Midterm 151 (quizzes)

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Which of the following terms refers to the withholding of employment by an employer so as to resist union demands, with the help of layoffs, shutting down, or bringing in nonunion workers?

lockout

Which of the following terms refers to a method of providing a general wage increase as a onetime payment rather than adding the increase to the hourly or annual salary of the employee?

lump-sum payments

As per the Fair Labor Standards Act, an employee is most likely to be considered eligible for receiving overtime pay if the employee ________.

makes a salary of less than $455 per week

Pyramiding is a pay incentive system in which employees receive a share of the employer's profits in addition to their regular wages.

False

Severance pay is an illegal subject for collective bargaining.

False

Sunshine laws define legally enforceable rights and duties, and what wrongful acts amount to violations of those rights and duties.

False

The American Federation of Labor eventually merged with the National Labor Union.

False

The American Federation of Labor was founded by Andrew Carnegie.

False

The Clayton Act stated the labor organization and its members are considered illegal combinations or conspiracies in restraint of trade.

False

The Employee Polygraph Protection Act makes it illegal to discriminate against employees or applicants because of genetic information.

False

The NLRB has jurisdiction over the employees of the Federal Reserve Bank.

False

The National Labor Relations Board (NLRB) was created by the Fair Labor Standards Act.

False

The National Labor Relations Board (NLRB) was created to enforce provisions of the Landrum-Griffin Act.

False

The U.S. government is recognized as an employer by the NLRB.

False

The base compensation given to an employee includes overtime, pension benefits, and bonuses.

False

The employer is obliged to inform the employees about their union membership rights.

False

The equality norm promotes the distribution of resources based on the proportional input of the parties.

False

The first step in determining compensation costs is to determine the value of the pension benefits.

False

The political agenda of the Industrial Workers of the World (IWW) was to promote capitalism.

False

Which of the following is TRUE of the practice of salting?

Salts are not always compensated for their activities by the union.

The proposed Employee Free Choice Act would require that the National Labor Relations Board conduct a secret-ballot election to certify a union to represent workers.

False

The resistance point is the most desired outcome or objective a negotiator sets for an issue.

False

_______ was the founder and first president of the American Federation of Labor (AFL).

Samuel Gompers

The target point is a maximum or minimum beyond which the negotiator will not accept a proposal. This is the negotiator's bottom line.

False

Typically, employees are allowed to distribute union literature at the workplace during working times.

False

Unions within the health care industry have experienced an unprecedented decline in recent years.

False

Which of the following entities was established by the Civil Service Reform Act?

Federal Labor Relations Authority

An employee, a group of employees, or a union representing employees can file a(n) ________ with the NLRB seeking certification of an appropriate unit.

RC petition

The Norris-La Guardia Act ______

restricts the federal courts fro issuing injunctions in labor disputes, except to maintain law and order

Which of the following is true for permissive bargaining items?

Both parties must agree for permissive subjects to be bargained.

In 2005, seven national unions split from the AFL-CIO to form the ________, a new union federation of national unions dedicated to growing their membership through strategic organizational campaign and improving the living standards of workers.

Change to Win Coalition

"________" are employees who are covered by a collective bargaining agreement but are not union members; however, they are required to pay something to the union for the bargaining and representation services they receive.

Cheap riders

Which of the following acts provided a personnel and pay structure for federal employees based on duties assigned to a job rather than the qualifications of the person holding the job?

Classification Act

If the management rejects the union's wage demand saying that it is not willing to agree with the demand, then under the National Labor Relations Act, the union has the right to demand information on the financial condition of the company.

False

In a unionized organization, promotions and transfers are determined unilaterally and subjectively by the employer.

False

Job evaluation is the process of analyzing employee performance.

False

Most agreements in the private sector contain provisions that restrict the union's ability to call a strike but do not restrict the management's ability to stage a lockout.

False

Organizations designated as brotherhoods or guilds are not considered to be labor organizations.

False

In 1935, John L. Lewis and leaders of the Ladies Garment Workers and the Clothing Workers set up the ________.

Congress of Industrial Organizations

________ unions represent a group of workers who share a skill or an occupation, such as electricians, carpenters, and bricklayers.

Craft

The ________ of 1931 regulates employers who hold federal government contracts of $2,000 or more for federal construction projects.

Davis-Bacon Act

Which of the following acts required that companies using federal dollars for construction projects use the "prevailing wage rate" of the area as the minimum-wage rate on their construction project?

Davis-Bacon Act

________ is referred to in general as "win/lose" bargaining because whatever one side gains is made at the expense of the other party.

Distributive bargaining

The ________ Act is a proposed new law which would require the National Labor Relations Board to certify a union to represent workers if a majority signs cards that authorize the union.

Employee Free Choice

Which of the following statements is TRUE of the rights of the employees to solicit union support?

Employees have no statutory right to use an employer's bulletin board, meeting halls, or mailboxes for any purpose including union solicitation.

________ are excluded from the definition of employees by the NLRB.

Employees of the U.S. government

'Maintaining the status quo' is a form of the relational norm.

False

A mediator must testify in court regarding the dispute.

False

A mixed union represents both male and female employees.

False

All local unions are affiliated with a national or an international union that in turn is a part of the AFL-CIO or Change to Win.

False

An employer is prohibited from communicating predictions of the effect of unionization on the company if such predictions involve consequences outside the employer's control.

False

An employer withholding employment to resist union demands with the help of layoffs, shutting down, or bringing in nonunion workers, is undertaking a strike.

False

Bypassing your opponent's negotiator to undermine the opponent's confidence in him is an ethical bargaining tactic.

False

During mediation, a third party panel makes a final and binding decision on a dispute.

False

Employee groups that are separate from primary production and maintenance units in their job duties can be classified as stipulated units.

False

Even in labor-intensive organizations, the labor costs rarely rise above 20 percent of the total costs.

False

Executive Order 11491 made the use of negotiated grievance procedures for settling contract disputes mandatory.

False

Front-end loading is a method of providing a general wage increase as a onetime payment rather than adding the increase to the hourly or annual salary of the employee.

False

________ are employees who are in a unit represented by a union and are covered by a collective bargaining agreement but cannot be required to join the union or pay any union dues or fees.

Free riders

________ refers to a deferred wage increase in which a larger proportion of the total increase occurs in the first year of a multiyear contract.

Front-end loading

The ________ doctrine established the NLRB policy to give weight to employee wishes when determining an appropriate bargaining unit.

Globe

Which of the following statements is true of a Scanlon plan?

It is a group incentive plan in which accrued savings resulting from increased efficiency are distributed among the workers and the employer.

Which of the following statements is true of a two-tier wage system?

It is a wage system that pays newly hired workers less than current employees performing the same or similar jobs.

Which of the following is TRUE of the Hatch Act?

It limited the political activities of federal employees to shield workers from political pressure.

Which of the following statements is TRUE of the American Federation of Labor?

It offered trade autonomy to national unions.

Which of the following is TRUE of the Clayton Act?

It sought to limit the court's injunctive powers against labor organizations.

Which of the following acts authorizes the National NLRB to decide on a case-by-case basis the "appropriate bargaining unit" of employees for collective bargaining purposes?

Labor-Management Relations Act

The _________ act amended the Wagner Act and the Taft-Hartley Act, and resulted in the limitation of boycotts and picketing, and regulated internal union operations.

Landrum-Griffin

Which of the following acts lists the employer activities considered to be unfair labor practices?

National Labor Relations Act

When the employer and union cannot agree on the bargaining unit, the ________ decides on the unit appropriate for the purposes of collective bargaining.

National Labor Relations Board

________ states that 80 percent of what is accomplished occurs as a result of 20 percent of the effort while the remaining 20 percent of what is accomplished takes 80 percent of the effort.

Pareto's law

________ refers to a collective bargaining practice in which a national industry or union strives to establish equal wages and benefits from several unions or employers in the same industry.

Pattern bargaining

The ________ provided for a bipartisan three-member Civil Service Commission to draw up and administer competitive examinations to determine the fitness of appointees to federal office.

Pendleton Act

Which of the following acts was designed to break up corporate monopolies?

Sherman Antitrust Act

male and female workers performing the same work in the same company should be paid equally

The Equal Pay Act requires that

A distributive bargaining method uses a "win-lose" approach.

True

An employee can file an RD petition with the NLRB seeking certification of an appropriate unit.

True

Congress is the legislative branch of the federal government.

True

Discrimination by race, creed, color, religion, or national origin is a mandatory subject for collective bargaining.

True

Employees are entitled to reinstatement after an unfair labor practice strike even if the employer has filled their positions.

True

Following the Pullman strike, the Erdman Act gave certain employment protections to union members and offered facilities for mediation and conciliation of railway labor disputes.

True

Front-end loading refers to a deferred wage increase with a larger proportion of the total percentage increase in the first year of the agreement.

True

If an employer bases its bargaining position on an inability to pay increased wages, then that employer must allow a union to examine the company's books in order to verify the claim.

True

If employees are allowed access to the bulletin board, the employer cannot censor the material to exclude union solicitation.

True

If the subject is mandatory, a party may insist on its inclusion, and the other party cannot refuse to discuss it.

True

In distributive bargaining, the objective of the parties involved is to maximize their share of the fixed resource.

True

In negotiation, bracketing is the process of moving toward a middle point between the opening offers.

True

In the case of a multiemployer collective bargaining, after the bargaining has begun, an employer may withdraw only with the union's consent or on showing unusual circumstances.

True

In the public sector, strikes are usually unlawful.

True

Membership in the Knights of Labor (KOL) was open to skilled as well as unskilled laborers.

True

One's BATNA does not have to be objectively "better" than the other party's BATNA to give one negotiating power.

True

Payback agreements require an employee who voluntarily quits before a specified period of time to pay the employer the cost of certain benefits.

True

Strikers who apply for reinstatement unconditionally must be placed on a "waiting list" and hired as jobs become available if they do not acquire other employment.

True

Strikes conducted by one labor union to dislodge another labor union are prohibited by the Taft-Hartley Amendments.

True

The Employee Free Choice Act is a proposed amendment to the National Labor Relations Act.

True

The Federal Labor Relations Authority is a three-member panel appointed by the president of the United States.

True

The National Industrial Recovery Act recognized workers' rights in selecting their own representatives, but was declared unconstitutional.

True

The National Labor Relations Act defines a labor dispute as "any controversy concerning terms, tenure, or conditions of employment."

True

The Postal Reorganization Act was passed allowing postal workers to come under the National Labor Relations Act.

True

The community-of-interest doctrine attempts to quantify, by means of descriptive criteria, when workers should feel that their individual interests are so similar that collective bargaining will be fruitful.

True

The federal court has three levels, district court, court of approvals, and the Supreme Court.

True

The payment of overtime on overtime that occurs if the same hours of work qualify for both daily and weekly overtime payment is known as pyramiding.

True

The practice of allowing the addition of new employees and jobs to existing bargaining units provided their work satisfies the same criteria of the original unit is known as "accretion."

True

The sovereignty doctrine is presented as a basic reason for not allowing employees to have collective bargaining rights or the right to strike.

True

The union has exclusive bargaining rights for all employees within the unit, whether they join the union or not; and it has no rights for those employees outside of the bargaining unit.

True

The value of the cost of living adjustments (COLAs) is usually based on the consumer price index.

True

Transportation unions in the railroad and airline industries, such as the United Transportation Union and the Air Line Pilots Association, are governed by the Railway Labor Act.

True

The National Labor Relations Act is also known as _____ Act

Wagner

The ________ model explains why strikes occur by assuming that negotiators have substantial incentives to avoid strikes and that strikes occur only through bargaining errors.

accident model

A(n) ________ provision requires employees to contribute a sum equal to membership dues to the union, without being required to join the union.

agency shop

In 1936, the Railway Labor Act was expanded to include ______ industry.

airline

Andrew, a baseball player, is negotiating his future pay package with his team. Andrew and his team are not able to agree on a new pay package. So they decide to submit the issue to a third party who will make a final and binding decision. This is an example of ________.

arbitration

is a process by which union leaders representing groups of employees negotiate specific terms of employment with designated representatives of management.

collective bargaining

Cost of living adjustments are generally based on the value of the ________.

consumer price index (CPI)

Which of the following terms best describes a bargaining unit composed exclusively of workers with a specific and recognized skill, such as electricians or plumbers?

craft unit

Which of the following terms refers to the sharing of governmental power between the federal and state governments?

dual sovereignty

In order to address the deficiencies of Executive Order 10988, Executive Order 11491 _____.

established a Federal Labor Relations Council to manage the labor relations system

With reference to the negotiation norms, 'maintaining the status quo' is a form of the ________ norm.

fairness

In labor negotiations, which of the following norms is mandated as a part of the collective bargaining process by the National Labor Relations Act?

good-faith bargaining norm

Once a union is certified by a secret-ballot election by the NLRB, its status is binding on the employer for at least ________, during which time the employer must bargain with it.

one year

Apex Motor Inc. pays $5 to its workers per unit produced. Which of the following wage systems does the company use in this case?

piece-rate system

During the initial sessions of collective bargaining, both parties demonstrate their willingness to negotiate, identify their basic bargaining positions, and generally set the tone of the negotiations. This is known as ______.

posturing

Employer lockouts can be in violation of the National Labor Relations Act as an unfair labor practice if they are invoked to ________.

preclude collective bargaining before it begins

Which of the following terms refers to a legal theory in which federal law takes precedent over state law?

preemption

Executive Order 10988, in which the right to organize was granted to federal civilian employees, also ________.

prohibited public sector employees from going on a strike

The ________ point represents a maximum or minimum level beyond which the negotiator will not accept a proposal. This is the negotiator's bottom line.

resistance

The ________ clause is a contract clause stating that any portion of a contract declared invalid by state or federal law shall be declared null and void, while still holding the remainder of the contract valid.

severability

Which of the following is a mandatory subject for collective bargaining?

severance pay

Which of the following terms refers to an on-the-job union representative who carries out the responsibilities of the union in the plant at the departmental level ?

steward

Which of the following terms refers to statutes requiring that the official business of government be conducted in public?

sunshine laws

In the case of a negotiation, the objective of each party is to achieve a settlement point as close as possible to its ________ point.

target

Which of the following is most likely to be included in ground rules during a negotiation?

the location for the negotiation session

The members of the National Labor Relations Board (NLRB) are appointed by ________.

the president of the United States

According to the value-added theory, ______.

the wages of the employees should equal the contribution of labor to the final product

An open shop is a union security arrangement in which ________.

the workers within a bargaining unit may decide whether to join a union

Negotiators, in their list of initial demands, may include items of little or even no real value to their side, thus providing some items to trade i exchange for other of high priority to their side. These items are knows as ____ items.

throwaway

Which of the following terms refers to a provision that a worker must become a union member or lose the job?

union shop

Which of the following is most likely to be considered a hard union-management issue?

wage increase

Which of the following is an illegal subject for collective bargaining?

whistle-blowing

If the opening offer made by a negotiator is immediately accepted by the other party then the negotiator who made the opening offer tends to worry over why the offer was accepted so quickly without even one counteroffer. This phenomenon is known as the ________.

winner's curse


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