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22 Key 1. The Clayton Act expressly grants employees the protected right to join a union. Answer: False Although the Clayton Act exempted employees from the claim that they were restraining trade through unionization, this law did not expressly grant employees the protected right to join a union. 2. The Norris-LaGuardia Act forbids injunctions to be issued to enjoin strikes by public employees. Answer: False Although the Norris-LaGuardia Act greatly restricts the use of injunctions in labor disputes, it does not prohibit them altogether. An injunction may be issued to enjoin illegal strikes, such as ones by public employees. 3. The Norris-LaGuardia Act restricts the use of federal court injunctions in labor disputes. Answer: True The Norris-LaGuardia Act restricts the use of federal court injunctions in labor disputes; it does not limit the jurisdiction of state courts in issuing them. practices by management. Reed - Chapter 22 #3 4. The NLRB is empowered to take corrective action and award dollar damages to unions and employees. Answer: True Authorizing the NLRB to conduct hearings on unfair labor practice allegations and, if unfair practices are found to exist, to take corrective action including issuing cease and desist orders and awarding dollar damages to unions and employees. 5. Administrative law judges are responsible for the initial conduct of hearings in unfair labor practice cases. Answer: True Administrative law judges are responsible for the initial conduct of hearings in unfair labor practice cases. 6. The NLRB consists of five members who are nominated by Congress and are confirmed by the House of Representatives. Answer: False The NLRB consists of five members, appointed by the president with the advice and consent of the Senate, who serve staggered terms of five years each. 7. The NLRB does not exercise jurisdiction over private universities and colleges. Answer: False NLRB assumes jurisdiction over private universities and colleges, and some retail enterprises, nonprofit hospitals, among others. 8. Petitions are used to authorize the NLRB to conduct an election to certify a union or to rescind a union's authority. Answer: True Votes to certify a union or to rescind a union's authority also take place by petition. 9. An employer may voluntarily recognize that its workers want to have a certain labor union represent them. Answer: True An employer may voluntarily recognize that its workers want to have a certain labor union represent them. 10. An employer may not file a petition for an election to invalidate certification of an incumbent union. Answer: False An employer may also file a petition for an election to invalidate certification of an incumbent union. 11. Employers are legally required to recognize the union based on a majority card showing. Answer: False Employers do not need to recognize the union based on a majority card showing and always have the option to insist on an election. 12. An employer is not required to recognize the union based on a majority card showing and always has the option to insist on an election. Answer: True Employers do not need to recognize the union based on a majority card showing and always have the option to insist on an election. 13. An employer's conferring additional benefits on employees considering union organization can be considered an unfair labor practice. Answer: True The conferring of benefits by an employer may be an unfair labor practice. 14. Requiring job applicants to state on a job questionnaire that they would or would not cross a picket line is illegal. Answer: True In addition, less obvious activities are outlawed, such as requiring job applicants to state on a questionnaire whether they would cross a picket line in a strike. 15. An employer may legally permit a union to use their telephones and copy machines as long as they do not charge the union a fee. Answer: False It is an unfair labor practice for the employer to support a union by giving it a meeting place; providing refreshments for union meetings; permitting the union to use the employer's telephone, secretary, or copying machine; 16. Bargaining in good faith means bargaining until an agreement is reached. Answer: False To comply with the requirement that they bargain collectively in good faith, employers must approach the bargaining table with fair and open minds and a sincere intent to find a basis of agreement. 17. If an employer reports the existence of possible illegal aliens to the authorities when the report is near a time when the employees are approving a labor union as its bargaining agent such a report is considered an unfair labor practice. Answer: True The Supreme Court has held that an employer who reports the possible existence of illegal aliens to the Immigration and Naturalization Service engages in an unfair labor practice when that report is closely associated with the employees' approval of a labor union as their bargaining agent. 18. Insisting on only oral agreements when negotiating is not considered to be an unfair labor practice. Answer: False Refusing to reduce agreements to writing, and designating persons with no authority to negotiate as representatives at meetings are examples of this unfair labor practice. 19. Under the Wagner Act, any organization of employees must be completely independent of their employers. Answer: True Under the Wagner Act, any organization of employees must be completely independent of their employers. 20. The law does not require an employer to favor union members in hiring employees. Answer: True The law does not oblige an employer to favor union members in hiring employees. 21. A partial business closing to deter unionizing is an unfair labor practice. Answer: True Partial closings to "chill" unionism are unfair labor practices. 22. Issues and questions regarding fringe benefits are considered compulsory bargaining issues. Answer: True Questions relating to fringe benefits are compulsory bargaining issues because they are "wages." 23. Raising prices in cafeteria vending machines may be considered a compulsory bargaining issue. Answer: True The NLRB concluded that in-plant food and related services are "other terms and conditions of employment." Therefore, Ford must negotiate with the union over this compulsory bargaining issue. 24. The Taft-Hartley injunction provision is applicable to all strikes. Answer: False The injunction provided for in the Taft-Hartley Act may not be used for all strikes and lockouts. 25. Workers in right-to-work states, who work at a unionized facility, must pay union dues. Answer: False Workers in right-to-work states who do not belong to a union may not be required to pay representation fees to the union that represents the employees. However, such workers are subject to the terms of the collective bargaining agreement, and the union must handle their grievances, if any, with management. 26. All 50 states have adopted "right-to-work" laws. Answer: False Approximately 20 states have right-to-work laws today. 27. Unions are allowed to use members' dues to support political activities. Answer: False Unions are not allowed to use members' dues to support political activities. 28. Individuals can be sued for violating the no-strike provisions of a collective bargaining contract. Answer: False Individuals cannot be sued for actions such as violating no-strike provisions of a collective bargaining contract. 29. A union member may sue a local union for failing to enforce the international union's constitution and bylaws. Answer: True A union member may sue a local union for failing to enforce the international union's constitution and bylaws. 30. Forcing an employer to pay for work not being performed is called featherbedding. Answer: True Causing an employer to pay for work not performed is termed as featherbedding 31. The largest union in the U.S. is the: A. AFL-CIO. B. United Auto Workers. C. Teamsters Union. D. National Education Association. E. Industrial Workers of the World Answer: D. National Education Association. The National Education Association is the largest union with 2.7 million members. 32. The Clayton Act of 1914 was passed principally to: A. force employers to pay a minimum wage. B. ensure shorter work weeks. C. strengthen the antitrust laws. D. establish a national labor relations board. E. enable management control over workers. Answer: C. strengthen the antitrust laws. The Clayton Act of 1914 was passed principally to strengthen the antitrust laws 33. The first federal statute of importance to the labor movement was the _______ which was passed to strengthen the antitrust laws. A. Clayton Act B. Railway Labor Act C. Norris LaGuardia Act D. Wagner Act E. Comstock Act Answer: A. Clayton Act The first federal statute of any importance to the labor movement is the Clayton Act of 1914, which was passed principally to strengthen the antitrust laws. 34. One reason for the relative strength enjoyed by management was the fact that it argued that employees acting together were restraining trade illegally under the ________. A. Taft-Harley Act B. Wagner Act C. Norris-LaGuardia Act D. Clayton Act E. Sherman Act Answer: E. Sherman Act Between 1890 (when the Sherman Antitrust Act was passed) and 1914, labor unions were weak in their ability to represent employees. At least one reason for the relative strength enjoyed by management was the fact that it could and did argue that employees acting together were restraining trade illegally under the Sherman Act. 35. Which of the following is a major provision of the Landrum-Griffin Act? A. It governs collective bargaining for railroads and airlines. B. It authorized the NLRB to conduct union certification elections. C. It provided for an 80-day cooling-off period in strikes that imperil national health or safety. D. It created the Federal Mediation and Conciliation Service to assist in settlement of labor disputes. E. It created a Bill of Rights for union members. Answer: E. It created a Bill of Rights for union members. Landrum-Griffin Act (Labor-Management Reporting and Disclosure Act, LMRDA) created a Bill of Rights for union members. 36. The National Mediation Board was created by the: A. Railway Labor Act. B. National Labor Relations Act. C. Labor-Management Relations Act. D. Labor Management Reporting and Disclosure Act. E. Child Labor Act Answer: A. Railway Labor Act. In 1926, Congress enacted the Railway Labor Act to encourage collective bargaining in the railroad industry. It established the three-member National Mediation Board. 37. Yellow dog contracts were made illegal through the enactment of the: A. Clayton Act. B. Norris LaGuardia Act. C. Wagner Act. D. Sherman Act. E. Comstock Act Answer: B. Norris LaGuardia Act. Passed in 1932, the Norris-LaGuardia Act made yellow-dog contracts illegal. 38. Employee agreements not to join unions as a condition of employment were known as contracts. A. anti-fraternization B. yellow-dog C. anti-socialization D. featherbedding E. free rider Answer: B. yellow-dog Because of management's superior bargaining power, prior to 1932 management often made it a condition of employment that employees agree not to join a labor union. Such agreements became known as yellow-dog contracts because any employee who would forsake the right to join fellow employees in unionization was considered a cowardly scoundrel (yellow dog). 39. Which of the following statements holds true for the collective bargaining process of the National Mediation Board? A. A period of six months is stipulated for a special emergency board to make recommendations for settlement. B. It prohibits voluntary arbitration. C. The special emergency board appointed by the NMB cannot issue judicial injunctions. D. It is mandatory for parties to comply with a special emergency board's proposals. E. It considers lockouts by management and strikes by workers illegal. Answer: C. The special emergency board appointed by the NMB cannot issue judicial injunctions. This emergency board lacks judicial power, but it encourages the parties to reach an agreement by investigating the dispute and publishing its findings of fact and recommendations for settlement. 40. The Norris-LaGuardia Act: A. restricts the use of federal court injunctions in labor disputes. B. limits the jurisdiction of state courts in issuing injunctions. C. bars an injunction from being issued to enjoin illegal strikes. D. permits injunctions against persons striking or quitting work. E. permits paying unemployment benefits to participants in a labor dispute. Answer: A. restricts the use of federal court injunctions in labor disputes. The Norris-LaGuardia Act restricts the use of federal court injunctions in labor disputes; it does not limit the jurisdiction of state courts in issuing them. 41. The Wagner Act is also known as the: A. Labor-Management Relations Act. B. National Labor Relations Act. C. Railway Labor Act. D. LMRDA Act. E. Federal Arbitration Act. Answer: B. National Labor Relations Act. The labor movement received its greatest stimulus for growth with the enactment in 1935 of the National Labor Relations Act, known as the Wagner Act. 42. Congress explicitly affirmed labor's right to organize and to bargain collectively in the: A. Wagner Act. B. Taft-Hartley Act. C. Norris-LaGuardia Act. D. None of these. E. Comstock Act. Answer: A. Wagner Act. The labor movement received its greatest stimulus for growth with the enactment in 1935 of the National Labor Relations Act, known as the Wagner Act. Perhaps most significantly, Congress explicitly affirmed labor's right to organize and to bargain collectively. 43. The members of the NLRB are appointed by: A. Congress. B. the president. C. the Senate. D. the House of Representatives. E. the Department of Labour Answer: B. the president. The NLRB consists of five members, appointed by the president with the advice and consent of the Senate, who serve staggered terms of five years each. 44. Which of the following is exempt from the authority of the NRLB? A. All nonretail operations B. Independent contractors C. Interstate transportation enterprises D. Television stations E. Private universities Answer: B. Independent contractors Independent contractors are exempt from the NLRB's authority. 45. The NLRB assumes jurisdiction over: A. independent contractors and household domestic workers. B. employees of the railways and airlines. C. retail enterprises with a gross volume of $500,000 or more a year. D. employees who work for their spouse or parents. E. all employees of the federal and state governments. Answer: C. retail enterprises with a gross volume of $500,000 or more a year. The NLRB assumes jurisdiction over retail enterprises with a gross volume of $500,000 or more a year. 46. The NLRB has jurisdiction over: A. governmental employees. B. persons covered by the Railway Labor Act. C. agricultural laborers. D. employees of private transportation enterprises. E. independent contractors. Answer: D. employees of private transportation enterprises. NLRB assumes jurisdiction over transportation enterprises furnishing interstate services. 47. Which of the following agencies has been granted the authority to conduct quasi-judicial hearings to investigate and enforce sanctions in case of unfair labor practices? A. Federal Labor Relations Authority B. National Mediation Board C. National Credit Union Administration D. National Labor Relations Board E. Federal Mediation and Conciliation Service Answer: D. National Labor Relations Board Congress granted the NLRB the authority to conduct the quasi-judicial hearings that are required to investigate and to enforce sanctions if these unfair labor practices occur. 48. Which of the following holds true for elections to certify unions? A. They are public and open to any employee. B. They are by secret ballot. C. They are supervised by state appointed labor representatives. D. They need not be recognized by management. E. They must be agreed to by all the employees. Answer: B. They are by secret ballot. Elections are by secret ballot and are supervised by the NLRB. 49. For the NLRB to conduct a union election, it must receive: A. a request from 10% of eligible employees. B. a petition from management. C. a request from other chapters of the specific union. D. a petition signed by at least 30% of employees. E. a directive from the Department of Labor. Answer: D. a petition signed by at least 30% of employees. The NLRB conducts elections upon receipt of a petition signed by at least 30 percent of the employees. 50. After a valid election to certify a union has been conducted by the NLRB, another election is: A. permitted within six months regardless of whether the union wins the certification vote. B. permitted within six months regardless of whether the union wins or loses the certification vote. C. is not permitted for three years regardless whether the union wins or loses the certification vote. D. is not permitted for one year regardless whether the union wins or loses the certification vote. E. is not permitted for five years regardless whether the union wins or loses the certification vote. Answer: D. is not permitted for one year regardless whether the union wins or loses the certification vote. After a NLRB election, another is not permitted for one year, regardless of whether the union wins or loses the certification vote. 51. Which of the following statements holds true for the certification of a union by cards? A. Employers do not have the option to insist on an election. B. Employers do not need to recognize the union based on a majority card showing. C. Under no circumstances can cards substitute for an election. D. The general counsel of the NLRB has to prove that the employees read the cards. E. The NLRB may not issue a bargaining order under any circumstances. Answer: B. Employers do not need to recognize the union based on a majority card showing. Employers do not need to recognize the union based on a majority card showing and always have the option to insist on an election. 52. Under the Wagner Act, any organization of employees must: A. be completely independent of their employers. B. be approved by their employer. C. have an established meeting place at their place of employment. D. have equal access to company equipment and support staff. E. be established on the recommendation of the Department of Labor. Answer: A. be completely independent of their employers. It is unfair for an employer to interfere with the efforts of employees to form, join, or assist labor organizations. 53. Which of the following actions by an employer violates the Wagner Act? A. Threatening to fire any employees that vote to certify a union B. Providing refreshments to those attending a union meeting C. Refusing to allow an employee to have a union representative present when the employee is being questioned about a theft that occurred on the premises D. All of these E. None of these Answer: D. All of these It is unfair for an employer to interfere with the efforts of employees to form, join, or assist labor organizations. The Supreme Court held that the employee had a right to representation when there was a perceived threat to her employment security. It is an unfair labor practice for the employer to support a union by giving it a meeting place; providing refreshments for union meetings. 54. ________ are those issues concerned with wages, hours, and other terms and conditions of employment. A. Voluntary bargaining issues B. Optional bargaining issues C. Secondary bargaining issues D. Compulsory bargaining issues E. Alternative bargaining issues Answer: D. Compulsory bargaining issues Compulsory, or mandatory, bargaining issues are those concerned with wages, hours, and other terms and conditions of employment. 55. Collective bargaining subjects are first classified as mandatory or voluntary by: A. executive orders. B. legislative enactment. C. NLRB decisions. D. the Sherman Act. E. the Comstock Act. Answer: C. NLRB decisions. Courts tend to defer to the special expertise of the NLRB in classifying collective bargaining subjects, especially in the area of "terms or conditions of employment." 56. Which of the following statements holds true for bargaining between an employer and the union concerning a mandatory subject of bargaining? A. In-plant food and related services are not compulsory bargaining issues. B. Wages are compulsory subjects, while bonuses are not. C. Courts tend to defer to the NLRB in classifying collective bargaining subjects. D. Under no circumstances can parties take steps that are against best interests of the other party. E. Neither the employer nor the union must make concessions to the other. Answer: E. Neither the employer nor the union must make concessions to the other. Neither the employer nor the union must make concessions to the other concerning a mandatory subject of bargaining. 57. The Taft-Hartley Act was designed to: A. strengthen labor union's bargaining power. B. limit management retaliation for unionization. C. help ensure fairness in negotiations in the wake of the Wagner Act. D. strengthen antitrust laws. E. establish a federal minimum wage. Answer: C. help ensure fairness in negotiations in the wake of the Wagner Act. Where, prior to the Wagner Act, employers had the greater advantage in bargaining power, by 1946 many persons felt the pendulum had shifted and that unions, with their ability to call nationwide, crippling strikes, had the better bargaining position. To balance the scale, the Labor-Management Relations Act (the Taft-Hartley Act ) was enacted in 1947 to amend the Wagner Act. 58. The Taft-Hartley Act provides injunction power against: A. all strikes and lockouts. B. strikes and lockouts that create a national emergency. C. strikes and lockouts that involve interstate sale of goods. D. shutdown of companies in cases involving natural disasters. E. mass layoffs by companies in cases involving right sizing Answer: B. strikes and lockouts that create a national emergency. This injunction is limited to national emergency strikes and lockouts, those that involve national defense or key industries or have a substantial effect on the economy. 59. The Federal Mediation and Conciliation Service was created to achieve the goals of the . A. Clayton Act B. Sherman Act C. Wagner Act D. Taft-Hartley Act E. Comstock Act Answer: D. Taft-Hartley Act Congress authorized the creation of the Federal Mediation and Conciliation Service to help achieve the goals of the Taft-Hartley Act. 60. The faculty of a college or university is unionized. They vote to strike. Which of the following would apply under the Taft-Hartley Act? A. A 60 day cooling off period. B. An 80 day cooling off period. C. A 90 day cooling off period. D. No cooling off period would apply. E. They would be held guilty of precipitating a state of national emergency. Answer: D. No cooling off period would apply. This provision's intent is to limit the adverse impact of the nationwide strikes by steelworkers, mineworkers, autoworkers, and longshoremen that can paralyze the economy. 61. Lois has applied for a job at Nadia Markets, a grocery store chain. She is told that after thirty days she is required to join the union representing the Nadia employees. Nadia is: A. an agency shop. B. a union shop. C. a right to work shop. D. committing an unfair labor practice and violating the law. E. an open shop. Answer: B. a union shop. In a union shop contract, also known as a union security clause, the employer agrees that after an employee is hired that employee must join the union as a condition of continued employment. 62. A place of employment that requires a person to be a union member before applying for a job is said to be a ________ shop. A. limited access B. open C. closed D. mandatory membership. E. agency Answer: C. closed In essence, to apply for a prospective job, a person would have to join the union. These situations became known as closed shops. 63. Laws that prohibit agreements requiring membership in a labor organization as a condition of continued employment is known as a _________ law. A. right-to-work. B. right to remain independent C. right-to-self-determination D. right to choice. E. right-to-information Answer: A. right-to-work. Right-to-work laws prohibit agreements requiring membership in a labor organization as a condition of continued employment of a person who was not in the union when hired. 64. Mike is an employee at a company that is unionized. However, it is located in a right-to-work state. Which of the following is a correct in this case? A. Mike is required to pay a non-association fee. B. Mike is required to pay representation fees to the union. C. Mike is outside the purview of the collective bargaining agreement. D. The union must handle Mike's grievances, if any, with management. E. Mike has to enter into an agreement requiring membership in a union as a condition of continued employment. Answer: D. The union must handle Mike's grievances, if any, with management. Right-to-work laws prohibit agreements requiring membership in a labor organization as a condition of continued employment of a person who was not in the union when hired. However, such workers are subject to the terms of the collective bargaining agreement, and the union must handle their grievances, if any, with management. 65. Which of the following statements holds true for suits against unions? A. Individuals, violating no-strike provisions of a collective bargaining contract can be sued for action. B. A labor organization may not be sued for the acts of its agents. C. Members may not recover the money damages they suffer because of an illegal strike. D. If a union activity is both an unfair labor practice and a breach of a collective bargaining agreement, NLRB's authority is not exclusive. E. Any money judgment against an union is enforceable against any individual member. Answer: D. If a union activity is both an unfair labor practice and a breach of a collective bargaining agreement, NLRB's authority is not exclusive. If a union activity is both an unfair labor practice and a breach of a collective bargaining agreement, the NLRB's authority is not exclusive and does not destroy the jurisdiction of courts under Section 301 of the Taft-Hartley Act. 66. Which of the following is a provision of the Taft-Hartley Act? A. It permitted suits to be filed by union members for breach of contract against unions. B. Individuals can be sued for violating no-strike provisions of a collective bargaining contract. C. It created the National Labor Relations Board (NLRB) to administer the act. D. It established and defined six unfair labor practices by employers. E. It authorized the NLRB to conduct hearings on unfair labor practice allegations Answer: A. It permitted suits to be filed by union members for breach of contract against unions. Section 301 of the Taft-Hartley Act provides that suits for breach of a contract between an employer and a labor organization can be filed in the federal district courts without regard to the amount in question. 67. Which of the following statements holds true for a local union? A. It must observe the international union's constitution and bylaws. B. It can disregard national bylaws if the local membership has an election and votes to do so. C. It is bound by international bylaws only if the unanimous approves. D. It cannot be sued by anyone except the national union of which it is a part. E. All of these. Answer: A. It must observe the international union's constitution and bylaws. A union member may sue a local union for failing to enforce the international union's constitution and bylaws. 68. Which of the following statements holds true for unions? A. They represent all employees in the bargaining unit without discrimination. B. They represent only dues-paying members of a bargaining unit. C. They enter bargaining negotiations only when a significant number of members are involved. D. All of these. E. None of these. Answer: A. They represent all employees in the bargaining unit without discrimination. The union must represent all the employees in the bargaining unit, including those who are nonunion, impartially and without hostile discrimination. 69. The dispute in a jurisdictional strike is between: A. the employee and the union. B. two employees. C. the national and local chapters. D. two unions. E. the government and the union. Answer: D. two unions. Since the dispute is between the two unions and not with the employer, the law requires that such disputes be submitted to the NLRB by the unions. 70. Jurisdictional strikes: A. are a good tool to force negotiation. B. involve more than one employer. C. are an unfair labor practice. D. help unions gain bargaining position. E. helps the employers to rein in erring unions. Answer: C. are an unfair labor practice. Jurisdictional strikes are unfair labor practices. 71. A hot cargo contract: A. refers to picketing by employees and/or a union of a business not directly involved in a labor dispute for the purposes of bringing pressure to bear on the business of an employer who is. B. refers to an union requiring the employer not to force employees to handle materials going to or coming from an employer designated by the union as "unfair. C. refers to is an agreement between an employer and an employee in which the employee agrees, as a condition of employment, not to be a member of a labor union. D. refers to demanding payment for work no longer performed by workers because of automation or robotification. E. refers to a contract given to a worker who refuses to join coworkers in a strike. Answer: A. refers to picketing by employees and/or a union of a business not directly involved in a labor dispute for the purposes of bringing pressure to bear on the business of an employer who is. A hot-cargo contract is one in which an employer voluntarily agrees with a union that the employees should not be required by their employer to handle or work on goods or materials going to or coming from an employer designated by the union as "unfair." Such goods are said to be hot cargo. 72. Picketing to force an employer to recognize an uncertified union is an unfair labor practice when: A. the employer has refrained from recognizing another union as the collective bargaining agent of its employees. B. picketing has been conducted with an aim to force the employer to engage in a secondary boycott. C. a valid representation election has been conducted by the NLRB within the past 12 months. D. picketing has been conducted for an unreasonable time, in excess of 10 days. E. picketing has been conducted even with a petition for a representation election being filed with the NLRB. Answer: C. a valid representation election has been conducted by the NLRB within the past 12 months. Picketing to force an employer to recognize an uncertified union is an unfair labor practice when a valid representation election has been conducted by the NLRB within the past 12 months. 73. An agreement between an employer and a union in which the employer agrees not to force employees to handle goods or materials going to or from a second employer deemed by the union to be unfair is called a/an: A. free rider contract. B. redundant cargo contract. C. secondary cargo contract. D. hot cargo contract. E. yellow-dog contract Answer: D. hot cargo contract. A hot-cargo contract is one in which an employer voluntarily agrees with a union that the employees should not be required by their employer to handle or work on goods or materials going to or coming from an employer designated by the union as "unfair." Such goods are said to be hot cargo. 74. The Landrum-Griffin Act is also known as the _________. A. National Labor Relations Act B. Labor-Management Reporting and Disclosure Act C. Railway Labor Act D. Employment Bill of Entitlements Act E. Federal Arbitration Act Answer: B. Labor-Management Reporting and Disclosure Act As a result, Congress passed the Landrum-Griffin Act, or Labor-Management Reporting and Disclosure Act (LMRDA), in 1959. 75. The Landrum-Griffin Act prohibits: A. secondary boycotts. B. strikes. C. lockouts. D. yellow-dog contracts. E. whistleblowing. Answer: A. secondary boycotts. The Landrum-Griffin Act clarified the concern over secondary boycotts by prohibiting a union- management agreement that would adversely impact a neutral third party. 76. Why is the Clayton Act so important to the labor movement? Answer: The Clayton Act is important because it states that antitrust laws regulating anti-competitive contracts did not apply to labor unions or their members in lawfully carrying out their legitimate activities. This helped to strengthen unions. 77. How was the National Mediation Board established and what are its primary functions? Answer: The National Mediation Board was established by the Railway Labor Act. This three member board designates the bargaining representative for any given bargaining unit of employees in the railway or air transportation industries. It accomplishes this task by conducting representation elections. When there is a dispute over proposed contract terms in the transportation industry, and a resolution cannot be reached, the Board attempts a mediation of their differences. If mediation fails, the Board encourages voluntary arbitration. If arbitration is refused, the Board, if it feels that interstate commerce may be affected substantially, is tasked with informing the President who may then appoint an emergency board to deal with the matter. 78. Name at least four of the specific actions not subject to federal injunction by the Norris-LaGuardia Act. Answer: Specific actions that the Norris-LaGuardia Act states are not subject to federal injunctions: striking or quitting work; belonging to a labor organization; paying strike or unemployment benefits to striking workers; picketing or otherwise calling attention to a labor dispute; peaceably assembling to promote interests in a labor dispute; and, advising or causing others to do any of the above without fraud or violence. 79. United Workers called a strike at the Manfield Coal Company in Benwood, West Virginia. The impoverished mine workers quickly caved and asked to be rehired. The mine owners agreed but only on one condition. The workers had to surrender their union charter and agree to a company union. The management made it a condition of employment that employees agree not to join a labor union. What is the kind of the contract that the mine workers have entered into? Answer: Prior to 1932 management often made it a condition of employment that employees agree not to join a labor union. Such agreements became known as yellow-dog contracts because any employee who would forsake the right to join fellow employees in unionization was considered a cowardly scoundrel (yellow dog). The mine workers at the Manfield Coal Company had to sign such a contract to be rehired for their jobs. 80. A union of American seamen was peacefully picketing a foreign ship operated entirely by a foreign crew under foreign articles while temporarily in an American port. They were protesting against loss of livelihood by American seamen to foreign flagships with substandard wages or substandard conditions and in order to prevent the foreign ship from unloading its foreign cargo in the American port. Does the federal court have the power to issue injunctions in the above case? Answer: No. The Norris- LaGuardia Act listed specific acts of persons and organizations participating in labor disputes that were not subject to federal court injunctions. Federal courts cannot enjoin: • Publicizing the existence of a labor dispute or the facts related to it (including picketing). 81. In a case involving interstate commerce, union carpenters refused to work for a brewing company by which they were employed, or on construction work being done for it and for its adjoining tenant; they attempted to persuade members of other unions similarly to refuse to work; they picketed the brewer's premises, displaying signs "Unfair to Organized Labor". In this case, are the actions of the employees protected from federal prosecution? Answer: Yes. The Norris- LaGuardia Act listed specific acts of persons and organizations participating in labor disputes that were not subject to federal court injunctions. Federal courts cannot enjoin: • Striking or quitting work. • Belonging to a labor organization. • Publicizing the existence of a labor dispute or the facts related to it (including picketing). • Assembling peaceably to promote interests in a labor dispute. The employees were peacefully picketing the brewer's premises. They were also striking by refusing to work. The Norris- La Guardia act forbids federal courts from serving injunctions on persons involved in the above mentioned acts. Thereby the actions of the workers escape any kind of prosecution. 82. Suppose nearly three-quarters of a million teachers, immigration officials, court workers, and other unionized civil servants were on a 24 hour strike. These workers were protesting harsh austerity policies by the American government that will ask poor and middle class Americans to sacrifice in the form of pension costs and pay cuts, but leave the rich largely untouched. Can this strike be enjoined by the Federal Courts? Answer: Although the Norris-LaGuardia Act greatly restricts the use of injunctions in labor disputes, it does not prohibit them altogether. An injunction may be issued to enjoin illegal strikes, such as ones by public employees. Therefore the strike by government servants can be enjoined by the Federal Courts. 83. What is meant by the term, "unfair labor practices"? Answer: Outlawed conduct by employers that generally has the effect of either preventing the organization of employees or emasculating their union should a union already exist, are defined in the Wagner Act as forbidden practices and are called unfair labor practices. 84. What significant impact did the Wagner Act have? Answer: Significant provisions of the Wagner Act: creating the NLRB to administer the Act; providing employees the right to select a union with exclusive power as their collective bargaining agent; outlawing certain management unfair labor practices; and, authorizing the NLRB do deal with unfair labor practices. 85. Mention the personnel who are exempt from the NLRB'S authority? Answer: Congress gave the NLRB jurisdiction over any business "affecting commerce." However, the following personnel are exempt from the NLRB's authority: • Governmental employees. • Persons covered by the Railway Labor Act. • Independent contractors. • Agricultural laborers. • Household, domestic workers. • Employees who work for their spouse or parents. 86. Apart from elections what is the other method of certifying an union? Answer: A union seeking to represent employees may solicit cards from them indicating their willingness for the union to represent them. An employer may then recognize the union as the bargaining agent for its employees if the cards are signed by a majority of the employees. Employers do not need to recognize the union based on a majority card showing and always have the option to insist on an election. But once an employer recognizes the union—no matter how informally—the employer is bound by the recognition and loses the right to seek an election. 87. Under the Wagner Act, what are the five unfair labor practices by management? Answer: Five unfair labor practices by management under the Wagner Act: 1) interference with employee efforts to create, join, or help a labor union; 2) domination of a labor union or contribution of financial or other aid to it; 3) discrimination in hiring or tenuring employee's for union affiliation; 4) discrimination against employees for filing charges or giving testimony under the Act; and, 5) refusal to bargain collectively in good faith with a duly designated representative of the employees. 88. A particular hospital placed a restriction on the use of e-mail by its employees. Employees regularly use the hospital computer system to communicate with each other on union matters. The hospital had never warned the union that its messages were being blocked which included one message which had urged unit member not volunteer for certain assignments. Is the blocking of the e-mail an example of an unfair labor practice? Answer: Yes. It amounts to interfering with "concerted activities for mutual aid or protection." This violation does not have to involve a union; the act protects any group of employees acting for their mutual aid and protection. The blocking of the e-mail was intimated to the union and the stoppage hampered the exchange of views on union matters by the employees. 89. Name the issues that are classified as compulsory bargaining issues in union negotiations? Answer: Compulsory issues include the following: union dues checkoff, health and accident insurance, safety rules, merit pay increases, incentive pay plans, Christmas and other bonuses, stock purchase plans, pensions, paid vacations and holidays, proposals for effective arbitration and grievance procedures, and no-strike and no-lockout clauses. 90. What are the major provisions of the Taft-Hartley Act? Answer: The major provisions of the Taft-Hartley Act are the following: 1) an eighty-day cooling off period in strikes that imperil the nation's health or safety; 2) reinforces the employer's freedom of speech in labor-management relations; 3) outlaws the closed shop concept, but allows union shops n the absence of a state right to work law; 4) permits suits by union members for a breach of contract suit against unions; and, 5) creates six unfair labor practices by unions. 91. When a threatened or actual strike or lockout, affecting an entire industry, that imperils national health or safety occurs or is imminent, what procedures does the Taft-Hartley Act mandate? Answer: When a threatened or actual strike, affecting an entire industry that imperils national health or safety occurs or is imminent, an 80-day cooling off period may be enforced. The president must recognize the emergency and appoint a board of inquiry to obtain facts regarding the strike or lockout. If the board finds that the national health or safety is indeed threatened, the president, through the attorney general, goes to federal court for an injunction ordering the union to suspend the strike (or the company to suspend the lockout) for 80 days. The Federal Mediation and Conciliation Service then works with the labor-management parties during the 80-day period to try to reach an agreement. If the reconciliation fails, the presidential board will hold new hearings and receive the company's final offer. This offer is presented to the union and the union membership votes to accept or reject the offer. If rejected, the strike or lockout may proceed indefinitely unless or until Congress passes new legislation solving the problem. 92. Drake worked for New Health, Inc, which placed him within a collective bargaining unit represented by a union. He was told that if he did not join the union and pay dues, he would be fired. Drake filed an unfair labor practice charge against the union and his employer with the NLRB. His employer dismissed the complaint on the grounds it is the official policy of the company. Is the company correct in making membership of an union mandatory for employment? Answer: Yes. The Taft-Hartley Act permits the union shop. In a union shop contract, also known as a union security clause, the employer agrees that after an employee is hired that employee must join the union as a condition of continued employment. 93. An organization informed the job applicants that they have to join one of the two unions in order to apply for a job in the organization. Two of the applicants had ideological differences and they therefore refused to join either of the unions. The third one had a dispute with one of them and therefore he too refused to join either of the unions. The applications of all the three individuals were dismissed on the grounds that joining one of the unions is the condition for employment. Does this act violate the Taft-Hartley Act? Answer: Yes. In essence, to apply for a prospective job, a person would have to join the union. These situations became known as closed shops. One of the major changes brought about by the Taft-Hartley Act was outlawing of the closed shop. The prospective applicants would not have to join any union in order to be eligible for a job in that particular organization. The concept of closed shops was outlawed by the Taft-Hartley Act. 94. What rights do workers enjoy in states with right to work laws? What is the worker's and the union's responsibility in such states? Answer: Workers in these states who do not belong to a union may not be required to pay representation fees to the union that represents the employees. They are subject to the terms of the collective bargaining agreement and the union must handle their grievances, if any, with management. 95. In the days of wood and coal engines, having a fireman on board a train was a reasonable requirement. But as diesel and electric engines came into use fire men were not required on the trains anymore. Despite that railroad companies were often required by the union contract to continue to employ firemen. What is this kind of unfair labor practice termed as? Answer: This kind of unfair labor practice is termed as featherbedding. It refers to the payment for work not actually performed. the fireman in diesel and electric engines are of no use but they are employed and paid on the insistence of the unions. 96. What are the six unfair labor practices by unions as established by the Taft-Hartley Act? Answer: The six unfair labor practices by unions in the Taft-Hartley Act are: • Restraining or coercing an employee to join a union or an employer in selecting representatives to bargain with the union. • Causing or attempting to cause the employer to discriminate against an employee who is not a union member unless there is a legal union shop agreement in effect. • Refusing to bargain with the employer if it is the NLRB-designated representative of the employees. • Striking, picketing, or engaging in secondary boycotts for illegal purposes. • Charging new members excessive or discriminatory initiation fees when there is a union shop agreement. • Causing an employer to pay for work not performed (featherbedding). 97. ColdBev is a California corporation engaged in the production, bottling, and distribution of beverages. In March 1949 it entered into a collective bargaining agreement concerning the wages, hours, and working conditions of its nonsupervisory employees with the United Employees' Association. Beginning in June 1949 the union engaged in activities designed to compel the company to recognize the union as the exclusive bargaining representatives of the company's employees. To enforce their demand for recognition, the union began peaceful picketing of retail stores which sold the plaintiff's products. Picket signs announced that the company's products were made by workers who were not members of the United Employees' Association. What are the activities indulged in by the United Employees' Association termed as? Are the activities legal? Answer: No these activities are not legal. These activities constitute a part of Jurisdictional strikes. These are unfair labor practices. A jurisdictional strike is used to force an employer to assign work to employees in one craft union rather than another. Here United Employees' Association is trying to force Cold Drinks Ltd to employ only those workers which are a part of the United Employees' Association. 98. Carpenters Brotherhood is a registered union with Fidelity Interior Construction. Fidelity Interior Construction started using non-union workers unable to fulfill the constant and unreasonable demands of the union. In retaliation the union launched a campaign to prevent the hiring of nonunion workers. It sent out "warning letters" to building owners, property managers and general contractors indicating it would retaliate against anyone doing business with Fidelity Interior Construction. If they didn't comply, the union emphasized that the business would be subject to picketing, noisemaking, chanting and other forms of worksite pressure. What is this kind of activity termed as? Are they legal? Answer: No they are not legal. It is an unfair labor practice for a union to threaten, coerce, or restrain a third person not party to a labor dispute for the purpose of causing that third person to exert pressure on the company involved in the labor dispute. This is termed as secondary boycotting. The Taft-Hartley Act requires that strikes and picketing be directed at Fidelity Interior Construction with which Carpenters Brotherhood actually has a labor dispute. 99. ACE at its Maspeth, New York facility consolidates, containerizes and forwards cargoes for sea shipment and removes incoming cargoes from containers. KAS, with offices in New York City, is an incorporated association of employers engaged in various operations involved in the shipment of cargo, freight and transportation of passengers in and out of the Port of New York. The Union is a labor organization. ACE contends that this loading and unloading had been performed by the Union members. Now instead of the Union the Trucking Co. performed the work of filling the containers with respect to outgoing cargoes and the unloading of incoming containers on ACE's Maspeth premises. ACE contends Union has been successful in getting KAS, including its employer-members to cease furnishing containers to ACE and to stop handling freight for ACE. What is this kind of activity by the Union referred to as? Is it legal? Answer: No, it is an unfair labor practice for both the employer involved and the union to enter into a hot- cargo contract. A hot-cargo contract is one in which an employer voluntarily agrees with a union that the employees should not be required by their employer to handle or work on goods or materials going to or coming from an employer designated by the union as "unfair." The law thus forbids an employer and a labor organization to make an agreement under which the employer agrees to stop doing business with any other employer. 100. Under what conditions is picketing to force an employer to recognize an uncertified union an unfair labor practice? Answer: Picketing to force an employer to recognize an uncertified union is an unfair labor practice in the following cases: 1. When the employer has lawfully recognized another union as the collective bargaining representative of its employees. 2. When a valid representation election has been conducted by the NLRB within the past 12 months. 3. When picketing has been conducted for an unreasonable time, in excess of 30 days, without a petition for a representation election being filed with the NLRB. Test Bank for The Legal and Regulatory Environment of Business O. Lee Reed, Marisa Pagnattaro, Daniel Cahoy, Peter Shedd, Jere Morehead 9780073524993, 9780077437336, 9781260161793
