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Law 101 Chapter 15 > Chapter 22 > Flashcards

Chapter 22 Flashcards

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1
Q

1) The largest union in the United States is the __________.

	A)   American Federation of Labor and Congress of Industrial Organizations	
	B)   United Auto Workers
	C)   Teamsters Union
	D)   National Education Association
	E)   Industrial Workers of the World
A

D) National Education Association

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2
Q

2) In 2019, the union membership rate was the highest for __________.

	A)   local government	
	B)   industrial workers
	C)   domestic workers
	D)   federal government
	E)   medical support staff
A

A) local government

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3
Q

3) The main purpose of the Clayton Act of 1914 was to __________.

A)   enable greater management control over workers	
B)   ensure shorter work weeks
C)   establish the National Labor Relations Board
D)   force employers to pay a minimum wage
E)   strengthen the antitrust laws
A

E) strengthen the antitrust laws

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4
Q

4) The first federal statute of any importance to the labor movement is the __________.

	A)   Clayton Act	
	B)   Railway Labor Act
	C)   Norris-LaGuardia Act
	D)   Wagner Act
	E)   Taft-Hartley Act
A

A) Clayton Act

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5
Q

5) Between 1890 and 1914, employers prevented strong labor union representation by arguing that there was illegal restraint of trade under the __________ when employees acted together

	A)   Clayton Act	
	B)   Norris-LaGuardia Act
	C)   Sherman Act
	D)   Taft-Hartley Act
	E)   Wagner Act
A

C) Sherman Act

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6
Q

6) Which of the following governs collective bargaining for airlines?

	A)   Taft-Hartley Act	
	B)   Wagner Act
	C)   Norris-LaGuardia Act
	D)   Clayton Act
	E)   Railway Labor Act
A

E) Railway Labor Act

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7
Q

7) The three-member National Mediation Board was established by the __________.

	A)   Norris-LaGuardia Act	
	B)   Railway Labor Act
	C)   Sherman Act
	D)   Taft-Hartley Act
	E)   Wagner Act
A

B) Railway Labor Act

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8
Q

8) Which of the following acts allowed states to enact right-to-work laws?

	A)   Taft-Hartley Act	
	B)   Landrum-Griffin Act
	C)   Wagner Act
	D)   Norris-LaGuardia Act
	E)   Clayton Act
A

A) Taft-Hartley Act

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9
Q

9) The Taft-Hartley Act created the __________ to assist in the settlement of labor disputes.

A)   National Labor Relations Board	
B)   Federal Dispute Resolution Board
C)   Federal Mediation and Conciliation Service
D)   Labor-Management Reporting and Disclosure Service
E)   Union Employer Mediation Service
A

C) Federal Mediation and Conciliation Service

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10
Q

10) 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 National Labor Relations Board 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 the settlement of labor disputes.
E)   It created a Bill of Rights for union members.
A

E) It created a Bill of Rights for union members.

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11
Q

11) The __________ was established by the Railway Labor Act.

	A)   Federal Dispute Resolution Board	
	B)   Federal Mediation and Conciliation Service
	C)   National Labor Relations Board
	D)   National Mediation Board
	E)   Transportation Service Board
A

D) National Mediation Board

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12
Q

12) Passed in 1932, the __________ made yellow-dog contracts illegal.

	A)   Clayton Act	
	B)   Norris-LaGuardia Act
	C)   Wagner Act
	D)   Sherman Act
	E)   Comstock Act
A

B) Norris-LaGuardia Act

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13
Q

13) Employee agreements not to join labor unions as a condition of employment are known as __________.

	A)   anti-fraternization contracts	
	B)   yellow-dog contracts
	C)   anti-socialization contracts
	D)   featherbedding contracts
	E)   free rider contracts
A

B) yellow-dog contracts

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14
Q

14) Which of the following statements is true of the collective bargaining process of the National Mediation Board (NMB)?

A)   It prohibits voluntary arbitration.	
B)   It is mandatory for parties to comply with a special emergency board’s proposal.
C)   A period of six months is stipulated for a special emergency board to make recommendations for settlement.
D)   The NMB considers lockouts by management legal if no new collective bargaining agreement is reached after a 60-day period.
E)   The special emergency board appointed by the NMB has judicial power.
A

D) The NMB considers lockouts by management legal if no new collective bargaining agreement is reached after a 60-day period.

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15
Q

15) Which of the following statements is true of the Norris-LaGuardia Act?

A)   It restricts the use of federal court injunctions in labor disputes.	
B)   It limits the jurisdiction of state courts in issuing injunctions.
C)   It bars the issue of an injunction to enjoin illegal strikes.
D)   It permits federal court injunctions against persons striking or quitting work.
E)   It permits federal court injunctions against paying unemployment benefits to participants in a labor dispute.
A

A) It restricts the use of federal court injunctions in labor disputes

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16
Q

16) The Wagner Act is also known as the __________.

	A)   Labor-Management Relations Act	
	B)   National Labor Relations Act
	C)   Railway Labor Act
	D)   Right-to-work Act
	E)   Federal Arbitration Act
A

B) National Labor Relations Act

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17
Q

17) __________ authorized the National Labor Relations Board to hold hearings on unfair labor practices and correct wrongs resulting from them.

	A)   The Railway Labor Act	
	B)   The Wagner Act
	C)   The Sherman Act
	D)   The Clayton Act
	E)   The Federal Arbitration Act
A

B) The Wagner Act

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18
Q

18) Congress explicitly affirmed labor’s right to organize and to bargain collectively with the enactment of the __________.

	A)   Wagner Act	
	B)   Taft-Hartley Act
	C)   Norris-LaGuardia Act
	D)   Clayton Act
	E)   Comstock Act
A

A) Wagner Act

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19
Q

19) The members of the National Labor Relations Board each serve staggered terms of __________.

	A)   2 years	
	B)   3 years
	C)   5 years
	D)   7 years
	E)   10 years
A

C) 5 years

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20
Q

20) The __________ appoints members of the National Labor Relations Board with the advice and consent of the __________.

A)   Department of Transportation; president	
B)   Senate; general counsel
C)   general counsel; Department of Justice
D)   president; Senate
E)   Department of Justice; Department of Transportation
A

D) president; Senate

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21
Q

21) Which of the following personnel are exempt from the authority of the National Labor Relations Board?

A)   persons covered by the Wagner Act	
B)   persons covered by the Norris-LaGuardia Act
C)   persons covered by the Railway Labor Act
D)   persons covered by the Clayton Act
E)   persons covered by the Sherman Act
A

C) persons covered by the Railway Labor Act

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22
Q

22) The National Labor Relations Board conducts certification elections upon receipt of a petition signed by at least __________.

	A)   40 percent of the employees	
	B)   60 percent of the employees
	C)   30 percent of the employees
	D)   70 percent of the employees
	E)   10 percent of the employees
A

C) 30 percent of the employees

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23
Q

23) The National Labor Relations Board (NLRB) decides __________ for the purposes of collective bargaining and, therefore, which employees are entitled to vote in a certification election.

A)   what location is appropriate	
B)   what unit of employees is appropriate
C)   what percentage of employees is appropriate
D)   which union is appropriate
E)   which method is appropriate
A

B) what unit of employees is appropriate

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24
Q

24) Congress gave the National Labor Relations Board jurisdiction over __________.

	A)   governmental employees	
	B)   businesses and persons covered by the Railway Labor Act
	C)   agricultural laborers
	D)   any business affecting commerce
	E)   independent contractors
A

D) any business affecting commerce

25
Q

25) Timothy and Jack work together at a clinic that helps care for veterans with Post-Traumatic Stress Disorder. The two frequently communicate over phone and text during and after work. Jack often criticizes his fellow employees for their poor work ethic and inadequate care of patients. One day, Jack texts Timothy that he is going to tell their boss his concerns about poor employee performance. Timothy goes home and, on his personal computer, posts on his Twitter account that “Jack, a coworker, feels we don’t help our patients enough. I’m done. How do my fellow caregivers feel?” Four coworkers respond to the tweet from their personal computers, saying that they disagree their work is substandard. Jack tells his boss he is being slandered and defamed and the boss fires Timothy and the other four coworkers for bullying and harassment based on the Twitter conversation. Timothy brings the case before National Labor Relations Board (NLRB). What is the likely result?

A)   The NLRB will likely find the Twitter conversation is a protected, concerted activity.	
B)   The NLRB will likely uphold the firing of Timothy and his coworkers.
C)   The NLRB will likely find that the Twitter conversation is a form of bullying and harassment.
D)   The NLRB will not reverse the firing of the employees because their boss can limit employees’ personal use of social media.
E)   The NLRB will likely find that the firing does not violate the National Labor Relations Act.
A

A) The NLRB will likely find the Twitter conversation is a protected, concerted activity.

26
Q

26) Which of the following agencies has been granted the authority to conduct quasi-judicial hearings to investigate and enforce sanctions if unfair labor practices occur?

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
A

D) National Labor Relations Board

27
Q

27) Which of the following statements is true of elections that certify unions?

A)   They are conducted by cards signed by the employees.	
B)   The employees decide who are entitled to vote in certification elections.
C)   The employer decides what unit of employees is appropriate for the purposes of collective bargaining.
D)   They are public and open to any employee.
E)   They are supervised by the National Labor Relations Board.
A

E) They are supervised by the National Labor Relations Board.

28
Q

28) After a National Labor Relations Board certification election, another is not permitted for __________.

	A)   five years	
	B)   four years
	C)   three years
	D)   one year
	E)   two years
A

D) one year

29
Q

29) In 1935, the labor movement received its greatest stimulus for growth with the enactment of the __________.

	A)   National Labor Relations Act	
	B)   Labor-Management Relations Act
	C)   Norris-LaGuardia Act
	D)   Sherman Act
	E)   Clayton Act
A

A) National Labor Relations Act

30
Q

30) The National Labor Relations Board consists of __________.

	A)   four members	
	B)   seven members
	C)   nine members
	D)   five members
	E)   three members
A

D) five members

31
Q

31) Which of the following statements is true of the certification of a union by use of cards?

A)   The certification of a union through cards takes place by secret ballot.	
B)   Under no circumstances can cards substitute for an election.
C)   Employers generally have the option to insist on an election.
D)   Employers must recognize the union based on a majority card showing.
E)   The general counsel of the National Labor Relations Board needs to prove that the employees read the cards.
A

C) Employers generally have the option to insist on an election.

32
Q

32) Under the Wagner Act, any organization of employees must __________.

A)   be completely independent of their employers	
B)   be approved by their employers
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
A

A) be completely independent of their employers

33
Q

33) One unfair labor practice under the Wagner Act is an employer __________.

A)   refusing to encourage membership in a labor organization	
B)   requiring job applicants to answer whether they would cross a picket line in a strike
C)   refusing to permit a union to use its telephone
D)   remaining neutral when there is a controversy between competing unions
E)   refusing to support a union by giving it a meeting place
A

B) requiring job applicants to answer whether they would cross a picket line in a strike

34
Q

34) __________ 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
A

D) Compulsory bargaining issues

35
Q

35) In classifying collective bargaining subjects, especially in the area of terms or conditions of employment, courts tend to defer to the special expertise of the __________.

	A)   Department of Labor	
	B)   Department of Commerce
	C)   National Labor Relations Board
	D)   Federal Trade Commission
	E)   Department of the Interior
A

C) National Labor Relations Board

36
Q

36) Regarding compulsory bargaining issues between an employer and the employee union, which of the following statements is true?

A)   Under no circumstances can parties take steps that are against best interests of the other party.	
B)   Courts tend to defer to the Department of Labor in classifying collective bargaining subjects, especially in the area of terms or conditions of employment.
C)   Both the employer and the union must make concessions to the other concerning a mandatory subject of bargaining.
D)   Tying a voluntary bargaining issue to a compulsory bargaining issue is in effect an unfair labor practice.
E)   In-plant food and related services are not compulsory bargaining issues.
A

D) Tying a voluntary bargaining issue to a compulsory bargaining issue is in effect an unfair labor practice.

37
Q

37) The Labor-Management Relations Act was enacted in 1947 to amend the Wagner Act to __________.

A)   ensure that employers support unions by providing them with facilities	
B)   limit management retaliation for unionization
C)   balance the bargaining power between employers and unions
D)   strengthen antitrust laws
E)   establish a federal minimum wage
A

C) balance the bargaining power between employers and unions

38
Q

38) The Taft-Hartley Act provides injunction power against __________.

A)   all strikes and lockouts that involve private employees	
B)   all strikes and lockouts that create a national emergency
C)   all strikes and lockouts that involve the interstate sale of goods
D)   shutdown of companies in cases involving natural disasters
E)   mass layoffs by companies in cases involving right sizing
A

B) all strikes and lockouts that create a national emergency

39
Q

39) Congress authorized the Federal Mediation and Conciliation Service to help achieve the goals of the __________.

	A)   Clayton Act	
	B)   Sherman Act
	C)   Wagner Act
	D)   Taft-Hartley Act
	E)   Comstock Act
A

D) Taft-Hartley Act

40
Q

40) Arrow, Incorporated steelworkers are unionized. The steelworkers want higher wages. When Arrow refuses to bargain on wages, the workers vote to strike. This strike has the potential to paralyze the entire steel industry. Which of the following statements is true under the Taft-Hartley Act?

A)   An 80-day cooling-off period may apply in this situation.	
B)   The union cannot strike if Arrow gives them a valid reason for not increasing their wages.
C)   The steelworkers have violated the Taft-Hartley Act by striking for an increase in wages.
D)   A cooling-off period would not be applicable in this situation.
E)   The steelworkers would be held guilty of precipitating a state of national emergency.
A

A) An 80-day cooling-off period may apply in this situation.

41
Q

41) Lois has applied for a job at OneStop Everyday Market, a grocery store chain. She is told that after thirty days she is required to join the union representing the employees of OneStop. In this case, OneStop Everyday Market is a(n) __________.

	A)   agency shop	
	B)   union shop
	C)   right-to-work shop
	D)   sweatshop
	E)   open shop
A

B) union shop

42
Q

42) A place of employment that requires a person to be a union member before applying for a job is said to be a(n) __________.

	A)   limited access shop	
	B)   open shop
	C)   closed shop
	D)   mandatory membership shop
	E)   agency shop
A

C) closed shop

43
Q

43) One of the major changes brought about by the Taft-Hartley Act was the outlawing of the __________.

	A)   union shop	
	B)   open shop
	C)   closed shop
	D)   hot-cargo contract
	E)   yellow-dog contract
A

C) closed shop

44
Q

44) __________ laws prohibit agreements requiring membership in a labor organization as a condition of continued employment for a person who was not in the union when hired

	A)   Right-to-work	
	B)   Right-to-wage
	C)   Right-to-union
	D)   Right-to-choice
	E)   Right-to-information
A

A) Right-to-work

45
Q

45) Anita is an employee at Monde Global Corporation, but not a member of the workers union. The company is located in a right-to-work state. Which of the following statements is true?

A)   Anita has to enter into an agreement requiring membership in a union as a condition of continued employment.	
B)   The union must still collect a non-association fee from Anita.
C)   Anita is required to pay representation fees to the union.
D)   Anita is subject to the terms of the collective bargaining agreement.
E)   The union cannot handle Anita’s grievances, if any, with the management.
A

D) Anita is subject to the terms of the collective bargaining agreement.

46
Q

46) Which of the following statements is true of lawsuits against unions?

A)   Individuals who violate 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, National Labor Relations Board’s authority is not exclusive.
E)   Since workers can bargain individually when represented by a union, the union has an implied duty of fair representation to act reasonably, with honesty of purpose, and in good faith.
A

D) If a union activity is both an unfair labor practice and a breach of a collective bargaining agreement, National Labor Relations Board’s authority is not exclusive.

47
Q

47) Regarding the Taft-Hartley Act, which of the following statements is true?

A)   It allows individuals to be sued for violating no-strike provisions of a collective bargaining contract.	
B)   It authorized the National Labor Relations Board to conduct hearings on unfair labor practice allegations.
C)   It created the National Labor Relations Board to administer the act.
D)   It established and defined six unfair labor practices by employers.
E)   It established that a labor organization is responsible for the acts of its agents and may sue or be sued.
A

E) It established that a labor organization is responsible for the acts of its agents and may sue or be sued.

48
Q

48) Which of the following statements is true of a local union?

A)   It can be sued for failing to enforce the international union’s constitution and bylaws.	
B)   It can disregard national bylaws if the local membership has voted to do so.
C)   It is bound by international bylaws only if they are unanimously approved by its members.
D)   It cannot be sued by anyone except the national union of which it is a part.
E)   It can sue a member of the union for not bargaining individually when represented by the union.
A

A) It can be sued for failing to enforce the international union’s constitution and bylaws.

49
Q

49) Which of the following statements is true of unions?

A)   They can by sued only by the employees for a breach of contract and not by the employers.	
B)   They can be sued for failure to represent nonunion workers in their bargaining unit impartially and without hostile discrimination.
C)   They represent only those members of a bargaining unit who pay dues.
D)   They can sue a union member for not bargaining individually when represented by the union.
E)   They cannot represent those who are nonunion in bargaining.
A

B) They can be sued for failure to represent nonunion workers in their bargaining unit impartially and without hostile discrimination.

50
Q

50) The dispute in a jurisdictional strike is between __________.

	A)   an employee and a union	
	B)   two employees
	C)   the national and local chapters
	D)   two unions
	E)   the government and a union
A

D) two unions

51
Q

51) __________ are used to force an employer to assign work to employees in one craft union rather than another.

	A)   Hot-cargo contracts	
	B)   Union security clauses
	C)   Yellow-dog contracts
	D)   Jurisdictional strikes
	E)   Vertical restraints
A

D) Jurisdictional strikes

52
Q

52) Which of the following statements is true of jurisdictional strikes?

A)   They are legal only if it is between a union member and management.	
B)   They involve more than one employer.
C)   They are unfair labor practices.
D)   They are a fair way for unions to gain bargaining position.
E)   They help employers to rein in erring unions.
A

C) They are unfair labor practices.

53
Q

53) A __________ 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.”

	A)   yellow-dog contract	
	B)   hot-cargo contract
	C)   voluntary arbitration contract
	D)   union clause
	E)   take-it-or-leave-it demand
A

B) hot-cargo contract

54
Q

54) 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)   it has been conducted with an aim to prevent secondary boycotts
C)   a valid representation election has been conducted by the National Labor Relations Board within the past 12 months
D)   it has been conducted for an unreasonable time, in excess of 10 days
E)   it has been conducted with a petition for a representation election being filed with the National Labor Relations Board
A

C) a valid representation election has been conducted by the National Labor Relations Board within the past 12 months

55
Q

55) It is an unfair labor practice to picket to force an employer to recognize an uncertified union when __________.

A)   it has been conducted for an unreasonable amount of time, in excess of 30 days, without filing a petition for a representation election with the National Labor Relations Board	
B)   it has been more than a year since a valid representation election has been conducted by the National Labor Relations Board
C)   the members of the uncertified union have signed a hot-cargo contract
D)   the members of the uncertified union have signed a yellow-dog contract
E)   the employer has not recognized a union as the collective bargaining representative of its employees
A

A) it has been conducted for an unreasonable amount of time, in excess of 30 days, without filing a petition for a representation election with the National Labor Relations Board

56
Q

56) 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
A

B) Labor-Management Reporting and Disclosure Act

57
Q

57) The Landrum-Griffin Act prohibits __________.

	A)   secondary boycotts	
	B)   strikes
	C)   lockouts
	D)   yellow-dog contracts
	E)   whistleblowing
A

A) secondary boycotts

58
Q

58) Which of the following is not an unfair labor practice by a union?
A) Coercing an employee to join a union
B) Causing an employer to pay for work not performed
C) Contributing, financially or otherwise, to a union
D) Agreeing with an employer to engage in a secondary boycott
E) Striking or picketing for illegal purposes

A

C) Contributing, financially or otherwise, to a union

Law 101 Chapter 15 (4 decks)

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