Topic 12: Labor Law Flashcards
What is collective bargaining?
Collective bargaining is the negotiation process between labor unions and employers to improve conditions of employment.
When did labor unions begin to form in the United States, and why?
Labor unions began forming in the early 1820s to advocate for better working conditions, including a 10-hour workday, elimination of child labor, and five-day workweeks.
What were the main concerns that led workers to organize into unions during the early 20th century?
Workers organized due to unsafe factory conditions, low wages, long hours, no job security, and lack of benefits.
What was the primary leverage that unions used to negotiate with employers?
The strike, or mass refusal of employees to work, was the primary leverage used by unions.
What was a “yellow dog contract”?
A yellow dog contract was an agreement where employees pledged not to join or organize a union as a condition of employment.
How did businesses use criminal conspiracy laws against unions?
Businesses claimed that workers organizing to influence wages and trade was unlawful, leading to prosecution and fines for union organizers under conspiracy laws.
How did businesses use federal injunctions against unions?
Businesses obtained court injunctions to ban strikes and organizing activities, often with broad restrictions based on judges’ interpretations of “irreparable harm.”
How was the Sherman Anti-Trust Act used against labor unions?
The Supreme Court ruled in 1908 that union organizing restrained trade, making it a violation of the Sherman Anti-Trust Act, which was originally intended to prevent business monopolies.
How did businesses use federal anti-trust law to eliminate competition during the Industrial Revolution?
Businesses sought monopoly power by consolidating into trusts, making price agreements, dividing territories, and forming associations to eliminate competition.
What is collective bargaining?
The negotiation process in which unions represent workers in bargaining with employers to improve conditions of employment
Groups coming together to bid for the right to work on specific jobs
When a person collects data from as many people within a company as possible before negotiating his/her salary
When a sales team works together with a purchasing team to make a final transaction
The negotiation process in which unions represent workers in bargaining with employers to improve conditions of employment
From the text, “Unions are organizations that represent workers in bargaining with employers to improve conditions of employment. This negotiation process is known as collective bargaining.”
What is a strike?
Workers refuse to stop working, even after termination
A work stoppage by mass refusal of employees to work
Employers ban employees from coming to work
The process of banning together to destroy company property
A work stoppage by mass refusal of employees to work
From the text, “The main leverage which unions used was the strike: a work stoppage by mass refusal of employees to work.”
A tool employers used to limit the power of unions was prosecution of unionizing workers under common law criminal conspiracy laws. What is considered a conspiracy?
Anytime a person or group of persons breaks the law
A group of people discussing theories of government secrets
A combination of two or more persons to accomplish an unlawful purpose
A single person devising a way to break the law
A combination of two or more persons to accomplish an unlawful purpose
From the text, “A conspiracy is a combination of two or more persons planning to accomplish an unlawful purpose.”
How was the Sherman Anti-Trust act used against unions?
The act set a maximum amount of workers to be allowed in any given union
Workers organizing into unions were considered a combination designed to restrain trade
It made it impossible for union activities to be held on the employer’s property
It banned the use of unions in the manufacturing environment
Workers organizing into unions were considered a combination designed to restrain trade
From the text, “Congress acted to limit this monopoly power by enacting the Sherman Anti-Trust Act, which made it unlawful to: (1) combine together to restrain trade, and (2) to seek monopoly business power. In an ironic twist, the Sherman Anti-Trust Act, which was designed to curtail business abuses, was used against union organizing efforts. In 1908, the Supreme Court held that workers organizing into unions was a combination designed to restrain trade and, therefore, violated the Sherman Anti-Trust Act.”
The Sherman Anti-Trust Act made it unlawful to:
A. Combine together to restrain trade
B. Seek monopoly business power
C. Create unions within manufacturing
Both A and B
Both A and B
Congress acted to limit monopoly power “by enacting the Sherman Anti-Trust Act, which made it unlawful to: (1) combine together to restrain trade, and (2) to seek monopoly business power.”
How did the Clayton Act of 1914 impact labor unions?
The Clayton Act prohibited the elimination of unions and exempted union organizing efforts from the Sherman Anti-Trust Act, but it also allowed unions to consolidate power and drive out alternative bargaining groups.
What was the Norris-LaGuardia Act of 1932, and why was it significant?
Also known as the Federal Anti-Injunctive Act, it legitimized unions, recognized collective bargaining as essential for workers, restricted federal court intervention in labor disputes, and outlawed yellow dog contracts.
How did the Norris-LaGuardia Act differ from the Clayton Act in its effectiveness?
Unlike the Clayton Act, which was narrowly interpreted by courts, the Norris-LaGuardia Act clearly stated Congress’s intent, making courts less inclined to limit its application, thereby granting unions broader rights.
Which of the following statements was a purpose of the Clayton Act of 1914?
Prohibited the elimination of unions
Made it legal to eliminate unions altogether
Forced all major manufacturing plants to support unions
Counteracted the Sherman Anti-Trust Act to make monopolies legal again
Prohibited the elimination of unions
From the text, “…in 1914, Congress passed the Clayton Act, which prohibited the elimination of unions and expressly removed union organizing efforts from the “anti-combination” language of the Sherman Anti-Trust Act.”
What is the Norris-LaGuardia Act also known as?
The Clayton Act
Federal Anti-Injunctive Act
Federal Anti-Trust Act
Sherman Anti-Trust Act
Federal Anti-Injunctive Act
The Norris-LaGuardia Act of 1932 is also known as the Federal Anti-Injunctive Act.
What made the Norris-LaGuardia Act so significant?
It was the first act passed involving unions
It was the first act that allowed protected classes to form their own unions
It returned all the labor power back into the hands of the employers
It was the first comprehensive labor statute governing the interplay between unions and business
It was the first comprehensive labor statute governing the interplay between unions and business
From the text, “Norris-LaGuardia was the first significant comprehensive labor statute governing the interplay between unions and business.”
Which of the following is not an action taken by the Norris-LaGuardia Act?
It formally established the legitimacy of unions and labor organizing efforts
It articulated that employment to a worker was more significant than the worker to the firm
It established a public policy recognizing that collective bargaining was the only way workers could effect meaningful change in the conditions of their employment
It declared yellow dog contracts against public policy and rendered them enforceable in any United States court.
It declared yellow dog contracts against public policy and rendered them enforceable in any United States court.
What was the major end result of the clearly-written Norris-LaGuardia Act?
Unions were permitted to engage in a broad range of collective bargaining activities
Nearly 50% of all labor unions disbanded due to the harsh restrictions on collective bargaining
The act was relatively ineffective and caused no noticeable results
Protected classes were able to participate in unions
Unions were permitted to engage in a broad range of collective bargaining activities
From the text, “Because Congress stated the intent of the Norris-LaGuardia Act so clearly, federal courts were less inclined to read it narrowly, as they had done the Clayton Act. Consequently, Norris-LaGuardia permitted unions to freely engage in a broad range of collective bargaining activities.”
What is the National Labor Relations Act (NLRA), also known as the Wagner Act?
The NLRA, passed in 1935, established the right of workers to form unions, collectively bargain, and strike, and created the National Labor Relations Board (NLRB) to enforce these rights.
What federal agency was created to administer the provisions of the NLRA?
National Labor Relations Board (NLRB), a federal administrative agency empowered with legal authority to issue orders to remedy unfair labor practices, oversee union elections, and decertify unions.
What is “concerted activity” under the NLRA?
Concerted activity refers to workers joining together to improve working conditions, whether in a union or not, and is protected by the NLRA.
What are the steps required to form a union under the NLRA?
Workers must share a community of interests, collect at least 30% of signatures on authorization cards, and petition the NLRB to authorize an election.
What is the role of the National Labor Relations Board (NLRB)?
The NLRB safeguards employees’ rights to organize, supervises union elections, prevents unfair labor practices, and adjudicates labor disputes.
How does the NLRB enforce its rulings?
The NLRB may adjudicate disputes through administrative law judges and compel compliance by appealing to the U.S. Court of Appeals.
How did the NLRB rule in the Butler Medical Transport case regarding social media posts?
The NLRB ruled that a post supporting a fired employee’s labor complaint was protected concerted activity, but a false statement about company vehicles was not protected.
Why did the NLRB find Butler Medical Transport’s social media policy unlawful?
The policy was overly broad and could be interpreted as restricting employees from engaging in protected concerted activity.
What are the prima facie elements the NLRB must establish to show employer discrimination against concerted activity?
A worker engaged in concerted activity.
The employer was aware of the concerted activity.
The employer demonstrated hostility toward the concerted activity.
That hostility led to a denial of an employment benefit to the worker.
What happens when a union election is authorized by the NLRB?
The employer must provide the NLRB with a list of eligible workers and cannot interfere with the election process in any way.
How does the NLRB determine an appropriate bargaining unit for a union?
The NLRB analyzes whether the workers share common job duties, skills, pay, supervision, and other factors.
What actions are considered unfair labor practices by an employer under the NLRA?
Interfering with employees’ right to organize.
Retaliating against employees for union activity.
Refusing to bargain in good faith with a union.
What actions are considered unfair labor practices by a union under the NLRA?
Coercing employees to join a union.
Refusing to bargain in good faith.
Engaging in secondary boycotts or unlawful strikes.
What rights do employees have under the NLRA regarding unionization?
Employees have the right to form, join, or assist a union and to bargain collectively through chosen representatives.
How does the NLRB handle cases related to employer policies on social media?
The NLRB evaluates whether employer policies unlawfully restrict employees from discussing working conditions or engaging in protected concerted activity.
What federal agency was created to administer the provisions of the NLRA?
Department of Workforce Services
National Labor Relations Board
National Labor Management Relations Board
Department of Reporting and Disclosure
National Labor Relations Board
From the text, “To administer the provisions of the NLRA, Congress created the National Labor Relations Board (NLRB), a federal administrative agency empowered with legal authority to issue orders to remedy unfair labor practices, oversee union elections, and decertify unions.”
In the labor law context, what is Concerted Activity?
When union members break contract and void the agreement between the employer and the union.
Any act by which an employer illegally attempts to disrupt the formation of union efforts
Any and all efforts of workers to join together to seek working condition improvements from management
When employees take bargaining upon themselves and do not rely on collective bargaining
Any and all efforts of workers to join together to seek working condition improvements from management
From the text, “Concerted activity – whether as part of a union or not – is any and all efforts of workers to join together to seek working condition improvements from management. The exact language of the statute states that the NLRA protects any worker who “engage[s] in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.””
Which of the following is not a prima facie case element to show worker discrimination for a concerted activity?
The employer demonstrated hostility to the concerted activity
The employer attends all concerted activities of the employee
The employer was aware of the concerted activity
A worker engaged in concerted activity
The employer attends all concerted activities of the employee
The full list of elements for a prima facie case is as follows: 1) A worker engaged in concerted activity; 2) The employer was aware of the concerted activity; 3) The employer demonstrated hostility to the concerted activity; and 4) That hostility led to a denial of an employment benefit to the worker.
Unions form when workers with a ______________ align themselves to resolve similar workplace concerns.
Large amount of complaints
Majority of employment
Community of interests
Similar scope of responsibilities
Community of interests
From the text, “Unions form when workers with a community of interests align themselves to resolve similar workplace concerns.”
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?
Two
As many as needed
Less than five
One
One
From the text, “Under the rules of the NLRA, only one union may be designated as the official bargaining unit for workers in a particular location or industry.”
What was the primary purpose of the Taft-Hartley Act of 1947?
The Taft-Hartley Act was designed to curb union overreach by amending the NLRA, protecting workers’ rights not to engage in union activities, and outlining unfair labor practices by unions.
What types of strikes were prohibited under the Taft-Hartley Act?
Taft-Hartley prohibited wildcat strikes, solidarity or political strikes, and secondary boycotts.
What is a closed shop, and how did the Taft-Hartley Act impact it?
A closed shop is a workplace where union membership is a condition of employment. Taft-Hartley made closed shops illegal.
What are right-to-work laws, and how did the Taft-Hartley Act enable them?
Right-to-work laws allow workers to opt out of joining a union. Taft-Hartley permitted states to pass these laws, restricting union shops.
What are “free riders” in the context of union membership?
Free riders are non-union workers who benefit from union representation without paying union dues.
What limitations did the Supreme Court impose on union service fees used for political purposes?
The Supreme Court ruled in 1991 that union service fees for political purposes were permissible if they were germane to collective bargaining, justified for labor peace, and did not unduly burden free speech.
How did the Taft-Hartley Act empower the federal government to intervene in strikes?
It allowed the executive branch to seek legal injunctions to break strikes that threatened national health or safety.
When did President Bush use the Taft-Hartley Act to intervene in a strike?
In 2002, President Bush shut down an 11-day West Coast port workers’ strike that was costing the economy $1 billion a day.
What was the impact of the Taft-Hartley Act on union election victories?
After its passage, union victories in NLRB-supervised elections declined.
How did Taft-Hartley restrict union political activities?
It prohibited unions from making direct monetary contributions to federal political campaigns.
What is a union shop, and how did the Taft-Hartley Act affect it?
A union shop requires workers to join the union after being hired. Taft-Hartley heavily restricted union shops by allowing states to pass right-to-work laws.
What is secondary picketing, and what did the Taft-Hartley Act say about it?
Secondary picketing is a protest against a business that does not directly employ the striking workers. Taft-Hartley prohibited it.
What is a solidarity strike, and how did the Taft-Hartley Act regulate it?
A solidarity strike is when workers strike in support of another union. Taft-Hartley made these strikes illegal.
The Taft-Hartley Act prohibits wildcat strikes. What is a wildcat strike?
A violent strike intent on causing physical harm to non-union workers
A strike designed to damage the employer’s property
A strike not authorized by the union
When workers purposefully perform working tasks incorrectly to destroy the profits of the employer
A strike not authorized by the union
From the text, “Taft–Hartley … prohibited wildcat strikes (strikes not authorized by the union), solidarity or political strikes, secondary boycotts (employment action in support of another union), secondary and mass picketing, monetary donations by unions to federal political campaigns, and closed shops.”
What is a closed union shop?
One that makes union membership a condition of employment
One that does not allow minorities to enter
An employer that does not allow unions of any kind
One that is on strike for a period of six months
One that makes union membership a condition of employment
From the text, “Taft-Hartley also made illegal a closed union shop, or one that makes union membership a condition of employment.”
How many states have right-to-work protections?
34
17
24
37
24
Twenty-four states currently have right-to-work protections.
True or False. It is illegal to request non-union employees to pay union dues.
False
False: From the text, “Some states prohibit free riders and require non-union workers to pay union dues, often called a service fee.”
Since the union represents all workers in the collective bargaining unit, non-union workers become known as ____________ because they benefit from union representation without the payment of union dues.
Scabs
Scrubs
Free riders
Yellow dogs
Free riders
From the text, “Since the union represents all workers in the collective bargaining unit, non-union workers become known as free riders because they benefit from union representation without the payment of union dues.”
What major event in the late 1950s led to increased public scrutiny of labor unions?
The confirmed connection of the International Brotherhood of Teamsters to organized crime, along with revelations of corruption, racketeering, and misuse of union dues.
What was the primary purpose of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA)?
To empower union members and reduce corruption among union elites.
What is another name for the Labor-Management Reporting and Disclosure Act (LMRDA)?
The Landrum-Griffin Act.
What rights did the LMRDA grant to union members?
The right to attend union meetings, vote in elections and on union business, nominate and vote for candidates in secret elections, and bring unions to court after exhausting grievance procedures.
How did the LMRDA regulate union elections?
It required unions to hold officer elections every three years, allowed candidates access to voter rolls, and provided a process to challenge election irregularities.
What financial reporting requirements did the LMRDA impose on unions?
Unions were required to submit annual financial reports to the Department of Labor and follow stricter rules on increasing union dues.
What fiduciary responsibilities were placed on union officers under the LMRDA?
Union officers were required to handle union assets responsibly, disclose conflicts of interest, and could not be convicted felons.
What crime did the LMRDA make a federal offense?
Embezzling or stealing union funds.
How did the LMRDA affect state laws governing unions?
It did not displace state laws unless they conflicted with federal law.
How did the LMRDA amend the NLRA?
It tightened Taft-Hartley Act restrictions on secondary boycotts and prohibited certain “hot cargo” agreements.
What new power did the LMRDA grant the NLRB?
The ability to seek injunctive relief against unions for unfair picketing practices.
What are “hot cargo” agreements, and how did the LMRDA address them?
“Hot cargo” agreements occur when an employer agrees to stop doing business with other employers that handle the firm’s products; the LMRDA prohibited certain types of these agreements
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:
Organized crime
The Democratic party
Increased transportation costs
The Republican party
Organized crime
From the text, “The pendulum of public opinion swung further against organized labor due to the confirmed connection of the International Brotherhood of Teamsters to organized crime, as well as revelations of corruption, racketeering, and abuse of union dues.”
Which group is not covered by the Labor Management Reporting and Disclosure Act (LMRDA)?
Public sector workers and unions
Unions covered by the NLRA
Workers covered by the NLRA
Workers and unions covered by the Railway Labor Act
Public sector workers and unions
LMRDA covers both workers and unions covered by the NLRA and the Railway Labor Act, but not public sector workers and unions.
Which of the following rights is not included under the LMRDA union member “Bill of Rights”?
Nominate and vote for candidates in secret elections
Vote in elections and on union business
Attend union meetings
Split a current union into separate organized groups
Split a current union into separate organized groups
From the text, “LMRDA created a union member “bill of rights” which included the right to attend union meetings, vote in elections and on union business, and nominate and vote for candidates in secret elections.”
Under LMRDA, how often do unions need to hold elections for officers?
Every three years
Every four years
Every six months
Every two years
Every three years
From the text, “Restraints on union practices were also included in the LMRDA. For example, unions were required to hold elections for officers every three years, and candidates for office could have access to voter rolls.”
What is a “hot cargo” agreement?
When all international shipments are halted
When an employer agrees to cease doing business with other employers that handle the firm’s products
When union members incorrectly ship products on purpose
When stolen goods are shipped for organized crime
When an employer agrees to cease doing business with other employers that handle the firm’s products
From the text, “At the same time Congress enacted LMRDA, it amended the NLRA by tightening the Taft-Hartley Act’s prohibitions against secondary boycotts and by prohibiting certain types of “hot cargo” agreements, under which an employer agreed to cease doing business with other employers that handled the firm’s products.”
What is collective bargaining?
Collective bargaining is the process where a union negotiates with an employer on behalf of workers to create a contract governing employment terms.
What happens after a union is formed and recognized by the NLRB?
The union becomes the sole representative of workers, and the employer must negotiate with the union before making changes to employment terms.
What does the NLRA require from both the union and employer during collective bargaining?
Both parties must bargain in good faith, meaning they must actively participate with an intent to reach an agreement.
What is a mandatory bargaining subject?
A mandatory bargaining subject concerns wages, benefits, hours, and layoff procedures—issues that both parties are required to negotiate.
What is a permissive bargaining subject?
A permissive bargaining subject is one that may be discussed, but neither party is required to negotiate over it, such as supervision requirements or technology use.
What is an illegal bargaining subject?
An illegal bargaining subject is a topic that cannot legally be included in a contract, such as race or gender quotas or agreements to refuse handling non-union goods.
What is an impasse in collective bargaining?
An impasse occurs when the union and employer cannot reach an agreement, potentially leading to a strike by workers or a lockout by the employer.
After an election results in a union being formed, the NLRB designates the union as the _____________________________ and informs the employer.
Federal backed union
Designated area union
Appropriate bargaining unit
Affiliated NLRB union
Appropriate bargaining unit
From the text, “After an election results in a union being formed, the NLRB designates the union as the appropriate bargaining unit and informs the employer.”
What is it called when a union commences negotiations with the employer on behalf of the workers to form a new contract that governs the working relationship between the parties?
Guided discussions of benefits
Independent agreement
Mediated bargaining
Collective bargaining
Collective bargaining
From the text, “After an election results in a union being formed, the NLRB designates the union as the appropriate bargaining unit and informs the employer. The union then commences negotiations with the employer on behalf of the workers to form a new contract which governs the working relationship between the parties. This process is known as collective bargaining.”
True or False. 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.
From the text, “Under the process of collective bargaining, it is the union that is the sole representative of the workers’ interests, and no individual may negotiate a private work arrangement with the employer.”
If either side brings up a subject which cannot legally be implemented into a collective bargaining agreement, then a(n) _________ has been raised.
Wildcat bargaining subject
Yellow dog bargaining subject
Good faith bargaining subject
Illegal bargaining subject
Illegal bargaining subject
From the text, “Some topics fall into the range of an illegal bargaining subject. That is, if either side brings up a subject that cannot legally be implemented into a collective bargaining agreement, neither party has any obligation to consider it.”
Which of the following is a permissive bargaining subject?
Layoff procedures
Benefits
Technology issues
Wages
Technology issues
From the text, “A permissive bargaining subject is one which either party may bring to the table, but over which the other party is not required to bargain. These might include the type of grades of employment, technology issues, methods of performing work, or supervision requirements.”
What constitutes an unfair labor practice by an employer under the NLRA?
An employer commits an unfair labor practice if it interferes with concerted activity, dominates or assists a union, discriminates due to union activity, punishes workers for NLRB charges, or fails to bargain in good faith.
What is the employer’s duty regarding sharing information during collective bargaining?
Employers must provide unions with relevant and necessary information for bargaining, except for confidential or proprietary details unless claiming financial inability to meet union demands.
How can an employer unlawfully dominate a union?
An employer unlawfully dominates a union by sponsoring activities, covering union expenses, offering perks to union leaders, or influencing union elections.
How did the Taft-Hartley Act of 1947 change labor law regarding unions?
The Taft-Hartley Act prohibited unions from engaging in unfair labor practices, such as coercion, unlawful picketing, discrimination, and failing to bargain in good faith.
What are examples of unfair labor practices by a union?
A union commits unfair labor practices by interfering with employee rights, aiding employer discrimination, unlawful picketing, charging excessive dues, causing payment for unperformed work, or refusing to bargain in good faith.
What are some examples of union coercion or misconduct?
Examples include coercing workers to join, threatening employees to strike, failing to provide union information, and encouraging discrimination against non-union workers.
Under the NLRA, which of the following actions by the employer is not considered an unfair labor practice?
Bargaining in a good faith effort with the union
Discriminating against any worker because of union activity
Interfering with employees as they engage in concerted activity
Dominating or assisting a labor union
Bargaining in a good faith effort with the union
The text states that an employer has engaged in an unfair labor practice when it does any of the following: 1) interferes with employees as they engage in concerted activity; 2) dominates or assists a labor union; 3) discriminates against any worker because of union activity; 4) punishes a worker for filing charges with the NLRB; or 5) fails to bargain collectively in good faith with the union.
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.
Anonymous
Timely
Timely and necessary
Relevant and necessary
Relevant and necessary
From the text, “The employer’s duty to bargain in good faith includes an affirmative obligation to supply the union with information that is “relevant and necessary” for the union to bargain intelligently and effectively, and failure to do so is considered an unfair labor practice.”
True or False. The only time the employer is required to reveal financial information is when the employer argues a financial inability to meet union demands.
True
From the text, “…the employer is not free to hide from the union critical information that may affect the negotiation process. This would not include, however, an obligation to reveal confidential or proprietary information such as a secret production technique or the firm’s profits and losses. The only time the employer is required to reveal financial information is when the employer argues a financial inability to meet union demands.”
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):
Permissive bargaining subject
Good faith bargaining agreement
Bad faith bargaining agreement
Unfair labor practice
Unfair labor practice
Any of these activities constitutes an unfair Labor practice under the NLRA.
Under the NLRA, which of the following actions by the employer is not considered an unfair labor practice?
Interfering with employees as they engage in concerted activity
Discriminating against any worker because of union activity
Dominating or assisting a labor union
Bargaining in a good faith effort with the union
Bargaining in a good faith effort with the union
The text states that an employer has engaged in an unfair labor practice when it does any of the following: 1) interferes with employees as they engage in concerted activity; 2) dominates or assists a labor union; 3) discriminates against any worker because of union activity; 4) punishes a worker for filing charges with the NLRB; or 5) fails to bargain collectively in good faith with the union.
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.
Timely and necessary
Relevant and necessary
Timely
Anonymous
Relevant and necessary
From the text, “The employer’s duty to bargain in good faith includes an affirmative obligation to supply the union with information that is “relevant and necessary” for the union to bargain intelligently and effectively, and failure to do so is considered an unfair labor practice.”
True or False. The only time the employer is required to reveal financial information is when the employer argues a financial inability to meet union demands.
True
From the text, “…the employer is not free to hide from the union critical information that may affect the negotiation process. This would not include, however, an obligation to reveal confidential or proprietary information such as a secret production technique or the firm’s profits and losses. The only time the employer is required to reveal financial information is when the employer argues a financial inability to meet union demands.”
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):
Good faith bargaining agreement
Bad faith bargaining agreement
Permissive bargaining subject
Unfair labor practice
Unfair labor practice
Any of these activities constitutes an unfair Labor practice under the NLRA.
Which of the following is a union unfair labor practice?
Failing to attend scheduled bargaining sessions with the employer
Failing to provide union information when requested
Coercing workers to join a union
All of the above
All of the above
There are, of course, many more practices that may be considered unfair labor practices.
The refusal of any party to negotiate in good faith is an unfair labor practice subject to review or sanction by the NLRB.
What is the first step in the union organization process?
Workers must submit a petition to the NLRB showing at least 30% support for unionization, typically using authorization cards.
What does the NLRB do after receiving a unionization petition?
The NLRB investigates to ensure jurisdiction, union qualification, and that no existing labor contracts bar an election.
How is a union election conducted?
If approved, the NLRB oversees an election where workers vote by majority to accept or reject union representation.
What happens if a union election results in no majority?
A runoff election is held between the top two choices (union #1, union #2, or no union).
What is the Federal Mediation and Conciliation Service (FMCS)?
A government agency that mediates labor disputes to prevent strikes or lockouts.
What is the difference between mediation and arbitration?
Mediation involves a neutral third party facilitating negotiation, while arbitration results in a binding decision.
What are the two types of strikes?
Economic strikes (over wages, hours, benefits) and unfair labor practices strikes (to enforce legal compliance).
What rights do striking workers have in an economic strike?
They may be permanently replaced but have recall rights if jobs become available.
How do worker rights differ in an unfair labor practices strike?
Workers can only be temporarily replaced and have the right to return to their jobs when the strike ends.
What is a wildcat strike?
A strike not authorized by union leadership, often due to disagreement between rank-and-file members and union officials.
What is a lockout, and when can it be used?
A lockout is when an employer shuts down operations or hires replacements to pressure the union in bargaining.
Which organization needs to be notified if an impasse is reached between unions and employers?
FMCS
LMRDA
NLRA
NLRB
FMCS
When an impasse is reached however, the NLRA requires that the Federal Mediation and Conciliation Service (FMCS) be notified.
An employer equivalent of a union strike is a/an:
Lockout
Wildcat strike
Economic strike
Closed shop
Lockout
Which of the following is a legal union strike activity?
Seeking media attention
Preventing persons who wish to work from entering the building
Damaging employer property
Performing a secondary picket
Seeking media attention
Unions are prohibited from preventing persons who wish to work from entering the business, may not damage employer property and may not picket other businesses which provide goods and services to the employer: a secondary picket.
A strike based upon the union’s frustration that management will not meet its demands for alterations in wages, hours, and benefits is called a/an:
Economic strike
Wildcat strike
Lock out
Unfair labor practice strike
Economic strike
Why does the NRLA allow employees to strike and employers to perform lockouts?
Strikes and lockouts stimulate new jobs in the economy
Employees are protected by the freedom of speech and employers are protected by private property laws
To put pressure on the other side to come to the bargaining table
To build media attention
To put pressure on the other side to come to the bargaining table
Organizations that represent workers in bargaining with employers to improve conditions of employment are known as:
Collective bargaining teams
Anti-labor groups
Unions
Workers associations
Unions
Unions are organizations that represent workers in bargaining with employers to improve conditions of employment.
A document whereby, as a condition of employment, an employee agreed not to organize or join a union is known as a(n):
Yellow dog contract
Red herring contract
Blue sparrow contract
Green newt contract
Yellow dog contract
A yellow dog contract is a document whereby, as a condition of employment, an employee agrees not to organize or join a union.
A legal remedy that allows a court to order individuals to refrain from acts which will do “irreparable harm” is known as a:
Federal warrant
Federal call to work
Federal call to action
Federal injunction
Federal injunction
From the text, “Employers … sought to limit union power through use of the federal injunction. An injunction is a legal remedy that allows a court to order individuals to refrain from acts that will do “irreparable harm.””
What was the main purpose of the Sherman Anti-Trust Act?
To make it difficult for new businesses to enter existing markets
To allow businesses to single-handedly own the majority of a marketplace
To limit employer monopoly power
To make it nearly impossible for new unions to form
To limit employer monopoly power
From the text, “Congress acted to limit … monopoly power by enacting the Sherman Anti-Trust Act, which made it unlawful to: (1) combine together to restrain trade, and (2) to seek monopoly business power.”
The Clayton Act prohibited the elimination of unions and expressly removed union organizing efforts from the “anti-combination” language in which act?
Labor Management and Disclosure Act
Sherman Anti-Trust Act
Norris-LaGuardia Act
Federal Anti-Trust Act
Sherman Anti-Trust Act
From the text, “The Clayton Act prohibited the elimination of unions and expressly removed union organizing efforts from the “anti-combination” language of The Sherman Anti-Trust Act.”
The _______ established the right of workers to form unions, collectively bargain, and strike.
LMRDA
BLM
NLRA
FMCS
NLRA
From the text, “The National Labor Relations Act (NLRA) established the right of workers to form unions, collectively bargain, and strike.”
If the National Labor Relations Board (NLRB) authorizes a union election, the employer must:
A. Provide the names and addresses of all workers to which the election may apply
B. Not interfere or meddle in the election process in any way
Both A and B
None of the above
Both A and B
From the text, “…the employer must furnish to the NLRB the names and addresses of all workers to which the election may apply, and it may not interfere or meddle in the election process in any way.”
What is the threshold number of workers needed to sign authorization cards to seek union formation from the NLRB?
10 percent
30 percent
45 percent
20 percent
30 percent
From the text, “When a threshold number of workers – 30 percent of the appropriate bargaining unit – sign authorization cards to seek union formation, they petition the NLRB to authorize an election.”
Why did Congress pass the Taft-Hartley Act?
To help unions have more power while negotiating with employers
To curb union overreaching
To allow minorities the right to form unions
To allow WWII veterans to participate in unions
To curb union overreaching
From the text, “Congress passed the Labor Management Relations Act of 1947, more commonly known as the Taft-Hartley Act (Taft-Hartley), which was designed to curb union overreaching. Taft-Hartley amended the NLRA to protect a worker’s right not to engage in concerted activity and outlined the unfair labor practices in which a union could engage.”
Laws that give workers the freedom to not join a union are known as:
The Freedom Act of 1976
Right-to-work laws
The 8th amendment
Anti-Trust laws
Right-to-work laws
Right-to-work laws gave workers freedom not to join a union if they wished. Twenty-four states currently have right-to-work protections.
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:
Transpiration systems of a major city
A business’ undue hardship
National health and safety
Rights of non-union employees
National health and safety
From the text, “…under Taft-Hartley, the executive branch of the federal government was empowered to obtain legal strikebreaking injunctions in the courts if an impending or current strike imperiled national health or safety.”
In an effort to empower union members and to reduce union elite corruption, Congress enacted the:
Labor-Management Reporting and Disclosure Act
Taft-Hartley Act
Norris-LaGuardia act
Labor-Management Relations Act
Labor-Management Reporting and Disclosure Act
From the text, “In an effort to empower union members and to reduce union elite corruption, Congress enacted the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA).”
True or False. 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.
True.
From the text, “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.”
What is the definition of good faith bargaining?
Attempting to find what is best for the opposing negotiator
Mutual obligation of the parties to participate actively in negotiations by manifesting a present intent to find a basis for agreement
Involving religious undertones
Agreeing with decisions that the opposing side has come up with
Mutual obligation of the parties to participate actively in negotiations by manifesting a present intent to find a basis for agreement
From the text, “The concept of good faith does not mandate agreement, but instead requires a mutual obligation of the parties to participate actively in negotiations by manifesting a present intent to find a basis for agreement. The refusal of either party to negotiate in good faith is an unfair labor practice subject to review or sanction by the NLRB.”
A _________________ is generally one which concerns wages, benefits, hours, and layoff procedures. A _______________ is one which either party may bring to the table, but over which the other party is not required to bargain.
Union coalition : Permissive bargaining subject
Permissive bargaining subject : mandatory bargaining subject
Mandatory bargaining subject : permissive bargaining subject
Bargaining agreement : mandatory bargaining subject
Mandatory bargaining subject : permissive bargaining subject
From the text, “The law provides for two kinds of bargaining subjects: mandatory and permissive. A mandatory bargaining subject is generally one that concerns wages, benefits, hours, and layoff procedures. A permissive bargaining subject is one that either party may bring to the table, but over which the other party is not required to bargain. These might include the type of grades of employment, technology issues, methods of performing work, or supervision requirements.”
When union and employer discussions reach a deadlock, this is commonly called:
An impasse
A strike
A bad faith effort
A lockout
An impasse
From the text, “If, after engaging in good faith discussions to resolve disputes, the parties cannot resolve one or more issues, they have reached a deadlock, commonly called an impasse.”
Which of the following is not an example of a union unfair labor practice?
It aids an employer in discriminating or interfering with union activities
It interferes with any employee’s rights under the NLRA
It pickets unlawfully
It demands relevant and necessary bargaining information
It demands relevant and necessary bargaining information
An unfair labor practice occurs when the union does any of the following: 1) interferes with any employee’s rights under the NLRA; 2) aids an employer in discriminating or interfering with union activities; 3) pickets unlawfully; 4) charges excessive dues and initiation fees to union members; 5) causes the employer to pay for work not performed; or 6) refuses to bargain in good faith.
During the negotiation process, the employer is required to share:
Profit and loss statements
Proprietary information
Relevant and necessary information
Secret production techniques
Relevant and necessary information
From the text, “The employer’s duty to bargain in good faith includes an affirmative obligation to supply the union with information that is “relevant and necessary” for the union to bargain intelligently and effectively, and failure to do so is considered an unfair labor practice.”
What is the main objective of the Federal Mediation and Conciliation Service (FMCS)?
To impose restrictions on employers to assist unions in bargaining
To encourage labor disputes and work stoppages
To help management and laborers settle labor contract disputes
To disband unions that have been accused and found guilty of illegal activity
To help management and laborers settle labor contract disputes
From the text, “…the NLRA requires that the Federal Mediation and Conciliation Service (FMCS) be notified. The FMCS works with the parties to promote agreement and avoid lockouts and strikes, but if that fails, the union may strike or the employer may initiate a lockout. According to the FMCS, “mediation is a voluntary process, bringing a neutral third-party into a negotiation as a facilitator. It may or may not lead to an agreement between the parties. Arbitration is a process agreed to by the parties in which, at its conclusion, a neutral third-party will impose a binding agreement on both parties.”
Picketing other business that provide good and services to the union’s employer is known as:
Bad faith bargaining
Economic striking
An unfair labor practice
A boycott
An unfair labor practice
