334 Final

Under the NLRA, no petitions seeking a new representation or decertification election can be filed for bargaining unit of employees during the _____ period following the election.

12 month

A lockout amounts to a permanent closure of a plant to avoid unionization.

False

A successor employer which hires a substantial number of the employees who were formerly members of a union generally must abide by the terms of the collective bargaining agreement negotiated between the union and the prior employer.

False

An employee must prove that in implementing and enforcing a work rule, the employer had the intent to interfere with Section 7 rights.

False

An employer is required to allow employees to use the company email system for union soliciting activities.

False

An employer may permanently replace an employee who participates in an unfair labor practice strike.

False

If a court vacates an arbitrator's decision based on the arbitrator exceeding its authority, the court will settle the matter for the parties.

False

If an employee believes their employer has committed a ULP, the employee's first step is to file a lawsuit in the United States District Court.

False

In order to prove that it has represented a bargaining unit member fairly, the union must take a grievance to arbitration.

False

Section 8(b) (4) prohibits primary picketing by a union against an employer with which it has a dispute.

False

Section 8(d) requires the parties to make concessions or to reach an agreement in order to show they have engaged in good faith bargaining.

False

The union's bargaining pressure tactics include its ability to lock out the employees or to permanently replace nonstriking workers.

False

When a collective bargaining agreement expires, the employer can refuse to bargain with the union without violating Section 8(a)(1) and 8(a)(5) of the NLRA.

False

When a collective bargaining agreement expires, the employer is no longer obligated to arbitrate any disputes.

False

Alternative dispute resolution includes each of the following, EXCEPT:

Litigation

The employees of GR Auto Sales Plus decided to select John as their bargaining representative for the purposes of collective bargaining by the majority of the employees. The major issues of negotiation include rates of pay, wages, hours of employment, and other conditions of employment. In this scenario, John is covered under the:​

NLRA

Under the NLRA, unfair labor practice strikes are:

Protected Activity

If the labor union of a soft drinks company is picketing in front of the wholesaler, instead of picketing on the company's premises, generally under the NLRA:

Such secondary picketing shall be prohibited

A successor employer which hires a substantial number of the employees who were formerly members of a union may be required to recognize and bargain with the union.

True

An employer and a union which has been certified as the exclusive bargaining representative are legally required to bargain in good faith.

True

An employer may resort to lockout only after bargaining in good faith to an impasse.

True

Employers are free to permanently replace employees who go on an economic strike.

True

Generally, in the labor law setting an arbitrator's decision is final, binding, and enforceable.

True

Many employer violations of Section 8(a)(1) occur in the context of union organizing campaigns, and often involve restrictions on the soliciting activities of employees or coercive or threatening remarks made by the employer.

True

The parties to a collective bargaining agreement generally incorporate arbitration as the final step of the grievance procedure.

True

There is a constitutional right to picket, but there is no recognized constitutional right to strike.​

True

When the employer and union have bargained in good faith to the point of impasse related to a mandatory subject of bargaining, the employer may unilaterally implement its final proposed offer without violating Sections 8(a)(1) and 8(a)(5) of the NLRA.

True

When considering tort law, the law recognizes a qualified privilege in all the following instances except

an employee's supervisor discussing the employee's performance with coworkers over lunch

A union can become an exclusive bargaining representative in each of the following ways EXCEPT:

as a ULP remedy, by a majority of employees signing authorization cards, by voluntary recognition, through a representation election

Identify the two primary purposes of Form I-9 completion.

authorization to work in the US and establishes employee identity

In practice, a ban the box law may mean an employer:

cannot consider a candidate's criminal history until a job offer has been made

Section 8(a)(1) and Section 8(b)(1) of NLRB prohibit:​

coercion and restraint of employees by employers and unions

In the case of Buckhorn, Inc. and International Union of Industrial and Independent Workers, the NLRB contended that the unit limited solely to maintenance employees is not an appropriate unit for the purposes of:

collective bargaining

In NLRB v. City Disposal Systems, the US Supreme Court concluded that Brown's refusal to drive unsafe trucks was _____ under Section 7 of the NLRA.​

concerted activity

Under the contract bar rule, a written labor contract (signed and binding on the parties and dealing with substantial terms and conditions of employment) bars an election among the affected bargaining unit:

during the life of that bargaining agreement

Mary hired Sue as a receptionist for her dentist office. After two months, Mary terminated Sue's employment due to Sue's bad quality of work. Under which doctrine can we say Sue fired Mary?​

employment at will

In the late 1880s, the development of all of the following provided powerful weapons for use against the activities of organized labor EXCEPT:

ex parte proceedings

An employee with a medical marijuana card who is terminated from employment due to a positive drug test is not eligible for unemployment benefits.

false

An employer can prohibit all solicitation and distribution of union materials at its workplace.

false

An individual must be a United States citizen in order to be authorized to work in the United States.

false

Federal EEO laws specifically prohibit employment discrimination based on a criminal record.

false

In completing the US Citizenship and Immigration Services Form I-9, a human resources manager may tell the new employee that they must bring a drivers' license and a social security card to the first day of employment.

false

Private employers are not permitted to monitor and review employee use of employer-owned computers.

false

Section 7 employee rights are only relevant when an employer has a union.

false

The NLRA applies to both public and private employers.

false

The National Labor Relations Act (NLRA) requires a secret ballot election to determine whether employees' want a union as their bargaining representative.

false

All of the following are true about a trade secret EXCEPT

it is generally known by the public

When addressing issues related to international employment law, a convention is

legally binding international treaties that may be ratified by member states,

In Michigan, a noncompete agreement may be enforceable when the restrictions are reasonable as to each of the following EXCEPT

the ongoing compensation the individual must receive during the period of the noncompete obligations

A tort is a civil wrong or injury caused either intentionally or negligently.

true

An employer is legally required to bargain in good faith with a union which represents its employees.

true

Intentional infliction of emotional distress is a tort which in the employment context generally requires the plaintiff (employee) to prove that the employer's actions, which caused severe emotional distress, were extreme and outrageous. T

true

The Board requires that the parties in an election must refrain from formal campaigning for twenty-four hours prior to the election.

true

Unfair labor practices (ULPs) are various forms of conduct or activities that adversely affect employees in the exercise of their rights under Section 7 of the NLRA.

true

Weingarten rights provide:

unionized employees the right to have a union representative present during a meeting which may lead to discipline