Union Exam 2

The ________ Act regulates employers who hold federal government contracts of $2,000 or more for federal construction projects. It provides that employees working on these projects must be paid the prevailing wage (PW) rate. a. National Labor Relations b. Taft-Hartley c. Selective Training and Service d. Davis-Bacon

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As per the Employee Retirement Income Security Act (ERISA), employers are required to count toward vesting all service from age ________ and to count toward earned benefits all earnings from age ________. a. 18; 21 b. 21; 24 c. 24; 25 d. 25; 27

a. 18; 21

Which of the following statements is TRUE of a Health Savings Account (HSA)? a. Both employees and employers make contributions to an HSA. b. An employee can use the money saved in an HSA only in the event of an accident on the job. c. The contributions made to an HSA are taxable. d. An HSA cannot be transferred from one employer to the other.

a. Both employees and employers make contributions to an HSA.

Which of the following statements is TRUE regarding job evaluation? a. Job evaluation procedures do not include analyzing employee performance. b. Job evaluation involves reviewing the tasks of jobs so as to write a description of the jobs. c. Job evaluation is the process of recruiting and hiring new employees for a job. d. The process of job evaluation is performed by the management to determine the amount of wage increase that can be offered to the workers.

a. Job evaluation procedures do not include analyzing employee performance.

Which of the following statements is TRUE of interest arbitration? a. Most interest arbitration in the United States occurs in the public sector under compulsory statutes. b. In the case of interest arbitration, the decision given by the arbitrator is not binding on either of the parties. c. Interest arbitration in the public sector is governed by the Employee Free Choice Act. d. Interest arbitration in the private sector is mandatory and generally follows a strike.

a. Most interest arbitration in the United States occurs in the public sector under compulsory statutes.

In the Electromation case, the Supreme Court ruled that the employer-created work committees comprising both employees and managers that met to discuss working conditions were a violation of the ________. a. National Labor Relations Act b. Fair Labor Standards Act c. Worker Adjustment and Retraining Notification Act d. Selective Training and Service Act

a. National Labor Relations Act

Which of the following organizations is responsible for resolving labor disputes in the railroad and airline industries? a. National Mediation Board b. Office of Infrastructure Protection c. Wage and Hour Division d. Employees' Compensation Appeals Board

a. National Mediation Board

Which of the following is TRUE of arbitration? a. The courts determine whether there is a duty to arbitrate a dispute. b. The courts must examine the merits of the underlying grievance to determine if there is a duty to arbitrate a dispute. c. The duty to arbitrate cannot extend beyond the life of the contract. d. The courts must examine the correctness of an arbitration award before enforcing it.

a. The courts determine whether there is a duty to arbitrate a dispute.

Which of the following factors must be present for the successorship doctrine to apply to the purchaser of a business employing union members? a. The successor should substantially continue the business operations of the predecessor. b. The nature of jobs performed and the means of operation should change significantly after the change of employer. c. The successor should lay off all the existing employees and hire new employees. d. The successor should start manufacturing a new product line.

a. The successor should substantially continue the business operations of the predecessor.

Which of the following is a difference between a grievance arbitration process and a judicial process? a. There are no prescribed rules for grievance arbitration as there are in the judicial process. b. The arbitration process is less private as compared to the public judicial process. c. The grievance arbitration procedure involves less sophisticated and knowledgeable parties than those in most judicial proceedings. d. The arbitrator does not consider the existing contract in deciding the outcome of the dispute.

a. There are no prescribed rules for grievance arbitration as there are in the judicial process.

Which of the following is the last step of a grievance procedure in most collective bargaining agreements? a. accepting an arbitrator's decision b. filing a petition with the NLRB c. opting for mediation d. accepting the employers decision

a. accepting an arbitrator's decision

Which of the following is a mandatory subject for collective bargaining? a. alcohol and drug testing of current employees b. discrimination by race, religion, or national origin c. membership of the bargaining team d. the scope of the bargaining unit

a. alcohol and drug testing of current employees

Which of the following terms refers to any action by employees to legitimately further their common interests pursued on behalf of or with other employees, and not solely by and on behalf of an individual? a. concerted activity b. intrinsic activity c. displacement activity d. correlation activity

a. concerted activity

An employer can implement a no-solicitation policy for employees during both work and nonwork hours if that policy ________. a. extends to all types of solicitation b. is approved by the union c. allows the distribution of union literature at the workplace d. is applicable only to union solicitation

a. extends to all types of solicitation

Which of the following types of strikes involves a union trying to pressure the employer to make work for union members through the limitation of production, increasing the amount of work to be performed, or other make-work arrangements? a. featherbedding b. recognitional c. jurisdictional d. rolling

a. featherbedding

Which of the following vacation plans provides an increase in the number of weeks of vacation according to length of service? a. graduated plan b. uniform plan c. ratio-to-work plan d. funded plan

a. graduated plan

A committee or group is generally considered a ________ if employees participate in it and at least one purpose is to deal with the employer on issues of grievances, labor disputes, wages, work rules, or hours of employment. a. labor organization b. quality circle c. restricted coalition d. kaizen group

a. labor organization

In the case of job bidding, a bid from one classification to another classification in the same pay grade is known as a(n) ________. a. lateral bid b. cross-bid c. down-bid d. up-bid

a. lateral bid

Contract costs for retiree benefits increases in retirement and health care provided in earlier contracts are known as _______ costs. a. legacy b. sunk c. historical d. inflation

a. legacy

Which of the following terms refers to the remarks made by an arbitrator that are irrelevant to the case brought to arbitration? a. obiter dictum b. animus nocendi c. fieri facias d. trinoda necessitas

a. obiter dictum

Which of the following types of seniority is most likely to be used for determining layoffs? a. plant-wide seniority b. departmental seniority c. classification seniority d. superseniority

a. plant-wide seniority

The graduated plan ________. a. provides all workers with the same length of vacation b. relates the length of vacation to the number of hours or days the employee works during a given time period c. provides an increase in the number of weeks of vacation according to length of service d. requires employers to contribute to a vacation fund from which employees may draw vacation pay during periods when no work is available

a. provides all workers with the same length of vacation

Which of the following terms refers to the payment of overtime on overtime that occurs if the same hours of work qualify for both daily and weekly overtime payment? a. pyramiding b. pink sheeting c. featherbedding d. whistle-blowing

a. pyramiding

A long-standing NLRB precedent provides that an employer who entertains a good-faith reasonable doubt whether a majority of its employees support an incumbent union can ________. a. request a formal board-supervised election b. appoint an employee team to replace the union c. request that the NLRB accept the leadership of the union d. implement a new contract without consulting the union

a. request a formal board-supervised election

When the shop steward and supervisor cannot resolve the grievance, then it may be appealed to the next higher level of management and union representative, usually within ________ calendar days. a. seven b. fifteen c. thirty d. forty-two

a. seven

Which of the following factors should be taken into consideration while determining the arbitrability of a dispute? a. the breadth of contractual issues b. the number of people affected by the dispute c. the financial impact of the dispute on the employer d. the time required for completing the arbitration of the dispute

a. the breadth of contractual issues

Which of the following factors is most likely to be a predictor of the success of a team within an organization? a. the level of autonomy provided to a team b. the long-term business strategy of the organization c. the size of the team d. the profitability of the organization

a. the level of autonomy provided to a team

A ________ strike refers to an economic strike conducted by a minority of the workers without the approval of the union and in violation of a no-strike clause in an existing contract. a. wildcat b. ground c. sickout d. general

a. wildcat

Which of the following is most likely to be used to assemble the crucial facts in a grievance? a. SWOT analysis b. 5Ws rule c. VRIO framework d. Pareto chart

b. 5Ws rule

Which of the following statements is true of a seniority system? a. The seniority system is based on the age and the educational qualifications of the employees. b. A seniority system is a mandatory subject in the collective bargaining process. c. Implementation of seniority systems is required by federal law. d. Strict formal seniority systems are common in nonunionized organizations, but rare among union employers.

b. A seniority system is a mandatory subject in the collective bargaining process.

During which of the following steps is a grievance said to have moved from the formal to informal stage? a. An employee informs a union steward about a grievance. b. An employee completes a grievance form. c. A union grievance committee is formed to resolve the grievance. d. A union reports a grievance to an arbitrator.

b. An employee completes a grievance form.

Which of the following is a difference between arbitration and litigation? a. Arbitration hearings are more formal than litigation. b. Arbitrators need not have legal training but people conducting litigation ought to have legal training. c. The labor-management issues that are not covered by the collective bargaining agreement are resolved by arbitration whereas the issues that are covered by the collective bargaining agreement are resolved by litigation. d. The decision given by an arbitrator is not binding on either of the party but the decision of litigation is binding on both the parties.

b. Arbitrators need not have legal training but people conducting litigation ought to have legal training.

Which of the following is an appropriate practice to be followed during a disciplinary investigation from the management's point of view? a. Avoid including oral warnings in an employee's personnel record instead, include only the written warnings. b. Before taking disciplinary action, consider the employee's past record. c. If a grievance goes to an arbitrator for resolution, put forward personality factors and unproven assumptions as they are easy to defend. d. Issue discipline only after a considerable time is passed after the misconduct so that the employee and the union get some time to understand the ill effects of the misconduct.

b. Before taking disciplinary action, consider the employee's past record.

________ are the most common tool to resolve conflicts arising between labor and management during the life of the agreement. a. Strikes b. Formal grievance procedures c. Work slowdowns d. Employer lockouts

b. Formal grievance procedures

Which of the following statements is true regarding an opener clause? a. It is a negotiated contract provision of a collective bargaining agreement that restricts either party from requiring the other party to bargain on any issue that was not previously negotiated in the agreement for the term of the contract. b. It is an agreement provision that allows future negotiations during the term of the contract on specific mandatory issues such as wages or health care. c. It is a negotiated contract provision stating that union members of one employer have the right to refuse to handle nonunion or struck goods of other employers. d. It is an agreement provision that protects the rest of the contract should one section come into conflict with state or federal law.

b. It is an agreement provision that allows future negotiations during the term of the contract on specific mandatory issues such as wages or health care.

The ________ Act provides for the arbitration of disputes involving collective bargaining agreements. a. Economic Opportunity b. Labor Management Relations c. Social Security d. Goldwater-Nichols Act

b. Labor Management Relations

Which of the following workers can claim benefits under the unemployment insurance system? a. John was fired from his job because he was involved in a financial scam. b. Mary lost her job because the employer shut down the plant in which she was working. c. Ted was fired from his job because of his improper behavior with his co-workers. d. Samantha resigned from her job because she found it boring.

b. Mary lost her job because the employer shut down the plant in which she was working.

________ is a practice where union officials pressure organizers into disclosing sensitive personal information. This information is recorded on a piece of paper and then the organizers are strongly urged to tell their personal stories of abuse or neglect to workers they were trying to organize in order to gain their support. a. Featherbedding b. Pink sheeting c. Surface bargaining d. Boulwarism

b. Pink sheeting

Which of the following terms refers to a group incentive plan in which accrued savings from increased efficiency are distributed among the workers and the employer? a. back-loaded plan b. Scanlon plan c. pyramiding d. piece-rate plan

b. Scanlon plan

Which of the following statements is TRUE of an arbitrator's award? a. The arbitrator's award becomes binding on both the parties only after it is approved by the NLRB. b. The arbitrator's awards are usually presented in written format. c. A union has a right to reject the arbitrator's award if a majority of the employees consider it to be inappropriate. d. The arbitrator's award is a part of a written document known as the arbitrator's opinion.

b. The arbitrator's awards are usually presented in written format.

Which of the following statements is TRUE of cash balance plans? a. The benefit grows slowly and provides an unpredictable benefit. b. The employer contributes a fixed percentage of workers' income to a hypothetical account and guarantees it will grow at a fixed rate. c. The use of cash balance plans increases the employer's pension liability and employers therefore avoid these plans. d. Under this plan, an employer provides health insurance to all the family members of the workers.

b. The employer contributes a fixed percentage of workers' income to a hypothetical account and guarantees it will grow at a fixed rate.

Which of the following indicates bad-faith bargaining on the part of an employer? a. The employer develops its BATNA before the bargaining begins. b. The employer refuses to make counter-proposals. c. The employer does not disclose its true resistance point during the bargaining. d. The employer insists on putting the agreement in writing only after all issues are agreed to.

b. The employer refuses to make counter-proposals.

Which of the following points must be shown to prove that an employee involvement program is in violation of the Wagner Act? a. The entity created by the program is not controlled by the employer. b. The entity created by the program is a labor organization. c. The entity created by the program includes union members. d. The entity created by the program consists of management representatives.

b. The entity created by the program is a labor organization.

In which of the following cases is a successor employer most likely to inherit the predecessor's contractual duty to arbitrate? a. The successor employer does not accept the existing bargaining unit and the union. b. There is "substantial continuity" between the old and the new companies. c. The existing union and the successor employer enter into a new collective bargaining agreement. d. The successor employer has a good-faith reasonable doubt whether the employees support the incumbent union.

b. There is "substantial continuity" between the old and the new companies.

Which of the following statements is true regarding the Worker Adjustment and Retraining Notification (WARN) Act? a. This Act requires employers to provide 10 days' advance written notice of either a plant closing or a mass layoff once the decision is made by management. b. This Act requires written notification even when other employees remain working if 50 or more are included in the shutdown. c. Advance notice of a temporary shutdown decision is not required if mass layoff decisions affect fewer than 100 employees. d. Most federal, state, and local government organizations are covered by this law.

b. This Act requires written notification even when other employees remain working if 50 or more are included in the shutdown.

A ________ Association is an organization for members who have an employment-related common bond, or coverage under one or more collective bargaining agreements, or membership in a labor union, to pay life, sick, accident, and similar benefits. a. Negotiated Benefits Distribution b. Voluntary Employees Beneficiary c. Central Benefits d. Rapid Employee Assistance

b. Voluntary Employees Beneficiary

The general purpose of the ________ Act is to warn workers and local communities of plant closing or mass layoff decisions by requiring employers to provide advance notice in either situation. a. Servicemen's Readjustment b. Worker Adjustment and Retraining Notification c. National Labor Relations d. Selective Training and Service

b. Worker Adjustment and Retraining Notification

A wage employment guarantee refers to a contract negotiation that assures employees ________. a. a fixed amount of monthly payment during a union strike or a management lockout b. a minimum amount of work or compensation during a specified amount of time c. a fixed amount of monthly payment after their retirement d. monitory assistance in the event of an accidental injury on the job

b. a minimum amount of work or compensation during a specified amount of time

Call-in pay is ________. a. the minimum payment guaranteed to employees who report for work even if work is not available b. a supplemental payment given to employees asked to report to work before they were scheduled c. the payment of overtime on top of another overtime rate that occurs if the same hours of work qualify for both daily and weekly overtime payment d. the payment given to the workers for working under undesirable circumstances, such as weekend work

b. a supplemental payment given to employees asked to report to work before they were scheduled

Which of the following terms refers to a bargaining process during which management meets with representatives of all the bargaining units at one time to discuss difficult economic issues? a. distributive bargaining b. arena bargaining c. pattern bargaining d. concession bargaining

b. arena bargaining

A(n) ________ plan is a type of defined-benefit pension plan under which an employer credits a participant's account with a set percentage of his or her yearly compensation plus interest. The investment performance of the fund does not affect the final benefits to be received by the participant upon retirement. a. employee stock ownership b. cash balance c. tax-deferred 401(k) d. fixed contribution

b. cash balance

Ted was fined by his employer for soliciting support for the union during working hours on the factory floor. A week later, Ted was fired from his job for the same offence. Under which of the following principles could Ted be reinstated into the job? a. the Globe doctrine b. double jeopardy c. the severability doctrine d. obiter dictum

b. double jeopardy

The NRLB protects the right of employees to distribute union literature ________. a. during working times and at the workplace b. during nonworking times and at nonworking areas c. during working times and at nonworking areas d. during nonworking times and at the workplace

b. during nonworking times and at nonworking areas

Generally, in the case of vesting, nonforfeitable rights accrue based on the ________. a. performance of the employee b. employee's number of years of service c. amount of basic salary of the employee d. age of the employee

b. employee's number of years of service

The primary objective of the NLRA is to ________. a. provide adequate compensation to injured employees b. encourage collective bargaining c. ensure job security for whistleblowers d. ensure that workers are informed in advance about an impending layoff

b. encourage collective bargaining

According to the ________ principle</keyterm> of combining the seniority lists, employees are allowed to continue previously earned seniority on separate seniority lists when their work with the merged company can be separately identified. a. surviving group b. follow the work c. length of service d. absolute rank

b. follow the work

In the case of job bidding, an up-bid is a bid ________. a. from one department to another department in the same pay grade b. from a lower to a higher pay grade c. from one classification to another classification within the same department and in the same pay grade d. from a higher to a lower designation and pay grade

b. from a lower to a higher pay grade

Generally, new employees begin acquiring seniority ________. a. from the first day after their first promotion b. from their date of first hire c. from the first day after receiving their first designation d. from the first day after completing the probationary period

b. from their date of first hire

Which of the following terms refers to the system of rules and regulations that labor and management fashion to define their specific employment rights and obligations in the workplace? a. posturing b. industrial jurisprudence c. framing d. successorship

b. industrial jurisprudence

If a genuine change of employer exists but the employing industry remains substantially the same, the successor employer ________. a. is required to recognize both the existing collective bargaining unit and its representative, and is bound by the agreement b. is required to recognize the existing collective bargaining unit and its representative, but is not bound by the agreement c. is not required to recognize the existing collective bargaining unit or its representative, and is not bound by the agreement d. is required to recognize the existing collective bargaining unit but not its representative, and is bound by the agreement

b. is required to recognize the existing collective bargaining unit and its representative, but is not bound by the agreement

Which of the following is usually the largest single cost incurred by most corporations? a. cost of raw material b. labor cost c. cost of transporting finished goods d. overhead cost

b. labor cost

A(n) ________ agreement is an agreement between the union and the employer that allows an employee who was fired for misconduct his job back with the condition that if the employee violates the agreement he will be discharged without right of an appeal. a. non-disclosure b. last chance c. service level d. collective bargaining

b. last chance

Which of the following types of employee misconduct is most likely to be handled through a progressive discipline system? a. threatening coworkers b. loafing during working hours c. stealing at the workplace d. picket like violence

b. loafing during working hours

Which of the following is a responsibility of the Federal Mediation and Conciliation Services' Office of Arbitration Services? a. investigating details of a dispute and based on that, selecting a suitable arbitrator for the dispute b. maintaining a roster of arbitrators qualified to hear and decide labor questions in labor-management disputes c. evaluating the merits of the underlying grievances submitted for arbitration d. determining the accuracy of the decision given by the arbitrator and then approving the decision so that it becomes binding on both the parties

b. maintaining a roster of arbitrators qualified to hear and decide labor questions in labor-management disputes

If an employee holds a second job during his/her free time then it is known as ________. a. whistle-blowing b. moonlighting c. astroturfing d. social loafing

b. moonlighting

Which of the following activities related to organizing a bargaining unit is an unfair labor practice? a. not letting nonemployees solicit union support outside of working time on employer's premise if union has any other access b. not letting employees distribute union material outside of working time in nonworking areas c. not letting employees solicit union support during working time on or off of employer's premises d. not allowing use of a bulletin board and meeting halls for any non-job-related business

b. not letting employees distribute union material outside of working time in nonworking areas

The 24-hour rule prohibits ________ within 24 hours of a scheduled election. a. the distribution of union material in working areas b. organizational campaign speeches on company time c. access to employees by union representatives d. surveillance of union members

b. organizational campaign speeches on company time

Typically, during ________ bargaining, the union leaders choose what they perceive as the weakest company—the one most susceptible to granting wage increases—and begin negotiations. Once negotiations are completed, the union insists that other firms in the industry agree to equal wage and benefit increases. a. integrative b. pattern c. surface d. arena

b. pattern

Which of the following benefits provided by an employer is most likely to motivate senior employees to remain with the organization in order to increase their retirement income? a. severance pay b. pension plans c. health insurance d. worker's compensation

b. pension plans

In which of the following wage systems do employees receive a standard rate of pay per unit of output? a. profit-sharing system b. piece-rate system c. deferred wage system d. Scanlon system

b. piece-rate system

In a ________ discrimination case, the employer puts forth only the legitimate business reason, but the complainant asserts that the prohibited reason is the true cause for the action. a. dual-motive b. pretext c. two-point d. systematic

b. pretext

Which of the following actions by an employer is most likely to be considered a violation of the NLRA? a. not allowing employee use of a company bulletin board b. providing financial support to a union c. forming a joint labor-management team to consider employment issues d. granting benefits during campaign consistent with past practice as to timing and amount

b. providing financial support to a union

Which of the following types of drug testing has raised the strongest criticism by unions, largely on the basis of an employee's right to privacy? a. reasonable suspicion testing b. random testing c. post-accident testing d. preemployment testing

b. random testing

Which of the following factors is considered when calculating base compensation? a. bonus b. rate of pay per unit c. pension benefits d. overtime pay

b. rate of pay per unit

A company called Excel Inc. has acquired another company called M&M Inc. Excel Inc. has 150 employees and M&M Inc. has 50 employees. It is decided that the seniority list will be combined according to the proportion of the number of employees in both the companies. Since the proportion is 3:1, in the first four places on the new seniority lists, the three positions ranked highest in Excel Inc. are given positions 1, 2, and 3, and the highest ranked position in M&M Inc. is given rank 4. Which of the following principles of combining seniority lists is used in this example? a. associative rank b. ratio-rank c. rank maintenance d. absolute rank

b. ratio-rank

The ________ plan relates the length of vacation to the number of hours or days the employee works during a given time period, usually the year preceding the allocation of vacation. a. funded b. ratio-to-work c. graduated d. uniform

b. ratio-to-work

Union officers and committee personnel may be given preferred seniority rights for layoff and recall situations. This is referred to as ________. a. departmental seniority b. superseniority c. plant-wide seniority d. classification seniority

b. superseniority

Rights arbitration refers to ________. a. issues not specifically mentioned in the contract b. the interpretation and application of current contract terms c. the consideration of past practice in settling disputes d. the analysis of evidence that is not contained within the collective bargaining agreement

b. the interpretation and application of current contract terms

The use of employee teams is encouraged when the team offers synergy, which means that ________. a. decisions made by employee teams are more likely to be implemented than decisions made by individuals b. the production of the team is greater than the sum of the production possible with individuals c. the levels of cohesion within smaller teams are greater than the levels of cohesion between employees in a department d. most of the people making up the team are more interested in the performance of the team than in individual performance

b. the production of the team is greater than the sum of the production possible with individuals

Which of the following is most likely to be included in the opening statement presented by a party during a hearing procedure for the arbitration of a grievance? a. the questions to be asked to the other party during cross examination b. the relief sought by the party c. the rules of evidence to be followed during the hearing d. the general bargaining practices followed in the industry

b. the relief sought by the party

In the Steelworks Trilogy cases the Supreme Court ________. a. ordered that employees with a substantial mutuality of interest in wages, hours, and working conditions can be appropriately grouped in a bargaining unit b. upheld the grievance arbitration process and limited judicial intervention c. ordered that a union can be certified to represent an appropriate bargaining unit only through a secret-ballot election d. upheld the right of employees to use the employer's bulletin board for the purpose of union solicitation

b. upheld the grievance arbitration process and limited judicial intervention

Which of the following is a means of attaining grievance resolution at the lowest possible level? a. decreasing the size of the union b. using feedback from previous grievance cases c. reporting the grievance to the Federal Labor Relations Authority d. consulting an arbitrator

b. using feedback from previous grievance cases

The conveying of employees' nonforfeitable rights to share in a pension fund is termed ________. a. conditioning b. vesting c. arbitrating d. qualifying

b. vesting

A partial strike involves ________. a. a takeover of the employer's property b. work slowdowns or refusal to work overtime c. striking without the approval of the union d. all the employees calling in sick to work

b. work slowdowns or refusal to work overtime

Employee teams have an impact on decisions and actions that affect their ________. a. seniority level b. workplace conditions c. salary d. promotion policies

b. workplace conditions

Which of the following is most likely to be an offence that calls for immediate discharge? a. a single instance of minor insubordination b. workplace violence c. failure to keep a time card d. failure to attend a meeting

b. workplace violence

The zipper clause is also known as a ________ clause. a. severability b. wrap-up c. scope d. escape

b. wrap-up

According to the FLSA, in order to be exempt from overtime compensation requirements, an employee must be paid a minimum salary of ________ per week. a. $275 b. $365 c. $455 d. $585

c. $455

Which of the following statements is TRUE of back-loaded contracts? a. A back-loaded contract provides wage increments according to the changes in the consumer price index (CPI). b. A company enters into a back-loaded contract only when it is facing a financial crisis. c. A back-loaded contract provides a lower wage adjustment in the first year with higher increases in later years of a multiyear contract. d. A company provides a back-loaded contract only when it cannot provide cost of living adjustments every year.

c. A back-loaded contract provides a lower wage adjustment in the first year with higher increases in later years of a multiyear contract.

Which of the following statements is TRUE of a grievance procedure? a. A grievance procedure is not pre-defined but it is designed on a case-by-case basis. b. Every grievance procedure is to be approved by the Federal Mediation and Conciliation Service. c. A grievance procedure must be provided in the collective bargaining agreement. d. Typically, a grievance procedure is used to determine an appropriate level of wage increase.

c. A grievance procedure must be provided in the collective bargaining agreement.

Which of the following statements is TRUE of a variable wage formula provision? a. A variable wage formula provision is most commonly found in the private sector. b. According to the variable wage formula provision, future wage increase is based on the consumer price index. c. According to the variable wage formula provision, future wage rate increases depend on the employer's future ability to pay. d. Under the variable wage formula provision, employees receive a share of the employer's profits in addition to their regular wages.

c. According to the variable wage formula provision, future wage rate increases depend on the employer's future ability to pay.

Under which of the following circumstances is the NLRB most likely to overturn a representation election? a. Union organizers contact employees outside the workplace to solicit support. b. The employer polls employees to determine if there is majority support for a union. c. An employee who does not support the union is threatened by a union organizer. d. The employer is in the process of acquiring another company.

c. An employee who does not support the union is threatened by a union organizer.

With reference to union solicitation, which of the following employer actions is considered an unfair labor practice? a. An employer refuses a nonemployee access to its property because there are other means</emphasis> to reach the employees. b. An employer implements a no-solicitation policy for employees during work or non-work hours, and that policy extends to all types of solicitation. c. An employer allows its employees to access its bulletin board, but prohibits union solicitation material from being displayed on the board. d. An employer prohibits the wearing of union buttons because it can cause damage to the product.

c. An employer allows its employees to access its bulletin board, but prohibits union solicitation material from being displayed on the board.

________ is a process in which the parties involved agree to submit an unresolved dispute to a neutral third party, whose decision is final and binding. a. Mediation b. Formalization c. Arbitration d. Polarization

c. Arbitration

Which of the following is an advantage of arbitration over the litigation process? a. A decision given by an arbitrator is not binding on either of the parties. b. The arbitration service is provided free of cost by the government. c. Both labor and management participate in the selection of the arbitrator. d. An arbitrator's decision is binding only when it is approved by the NLRB.

c. Both labor and management participate in the selection of the arbitrator.

Mathew has been working in a production company for the past 15 years. According to the union contract provision, the company grants promotions only on the basis of seniority. When a promotion opportunity came up, Mathew thought he would be given the promotion because of his seniority. But to his dismay, the promotion was given to his colleague who had joined the company a year ago. Mathew reported the grievance to the shop steward and he agreed that the grievance had some merit and should be pursued further. What is the immediate next step that Mathew and the steward should take? a. Negotiate a last chance agreement among the employer, union, and employee. b. Report the matter to an arbitrator. c. Complete a grievance form. d. Form a union grievance committee.

c. Complete a grievance form.

According to the ________ Act, certain employees must receive overtime pay of one and a half times the normal rate when they work over 40 hours per week. a. Selective Training and Service b. Worker Adjustment and Retraining Notification c. Fair Labor Standards d. National Labor Relations

c. Fair Labor Standards

The ________ Act is also called the United States Arbitration Act. a. Labor Management Relations b. Davis-Bacon c. Federal Arbitration d. Goldwater-Nichols

c. Federal Arbitration

Which of the following is a Federal Mediation and Conciliation Services' guideline for grievance mediation? a. The statement given by either party as part of the grievance mediation process or any documents prepared for a mediation session can be used during arbitration proceedings. b. The grievance mediation process is a formal process and the meetings should be tape recorded for future reference. c. If the parties cannot resolve the problem, the mediator may provide the parties in joint or separate session with an oral advisory opinion. d. If required, the mediator is obliged to testify for any party, either in court proceedings or before government regulatory authorities.

c. If the parties cannot resolve the problem, the mediator may provide the parties in joint or separate session with an oral advisory opinion.

Which of the following statements is TRUE of lump-sum payments? a. It is a pay incentive system in which employees receive a share of the employer's profits on a monthly basis as their payment. b. It is a wage system that pays newly hired workers less than current employees performing the same or similar jobs. c. It 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. d. It is a method of providing a general wage increase in which a lower wage adjustment is provided in the first year with higher increases in later years.

c. It 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.

Which of the following types of employee misconduct is most likely to warrant discharge on the first incident? a. Sam gets caught in a drunken driving case on a Saturday night while coming back from a party. b. Ron uses his office e-mail to communicate with his friends. c. Jack damages a glass cutting machine at the work place to inconvenience his colleague who uses it. d. Samantha participates in lunch-hour poker.

c. Jack damages a glass cutting machine at the work place to inconvenience his colleague who uses it.

Unfair labor practices are certain actions taken by employers or unions that violate the ________. a. Servicemen's Readjustment Act b. Class Action Fairness Act c. National Labor Relations Act d. Secure Fence Act

c. National Labor Relations Act

________ agreements require an employee who voluntarily quits before a specified period of time to pay the employer the cost of certain benefits. a. Back-loaded b. Legacy c. Payback d. Concessional

c. Payback

________ arbitration deals with the allegation that an existing collective agreement has been violated or misinterpreted. a. Reciprocal b. Distributive c. Rights d. Concurrent

c. Rights

With reference to employee misconduct, which of the following statements is TRUE of serious offenses? a. If an employee commits a serious offence, the matter should be immediately reported to a mediator without following the formal grievance procedure. b. Failing to punch a timecard is an example of a serious offence. c. Serious offenses under normal circumstances warrant immediate discharge. d. Serious offenses call for attempts at corrective action.

c. Serious offenses under normal circumstances warrant immediate discharge.

Under which of the following circumstances will a disciplinary action taken by management be considered a disciplinary action that is based on a just cause? a. The disciplinary action was administered by the management without adequate investigation. b. After a lax past enforcement, management suddenly started enforcing a rule without prior intimation. c. The employee was given adequate warning as to the consequences of his conduct. d. Management has enforced a rule against only a particular group of employees.

c. The employee was given adequate warning as to the consequences of his conduct.

Under which of the following circumstances does a labor-management issue become arbitrable even after the collective bargaining contract expires? a. The issue was not covered by the collective bargaining agreement. b. The worker involved in the issue was hired after the collective bargaining agreement was accepted by the union. c. The issue involves facts and events that occurred before the expiration of the contract. d. The issue affects more than 80 percent of the employees.

c. The issue involves facts and events that occurred before the expiration of the contract.

Which of the following statements is TRUE of arbitration of grievances under collective bargaining? a. In determining whether there is a duty to arbitrate a dispute, the courts should examine the merits of the underlying grievance. b. In labor contracts with an arbitration clause, if there is any doubt regarding the topics covered by the arbitration clause, then the topic should be considered as non-arbitrable. c. The parties are not required to arbitrate a dispute that they have not agreed to submit to arbitration. d. A court should enforce the decision of an arbitrator only after examining its correctness.

c. The parties are not required to arbitrate a dispute that they have not agreed to submit to arbitration.

Which of the following is a major disadvantage of grievance mediation? a. The process of grievance mediation is slower than arbitration. b. The process of grievance mediation is more expensive than arbitration. c. There is a possibility that the process of mediation will not lead to any settlement. d. The process of grievance mediation is not confidential and the mediator is obliged to share the details mediation of with the public.

c. There is a possibility that the process of mediation will not lead to any settlement.

Which of the following statements is TRUE of a defined benefit plan? a. In a defined benefit plan, the employer makes a specified dollar contribution to an account in a managed fund. b. In a defined benefit plan, the amount of money contributed by an employer is twice the amount of money contributed by an employee. c. Under a defined benefit plan, the amount of retirement benefit is fixed and the employee knows the amount. d. Under a defined benefit plan, an employer distributes company shares to the employees instead of the retirement benefits.

c. Under a defined benefit plan, the amount of retirement benefit is fixed and the employee knows the amount.

The ________ Act covers employees with federal contracts of over $10,000. It requires employers to pay overtime for any hours worked over eight per day at a rate of one and a half times the normal hourly rate. a. National Labor Relations b. Taft-Hartley c. Walsh-Healey d. Davis-Bacon

c. Walsh-Healey

Which of the following acts is more commonly known as the Plant Closing Act? a. National Labor Relations Act b. Fair Labor Standards Act c. Worker Adjustment and Retraining Notification Act d. Selective Training and Service Act

c. Worker Adjustment and Retraining Notification Act

During ________, a union exerts economic pressure on a neutral party indirectly related to the primary employer. The neutral party then exerts pressure against the primary employer. a. a lockout b. featherbedding c. a secondary boycott d. a wildcat strike

c. a secondary boycott

Which of the following terms refers to the employer's conduct that is not motivated, or at least not entirely motivated, by legitimate and substantial business reasons, but by a desire to penalize or reward employees for union activity or lack of it? a. sickout b. concerted activity c. antiunion animus d. surface bargaining

c. antiunion animus

A successor employer is most likely to be obligated to ________. a. accept the predecessor's collective bargaining agreement b. hire all existing employees irrespective of their union status c. arbitrate the grievances filed under the predecessor's collective bargaining agreement d. set the initial terms of employment only after consulting the union

c. arbitrate the grievances filed under the predecessor's collective bargaining agreement

A 10 percent three-year wage increase is provided as a 2 percent increase in the first year, 3 percent in the second year, and 5 percent in the third year. This is an example of a ________ contract. a. falling piece rate b. Scanlon plan c. back-loaded d. wage reopener

c. back-loaded

The first step in determining compensation costs is to determine the value of the ________. a. overtime b. pension benefits c. base compensation d. bonus

c. base compensation

Employers seek to qualify their pension plans under the IRS provisions because ________. a. once a pension plan is qualified, the employees begin to pay taxes for the amount of money invested in the pension plan by them as well as the employer b. once a pension plan is qualified, the Pension Benefit Guarantee Corporation begins contributing to the pension plan in place of the employer c. by qualifying the pension plan, an employer can deduct pension contributions made to the qualified plan as business expenses for tax purposes d. by qualifying the pension plan, an employer can prevent union members from receiving the benefits of the pension plan

c. by qualifying the pension plan, an employer can deduct pension contributions made to the qualified plan as business expenses for tax purposes

Which of the following terms refers to the recognition of the bargaining history of those in the same industry to determine the respective rights of the parties involved in a labor dispute? a. parol evidence b. agency shop c. common law of the shop d. arbitrability

c. common law of the shop

Roll-up is also known as ________. a. yield b. legacy cost c. creep d. rising piece rate

c. creep

In the case of a grievance procedure, at which stage are most grievances containing little merit dropped? a. reporting the matter to a mediator b. forming a union grievance committee for resolving the grievance c. discussing the grievance with the supervisor after it is put in writing d. negotiating a last chance agreement with the employer

c. discussing the grievance with the supervisor after it is put in writing

According to the concept of ________, a person cannot be punished twice for the same offense based on the same conduct. a. severability b. common law of the shop c. double jeopardy d. arbitrability

c. double jeopardy

The Pension Benefit Guarantee Corporation (PBGC) was established within the Department of Labor to ________. a. provide guaranteed pensions to union members during a union strike b. conduct employee wellness programs in those companies that have labor unions c. encourage voluntary employee pension continuance when changing employment d. provide monetary compensation to a worker who has been injured on the job

c. encourage voluntary employee pension continuance when changing employment

A perceived violation of a contract provision is known as a(n) ________. a. gripe b. injunction c. grievance d. lockout

c. grievance

In the day-to-day administration of a collective bargaining agreement, the majority of time is spent on ________. a. bargaining wages b. soliciting support for the union c. grievance handling d. creating awareness among employees about their rights

c. grievance handling

Which of the following employee benefits involves an employer contributing a fixed amount of tax-deferred money into an account for the employee to use for medical expenses? a. supplemental unemployment benefits b. wellness programs c. health reimbursement arrangement d. shift differentials

c. health reimbursement arrangement

Which of the following actions taken by union members is most likely to be condemned by the NLRB? a. distributing union literature among employees b. soliciting support for a union from fellow employees c. holding election-day raffles d. wearing union buttons and insignias

c. holding election-day raffles

For a committee or group to be considered a "labor organization" at least one of its purposes should be to deal with the employer on the issue of ________. a. discrimination by race b. indemnity bonds c. hours of employment d. preferential hiring

c. hours of employment

Which of the following terms refers to a systematic method of determining the worth of a job to an organization? a. job enrichment b. job rotation c. job evaluation d. job enlargement

c. job evaluation

When a strike is called because two unions are in dispute as to whose workers deserve the work, it known as a ________ strike. a. featherbedding b. recognitional c. jurisdictional d. rolling

c. jurisdictional

Which of the following terms refers to a written agreement that describes the conduct of an employee that led to the potential termination, specific policy violations, and specific work requirements that if not met will lead to termination in the future, as well as the employee's forfeit of arbitration or litigation rights? a. nondisclosure agreement b. service level agreement c. last chance agreement d. collective bargaining agreement

c. last chance agreement

Which of the following terms refers to a doctrine that advocates one standard wage rate for each job and all employees who perform it? a. front-end loading b. profit-sharing c. pay equity d. pyramiding

c. pay equity

The worker's compensation benefit is designed to ________. a. provide supplemental income to retired workers b. share company profits with the workers on a monthly basis c. provide assistance to employees injured on the job d. provide relocation compensation to newly hired workers

c. provide assistance to employees injured on the job

The payment of overtime on overtime, which can occur if the same hours of work qualify for both daily and weekly overtime payment is known as ________. a. shift differential b. floating holiday c. pyramiding d. reporting pay

c. pyramiding

In unionized organizations, agreements often specify ________ as the sole decision criterion in layoff and recall situations. This method is generally promoted by employees but not favored by employers. a. age b. qualifications c. seniority d. performance

c. seniority

Most contracts contain a ________ clause that protects the rest of the contract should one section come into conflict with state or federal law. a. escape b. zipper c. severability d. opener

c. severability

Which of the following is the most common form of concerted activity? a. lockouts b. surface bargaining c. strikes d. dual-motive discrimination

c. strikes

Which of the following terms refers to an arrangement by an employer to have another firm make goods or perform work that could be accomplished by the employer's own bargaining unit employees? a. posturing b. pyramiding c. subcontracting d. framing

c. subcontracting

In the case of drug testing, during the collection and testing processes, a "Chain of Custody" form is used to ensure ________. a. the confidentiality of the test result b. that the employee who tests positive gets an opportunity to undergo a rehabilitation program c. that there is no tampering of the samples involved in the testing d. that the employee who tests positive is reinstated on the job after the completion of the rehabilitation program

c. that there is no tampering of the samples involved in the testing

The implicit contract theory supports the "last-hired, first-fired" rule because, according to this theory, ________. ​ a. employees increase their productivity with experience b. collective bargaining produces rules and procedures to ease the tension between the union and the management c. the career strategy of employers encourages employees to commit themselves to steady productive work d. employee turnover rate depends on the benefits provided to them such as flexible work scheduling

c. the career strategy of employers encourages employees to commit themselves to steady productive work

Which of the following factors is most likely to be considered by an arbitrator while resolving a case of employee misconduct? a. the skill set of the employee b. the educational qualification of the employee c. the employee's length of service with the company d. the employee's designation in the company

c. the employee's length of service with the company

The law on successorship provides that if there is a genuine change in the collective bargaining representative, ________. a. the successor representative can change only that part of the existing collective bargaining contract which deals with wages and hours of employment b. the successor representative must obtain the approval of the management c. the existing collective bargaining contract is not binding on the successor representative d. the successor representative can renegotiate only the permissive bargaining items with management

c. the existing collective bargaining contract is not binding on the successor representative

Payback agreements require an employee ________. a. to pay a fine to the employer if the employee actively solicits support for the union b. to contribute a fixed percentage of his/her salary to the employee provident fund c. to pay the employer the cost of certain benefits if he/she voluntarily quits before a specified period of time d. to pay a fine to the employer if his/her output is less than the predefined level of output

c. to pay the employer the cost of certain benefits if he/she voluntarily quits before a specified period of time

Which of the following is usually sufficient ground for immediate discharge? a. union activity during nonwork hours b. using company e-mail c. unauthorized strike participation d. off-duty misconduct

c. unauthorized strike participation

Which of the following vacation plans provides all workers with the same length of vacation? a. graduated plan b. ratio-to-work plan c. uniform plan d. funded plan

c. uniform plan

Which of the following types of benefits is designed to protect employees and their families against permanent loss of income and high medical bills because of accidental injury or illness on the job? a. pension b. employee stock ownership plan c. worker's compensation d. unemployment insurance

c. worker's compensation

The ________ clause is a provision of a collective bargaining agreement that restricts either party from requiring the other party to bargain on any issue that was not previously negotiated in the agreement for the term of the contract. a. opener b. escape c. zipper d. severability

c. zipper

Which of the following statements is TRUE of a last chance agreement? a. Whenever any change occurs in the union, the collective bargaining agreement is renegotiated with the employer and it is known as the last chance agreement. b. A last chance agreement is an agreement between a union and an employee who is not a union member. c. If an employee violates a last chance agreement then the matter is directly reported to an arbitrator without following the usual grievance procedure and the arbitrator makes a final binding decision. d. A last chance agreement allows an employee who was fired for misconduct his job back with the condition that if the employee violates the agreement he will be discharged without right of an appeal.

d. A last chance agreement allows an employee who was fired for misconduct his job back with the condition that if the employee violates the agreement he will be discharged without right of an appeal.

________ arbitration can be far more successful in the public sector than the private sector because of political pressures. Under this type of arbitration, an unbiased third party examines the collective bargaining impasse and issues findings and recommendations. a. Integrative b. Reformatory c. Associative d. Advisory

d. Advisory

Under which of the following conditions does an employee become eligible for supplemental unemployment benefits? a. After having worked for eight months in a company, Patrick lost his job due to his poor work performance. b. John was fired from his job because he was involved in a financial fraud in his company. c. Sally is a union member and is actively participating in a strike. d. After having worked for three years in a company, Samantha lost her job because the employer decided to shut down the plant.

d. After having worked for three years in a company, Samantha lost her job because the employer decided to shut down the plant.

Which of the following laws provides for the continuation of medical and dental insurance for employees, spouses, and dependents in the event of termination of employment, death of the employee, divorce, legal separation, or reduction of hours, which results in the loss of group health plan eligibility? a. Regulatory Flexibility Act b. Economic Recovery Tax Act c. Balanced Budget and Emergency Deficit Control Act d. Consolidated Omnibus Budget Reconciliation Act

d. Consolidated Omnibus Budget Reconciliation Act

Which of the following statements is TRUE of a disciplinary procedure? a. Disciplinary procedures are developed to administer last chance agreements. b. Disciplinary procedures are unilaterally determined by the union. c. Disciplinary procedures require approval of the Office of Legal Counsel. d. Disciplinary procedures are outlined in most collective bargaining agreements.

d. Disciplinary procedures are outlined in most collective bargaining agreements.

________ in any form has been held a violation of the unfair labor practices section of the National Labor Relations Act. a. Discriminatory action b. Union solicitation c. Union election d. Employee surveillance

d. Employee surveillance

With reference to the National Labor Relations Act, which of the following statements is true of the employees' right to solicit support for a union? a. Employees are allowed to solicit support for a union from their fellow employees during working times. b. Employees are not allowed to solicit support for a union from their fellow employees on the employer's property. c. Employees are allowed to distribute union literature at the workplace. d. Employers in retail businesses can prohibit union solicitation by employees in areas where the public is invited.

d. Employers in retail businesses can prohibit union solicitation by employees in areas where the public is invited.

Which of the following statements is true regarding layoffs in unionized organizations? a. In most labor contracts, the highest paid employees are laid off first, with further layoffs made in accordance with performance levels as necessary. b. In unionized organizations, agreements specify age as the sole decision criterion in layoff and recall situations. c. If the workforce is increased after a layoff, laid-off employees are to be recalled according to past performance levels for appropriate jobs. d. In cases involving temporary or emergency layoffs, management is often given more flexibility in selecting employees than in indefinite layoffs.

d. In cases involving temporary or emergency layoffs, management is often given more flexibility in selecting employees than in indefinite layoffs.

A qualified plan generally refers to a plan that meets standards set by the ________. a. Office of the Comptroller of the Currency b. Bureau of International Labor Affairs c. Office of Banking and Securities d. Internal Revenue Service

d. Internal Revenue Service

Which of the following statements is TRUE of a progressive discipline system? a. It addresses serious employee offences. b. Its objective is to determine whether or not to discharge an employee accused of misconduct. c. It develops a last chance agreement on behalf of the employer. d. It allows employees to correct their inappropriate behavior without serious or permanent consequences.

d. It allows employees to correct their inappropriate behavior without serious or permanent consequences

What is a hot cargo agreement? a. It is an agreement provision that allows future negotiations during the term of the contract on specific mandatory issues such as wages or health care. b. It is an agreement provision that protects the rest of the contract should one section come into conflict with state or federal law. c. It is a negotiated contract provision of a collective bargaining agreement that restricts either party from requiring the other party to bargain on any issue that was not previously negotiated in the agreement for the term of the contract. d. It is a negotiated contract provision stating that union members of one employer have the right to refuse to handle nonunion or struck goods of other employers.

d. It is a negotiated contract provision stating that union members of one employer have the right to refuse to handle nonunion or struck goods of other employers.

The ________, in addition to civil and antidiscrimination laws, provides restrictions on employee discipline. The act prohibits disciplinary action against employees for union-related activity. a. Selective Service Act b. Federal Control Act c. Reed-Jenkins Act d. Labor-Management Relations Act

d. Labor-Management Relations Act

In the ________ case, the Supreme Court ordered an employer to arbitrate grievances as provided for in a collective bargaining agreement, stating that an employer's agreement to arbitrate grievance disputes was a trade-off for the union's agreement not to strike. a. Steelworkers Trilogy b. Warrior & Gulf case c. Gooseplay d. Lincoln Mills

d. Lincoln Mills

An employer's refusal to process grievances is a violation of the ________. a. Davis-Bacon Act b. Performance Rating Act c. Hatch Act d. National Labor Relations Act

d. National Labor Relations Act

The Employee Retirement Income Security Act (ERISA) is also known as the ________ Act. a. Walsh-Healey b. Davis-Bacon c. Retirement Equity d. Pension Reform

d. Pension Reform

William has been working at H&S for the past 12 years. When some family trouble arose, William wanted to work in the afternoon shift for a month rather than his usual morning shift. The work performed in the afternoon shift was exactly the same as that in the morning shift and William had all the skills required to perform the job. One of his colleagues, Jack, who worked on the afternoon shift, was willing to swap shifts with William for a month but the supervisor did not allow William to change his shift. William reported the grievance to the union and it could not be resolved even after a long discussion with the management. Which of the following steps is most likely to be taken by the union as the final step in the grievance handling procedure? a. Announce a strike. b. Report the matter to the NLRB. c. File a complaint against the employer in the court. d. Request an arbitrator to resolve the grievance.

d. Request an arbitrator to resolve the grievance.

________ arbitration is also known as grievance arbitration. a. Concurrent b. Interest c. Reciprocal d. Rights

d. Rights

Which of the following statements is true regarding a labor-management team created to consider employment issues in a unionized organization? a. The creation of such teams is illegal when there is a union to represent the employees. b. All the members of this team must be appointed by management. c. Such a team can be created only when most employees support the incumbent union. d. Such a team should contain more union members than management.

d. Such a team should contain more union members than management.

Which of the following statements is TRUE of arbitrators? a. Arbitrators must be approved by the Federal Mediation and Conciliation Services' Office of Arbitration Services. b. Arbitrators have to complete a certification course in arbitration before they can perform the duties of an arbitrator. c. Only attorneys and judges can be arbitrators in labor-management disputes. d. The collective bargaining agreement can specify the education or technical training that arbitrators require.

d. The collective bargaining agreement can specify the education or technical training that arbitrators require.

According to the Fair Labor Standards Act, under which of the following circumstances is an employee most likely to be considered eligible to receive overtime pay? a. The employee earns over $100,000 per year. b. The employee has the authority to recommend the hiring or firing, or promotion of others. c. The employee directs three full-time employees. d. The employee is paid by the hour.

d. The employee is paid by the hour.

Which of the following statements is TRUE regarding grievance mediation? a. Increasingly, contracts provide for grievance mediation as a voluntary last step after arbitration. b. During grievance mediation, the decision given by the mediator is binding on both the parties. c. Grievance mediation acts as a substitute for the contractual grievance resolution process. d. The grievance mediation process is confidential and mediator has no authority to compel a resolution.

d. The grievance mediation process is confidential and mediator has no authority to compel a resolution.

Which of the following points should be kept in mind by an arbitrator while assessing credibility of witnesses? a. The most confident witness is always the most accurate. b. Demeanor alone can reveal that a witness is lying. c. Witnesses are generally accurate in remembering the details of an event. d. The occupation or social class of a witness does not guarantee veracity.

d. The occupation or social class of a witness does not guarantee veracity.

Under which of the following circumstances is a successor employer considered to be guilty of an unfair labor practice? a. The successor employer sells off a large part of the existing business. b. The successor employer disregards the predecessor's collective bargaining agreement. c. The successor employer sets the initial terms of employment, such as wages, benefits, and working conditions, without consulting the union. d. The successor employer refuses to hire existing employees due to their union status.

d. The successor employer refuses to hire existing employees due to their union status.

During a negotiation, in which of the following situations can an employer bypass the union and communicate the offer directly to the employees? a. The union representatives insist on taking the contract back for a vote of union members before acceptance. b. The employer provides financial support to the union. c. The employer has a good-faith reasonable doubt about whether a majority of its employees support the incumbent union. d. The union refuses the final offer during the contract negotiation.

d. The union refuses the final offer during the contract negotiation.

Which of the following statements is TRUE of cost-of-living adjustments (COLAs)? a. COLAs are provided to employees only if the company makes a profit. b. The value of the COLA changes from employee to employee based on performance. c. The majority of collective bargaining agreements provide for monthly COLA adjustments. d. The value of the COLA is based on the consumer price index (CPI).

d. The value of the COLA is based on the consumer price index (CPI).

Which of the following statements is TRUE of a profit-sharing plan? a. Under a profit-sharing plan, wage increases provided to the workers are based on the consumer price index. b. Under a profit-sharing plan, the wages paid to workers are based on the number of hours they work over the required time. c. Profit-sharing plans tend to increase waste and decrease efficiency. d. Under a profit sharing plan, employees receive a lump-sum payment in addition to their regular wages based on sales levels.

d. Under a profit sharing plan, employees receive a lump-sum payment in addition to their regular wages based on sales levels.

The ________ adopted an elaborate form of interest arbitration, known as the Experimental Negotiating Agreement, in the 1970s as a means of avoiding the long and costly strikes that had made the industry vulnerable to foreign competition. a. International Workers Association b. Brotherhood of Railroad Signalmen c. International Association of Fire Fighters d. United Steelworkers of America

d. United Steelworkers of America

What is a pension? a. compensation given to a worker who has been injured on the job b. a payment given to employees in the form of company shares c. a performance-based incentive given to workers on a monthly basis d. a guaranteed monthly payment to a former employee during retirement

d. a guaranteed monthly payment to a former employee during retirement

With reference to union activities, a "salt" is ________. a. an employee who switches support between two competing unions in a workplace b. a union representative who solicits support for a union by threatening workers c. a management representative who actively voices support for union activities d. a paid union organizer who secures a job in a workplace in order to organize a union

d. a paid union organizer who secures a job in a workplace in order to organize a union

Which of the following is an optional step in the hearing procedure for the arbitration of a grievance? a. an opening statement by the initiating party b. the presentation of evidence, witnesses, and arguments by the defense c. the presentation of evidence, witnesses, and arguments by the initiating party d. a summation by the initiating party

d. a summation by the initiating party

With reference to the principles used for combining seniority lists in the event of a merger, the ________ principle gives employees rank positions on the merging seniority lists equal to their rank position on the prior seniority lists. a. associative rank b. ratio-rank c. rank maintenance d. absolute rank

d. absolute rank

When the surviving group principle is used for combining the seniority lists of merged companies, ________. a. employees are allowed to continue previously earned seniority on separate seniority lists when their work with the merged company can be separately identified b. employees' rank positions on the merging seniority lists are equal to their rank positions on the prior seniority lists c. an employee's length of service is considered, regardless of which company he or she worked for before the merger d. all the employees of the acquiring company receive greater seniority consideration than any employee of the acquired company

d. all the employees of the acquiring company receive greater seniority consideration than any employee of the acquired company

A worker's compensation program comes into play when ________. a. an employee requires treatment for alcohol or drug abuse b. employees lose their jobs when a plant shuts down c. an employee retires from a job paying an hourly wage d. an employee is injured or ill on the job

d. an employee is injured or ill on the job

In the landmark case of Lincoln Mills, the Supreme Court ordered that ________. a. employees should be allowed to solicit support for a union from their fellow employees during nonworking times b. employees should be allowed to take up to 12 weeks of unpaid leave every year for family reason. c. an employer who entertains a good-faith reasonable doubt whether the employees support the incumbent union, can withdraw recognition from the union and refuse to bargain with that union d. an employer should arbitrate grievances as provided for in a collective bargaining agreement

d. an employer should arbitrate grievances as provided for in a collective bargaining agreement

Employee assistance programs are designed to provide ________. a. monetary assistance to those employees who have been injured on the job b. guaranteed monthly payments to retired employees c. income to those employees who have been permanently terminated from the job through no fault of their own d. assistance to employees in resolving personal problems, such as stress

d. assistance to employees in resolving personal problems, such as stress

A ________ contract provides a lower wage adjustment in the first year with higher increases in later years of a multiyear contract. a. wage reopener b. falling piece rate c. pyramiding d. back-loaded

d. back-loaded

Which of the following activities related to election campaigning is a fair labor practice? a. making campaign speeches on company time within 24 hours of an election b. electioneering near the polls c. promising or granting benefits during a campaign that are inconsistent with past practice d. communicating general views about possible economic consequence of unionization

d. communicating general views about possible economic consequence of unionization

Which of the following terms refers to a type of bargaining that involves negotiating reductions in previously negotiated wages, benefits, or work rules, usually in exchange for management-guaranteed employment levels during the term of a contract? a. pattern bargaining b. arena bargaining c. distributive bargaining d. concession bargaining

d. concession bargaining

Under a(n) ________, the employer makes a specified dollar payment to an account in a managed fund, and the retirement benefit depends on the investment gains or losses by the fund. a. tax-deferred 401(k) plan b. defined benefit plan c. employee stock ownership plan d. defined contribution plan

d. defined contribution plan

The initial step in a grievance procedure usually instructs an employee to ________. a. register a complaint with the police b. file a complaint with the NLRB c. report the matter to the union grievance committee d. discuss the grievance with the shop steward

d. discuss the grievance with the shop steward

The union contract provisions usually include that ________ may request arbitration as a final step in resolving the grievance. a. the NLRB b. only management c. the Federal Mediation and Conciliation Service d. either management or labor

d. either management or labor

According to the productivity theory, ________. a. newly hired workers should be paid less than current employees performing the same or similar jobs b. wage increases provided to the workers should be based on the changes in the consumer price index (CPI) c. employees should be paid a fixed hourly rate of pay irrespective of their productivity d. employees should share in increased profits achieved because of their efforts

d. employees should share in increased profits achieved because of their efforts

Which of the following is most likely to be considered a minor offence? a. stealing at the workplace b. picket line violence c. threatening coworkers d. failure to attend meetings

d. failure to attend meetings

In the case of job bidding, a down-bid is a bid ________. a. from one department to another department in the same pay grade b. from a lower to a higher designation and pay grade c. from one classification to another classification within the same department and in the same pay grade d. from a higher to a lower pay grade

d. from a higher to a lower pay grade

Which of the following refers to a deferred wage increase in which a larger proportion of the total increase occurs in the first year of a multiyear contract? a. rising piece rate b. Scanlon plan c. falling piece rate d. front-end loading

d. front-end loading

The ________ vacation plan provides an increase in the number of weeks of vacation ​according to length of service. a. uniform b. ratio-to-work c. funded d. graduated

d. graduated

If an employee does not like the harsh tone of his supervisor, the employee is said to have a(n) ________. a. injunction b. grievance c. preemption d. gripe

d. gripe

A sufficient or proper reason for which management has the right to discipline or discharge employees is known as a(n) ________. a. clause tontine b. arbitrable issue c. obiter dictum d. just cause

d. just cause

A tripartite arbitration board is composed of ________ and a neutral member who serves as chairperson. a. members of the NLRB and an equal number of members of the Federal Labor Relations Authority b. members of the Federal Labor Relations Authority and an equal number of members selected by management c. members selected by union and an equal number of members of the NLRB d. members selected by management and an equal number of members selected by union

d. members selected by management and an equal number of members selected by union

The primary goal for most management negotiators in bargaining is to ________. a. decrease the number of work hours b. maximize the health insurance benefits provided to the employees c. increase the value of the cost-of-living adjustments d. minimize the cents-per-hour direct wage increase

d. minimize the cents-per-hour direct wage increase

Which of the following terms refers to a proof that is not contained within the four edges of the collective bargaining agreement? a. past practice b. common law of the shop c. just cause d. parole evidence

d. parole evidence

Which of the following terms refers to wages that exceed the standard or regular pay rate and are given to employees for work performed under undesirable circumstances, such as overtime hours, weekend work, holiday work, or dangerous and hazardous circumstances? a. severance pay b. worker's compensation c. guaranteed wages d. premium pay

d. premium pay

Appeals to replacement workers or delivery people not to cross a picket line or appeals to employees of subcontractors not to continue work essential to the operation are examples of activities included in a ________. a. lockout b. wildcat strike c. sickout d. primary boycott

d. primary boycott

The uniform vacation plan ________. a. requires employers to contribute to a vacation fund from which employees may draw vacation pay during periods when no work is available b. provides an increase in the number of weeks of vacation according to length of service c. relates the length of vacation to the number of hours or days the employee works during a given time period d. provides all workers with the same length of vacation

d. provides all workers with the same length of vacation

Which of the following benefits is most likely to be included in a payback agreement? a. housing rent allowance b. conveyance costs c. health insurance premium d. relocation costs of new employees

d. relocation costs of new employees

The system provides supplemental income to ________. a. those who have never worked because of disabilities b. those employees who earn less than $100 per week c. unskilled laborers d. retired workers

d. retired workers

The direct increase in benefits caused by a negotiated wage increase is referred to as the ________. a. legacy cost b. front-end load c. sunk cost d. roll-up

d. roll-up

A "seniority system" within a company is a set of rules governing the allocation of economic benefits and opportunities on the basis of ________. a. basic salary b. age c. educational qualifications d. service with one employer

d. service with one employer

If there is a change in either a collective bargaining representative or an employer, parties to an unexpired collective bargaining agreement may not be certain of their status. Which of the following terms is used by the courts to refer to these situations? a. lockout b. commitment escalation c. arbitration d. successorship

d. successorship

A grievance is presumed to be arbitrable if ________. a. the courts determine that the underlying grievance has merit b. the management and the union are not able to reach an agreement even after negotiating the issue for one month c. the agreement does not include the topic under consideration d. the contract provides for the arbitration of grievances and does not exclude the topic under consideration

d. the contract provides for the arbitration of grievances and does not exclude the topic under consideration

In a contributory plan, ________. a. the employer pays a portion of the funding and the Pension Benefit Guarantee Corporation pays the other portion b. the employee pays a portion of the funding and the Pension Benefit Guarantee Corporation pays the other portion c. the Pension Benefit Guarantee Corporation pays a portion of the funding and the Bureau of the Public Debt pays the other portion d. the employer pays a portion of the funding and the employee pays the other portion

d. the employer pays a portion of the funding and the employee pays the other portion

Under a piecework system, employees are paid depending on ________. a. the number of steps required to produce a unit b. the profits generated by the company in the month c. the total hours, including overtime, worked d. the number of units produced

d. the number of units produced

A ________ wage system is a wage system that pays newly hired workers less than current employees performing the same or similar jobs. a. piece-rate b. standard pay c. back-loaded d. two-tier

d. two-tier