Chapter 4 Labor Law

Identify a criticism of the National Labor Relations Act (NLRA) framework.

Back pay awards to undocumented workers when their NLRA rights are violated are denied.

Why did courts regard yellow dog contracts as legally enforceable, binding contracts? (Check all that apply.)

Because workers signed these contracts on their own accord Because workers were not economically forced into agreement on account of a lack of other jobs

How does the Taft-Hartley Act control union actions?

By banning closed shop agreements

How was the Railway Labor Act strengthened in 1934?

By limiting company-dominated unions

Identify a true statement about the industrial relations school's vision on labor relations during the business law era.

Corporations and unions are formal groups that should work for public interest and counterbalance each other.

According to the industrial relations school of thought, which of the following are involved in ensuring efficiency? (Check all that apply.)

Decreasing disruptive strike activities Retaining the property rights of employers Raising the purchasing power of employees

Section 8

Defines the refusal of an employer to bargain collectively with the representatives of his employees as an unfair labor practice

Identify the principal beliefs of the industrial relations school of thought that form the basis of the objectives of the Wagner Act. (Check all that apply.)

Employee voice is important. Labor is more than a commodity. Labor and management are not economic or legal equals.

Sections 3 to 6

Establishes the National Labor Relations Board (NLRB) to resolve representation questions and arbitrate unfair labor practices Establishes the National Labor Relations Board (NLRB) to resolve representation questions and arbitrate unfair labor practices

True or false: Collective bargaining does not occur in states with no laws.

False

True or false: Collective bargaining does not occur in states with no laws. True false question. True False

False

True or false: Individual efforts to control wages and working conditions were viewed as illegal conspiracy in mainstream economics thought.

False

True or false: Most employers recognized independent labor unions in order to meet the terms of the National Industrial Recovery Act.

False

True or false: Public sector bargaining laws of most states in the United States allow strikes by nonessential workers.

False

True or false: Union actions are controlled in the Taft-Hartley Act mainly by the inclusion of mechanisms to eliminate corruption.

False

Which of the following are true of the provisions of the Taft-Hartley Act that enhance rights of individuals and employers? (Check all that apply.)

Individuals are given the ability to overthrow their union through the newly added decertification procedure. Employers are allowed to file charges of unfair labor practices against labor unions.

In the context of the increased use of injunctions in the late 1800s and early 1900s, identify a true statement about the use of injunctions in labor disputes. Multiple choice question.

Injunctions were converted into powerful antiunion legal weapons to weaken strikes and unions.

In the context of the preludes to a national labor relations law, which of the following is true of the changes introduced by the Amalgamated Clothing Workers (ACW)?

It brought balance and order to the garment industry via strong collective bargaining and an orderly grievance procedure.

The Fair Labor Standards Act (1938)

It created a federal national minimum wage, a mandatory overtime premium for covered workers for hours worked in excess of a weekly standard, and restrictions on child labor.

Identify a significant aspect of the Norris-LaGuardia Act.

It denotes the beginning of the labor law era in labor relations.

Identify a weakness of the Norris-LaGuardia Act.

It did not do much to oppose open shop tactics of employers.

Which of the following is true of Section 7 of the Wagner Act (1935)?

It ensures workers' right to form unions, bargain collectively, and participate in other concerted activities for mutual help and protection.

Identify the true statements about the Taft-Hartley Act with regard to the changes introduced in various dispute resolution mechanisms. (Check all that apply.)

It established the Federal Mediation and Conciliation Service (FMCS) to provide voluntary mediation to management and labor negotiators. It authorized the U.S. president to request the courts to stop strikes that "imperil the national health or safety."

Which of the following is true of the Landrum-Griffin Act?

It establishes a bill of rights for union members that ensures all union members equal rights of participation in internal union affairs.

Which of the following is true of the Social Security Act of 1935?

It formed a system of state unemployment insurance benefits programs administered under the Federal Unemployment Tax Act.

Identify the attributes of the Railway Labor Act passed by the United States Congress in 1926. (Check all that apply.)

It forms adjustment boards to resolve complaints. It offers government mediation of bargaining disputes. It protects the rights of workers to form labor unions.

Identify a true statement about the Massachusetts Supreme Court ruling in Commonwealth v. Hunt.

It held that labor unions are not intrinsically illegal conspiracies.

Identify the features of the National Industrial Recovery Act (NIRA) passed in 1933 as part of an early New Deal initiative. (Check all that apply.)

It included a framework for creating industry codes of fair competition for averting destructive competition and encouraging economic recovery. It included a public works program to generate employment opportunities.

A closed shop agreement

It is a provision negotiated into a collective bargaining agreement that requires the employer to hire only union members. It is a provision negotiated into a collective bargaining agreement that requires the employer to hire only union members.

Which of the following is true of the Sherman Antitrust Act?

It is based on the mainstream economics support of competition.

Which of the following are true of the Wagner Act? (Check all that apply.)

It is one of the most revolutionary pieces of U.S. legislation. It continues to be the foundation of contemporary U.S. labor law in the private sector.

An agency shop agreement

It is similar to a union shop agreement; but rather than joining the union, workers must pay dues.

Which of the following is true of the first unfair labor practice specified in the Wagner Act?

It is the "universal enforcer" because it encompasses all employer violations of employee rights.

Identify the ways in which the Landrum-Griffin Act attempts to prevent union corruption and labor racketeering. (Check all that apply.)

It limits the use of union trusteeships. It requires unions and their officers to disclose financial records by filing reports with the U.S. Department of Labor.

A general counsel's office

It organizes representation elections and investigates and prosecutes unfair labor practices. It organizes representation elections and investigates and prosecutes unfair labor practices.

What were the revisions made to the National Labor Relations Act by the Landrum-Griffin Act? (Check all that apply.)

It prohibited hot cargo agreements. It added a seventh union unfair labor practice [Section 8(b)(7)] to restrict picketing for union recognition.

Which of the following is true of the Civil Service Reform Act of 1978?

It prohibits military personnel from unionizing.

Which of the following statements are true of the Clayton Act (1914)? (Check all that apply.)

It provided labor unions the legal right to exist. It added to the burdens of labor under antitrust laws.

Which of the following is true of the Norris-LaGuardia Act?

It rendered yellow dog contracts unenforceable.

Which of the following are true of the Taft-Hartley Act with regard to the restructuring of the National Labor Relations Board (NLRB)? (Check all that apply.)

It reorganized the NLRB to separate the investigation or prosecution and judicial aspects of the agency. It expanded the NLRB to a five-member board.

Which of the following is true of the exclusive representation aspect of unions?

It uses a simple majority as the decision rule.

Which of the following is true of the application of injunctions to labor disputes in the United States? Multiple choice question.

Judges often granted injunctions to restrain union activities that posed a threat to businesses.

Identify the three categories of Taft-Hartley amendments to the Wagner Act. (Check all that apply.)

Limitations on union actions Improved rights of individuals and employers New dispute resolution methods

Identify a revision made to the National Labor Relations Act (NLRA) by the Landrum-Griffin Act.

Permanently replaced strikers' rights to take part in National Labor Relations Board elections were limited to the first 12 months of a strike.

Which of the following Acts was passed by the United States congress in 1914 to overcome the limitations of the Sherman Antitrust Act?

The Clayton Act

_____ outlaws discrimination between men and women in determining compensation for equal jobs.

The Equal Pay Act of 1963

What are the criticisms against the framework of the National Labor Relations Board (NLRB)? (Check all that apply.)

The NLRB does not have adequate remedial powers. Major decisions of the NLRB are influenced by the ruling party's ideologies.

Identify a criticism against the National Labor Relations Board (NLRB) framework for adjudicating U.S. labor law.

The NLRB's five members who decide cases are political appointees.

Identify a criticism against the National Labor Relations Board (NLRB) framework for adjudicating U.S. labor law. Multiple choice question.

The NLRB's five members who decide cases are political appointees.

Identify a 1934 amendment to the Railway Labor Act.

The National Mediation Board was formed to hold secret ballot elections to decide whether a union should represent employees.

Which of the following is true of employment law in the United States?

The U.S. employment relationship is ruled by the employment-at-will doctrine.

Identify a true statement about the incompetence of the National Industrial Recovery Act (NIRA).

The absence of specific provisions for enforcement led to continued employer opposition of unionizing.

Which of the following is true of the bargaining laws that govern labor relations for state and municipal workers?

The bargaining laws are usually based on the principle of exclusive representation by the majority rule.

In the context of the Wright Line test, identify the requirements that the National Labor Relations Board (NLRB) general counsel must fulfill during the adjudication of unfair labor practice charges. (Check all that apply.)

The general counsel must prove that the protected activity was a major motivating reason for the employer's retaliatory action. The general counsel must prove that the employer was conscious of the protected activity. The general counsel must prove that the disciplined or discharged employee was involved in protected activity.

Identify the intellectual basis of the Norris-LaGuardia Act. (Check all that apply.)

The imbalance in bargaining power between workers and employers coerces workers to accept inferior wages and working conditions. Organized corporations are considerably more powerful than nonunionized individual laborers.

In the context of the regulations on the political contributions of labor unions, identify the true statements about federal campaigning laws. (Check all that apply.)

These laws let unions to form political action committees (PACs) that can directly back political candidates. These laws permit unions to use their funds to spread political information to their members.

Narrow laws

They are limited to bargaining rights of one or several occupations only.

New Deal reformers

They believed that the overall structure of private property and economic exchange was maintained by the act. They believed that the overall structure of private property and economic exchange was maintained by the act.

Laissez-faire proponents

They criticized the act as significantly expanding the federal government's reach into private affairs and thus intervening with economic efficiency and individual and corporate freedom.

Comprehensive laws

They offer most government occupations the right to bargain collectively.

Prohibitive laws

They outlaw collective bargaining rights of government employees.

What are the similarities between the Civil Service Reform Act and the National Labor Relations Act? (Check all that apply.)

They specify unfair labor practices. They give employees the right to form unions and engage in collective bargaining. They form agencies to conduct elections to determine majority support and adjudicate unfair labor practice charges. They grant exclusive representation with majority support as a central principle.

Which of the following are true of the reaction of New Deal Reformers to the Wagner Act in its early years? (Check all that apply.)

They stated that the act provides an affirmative responsibility for employers to bargain with a majority union. They held that the act protects worker choice concerning unionization.

In the context of labor relations in the nineteenth century, which of the following are true of the significance of the Massachusetts Supreme Court ruling in Commonwealth v. Hunt? (Check all that apply.)

This case is considered a landmark in presenting some legal legitimacy to unions. It indicated the beginning of the end for the use of the conspiracy doctrine in labor relations.

True or false: The National Labor Relations Act (NLRA) framework is criticized for reducing labor unions to economic agents.

True

True or false: The National Labor Relations Board (NLRB) is allowed to request enforcement of its rulings on unfair labor practice charges in federal courts.

True

True or false: The political contributions of unions is a concern for some because unions coerce workers to pay dues that may be used to fund causes they may not support.

True

According to Section 7(a) of the National Industrial Recovery Act (NIRA), which of the following are essential for industry codes of fair competition? (Check all that apply.)

Workers should have the right to organize and bargain collectively through representatives they select. Workers shall be free from the intrusion, control, and coercion of the employers in unionizing activities for the purpose of collective bargaining.

The term "secondary boycott" derives from the fact that _____.

a company that does not directly employ workers involved in a labor dispute is targeted by the striking union

Organized labor saw the Taft-Hartley Act as _____.

an opportunistic attempt by business and conservative politicians to roll back labor's protections

injunction

are court-ordered restraints on action to prevent harm or damage to someone else.

In 1890, the United States Congress passed the Sherman Antitrust Act in order to _____

ban monopolies and stop their negative economic and social effects

Title VII of the _____ outlaws employment discrimination by employers and labor unions on the grounds of race, color, religion, sex, or national origin.

civil right 1964

The Philadelphia shoemakers marked the start of the ___ which holds that the collective aspect of union activity is particularly harmful to free market competition and property rights of employers and thus an illegal conspiracy.

conspiracy doctrine

In the context of political contributions of labor unions, the Taft-Hartley Act prevents unions from _____.

directly donating funds to candidates for federal offices

Section 8(a)(1), the first unfair labor practice specified in the Wagner Act, forbids _____

employers from interfering, restraining, or forcing laborers who are exercising their Section 7 rights

Section 8(a)(1), the first unfair labor practice specified in the Wagner Act, forbids _____.

employers from interfering, restraining, or forcing laborers who are exercising their Section 7 rights

Proponents of right-to-work laws assert that the laws _____.

enhance employment growth

According to the Wagner Act, is established when a union has the support of a majority of a group of employees.

exclusive represenation

The fundamental reason behind the controversy over the use of injunctions in labor disputes during the common law era was that they were _____.

granted by judges without full hearings

In the context of the Sherman Antitrust Act, the Supreme Court ruling in the Danbury Hatters case held that _____.

individual members of unions are liable for damages

Proponents of the industrial relations school of thought argued that the Taft-Hartley Act amendments _____.

infused excessive government regulation into labor relations

The Landrum-Griffin Act emphasizes _____

internal union affairs

yellow dog contract

is a promise by a worker not to join or support a union; refusal to agree to such conditions meant either termination or not being hired.

In the Danbury Hatters case (1908), the ruling of the Supreme Court that applied the Sherman Antitrust Act to labor unions regards unions as _____.

labor market monopolies

Section 9

methods Enables the National Labor Relations Board (NLRB) to determine majority support by means of secret ballot election or other appropriate methods

Unlike the National Labor Relations Act, the Civil Service Reform Act _____.

pertains to various federal government employees

A five member board of presidential appointees

presidential appointees matches Choice, It hears and decides cases of unfair labor practice. It hears and decides cases of unfair labor practice.

The application of injunctions in labor disputes was embedded in the _____ area of U.S. common law. Multiple choice question.

property rights

The Wagner Act fosters collective bargaining in the private sector by _____.

protecting the rights of laborers to join and form labor unions

During the business law era, supporters of the industrial relations school of thought and Republicans endorsed _____.

responsible unionism

In the period between 1880 and 1930, injunctions were most often used to _____.

stop or restrict picketing during strikes

As a prelude to a national labor relations law, the Amalgamated Clothing Workers (ACW) succeeded in _____.

substituting the militancy of small work groups by the discipline of "responsible" union leaders and union contracts

The Social Security Act (1935)

t created a program that provides federal monetary assistance and health care coverage to retirees, the disabled, and their dependents.

One of the limitations of the Norris-LaGuardia Act was that it did not _____.

take efforts to protect or advance union activity

In the context of the Taft-Hartley restrictions on labor unions, Section 8(b)(4) of the act prohibits unions from _____.

taking part in secondary boycotts and other forms of strikes that involve innocent employers

In the context of the rise of employment law, the New Deal Period witnessed the passage of _____.

the Social Security Act

One of the concerns related to the Landrum-Griffin Act's focus on the internal functions of labor unions is _____.

the usage of union funds for political purposes

Section 8(b) of the Taft-Hartley Act introduces _____.

union unfair labor practices

In the context of the second category of the Taft-Hartley Act, Section 8(c) provides employers the right to _____.

voice their opinions on unionization with the exception of threats and promises