A) Employers can try to break an impasse with lockouts. A lockout is a refusal by the employer to provide opportunities to work. It (sometimes literally) locks out employees and prohibits them from doing their jobs (and being paid). 65) Which of the following terms refers to the formal process for addressing any factor involving wages, hours, or conditions of employment that is used as a complaint against the employer? A) collective bargaining B) court injunction C) grievance procedure D) arbitration method Answer: C Explanation: C) The grievance procedure provides an orderly system whereby both employer and union determine whether some action violated the contract. The grievance process allows both parties to interpret and give meaning to various clauses, and transforms the contract into a "living organism." 66) Jeff is a manager at a paper mill. He has received a grievance from a group of employees who are union members. The grievance claims that a plant rule barring employees from eating during unscheduled breaks is arbitrary and unfair. What should Jeff most likely do? A) Discuss the case privately with the union steward. B) Agree to make informal changes to the rules. C) Examine the grievants' personnel records. D) Make special arrangements with grievants. Answer: C Explanation: C) It is appropriate for Jeff to review the employees' personnel files. However, discussing the issue privately with the union steward, making informal rule changes, and making special arrangements are considered inappropriate methods for handling grievances. 67) All of the following most likely explain the decline in union membership EXCEPT ________. A) improved wages and benefits B) increased global competition C) technological improvements D) just-in-time production systems Answer: A Explanation: A) Increased global competition and new technologies like the Internet and just-in-time production systems forced employers to reduce inefficiencies and cut costs. Changes in salaries and wages are less likely to be a cause. 68) If passed, the Employee Free Choice Act would ________. A) ban union membership for federal employees B) allow mass union e-mails at the work place C) allow the formation of global unions D) institute a card check system Answer: D Explanation: D) Unions are pushing Congress to pass the Employee Free Choice Act. This would make it more difficult for employers to inhibit workers from organizing. Instead of secret-ballot elections, the act would institute a "card check" system. Here, the union would win recognition when a majority of workers signed authorization cards saying they want the union. 69) Vaughn Manufacturing develops and manufactures microphone components. Over the last few years, the firm has made numerous HR changes with the goal of becoming a high-performance work system. Vaughn employees work in self-directed teams, participate in regular training programs, and receive frequent performance appraisals. Vaughn executives want to make sure that the firm's new methods are not perceived as sham unions. Which of the following would most likely help Vaughn accomplish this goal? A) allowing employee teams to bargain over wages B) increasing committee supervision by managers C) electing employee representatives to committees D) involving employees in program formation Answer: D Explanation: D) Involving workers in the formation of participation programs will minimize the appearance of sham unions. Firms should not allow teams to bargain, overly supervise committee activities, or elect representatives. 70) What is the primary purpose of picketing? A) informing the public about a labor dispute B) increasing the likelihood of a lockout C) gathering sympathy from employers D) encouraging union certification Answer: A Explanation: A) Picketing is one of the first activities to occur during a strike. The purpose is to inform the public about the labor dispute. 71) Union membership is exclusive to blue-collar workers, such as those in the construction, manufacturing, and printing industries. Answer: False Explanation: Although many union members are blue-collar workers, unions are not exclusive to blue-collar industries. White-collar workers like doctors, psychologists, graduate teaching assistants, and government office workers belong to unions. 72) Weekly earnings of union members are much higher than those of nonunion workers. Answer: True Explanation: Recent median weekly wages for union workers was $781, while that for nonunion workers was $612.10. 73) All states give unions the right to require union membership as a condition of employment. Answer: False Explanation: Not all states give unions the right to require union membership as a condition of employment. 74) Right to work refers to state statutory or constitutional provisions banning the requirement of union membership as a condition of employment. Answer: True Explanation: Right to work is a term used to describe "state statutory or constitutional provisions banning the requirement of union membership as a condition of employment." Right-to-work laws don't outlaw union, but they do outlaw (within those states) any form of union security. 75) Right to work legislation outlaws unions and union membership in specific states. Answer: False Explanation: Right to work is a term used to describe "state statutory or constitutional provisions banning the requirement of union membership as a condition of employment." Right-to-work laws don't outlaw union, but they do outlaw (within those states) any form of union security. 76) The Change to Win Coalition was formed by several large unions that left the AFL-CIO due to concerns that the AFL-CIO was not aggressively organizing workers. Answer: True Explanation: Several years ago, six big unions left the AFL-CIO and established their own federation, called the Change to Win Coalition. Change to Win plans to be more aggressive about organizing workers than they say the AFL-CIO was. 77) The Taft-Hartley Act amended the National Labor Relations Act by prohibiting unfair union labor practices and specifying the rights of both employers and employees. Answer: True Explanation: The Taft-Hartley Act of 1947 reflected the public's less enthusiastic attitude toward unions. It amended the National Labor Relations Act by limiting unions in four ways: (1) prohibiting unfair union labor practices, (2) enumerating the rights of employees as union members, (3) enumerating the rights of employers, and (4) allowing the President of the United States to bar temporarily national emergency strikes. 78) The Landrum-Griffin Act of 1932 encouraged union activity by guaranteeing each employee the right to bargain collectively without interference, restraint, or coercion. Answer: False Explanation: The Norris-LaGuardia Act of 1932 guaranteed to each employee the right to bargain collectively "free from interference, restraint, or coercion." The Landrum-Griffin Act of 1959 protected union members from possible wrongdoing on the part of their unions. 79) It is legal for union organizers to solicit employees for membership as long as the effort does not endanger the performance or safety of the employees. Answer: True Explanation: The union must follow certain rules when it starts contacting employees. The law allows organizers to solicit employees for membership as long as the effort doesn't endanger the performance or safety of the employees. 80) It is acceptable for an employer to refuse to hire union members even if they are qualified for the position because they might be union salts. Answer: False Explanation: Managers need to know who they are hiring. However, not hiring someone simply because, as a member of the local union, he or she might be pro-union or a union salt would be discriminatory. 81) As a manager, you are legally prohibited from discussing union membership with employees and from distributing information regarding how employees can revoke their cards. Answer: False Explanation: The NLRB ruled an employer might lawfully inform employees of their right to revoke their authorization cards, even when employees have not asked for such information. The employer can also distribute pamphlets that explain just how employees can revoke their cards. 82) Most employers decide to contest the union's right to represent their employees. Answer: True Explanation: Most companies do contest the union's right to represent their employees, claiming that a significant number of them don't really want the union. 83) In the majority of NLRB elections, the employer loses because top management fails to focus enough attention on money and benefits. Answer: False Explanation: In 54% of the elections studied, the company lost because top management concentrated on the wrong issues: money and benefits. Experts claim that employees may want more money, but quite often, if they feel the company treats them fairly, decently, and honestly, they are satisfied with reasonable, competitive rates and benefits. 84) A union campaign during an NLRB election will usually focus on issues such as respect, dignity, and fairness, in addition to job security. Answer: True Explanation: There will be an emphasis during the organizing campaign on issues such as respect, dignity, and fairness, not just traditional bread-and-butter issues like wages, benefits, and job security. 85) During an NLRB election, HR managers should help their firm by becoming closely involved in the details of the election. Answer: False Explanation: Avoid becoming involved—in any way—in the details of the union's election or campaign, and don't give financial aid or any support to any unions. Any one of these practices may result in a finding of "unfair labor practices," which may in turn result in recognition of a union without an election, as well as fines for your company. 86) Decertification campaigns to end union representation are in principle very similar to the initial certification campaign that brought the union into power. Answer: True Explanation: Decertification campaigns don't differ much from certification campaigns. The union organizes membership meetings and house-to-house visits, mails literature into the homes, and uses phone calls, e-mails, and NLRB appeals to win the election. 87) Ignoring bargaining items is a good strategy for negotiating with labor unions while staying within the limits of good faith bargaining. Answer: False Explanation: Ignoring bargaining items is an indication that bargaining is not in good faith. Refusal to bargain on a mandatory item or insistence on a permissive item are examples of ignoring bargaining items. 88) One party can compel the other party to negotiate over permissible items if the employees agree to it. Answer: False Explanation: Voluntary (or permissible) bargaining items are neither mandatory nor illegal; they become a part of negotiations only through the joint agreement of both management and union. Neither party can compel the other to negotiate over voluntary items. 89) Mediation guarantees a solution to any impasse that may occur during collective bargaining negotiations. Answer: False Explanation: Sometimes an impasse can be resolved through a third party—a disinterested person such as a mediator or arbitrator. If the impasse is not resolved in this way, the union may call a work stoppage, or strike, to put pressure on management 90) A wildcat strike is an unauthorized strike that occurs during the term of a contract. Answer: True Explanation: A wildcat strike is an unauthorized strike occurring during the term of a contract. 91) Rights arbitration centers on working out a labor agreement when one or both of the parties seeks a change in the agreement or when an agreement does not yet exist. Answer: False Explanation: Interest arbitration centers on working out a labor agreement; the parties use it when such agreements do not yet exist or when one or both parties are seeking to change the agreement. Rights arbitration involves interpreting existing contract terms. 92) Employers can replace strikers permanently unless the strike is based on unfair labor practices. Answer: True Explanation: Employers generally can replace strikers. However, employers cannot permanently replace strikers who are protesting unfair labor practices. 93) Union pressure on a company's shareholders, directors, and customers is known as a corporate campaign. Answer: True Explanation: Management and labor each have other weapons to break an impasse and achieve their aims. The union, for example, may resort to a corporate campaign, which is an organized effort by the union that exerts pressure on the employer by pressuring the company's other unions, shareholders, corporate directors, customers, creditors, and government agencies. 94) Employers and unions can seek a court injunction to compel a party or parties to resume or desist from a certain action. Answer: True Explanation: Both employers and unions can seek an injunction from the courts if they believe the other side is taking actions that could cause irreparable harm to the other party. An injunction is a court order compelling a party or parties either to resume or to desist from a certain action. 95) Union activism and unclear job descriptions are often underlying causes for employee grievances. Answer: True Explanation: Organizational factors such as ambiguous job descriptions that frustrate employees also cause grievances. Union activism is another cause; the union may solicit grievances from workers to underscore ineffective supervision. 96) The grievance procedure is a standardized process based on NLRB policies and fair labor practices. Answer: False Explanation: Union grievance procedures differ from firm to firm. Some contain simple, two-step procedures. At the other extreme, the grievance procedure may contain six or more steps. 97) Firms can avoid the difficulties associated with unions by sending jobs overseas. Answer: False Explanation: The Service Employees' International Union (SEIU) is strengthening its alliances with unions in other nations, with the goal of uniting workers in specific multinational companies and industries around the globe. So, any company that thinks it can avoid unionization by sending jobs abroad may be in for a surprise. 98) After the passage of the National Recovery Act in 1933, companies developed "sham unions" that were actually company-supported organizations designed to keep legitimate unions out. Answer: True Explanation: One goal of the National Labor Relations Act was to outlaw "sham unions." Two years before passage of the NLRA, the National Recovery Act (1933) tried to give employees the right to organize and to bargain collectively. This triggered an increase in sham unions that were actually company-supported organizations aimed at keeping legitimate unions out. 99) Employee programs that focus on quality and productivity are generally viewed outside of the scope of the National Labor Relations Act. Answer: True Explanation: If an employee program focuses just on issues such as quality and productivity improvement, courts are more likely to view them as outside the scope of the National Labor Relations Act. Being involved in union-type matters such as wages and working conditions may be more questionable. 100) Supervisors can best handle grievances by providing grievants with long, written responses so that the issue is clear. Answer: False Explanation: Managers should not provide grievants with long, written responses to complaints because such information could later be used against the firm. 101) How did labor laws affect employers and employees in the post-Depression United States? What specific laws significantly affected U.S. unions? Answer: Until about 1930, there were no special labor laws. Employers were not required to engage in collective bargaining with employees and were virtually unrestrained in their behavior toward unions; the use of spies and firing of union agitators were widespread. "Yellow dog" contracts, whereby management could require nonunion membership as a condition for employment, were widely enforced. Most union weapons—even strikes—were illegal. This one-sided situation lasted until the Great Depression (around 1930). The Norris-LaGuardia Act of 1932 set the stage for a new era in which union activity was encouraged. It guaranteed to each employee the right to bargain collectively "free from interference, restraint, or coercion." It limited the courts' abilities to issue injunctions (stop orders) for activities such as peaceful picketing and payment of strike benefits. In 1935, Congress passed the National Labor Relations (or Wagner) Act to add teeth to Norris-LaGuardia. It did this by (1) banning certain unfair labor practices, (2) providing for secret-ballot elections and majority rule for determining whether a firm's employees would unionize, and (3) creating the National Labor Relations Board (NLRB) to enforce these two provisions. 102) What are the theories regarding why workers unionize? What can employers and supervisors do to prevent unionization? Answer: Experts have spent much time and money trying to discover why workers unionize, and they've proposed many theories. Yet there is no simple answer to the question, partly because each worker probably joins for his or her own reasons. However, workers don't unionize just to get more pay or better working conditions, though these are important. Besides money, two other factors—employer unfairness and the union's power—are also important. To vote pro-union, the employees also had to believe the union could improve their wages, benefits, and treatment. The best strategy for supervisors and employers is to not be caught asleep in the first place: Overall, prudence dictates that management spend time and effort even when the atmosphere is calm testing the temperature of employee sentiments and finding ways to remove irritants. Doing that cuts down on the possibility that an election will ever take place. 103) What is union security? Explain the five types of union security. Answer: Union security refers to the right to represent a firm's workers and to be the exclusive bargaining agent for all employees in the unit. The five types of union security are closed shop, union shop, agency shop, preferential shop, and maintenance of membership agreement. In the closed shop form, the company can hire only union members. In the union shop form, the company can hire nonunion people, but those people must join the union after a prescribed period of time and pay dues. In the agency shop form, employees who do not belong to the union still must pay union dues on the assumption that the union's efforts benefit all the workers. In a preferential shop, union members are given hiring preference. In the final type, maintenance of membership agreement, employees do not have to belong to the union, but union members employed by the firm must maintain union membership for the period of their contract. 104) What are the five unfair employer labor practices that the Wagner Act deemed unfair and considered "statutory wrongs"? Answer: • It is unfair for employers to interface with, restrain, or coerce employees in exercising their legally sanctioned right of self-organization. • It is unfair practice for company representatives to dominate or interfere with either the formation or the administration of labor unions. This includes the use of bribing employees, using company spies, moving a business to avoid unionization, and blacklisting union sympathizers. • Employers are prohibited from discriminating in any way against employees for their legal union activities. • Employers are forbidden to discharge or discriminate against employees simply because the latter file unfair practice charges against the company. • It is an unfair labor practice for employers to refuse to bargain collectively with their employees' duly chosen representatives. 105) What was the purpose of the Wagner Act and the National Recovery Act? How do these laws relate to sham unions? How can employers avoid having their employee participation programs be considered sham unions? Answer: Congress passed the Wagner Act to add teeth to Norris-LaGuardia. It did this by (1) banning certain unfair labor practices, (2) providing for secret-ballot elections and majority rule for determining whether a firm's employees would unionize, and (3) creating the National Labor Relations Board (NLRB) to enforce these two provisions. One goal of the Wagner Act was to outlaw "sham unions." Two years before passage of the NLRA, the National Recovery Act (1933) tried to give employees the right to organize and to bargain collectively. This triggered an increase in unions that were actually company-supported organizations aimed at keeping legitimate unions out. This helped lead to passage of the Wagner Act. The problem is that courts might view some participative programs as sham unions. If the committees focus just on issues such as quality and productivity improvement, courts are more likely to view them as outside the scope of the National Labor Relations Act. Employers can take these steps to avoid having their employee participation programs viewed as sham unions: • Involve employees in the formation of these programs. • Continually emphasize to employees that the committees exist only to address issues such as quality and productivity, not to deal with management on mandatory bargaining items such as pay. • Don't try to establish such committees when union organizing activities are beginning in your facility. • Fill the committees with volunteers rather than elected employee representatives, and rotate membership. • Minimize your participation in the committees' day-to-day activities to avoid the perception of domination. 106) List and describe the five steps involved in planning a union drive and election. Answer: The five basic steps include 1) make initial contact, 2) obtain authorization cards, 3) hold a hearing, 4) hold a campaign, and 5) hold an election. In the initial contact stage, the union determines the employees' interest in organizing and establishes an organizing committee. In step two, the union organizers try to get the employees to sign authorization cards to authorize the union to seek a representation election and state that the employee has applied to join the union. Thirty percent of the eligible employees in an appropriate bargaining unit must sign before the union can petition the National Labor Review Board for an election. Once the union collects the authorization cards, it enters the third stage. In this stage, three things can occur. First, the employer may choose not to contest union recognition and the parties need no hearing. A special consent election is held. Second, the employer may choose to recognize the union's right to an election and the parties can immediately stipulate an election. Third, the employer may choose to contest the union's right and insist on a hearing to determine those issues. If a hearing is held and the results of the hearing are favorable for the union, the NLRB will order holding an election. In the fourth stage, a campaign will be held for the respective employer and union to appeal to employees for their votes. The election is held within 30-60 days after the NLRB issues its Decision and Direction of Election. The election is by secret ballot. The union wins if it gets a majority of the votes cast. 107) You are a supervisor at a large manufacturing firm. What should and shouldn't you do during organizing and preelection campaigns? What should and shouldn't you do when faced with employee grievances? Answer: Supervisors should use the acronym TIPS to remember what not to do during organizing and preelection campaigns. TIPS stands for four things that a supervisor cannot do when dealing with employees regarding unionization: 1) Threaten, 2) Interrogate, 3) Promise, and 4) Spy. The FOUR acronym states the four things that supervisors may do: 1) Facts, 2) Opinions, 3) Rules, and 4) Experience. When handling grievances, supervisors should investigate and handle each case as though it may eventually result in arbitration; talk with the employee about his or her grievance; give the person a full hearing; require the union to identify specific contractual provisions allegedly violated; and comply with the contractual time limits for handling the grievance. Supervisors should not discuss the case with the union steward alone—the grievant should be there; make arrangements with individual employees that are inconsistent with the labor agreement; or bargain over items not covered by the contract. 108) What third-party interventions are available to handle an impasse during collective bargaining? Discuss each type of intervention in a brief essay. Answer: Negotiators use three types of third party interventions to overcome an impasse: mediation, fact-finding, and arbitration. With mediation, a neutral third party tries to assist the principals in reaching an agreement. This includes holding a meeting with each party to determine their respective positions. The mediator serves as a go-between and does not have authority to dictate terms or make concessions. He or she can communicate his or her opinions as to the likelihood of a strike. A fact finder is a neutral party who studies the issues in a dispute and makes a public recommendation for a reasonable settlement. This is commonly used in national emergency disputes. Arbitration offers the arbitrator the power to determine and dictate the settlement terms. If the arbitration is binding, both parties are committed to accepting the decision of the arbitrator. 109) What are the different types of strikes? What is the purpose of picketing during a strike? During a union drive and election, what are the guidelines regarding employee picketing? Answer: A strike is a withdrawal of labor, and there are four main types of strikes. An economic strike results from a failure to agree on the terms of a contract. Unions call unfair labor practice strikes to protest illegal conduct by the employer. A wildcat strike is an unauthorized strike occurring during the term of a contract. A sympathy strike occurs when one union strikes in support of the strike of another union. Picketing, or having employees carry signs announcing their concerns near the employer's place of business, is one of the first activities to occur during a strike. Its purpose is to inform the public about the existence of the labor dispute and often to encourage others to refrain from doing business with the struck employer. During a union drive, unions can picket the company, subject to three constraints: (1) The union must file a petition for an election within 30 days after the start of picketing; (2) the firm cannot already be lawfully recognizing another union; and (3) there cannot have been a valid NLRB election during the past 12 months. 110) In a brief essay, discuss some of the reasons for declining union membership. Do you think this is good or bad for the U.S. economy and U.S. businesses? Why? Answer: Several things contributed to union membership decline. Laws like OSHA and Title VII reduced the need for union protection. Increased global competition and new technologies like the Internet and just-in-time production systems forced employers to reduce inefficiencies and cut costs—often by reducing payrolls by automating or by sending jobs abroad. New foreign-owned auto plants from Toyota and Daimler largely stayed union free. Only about 15% of U.S. workers now work in manufacturing and construction, so unions' traditional membership sources shrank. All of this squeezes unions. Test Bank for Human Resource Management Gary Dessler 9780132668217, 9789353942205, 9780135226803, 9780136089964, 9780134235455, 9780130141248