E-M Relations Exam 3

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

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

A long-standing NLRB precedent provides that an employer who entertains 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

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

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

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

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

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 the 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

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

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

Which of the following is the last step of a grievance 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

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 and Appeals Board

a

Which of the following statements is TRUE of interest arbitration? a. most interest arbitration in the United States occurs in the public sector 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

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

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

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

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

b

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

In the Steelworkers Trilogy cases the Supreme _______. a. ordered that employees with a substantial mutuality of interest in wages, hours, and working conditions can appropriately be 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

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

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

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 offense. 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

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

The NLRB protects the rights 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

The general purpose of the _______ Act is to warn workers and local communities of plan 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

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

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 d. most of the people making up the team are more interested in the performance of the team than in individual performance

b

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

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

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

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

Which of the following is a difference between mediation 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 litigation d. the decision given by an arbitrator is not binding on either of the parties but the decision of litigation is binding on both the parties

b

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

Which of the following is most likely to be an offense 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

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

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

b

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 organizations c. the entity created by the program includes union members d. the entity created by the program consists of management representatives

b

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

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

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

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

_________ 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. works slowdowns d. employer lockouts

b

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

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

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. lockout b. featherbedding c. a secondary boycott d. a wildcat strike

c

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

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

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 unions c. grievance handling d. creating awareness among employees about their rights

c

In unionized organizations, agreements ofter 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

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

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

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

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

Under which of the following circumstances will a disciplinary action taken by management be considered a disciplinary action that is based on 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

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

c

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

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

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 if 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

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 of mediation with the public

c

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

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

c

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

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

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

With reference to employee misconduct, which of the following statements is true of serious offenses? a. if an employee commits a serious offense, 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 offense c. serious offenses under normal circumstances warrant immediate discharge d. serious offenses call for attempts at corrective action

c

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

c

_____ 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

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

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

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

In the ______ case, the Supreme Court ordered that employers 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

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

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 reasons 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

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

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

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

When the surviving group principle is used for combining the seniority lists of merged companies, ________. a. employees are allowed to continue previously earned 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

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 practices d. communicating general views about possible economic consequences of unionization

d

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 merits of the underlying grievances submitted for arbitration d. the collective bargaining agreement can specify the education or technical training that arbitrators require

d

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

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

d

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 outline in most collective bargaining agreements

d

Which of the following statements is TRUE of a progressive discipline system? a. it addresses serious employee offenses b. its objective is to determine whether or not to discharge 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

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 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

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

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

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

_____ 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 issue findings and recommendations a. Integrative b. reformatory c. associative d. advisory

d

_____ 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

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

b

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

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

c

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

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

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

d

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 a union and an equal umber of members of the NLRB d. members selected by management and an equal number of members selected by the union

d

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