Ch 8

Which of the following is true of the legal treatment of public sector strikes?

All strikes by federal government employees are outlawed.

Heal-in

Doctors refusing to release patients

Identify the types of strikes that are protected by the National Labor Relations Act (NLRA). (Check all that apply.)

Economic strikes Unfair labor practice strikes

Which of the following is true of the use of replacement workers during legally permitted lockouts?

Employers are allowed to hire temporary replacements as a lawful support of their bargaining position.

Sympathy strikes

Employers can discipline or discharge workers if a no-strike clause in the labor contract clearly includes sympathy strikes.

Defensive lockout

It arises when an employer locks out employees to avoid losses from an anticipated strike.

Offensive lockout

It arises when an employer takes the initiative to coerce the union for a more advantageous settlement.

Identify a true statement about common situs picketing.

It is unlawful as a worksite includes secondary or neutral employers.

Identify the true statements about the impact of the Mackay doctrine or the legality of permanent strike replacements on the labor movement from the labor perspective. (Check all that apply.)

It results in employers having vastly greater power in the U.S. labor relations system. The hiring of permanent strike replacements busts labor unions.

Which of the following is true of a secondary boycott?

It targets businesses that have ties with the primary employer of the workers who are on strike.

Identify the ways in which fact-finding helps resolve a bargaining dispute. (Check all that apply.)

Making a fact-finding report public can use the glare of publicity to force the parties to a settlement. A fact-finding report allows negotiators to save face by making concessions under the pretense of following the report rather than appearing weak. By forming fair settlement terms, the fact-finding report aids negotiators in reexamining their views and finding a suitable compromise settlement.

Blue flu

Mass absenteeism among police officers, named after blue uniforms.

Budgetitis

Mass absenteeism among public sector workers in protest over budget issues.

Identify the focus of a mediator in the third stage of the mediation process.

Persuading the negotiators to reach a settlement

Identify the legal restrictions on picketing. (Check all that apply.)

Picket line misconduct such as violence or vandalism is not protected by the National Labor Relations Act. Mass picketing that blocks entrances to an employer's property is illegal.

Sympathy strikes

Strikes in support of other workers on strike.

Which of the following is true of conventional arbitration?

The arbitrator is not constrained in deciding the settlement terms.

Arbitration

The neutral third party is an arbitrator who forces an agreement on both parties by issuing a ruling that specifies the settlement terms.

Jurisdictional strikes

These strikes are outlawed by the National Labor Relations Act.

If arbitrators simply split the difference between the positions of labor and management, each side might hold back from making compromises during negotiations. This is known as the of conventional arbitration.

chilling effect

The is an economic pressure tactic that seeks to bolster inside tactics with external pressure, typically directed at corporate headquarters by outsiders such as other members of the business and financial community, consumers, politicians, and government regulators.

corporate campaign

The third-party dispute resolution method in which a neutral third party investigates a bargaining impasse and issues nonbinding recommendations for a settlement is known as -.

fact finding

Closely related to an economic strike, a(n) refers to an employer-initiated rather than worker-initiated work stoppage during a bargaining impasse.

lockout

Arbitration may have a(n) when negotiators become addicted or overdependent on arbitration.

narcotic effect

Replacement workers who continue in their positions after a strike ends are called .

permanent strike replacements

A(n) strike is a strike to protest an employer's unfair labor practice. Listen to the complete question

unfair labor practice strike

Identify the conventional ideas behind the prohibition of public sector strikes. (Check all that apply.)

Bargaining power of public sector employees is very high as there are no market-based restraints on their demands. Government services are too crucial to be disrupted. Antigovernment strikes are unacceptable threats to the supreme authority of the government.

Noneconomic strikes

Employers can discipline or discharge workers involved in these strikes as they do not fall under mandatory bargaining items covered by the National Labor Relations Act.

Which of the following is true of a lockout?

In this type of work stoppage, an employer notifies the workers to stay away from work until they accept the employer's terms.

Human error day

Intentional day of mistakes by clerical workers.

In the context of the Supreme Court ruling in the National Labor Relations Board v. Mackay Radio and Telegraph Co., which of the following is true of the Mackay doctrine?

It allows employers to hire both permanent and temporary strike replacements.

Which of the following are true about the impact of the Mackay doctrine on the labor movement? (Check all that apply.)

It allows employers to rid themselves of their unions by engineering a decertification election. It makes workers afraid to strike because of the fear of being replaced.

Taft-Hartley Amendments to the National Labor Relations Act

It enables the president to assign a board of inquiry to study and report on the disputed issues if he or she believes that a strike or threatened strike will jeopardize the national health or safety. Based on this report, the president can seek a court-ordered injunction to stop the strike for up to 80 days.

The Railway Labor Act

It enables the president to form a presidential emergency board if a strike is likely to significantly disrupt interstate commerce to a degree such as to deny any section of the country of essential transportation service.

Which of the following is true of interest arbitration?

It enforces a settlement on the parties to a dispute.

Which of the following is true of the employee pressure tactic called work slowdown?

It involves attempts to coerce employers by inflicting costs through reduced productivity.

Identify the true statements about final offer arbitration. (Check all that apply.)

It requires the arbitrator to select between the union's or the employer's final offer. It reduces the chilling effect of conventional arbitration.

Identify the third-party resolution mechanism that is the most effective when the aim is to improve the negotiating process.

Mediation

Good Food Inc., a food processing company, and its employee union are involved in a bargaining dispute. The union urges the clients of Flying Wheels to stop using its services because Flying Wheels delivers the products of Good Food to various retail chains and outlets. Identify the type of pressure tactic used by the union in the given scenario.

Secondary boycott

Wildcat strikes

Strikes over grievances while a contract is still in force.

Jurisdictional strikes

Strikes over the assignment of work to bargaining unit employees.

Recognition strikes

Strikes to force an employer to recognize and bargain with a union.

Identify the true statements about the med-arb procedure used to resolve labor disputes. (Check all that apply.)

The neutral person builds a thorough knowledge of the situation during the mediation phase leading to a better arbitration award. The same neutral individual serves as both the mediator and the arbitrator in this process.

Fact-finding

The neutral third party is a fact finder who investigates the dispute and makes nonbinding recommendations for a settlement.

Mediation

The neutral third party is a mediator who tries to facilitate an agreement but lacks the power to force an agreement.

interest disputes

These are conflicts that arise while negotiating new contract terms.

Rights disputes

These are conflicts that occur over the interpretation of existing contractual terms.

Which of the following is true of the reinstatement of unfair labor practice strikers?

They are eligible for immediate reinstatement at the end of the strike.

In the context of third-party dispute resolution, identify the true statements about arbitrators. (Check all that apply.)

They are often selected by the labor and management negotiators. They should have great analytical skills.

According to the Mackay doctrine, which of the following is true of the reinstatement of strikers who have been permanently replaced?

They are placed on a priority recall list and are offered jobs when new jobs become available.

What are the features of economic strikes? (Check all that apply.)

They arise from bargaining impasses over mandatory bargaining items during the negotiation of union contracts. They are the most recurrent type of strikes in U.S. labor relations.

In the context of the use of mediation in labor relations, what are the characteristics of dealmakers? (Check all that apply.)

They take direct efforts to shape the final result by getting the negotiators to change their views and strike a deal. They concentrate on the bargaining issues and attempt to pressurize the negotiators to make concessions.

Why are bargaining impasses or disputes and the methods for their resolution significant in labor relations? (Check all that apply.)

Third-party dispute resolution methods can be used to avoid bargaining impasses. Bargaining in good faith to an impasse satisfies the legal bargaining obligations of both labor and employers. Major strikes can have disastrous effects on labor, management, and society.

Why do strikers or locked-out workers picket their employer's locations? (Check all that apply.)

To build solidarity among the strikers To bring public attention to their disputes To persuade the public to withdraw support for the business To convince other workers to not cross the picket line

Unfair labor practice strikes matches

Workers cannot be disciplined, discharged or permanently replaced if the National Labor Relations Board verifies their allegations on the employer.

A labor campaign that persuades the consumers of a company to stop doing business with it is known as a _____.

boycott

Employees might strike to win better wages, benefits, and work rules; this is called a(n) .

economic strike

True or false: The med-arb dispute resolution procedure is the most effective in that it ensure the complete cooperation of negotiators during the mediation phase.

false

True or false: The National Labor Relations Act (NLRA) requires employers to discharge permanently replaced strikers after they end their strike.

false. Firing strikers at the end of their strike violates the NLRA's ban on discharging employees for taking part in a protected activity.

True or false: The use of permanent replacements during lockouts is interpreted as lawful support of the bargaining position of employers.

false. In order to maintain a balance of power between employees and employers, hiring permanent replacements is not allowed during lockouts.

True or false: The Mackay Doctrine refers to the 1983 Supreme Court decision in the National Labor Relations Board (NLRB) v. Mackay Radio and Telegraph Co. that required employers to hire only temporary strike replacements to do the work of individuals on strike.

false. The famous 1938 Supreme Court decision in the NLRB v. Mackay Radio and Telegraph Co. includes the Mackay doctrine that allowed employers to hire permanent strike replacements as well as temporary strike replacements.

In the context of private sector labor law pertaining to strikes that can cause emergency situations, the 1974 amendments to the National Labor Relations Act included a provision that _____.

forms boards of inquiry in the health care industry if a strike would cause great disruptions in the delivery of health care in a specific locality

In the context of economic pressure tactics used by labor unions, which of the following is true of the corporate campaign?

he union's strategy is to create negative publicity that causes these outsiders to pressure or withdraw support for the targeted company

Arbitration to resolve interest disputes that results in new contractual terms governing wages and terms and conditions of employment is known as .

interest arbitration

In labor relations, pertain to conflicts of interest—higher wages (the interest of employees) versus lower labor costs (the interest of employers), seniority-based layoffs versus merit-based layoffs, broad union input into managerial issues versus strict management rights to conduct business without interference.

interest disputes

In the context of pressure tactics used by employees, the work slowdown method that uses partial, quickie, or intermittent strikes aims to _____.

interrupt the operations of an employer

In the context of the use of replacement workers to do the work of employees on an unfair labor practice strike, courts have determined that _____.

it is unlawful to hire permanent strike replacements

is a dispute resolution process in which a third party helps negotiators avoid or resolve an impasse by reaching an agreement.

mediation

Common situs picketing involves _____.

multiple employers at a common location or site.

In the U.S. private sector, a boycott is permissible if it _____.

specifically targets a primary employer

Individuals who are employed to do the work of those employees who are on strike are called _____.

strike replacements

In the context of the narcotic effect of arbitration, negotiators tend to develop an excessive reliance on arbitration to settle their negotiations when _____.

they see how they can shift the responsibility to the arbitrator

True or false: The likelihood of a bargaining dispute forms the basis of all labor negotiations because the threat of strikes, lockouts, and other pressure tactics can be used to coerce the other party to make concessions while bargaining.

true. The possibility of a bargaining dispute underlies all labor negotiations because the threat of strikes, lockouts, and other pressure tactics—also known as economic weapons—can be used to try to force the other side to make additional concessions at the bargaining table.

True or false: Third-party dispute resolution methods are used to resolve bargaining impasses and disputes with the aim of preventing costly strikes.

true. Third-party dispute resolution mechanisms use a neutral third party to settle bargaining impasses with the goal of avoiding costly strikes.

A lockout is similar to an economic strike in that it is a _____.

work stoppage that results from a bargaining dispute

A(n) -- is a form of work slowdown in which employees do their work by exactly following the employer's rules.

work-to-rule campaign