Labor Relations Chapter 6
Cindy, an employee of Stellar Snowboard Manufacturing has just signed an authorization card during a union organizing campaign by Local 79 of the Teamsters Union. Cindy has agreed with which of the following statements: A: "I am requesting the NLRB hold a representation election at my employer's place of business." B: "I authorize Teamsters Local 79 to be my collective bargaining agent in negotiations with Stellar Snowboard." C: "I authorize Stellar Snowboard to deduct union dues for Teamsters Local 79 from my paycheck." D: "I authorize Teamsters Local 79 to use a portion of my union dues money for the purpose of political lobbying."
"I authorize Teamsters Local 79 to be my collective bargaining agent in negotiations with Stellar Snowboard."
If a union gathers signed authorization cards from more than ____________________ percent of the employees, it can ask the employer to recognize the union as the bargaining agent of the employees. A: 15 B: 30 C: 50 D: 65
50
Approximately what percentage of newly organized bargaining units secure a first contract following a successful union election? A: 25-30% B: 90% C: 70%-75% D: 10%
70%-75%
When an employer prohibits outside organizations from entering the workplace and interacting with workers, it is called ____________________. A: A private injunction B: A no solicitation rule C: Salting D: The Monarch Rubber rule
A no solicitation rule
Which of the following is not a legal tactic that unions can use to attempt to organize workers: A: Hold one-on-one meetings with employees to encourage them to join the union. B: Distribute flyers and letters to potential members. C: Visiting employees in their homes in an attempt to get them to join the union. D: All of the above are legal.
All of the above are legal
Which of the following is not likely to be considered discriminatory by the NLRB? A: Allowing employees to send messages asking people to contribute to the United Way but not allowing messages asking coworkers to join a union. B: Allowing employees to distribute flyers at work for a cancer fundraiser while not allowing them to distribute flyers for a union. C: Allowing employees to sell Girl Scout cookies at work while prohibiting them from collecting authorization cards at work. D: Allowing employees to sell Avon products at work while prohibiting them from collecting authorization cards at work.
Allowing employees to send messages asking people to contribute to the United Way but not allowing messages asking coworkers to join a union
A union is attempting to organize clerical and factory workers at a local manufacturing plant in Oshkosh. The NLRB makes a determination to include the clerical and factory workers in the same bargaining unit because they have indicated that their demands are very similar. The NLRB is applying a principle of: A: Community of interests. B: Geographical proximity. C: Interdependence of jobs. D: Exchange of labor.
Community of interests
Arguably, the most important determinant of a bargaining unit is: A: Geographical location. B: Functional integration. C: Community of interests. D: Size of the bargaining unit.
Community of interests.
The decision to exclude supervisors under the NLRA is controversial because: A: Supervisors' interests are too closely aligned with those of other employees and this would make a union too powerful. B: Supervisors are routinely treated poorly when compared to other employees and need more, not less, protection. C: The NLRB does not define who qualifies as a "supervisor". D: Companies may intentionally give employees just enough responsibility to qualify them as supervisors so they will not have NLRA protection.
Companies may intentionally give employees just enough responsibility to qualify them as supervisors so they will not have NLRA protection.
Which of the following is the least important factor in determining whether an employee votes "yes" in a union election: A: Frustration or dissatisfaction with current working conditions. B: The belief that the union can help improve working conditions. C: Demographics of the employee (i.e., age, gender.) D: Attitude of the employee to unions in general.
Demographics of the employee (i.e., age, gender.)
The Employee Free Choice Act would address all of the following except: A: Insufficient penalties for employers who violate the NLRA. B: Attempts to delay first contract settlements. C: Employee dissatisfaction with union representation. D: Attempts to delay representation elections.
Employee dissatisfaction with union representation
Which of the following is likely to be considered a "supervisor" by definition of the NLRA and subsequent interpretations by the NLRB and Supreme Court? A: Employees who occasionally assign work to other employees. B: Employees who routinely assign other employees to specific work stations but have no other supervisory responsibilities. C: Lead employees who direct other employees but where this direction is largely routine in nature. D: Employees who are accountable for the performance of other employees.
Employees who are accountable for the performance of other employees.
Which of the following is considered a reason that employers should be allowed to participate in employer campaigning during a union election? A: The NLRA explicitly allows for employer participation in the campaign. B: Employer property rights grant them the right to participate. C: Employees request employer participation. D: Unions want employers to participate.
Employer property rights grant them the right to participate
Which of the following is false about the union representation process in the first years after the NLRA was passed in 1935? A: Employers were not allowed to participate in representation campaigns. B: Elections were always conducted by secret ballot. C: Strike participation was viewed as legitimate evidence of employees' support for a union. D: Employers did not generally challenge proposed bargaining units or election results.
Employers were not allowed to participate in representation campaigns.
"Community of interest" refers to a principle used by the NLRB to define bargaining units so as to ensure that the employer and employees can find common ground over issues that need to be negotiated.
False
A group of manufacturing employees unionized in January. By June, they were convinced that they had made a mistake and circulated a petition to decertify the election. Thirty-five percent of the employees signed the petition. It is likely that the NLRB will allow the employees to hold a decertification election before the end of the year.
False
A key criticism of the NLRA is that the penalties against employers for violating the law are too harsh.
False
After finding out about a unionization attempt at his company, the General Manager held a mandatory meeting with the employees. During the meeting, he told employees that they didn't need a union. To prove his point, he offered the employees a 5% pay increase. The GM's actions are legal under the NLRA.
False
Age and gender are important factors in determining whether an individual votes "yes" for a union
False
As a whole, decertification elections are rare and usually result in the decertification of one union while at the same time certifying a new union.
False
At the start of a union organizing campaign, the NRLB requires employers to give the union a list of the names and addresses of the employees who are eligible to vote in a union election.
False
Authorization cards signed by employees give the employer permission to deduct union dues from employee paychecks
False
Because research finds that only about 5 percent of nonunion workers believe it is likely that they will be discharged if they try to form a union, employers argue that their campaign tactics are not intimidating
False
Because research finds that only about 5 percent of nonunion workers believe it is likely that they will be discharged if they try to form a union, employers argue that their campaign tactics are not intimidating.
False
Employer-initiated unionization drives, though rare, are legal
False
In union organizing, the trend is toward more control over the organizing process by union leaders and full-time union organizers, with less involvement of the employees themselves.
False
It is illegal for employers to allow the use of company email for charitable and personal e-mail solicitations while not allowing it to be used for noncharitable organizations (i.e., unions).
False
It often takes up to a year between the time a union files an election petition and the time the election is actually held.
False
Like employers, unions are barred from visiting employees at their homes because this may be viewed as intimidating
False
Like employers, unions are barred from visiting employees at their homes because this may be viewed as intimidating.
False
Martin Sheet Metals is a mid-sized metal manufacturing company whose employees attempted a union organizing drive that ended with an election in May. The union lost the election. By October, employees had gathered authorization cards to request another union election. It is likely that the NLRB will hold another election as soon as possible.
False
Most certification elections have more than just one union on the ballot, so the choice is whether to unionize and, if so, which specific union will represent the bargaining unit.
False
Political and ideological beliefs are important determinants of whether a U.S. worker votes for or against a union in a representation election.
False
Supervisors are excluded from the National Labor Relations Act and therefore cannot legally form unions
False
The NLRA prohibits recognition strikes because they are disruptive and costly to both employers and their employees.
False
The NLRB holds unions to a higher standard for acceptable behavior in a union election than it does for management.
False
The United Food and Commercial Workers International Union, which represents many grocery store employees across the country, decides to aggressively campaign to unionize Walmart employees. This organizing drive is best described as an opportunistic organizing drive
False
The majority of decertification elections are won by the employees' current union
False
The only time the NLRB can determine employees were not able to exercise their free choice in a union election and declare the vote invalid is when either the employer or the union commits an unfair labor practice.
False
The proposed Employee Free Choice Act would require that a neutral third party decide the terms of a first contract
False
The use of delay tactics, such as challenging the proposed bargaining unit definition in an election petition, is an effective strategy for "breaking" union support
False
To avoid a costly and sometimes bitter campaign for unionization, most employers will voluntarily recognize a union once it demonstrates it has majority support by the employees through the authorization card campaign.
False
Under the NLRA, an employer has the right to enforce no solicitation policies on a case by case basis, at their own discretion. Therefore, it is their right to regularly allow employees to sell Girl Scout cookies or similar items while prohibiting a union from distributing informational literature.
False
Under the NLRA, someone is defined as a "supervisor" by the amount of money they make.
False
Union instrumentality is less likely to determine whether someone votes "yes" in a union election than factors like general attitudes toward unions or the social environment.
False
After 3 years of union representation, employees at Stellar Snowboard Manufacturing company decide that they wish to end their relationship with the union. The employees must: A: Stop paying all union dues. B: File a petition for decertification election. C: Petition the employer to stop negotiating with the union. D: Request that a new union begin negotiating on their behalf.
File a petition for decertification election.
A person's broad image of unions as either "good" or "bad" institutions in society are called: A: Union instrumentality. B: General beliefs about unions. C: Workplace social identity. D: Utility maximization.
General beliefs about unions
Using data from the National Labor Relations Board, it is estimated that the majority of employers have done all of the following during a union representation campaign except: A: Held one-on-one meetings between employees and their supervisor. B: Used outside consultants. C: Held more than one captive audience meeting. D: Illegally discharged union supporters from their jobs.
Illegally discharged union supporters from their jobs.
Which of the following is not likely to impair the laboratory conditions doctrine according to the NLRB? A: A manager tells her employees that if they don't vote for the union, she will make sure they get extra paid time off. B: A manager posts a "no solicitation" sign during the union campaign. C: Visits to employees homes by company representatives or supervisors. D: Mandatory employer meetings with employees during which the employer "makes a case" against unions one week before the election.
Mandatory employer meetings with employees during which the employer "makes a case" against unions one week before the election.
On a cold winter day, a group of employees decides that the temperature in their manufacturing plant is unbearably cold. Together, the employees approach their employer and request that the heat be turned up. The employer: A: Must collectively bargain with this group of employees over the plant temperature. B: May refuse the employees' request. C: Must turn up the heat at the request of the employees. D: Can fire the employees for insubordination.
May refuse the employees' request
Employees who do not have the protection of the NLRA: A: Are prohibited by law from joining a union. B: May strike or picket but could be terminated for doing so. C: Are prohibited by law from any collective action including strikes and pickets. D: Are allowed to join a union but cannot strike.
May strike or picket but could be terminated for doing so.
The "iron rule of organizing" says, A: Never do for others what they can do for themselves. B: Do unto others as you would have them do unto you. C: Leave no stone unturned. D: Don't put all your eggs in one basket.
Never do for others what they can do for themselves
The contract bar doctrine: A: Prohibits an employer from entering into a collective bargaining agreement with a union. B: Prohibits a union from entering into any collective bargaining agreement with any employer. C: Prohibits a decertification election from being held during the life of an existing contract. D: Specifies minimum standards that union contracts must meet to be considered legal.
Prohibits a decertification election from being held during the life of an existing contract.
An employer fires an employee who attempted to organize a union. The NLRB finds the employer guilty of violating the NLRA. The most likely penalties include all of the following except: A: Backpay. B: Punitive damages. C: Reinstatement. D: All of the above are possible remedies.
Punitive damages.
The research shows that employer anti-union campaigning during an employee attempt to unionize: A: Reduces the likelihood that employees will vote for unions in an NLRB representation election. B: Increases the probability that employees will vote "yes" in the election. C: Has no effect on the outcome of the election. D: Improves relationships between the employees and the employer.
Reduces the likelihood that employees will vote for unions in an NLRB representation election.
In situations where gross misconduct calls the results of a representation election into question, a Gissel bargaining order may be issued to: A: Prohibit a union from acting as the employees' exclusive representative even if they have "won" the representation election. B: Require an employer to negotiate with a union even though the election results do not support representation. C: Requires that a new representation election be held. D: Either a or b.
Require an employer to negotiate with a union even though the election results do not support representation
A union organizing tactic in which paid union organizers attempt to get hired by a company is known as: A: Featherbedding. B: Salting. C: Gissel bargaining order. D: Hiring fraud.
Salting
Most U.S. unions are formed through: A: Secret ballot elections. B: Voluntary agreements by management to recognize the union. C: Strikes. D: Court ordee
Secret ballot elections.
Election delays usually work in favor of employers for all of the following reasons except: A: The union looks weak and unable to make progress against the employer. B: Union supporters may quit or be discharged. C: The employer gains more time to campaign against the union. D: The NLRB may decide that a union election is not feasible.
The NLRB may decide that a union election is not feasible
In a union organizing campaign and election, the appropriate bargaining unit is defined by: A: The Union. B: Management. C: The NLRB. D: The Department of Labor.
The NLRB.
If a union makes a request to an employer for the names and addresses of employees eligible to vote in the union election: A: The employer can refuse to provide the list on the grounds that it must protect the privacy of its employees. B: The employer must turn the information over to the union within 7 days of the request. C: The employer must turn the information over to the union within a week after the NLRB has scheduled the election. D: The employer can petition to the NLRB for an injunction to gain permission to withhold the information.
The employer must turn the information over to the union within a week after the NLRB has scheduled the election.
Which of the following is not a frequently expressed criticism of the NLRA certification process? A: Employers have more access to employees than unions. B: The lack of penalties for employer violators of the NLRA. C: The length of the election process. D: The lack of penalties for union violators of the NLRA.
The lack of penalties for union violators of the NLRA
The evening before a union election, an employer held a company picnic for its employees. Attendance at the picnic was required and the company president gave a passionate speech urging employees not to vote for the union. The most likely reason the NLRB would consider this a violation of the NLRA is: A: The picnic amounts to a captive audience meeting held within 24 hours of the election. B: The picnic could be considered an inducement or reward for not voting for the union. C: The president's passionate speech could be considered threatening. D: None of the above; the employer did not violate the NLRA in any way.
The picnic amounts to a captive audience meeting held within 24 hours of the election.
According to some, employers should have no formal role in the employees' decision to join a union other than: A: The right to free speech. B: The right to object to the bargaining unit definition. C: The right to challenge election results. D: All of the above
The right to free speech.
In a representation election, the union is not held to the same standard as an employer when it comes to making promises during a campaign because: A: The NLRA allows the union to make promises, even if it determines that those promises interfered with an employee free choice in an election. B: The union has little to offer except promises while the employer's promises carry significantly more weight with the employees. C: The union's probability of winning is less than the employer's so the NLRB wants to give them a slight advantage. D: The statement is wrong-A union is held to the same standard as the employer.
The union has little to offer except promises while the employer's promises carry significantly more weight with the employees.
Which of the following is not a reason that delay tactics work to an employer's advantage in a union organizing attempt? A: Employee turnover may result in a loss of union supporters. B: Perceptions of union instrumentality are weakened as the union appears helpless to counter the employer's delays. C: The employer gains more time to campaign against the union. D: There is a time limit in the NLRA that says all elections must take place within one year of the petition for election.
There is a time limit in the NLRA that says all elections must take place within one year of the petition for election.
Arguably the most effective union organizing tactic is: A: To send pamphlets and brochures to employees' homes. B: To have a union organizer take the lead in talking with employees about unionizing. C: To run marketing campaigns similar to those used in product marketing. D: To develop personal relationships with existing workers and train them to take the lead in talking with their co-workers about unionizing
To develop personal relationships with existing workers and train them to take the lead in talking with their co-workers about unionizing
During an interview, an applicant reveals that she has been active in supporting unions in the past. An appropriate response by you, the interviewing manager, is: A: To ignore her statement. B: To inform her that the company does not support unionization. C: To inform her that the information is irrelevant to your hiring decision and find some other reason not to hire. D: To inform her that the information is irrelevant and proceed with hiring as if the information had not been given.
To inform her that the information is irrelevant and proceed with hiring as if the information had not been given.
"Salting," a tactic used by unions in which paid union organizers try to get hired as regular employees, is grounds for declaring a union election invalid
True
A certification election determines whether employees will give a union permission to act as their representative in negotiations with their employer to determine their wages, hours, and working conditions
True
A factor often identified as important for determining whether dissatisfied workers will vote for a union is their attitude towards unions in general.
True
An individual is more likely to hold positive attitudes toward unions when they have had previous experience with unions in the workplace.
True
Because the NLRB election procedures are flawed, more and more unions are attempting to organize workers "outside" the NLRB certification process; for example, by pressuring employers to voluntarily recognize the union.
True
Discriminatory enforcement of no solicitation policies is considered illegal interference under the NLRA
True
Employees of a textile factory located in the south requested a union representation election with over 90% signed authorization cards. Just hours before the election, employees began to receive anonymous phone calls threatening that if they voted "yes," they could forget ever being able to get a loan or another job in the community. Fearful for their financial futures, many employees cast "no" votes and the union lost the election. In such a case, the NLRB could declare the election results invalid and schedule a new election.
True
Fewer than 70 percent of all petitions for election filed with the NLRB actually result in a representation election.
True
Free speech during a union organizing campaign is protected under Section 8(c) of the NLRA which holds that expressing opinions is prohibited only to the extent that it constitutes a threat of reprisal or force, or promise of benefit
True
Generally speaking, a decertification election may be held as soon as the employees or employer are able to show that at least 30% of employees desire decertification.
True
Generally the NLRB will not allow more than one certification election in a 12 month period.
True
If an employer or union threatens or harasses employees in a way that distorts their free choice in a union election, the NLRB can declare the election invalid
True
If employees decide to join together to complain to an employer, but they do not legally form a union, the employer is under no obligation to negotiate with them.
True
If the U.S. Airline Pilots Association begins to organize a group of food service employees at the Chicago O'Hare airport that is very interested in unionizing, they are engaged in an opportunistic organizing drive.
True
In a union election campaign, a key role of the NLRB is to balance the free speech rights of the employer and the union against the free choice rights of the employees.
True
In some cases where employer misconduct is so damaging to support for a union that the NLRB does not believe a fair election could be held, the Board may require the employer to bargain with the employees even though it does not have the votes necessary.
True
It is estimated that workers were illegally fired in 25 percent of representation election campaigns since 2000.
True
Just three hours before a union representation election was to start, the company president wandered through the plant and handed each employee a fake "pink slip" (termination notice) that said simply, "A yes vote = A pink slip." The union later lost the election and employees admitted they were scared they would lose their jobs if they voted yes. In such a situation, the NLRB could declare the election invalid and hold a new election.
True
Most U.S. unions are organized through secret ballot elections administered by the National Labor Relations Board.
True
Most research supports the notion that dissatisfaction and frustration on the job is more likely to motivate someone to vote "yes" in a union election than maximizing wages.
True
The Communications Workers of America (CWA) successfully collected 94 authorization cards from the 152 eligible employees of a telecommunications company. The CWA and the company agreed to skip a representation election and instead voluntarily begin negotiations. This decision is considered illegal under the National Labor Relations Act.
True
The Employee Free Choice Act would increase penalties to employers who violate the NLRA and change voting procedures so that simply showing a majority of signed authorization cards would be enough to certify the union.
True
The NLRB can rule that actions of a third party (i.e., one that is not affiliated with either the union or with management) have had a negative impact on employee free choice in union elections and declare the vote invalid.
True
The NLRB is responsible for determining which employees will be included in the bargaining unit and therefore have rights to vote in a union election
True
The NLRB principle that holds that every representation election should reflect employees' free choice with regard to unionization (or not) is known as the "laboratory conditions doctrine" or "General Shoe" doctrine.
True
The authorization card campaign is useful to the union because it helps the union assess whether it has sufficient support to win a representation election
True
The degree to which an individual thinks a union will be successful in improving the workplace is known as union instrumentality.
True
The primary consideration for an individual in considering whether to vote "yes" for a union is the perceived costs and benefits associated with unionization.
True
Under the NLRA, an employer may not make a promise to increase wages if employees vote "no" in a union election but a union is allowed to promise they will get a wage increase if they vote "yes".
True
Union elections usually take place at the employees' work site.
True
When an employer decides to challenge a union that requests recognition, the outcome is usually settled through strikes.
True
When determining bargaining units, the NLRB may rule that many occupations in diverse locations can make up a single unit.
True
When the Teamsters Union, one of the largest unions representing truck drivers and other cargo handlers, aggressively tries to organize semi-drivers who are nonunion, their campaign would be best described as strategic, rather than opportunistic, in nature.
True
Workplaces where employees are more individualistic and do not see themselves as similar to their coworkers are less likely to become unionized - even when working conditions are poor and employees are dissatisfied.
True
In deciding whether to vote "yes" in the union election, Joan is not particularly interested in becoming a union member but strongly believes that the union will improve the wages and working conditions at her company. Joan is likely to vote "yes" in the election because her level of __________________ is high A: Utility maximization B: C: General beliefs about unions D: Workplace and social identity with unions
Union instrumentality
Which of the following organizing strategies by unions has not been tested in the courts? A: Attempting to change the law to make it easier to unionize. B: Using public demonstrations to pressure companies to recognize unions without an election. C: Negotiating neutrality and card-check agreements with employers whereby employers agree to stay neutral and recognize based on the cards only. D: Using a concept called "members-only" representation in which unions represent less than the majority of employees in a workplace and negotiate only on behalf of those employees.
Using a concept called "members-only" representation in which unions represent less than the majority of employees in a workplace and negotiate only on behalf of those employees.
Pierre is unsure as to whether he should support a union but is leaning toward a "no" vote. After talking with several of his coworkers, he realizes that most of them are very supportive of unionization. Recognizing the importance of "sticking together," and not wanting to disappoint his coworkers, Pierre decides he should vote "yes" in the upcoming election. Which of following factors best explains Pierre's change of heart? A: Union instrumentality. B: General beliefs about unions. C: Workplace social identity and/or social pressure. D: Utility maximization.
Workplace social identity and/or social pressure.