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Employment Law > Topic 12 > Flashcards

Topic 12 Flashcards

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1
Q

An organization that represents workers in bargaining with employers.

A

Unions

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2
Q

The negotiation process between unions and employers.

A

Collective Bargaining

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3
Q

A work stoppage by mass refusal of employees to work.

A

Strike

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4
Q

A document whereby an employee agrees not to organize or join a union.

A

Yellow Dog Contract

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5
Q

A combination of two or more individuals planning to accomplish an unlawful purpose.

A

Common Law Criminal Conspiracy

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6
Q

A legal remedy that allows a court to order individuals to refrain from harmful acts.

A

Federal Injunction

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7
Q

A law that prevents anti-competitive behavior within local commerce.

A

Federal Anti-trust Law

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8
Q

Enacted in 1890, it prevents businesses from combining together to restrain trade and seeking monopoly business power; To limit employer monopoly power

A

Sherman Anti-Trust Act

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9
Q

Workers organizing into unions were considered a combination designed to restrain trade

A

How the Sherman Anti- Trust Act was used against unions

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10
Q

Enacted in 1914, it prohibits the elimination of unions.

A

Clayton Act

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11
Q

Enacted in 1932, it governs the interplay between unions and businesses.

A

Norris-LaGuardia Act

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12
Q

What is the Norris-LaGuardia Act also known as?

A

Federal Anti-Injunctive Act

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13
Q

Enacted in 1935, it establishes workers’ rights to form unions, collectively bargain, and strike.

A

National Labor Relations Act (NLRA)

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14
Q

Any effort by employees to join together to seek improvement in working conditions.

A

Concerted Activity

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15
Q

A community of people who align themselves with a common interest.

A

Community of Interests

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16
Q

A group of workers represented by a union in collective bargaining.

A

Official Bargaining Unit

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17
Q

A federal administrative agency that administers the provisions of the NLRA.

A

National Labor Relations Board

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18
Q

Unions form when workers with a ______________ align themselves to resolve similar workplace concerns.

A

Community of interests

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19
Q

Under the official rules of the NLRA, how many different unions can be the official bargaining unit for workers in a particular location or industry?

A

One

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20
Q

Enacted in 1947, it curbs union overreaching by protecting employee rights and prohibiting wildcat strikes.

A

Labor Management Relations Act of 1947

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21
Q

An illegal requirement that an employee be a union member.

A

Closed Union Shop

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22
Q

A bargaining clause that allows a condition that all employees must join the union once hired.

A

Union Shops

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23
Q

Laws that give employees the option to not join a union.

A

Right-to-work Laws

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24
Q

An employee who does not belong to a union, but benefits from union representation.

A

Free Riders

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25
Q

A strike not authorized by the union

A

Wildcat strike

26
Q

How many states have right-to-work protections?

A

24

27
Q

It is illegal to request non-union employees to pay union dues. (T/F)

A

False

28
Q

Enacted in 1959, it creates a union member “bill of rights” in order to empower union members and reduce union corruption.

A

Labor-Management Reporting and Disclosure Act of 1959 (LMRDA)

29
Q

A group’s refusal to deal with a business that is not directly involved in the dispute.

A

Secondary Boycotts

30
Q

A voluntary agreement in which a neutral employer agrees to cease doing business with another employer who deals directly with the firm in question.

A

“Hot Cargo” Agreements

31
Q

By the late 1950’s, the pendulum of public opinion swung further against organized labor due to the confirmed connection of the International Brotherhood of Teamsters to:`

A

Organized crime

32
Q

Nominate and vote for candidates in secret elections
Vote in elections and on union business
Attend union meetings

A

LMRDA union member “Bill of Rights”

33
Q

Under LMRDA, how often do unions need to hold elections for officers?

A

Every three years

34
Q

A concept that requires a mutual obligation of both parties to participate actively in negotiations by demonstrating intent to resolve a dispute.

A

Good Faith

35
Q

A required bargaining subject that involves wages, benefits, hours, and layoff procedures.

A

Mandatory Bargaining Subject

36
Q

A bargaining subject that either party may bring to the table, but over which the other party is not required to bargain.

A

Permissive Bargaining Subject

37
Q

A bargaining subject that cannot legally be implemented into a collective bargaining agreement.

A

Illegal Bargaining Subject

38
Q

A deadlock reached by two bargaining parties whereby an issue cannot be resolved.

A

Impasse

39
Q

An employer’s temporary work stoppage initiated during a labor dispute.

A

Lock Out

40
Q

After an election results in a union being formed, the NLRB designates the union as the _____________________________ and informs the employer.

A

Appropriate bargaining unit

41
Q

Under the process of collective bargaining, it is the union which is the sole representative of the workers’ interests, and no individual may negotiate a private work arrangement with the employer. (T/F)

A

True

42
Q

The employer’s duty to bargain in good faith includes an affirmative obligation to supply the union with information that is ______________ for the union to bargain intelligently and effectively.

A

Relevant and necessary

43
Q

The only time the employer is required to reveal financial information is when the employer argues a financial inability to meet union demands. (T/F)

A

True

44
Q

Any effort of an employer to co-opt the union by sponsoring activities, providing for union expenses, offering perks to union elites, or seeking the election of a particular worker to a union position constitutes a(n):

A

Unfair labor practice

45
Q

A stoppage of work based upon a union’s frustration that management will not meet its demands for improvements in wages, hours, and benefits.

A

Economic Strike

46
Q

A stoppage of work in order to pressure management to follow the law.

A

Unfair Labor Practices Strike

47
Q

A stoppage of work based upon a union’s frustration that management will not meet its demands for improvements in wages, hours, and benefits.

A

Economic Strike

48
Q

A procedure for resolving collective bargaining impasses by a mediator (third party with no formal authority) who acts as a facilitator and go-between in the negotiations.

A

Mediation

49
Q

Established by Taft-Hartley, an agency to help management and laborers settle labor contract disputes.

A

Federal Mediation and Conciliation Service (FMCS)

50
Q

Action by an employer or a union that restrains or coerces employees from exercising their rights to organize and bargain collectively or to refrain from doing so.

A

Unfair Labor Practice (ULP)

51
Q

Which organization needs to be notified if an impasse is reached between unions and employers?

A

FMCS

52
Q

An employer equivalent of a union strike is a/an:

A

Lockout

53
Q

Which of the following is a legal union strike activity?

A

Seeking media attention

54
Q

Why does the NRLA allow employees to strike and employers to perform lockouts?

A

To put pressure on the other side to come to the bargaining table

55
Q

What is the threshold number of workers needed to sign authorization cards to seek union formation from the NLRB?

A

30 percent

56
Q

Why did Congress pass the Taft-Hartley Act?

A

To curb union overreaching

57
Q

Laws that give workers the freedom to not join a union are known as:

A

Right-to-work laws

58
Q

Under the Taft-Hartley Act, the executive branch of the federal government is empowered to obtain legal strikebreaking injunctions in the courts if an impending or current strike imperils:

A

National health and safety

59
Q

In an effort to empower union members and to reduce union elite corruption, Congress enacted the:

A

Labor-Management Reporting and Disclosure Act

60
Q

The LMRDA does not displace state laws governing unions’ relations with their members except to the extent that those state laws would conflict with federal law. (T/F)

A

True

61
Q

Picketing other businesses that provide goods and services to the union’s employer is known as:

A

Secondary picketing

Employment Law (12 decks)

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