Ethics Chapter 14
In the context of labor unions' representation elections, a union, employee, or employer initiates the formal organizing process by filing an election petition with the National Labor Relations Board (NLRB).
True A union, employee, or employer initiates the formal organizing process by filing an election petition with the National Labor Relations Board. The petition is sent to the employer, thus providing notice of union activity.
Section 8(d) of the National Labor Relations Act clearly sets out some mandatory subjects over which the parties must bargain.
True Section 8(d) of the National Labor Relations Act clearly sets out some mandatory subjects over which the parties must bargain. These are wages, hours, and "other terms and conditions of employment."
The Congress of Industrial Organizations (CIO) was organized to meet the needs of laborers who did not work in the skilled trades.
True The Congress of Industrial Organizations (CIO) was organized in response to the needs of ordinary laborers not working in the skilled trades. The American Federation of Labor (AFL) was devoted to those working in the skilled trades. The CIO was organized in 1935 and served assembly-line workers and others who often performed repetitive, physically demanding tasks.
One of the primary tasks of the National Labor Relations Board (NLRB) is establishing union chapters in the service industry.
False One of the primary tasks of the National Labor Relations Board (NLRB) is conducting elections for union representation within the chosen bargaining unit. Other tasks of the NLRB include designating appropriate bargaining units of workers; certifying the results of such elections; and investigating, prosecuting, and adjudicating charges of unfair labor practices.
No employees are excluded from employee bargaining units.
False Certain classes of employees, such as supervisors, are excluded from employee bargaining units. Obviously, supervisors are excluded because they act on behalf of the employer. Through their power to direct and assign work and to discipline and discharge employees, supervisors exert control over their subordinates who are or may be in the bargaining unit.
The National Labor Relations Act recently changed labor laws related to closed-shop arrangements, permitting labor unions to pursue closed-shop arrangements.
False Closed-shop arrangements are forbidden by the National Labor Relations Act. At one time, powerful unions insisted on closed-shop arrangements wherein employers could hire only individuals who already belonged to unions.
Through the Norris-LaGuardia Act, Congress established the National Labor Relations Board.
False Labor unions grew rapidly with the passage of the Wagner Act, and by 1947 Congress decided management might need a little help in coping with ever-growing labor organizations. Through the Wagner Act, Congress also established the National Labor Relations Board.
Throughout the United States, all public-sector employees have equal rights to strike.
False Legal regulation of public-sector labor-management relations begins with state law. Some states prohibit those strikes and others permit them only under restricted conditions.
Which of the following statements about lockouts is true? A) Some court decisions have expanded lawful lockouts to include those of an offensive nature designed to improve management's bargaining position. B) Lockouts are lawful regardless of management's purpose. C) Management may not lock out union officers because the officers must be allowed to negotiate under all circumstances. D) The Equal Opportunity Employment Commission (EEOC) permits lockouts as defensive acts to protect businesses against unlawful strikes.
A Both the National Labor Relations Board (NLRB) and the courts allow lockouts as defensive acts to protect businesses against sudden strikes and to prevent sabotage or violence. Some court decisions have also expanded lawful lockouts to include those of an offensive nature designed to improve management's bargaining position. Lockouts, however, clearly are not lawful if designed to interfere with bargaining rights and other legitimate union activity.
Section 8(a)(5) of the National Labor Relations Act (NLRA) A) requires an employer to engage in good-faith collective bargaining with a representative of the employees. B) requires the union representative to engage in good-faith collective bargaining with any member of management. C) gives the official definition of collective bargaining. D) details permissive subjects over which the parties must bargain every other year.
A Section 8(a)(5) of the National Labor Relations Act requires an employer to engage in good-faith collective bargaining with a representative of the employees, and Section 8(b)(3) imposes the same duty on labor organizations. Failure to bargain by either an employer or representative of the employees constitutes an unfair labor practice. Section 8(d) of the NRLA gives the definition of collective bargaining.
The Landrum-Griffin Act's Bill of Rights was designed to ensure ________, the right to sue the union, and the rights of free speech and assembly. A) equal voting rights B) the right to boycott C) the right to picket D) the right to have an open-shop
A The Bill of Rights for members of labor organizations is contained in Title 1, Section 101 of the Labor-Management Reporting and Disclosure Act (LMRDA or Landrum-Griffin Act). The Bill of Rights was designed to ensure equal voting rights, the right to sue the union, and the rights of free speech and assembly. These rights of union members are tempered by the union's right to enact and enforce "reasonable rules governing the responsibilities of its members."
The National Labor Relations Board A) is a federal administrative agency responsible for regulating labor-management relations. B) has the primary task of determining which employers must allow employees to form unions. C) protects all employees regardless of the industry. D) can investigate charges of unfair labor practices, but may not adjudicate any of those charges.
A The National Labor Relations Board is a federal administrative agency responsible for regulating labor-management relations. Its primary tasks are designating appropriate bargaining units of workers; conducting elections for union representation within the chosen bargaining unit; certifying the results of such elections; and investigating, prosecuting, and adjudicating charges of unfair labor practices. Some smaller businesses, government employees, railroad and airline workers covered by the Railway Labor Act, agricultural workers, domestic workers, independent contractors, and supervisors and other managerial employees are not protected by the board.
Which of the following is true of decertification of a union? A) The employees seeking decertification must be able to demonstrate at least 30 percent support for their petition for decertification of the union. B) Special election rules are instituted to determine whether the union enjoys continuing majority support. C) The decertification petition must be filed with the NLRB within 60 days of the initial formation of the union. D) The targeted union must be able to demonstrate at least 30 percent support for continuation of the union
A The employees must be able to demonstrate at least 30 percent support for their decertification petition. Once a decertification petition is properly filed with the board the usual election rules are followed to determine whether the union enjoys continuing majority support. If a union is decertified, ordinarily one year must pass before a new representation election can be conducted.
Section 9 of the National Labor Relations Act A) specifies the election procedures by which employees may choose whether to be represented by a particular union or no union at all. B) establishes the National Labor Relations Board. C) prohibits employer-funded union elections. D) guarantees that all employees, even part-time employees, can vote to elect union officers.
A Today labor-management relations are governed by the National Labor Relations Act (NLRA), as enforced by the National Labor Relations Board (NLRB). Section 9 of the National Labor Relations Act specifies the election procedures by which employees may choose whether to be represented by a particular union or no union at all.
If a company assists with the formation of a union by contributing financial support to it, employees may use the option of a(n) ________ strike. A) unfair labor practice B) economic C) right-to-work D) picketing
A Unfair labor practice strikes are those instituted by workers in response to the employer's commission of an unfair labor practice such as interfering with legitimate union activities, failure to bargain in good faith, or dominate, interfere, or assist with the formation of any labor organization, including contributing financial support to it. Economic strikes are those used purely as economic weapons to persuade employers to provide more favorable benefits or better working conditions.
Which of the following statements is true of primary picketing? A) The National Labor Relations Board will not interfere with this constitutional right under any circumstances. B) Primary picketing enjoys broad constitutional and statutory protection. C) The courts generally will not uphold any primary strike if it causes an undue burden on the employer. D) Picketers are allowed to coerce others into picketing provided they are not violent in doing so.
B Primary picketing is expressed directly to the employer with whom the picketers have a dispute. Primary picketing enjoys broad constitutional and statutory protection, but it may be unlawful if violent or coercive.
Congress passed the ________ in 1932 making it clear that "restraint of trade" was not meant to include labor organizations or activities? A) The Wagner Act B) The Norris-LaGuardia Act C) The Taft-Hartley Act D) The AFL-CIO Act
B Responding to mounting public pressure, Congress passed the Norris-LaGuardia Act in 1932 making it clear that the terminology "restraint of trade," which was the heart of the 1890 Sherman Antitrust Act, was not meant to include labor organizations or activities.
The Wagner Act A) made it clear that the terminology "restraint of trade" was not meant to include labor organizations or activities. B) for the first time gave workers the unequivocal right to organize and engage in concerted activities for their mutual aid and benefit. C) identified as unfair labor practices certain activities unions used to exercise economic leverage over employers as part of the collective bargaining process. D) ensured employers' right to speak out in opposition to union organizing-in effect, protecting their First Amendment right to freedom of speech.
B The Wagner Act gave workers, for the first time, the unequivocal right to organize and engage in concerted activities for their mutual aid and benefit. To protect this right, Congress identified and made illegal a number of unfair labor practices.
Which of the following is true of states that have enacted right-to-work laws? A) These states require nonmembers to pay union fees or dues in order to work in a union shop. B) These states allow nonmembers to be represented by unions in collective bargaining. C) These states permit union security arrangements in collective-bargaining agreements. D) These states require employers to hire only individuals who already belong to unions.
B The states that have enacted right-to-work laws prohibit union security arrangements in collective-bargaining agreements. In these states, nonmembers do not pay dues or fees, but as members of the bargaining unit, they must be represented by the union.
Which of the following would most likely be the result of mandatory bargaining between employers and labor representatives? A) A change in the monthly union dues amount charged to new union members B) A change in the election process of choosing union officers C) A change from an eight hour, five-day work week to a ten hour, four-day work week D) A change in the union's ability to boycott the employer's products
C A change from an eight hour, five-day work week to a ten hour, four-day work week would most likely be the result of mandatory bargaining between employers and labor representatives. Section 8(d) of the National Labor Relations Act clearly sets out some mandatory subjects over which the parties must bargain. These subjects are wages, hours, and "other terms and conditions of employment."
Which of the following would most likely be the result of permissive bargaining between employers and labor representatives? A) A change from an eight hour, five-day work week to a ten hour, four-day work week B) An agreement to institute merit pay increases for employees C) A change how in long union officers may serve D) A change to the employer's vacation policy
C A change how in long union officers may serve would most likely be the result of permissive bargaining between employers and labor representatives. Permissive subjects ordinarily would include such items as alteration of a defined bargaining unit, internal union affairs, and strike settlement agreements.
Which of the following is true of economic strikes? A) Picketing is the only method of protesting an employer's financial practices regarding the union. B) Economic strikes are instituted in response to the employer's interfering with legitimate union financial activities. C) The use or threat to use permanent replacements has become a powerful tool for employers facing economic strikes. D) All strikes involving merit pay for union officers are economic strikes.
C Economic strikes are those used purely as economic weapons to persuade employers to provide more favorable benefits or better working conditions. The use or threat to use permanent replacements has become a powerful tool for employers facing economic strikes.
Which of the following is a permissive bargaining subject? A) Working hours B) Conditions of employment C) Internal union affairs D) Wages
C Internal union affairs is a permissive bargaining subject. Those matters not directly related to wages, hours, and terms and conditions of employment and not falling within the category of prohibited subjects are considered permissive.
Which of the following actions of an employer would not be regarded as an unfair labor practice as per Section 8(a) of the National Labor Relations Act? A) Firing an employee because he or she has filed charges or given testimony under the act B) Assisting with the formation of any labor organization, including contributing financial support to it C) Agreeing to bargain collectively with a duly certified representative of the employees D) Discouraging membership in any labor organization by discrimination regarding hiring or any other term of employment
C Section 8(a) of the National Labor Relations Act (NLRA) makes it an unfair labor practice for an employer to interfere with, restrain, or coerce employees in the exercise of the rights given to them by Section 7; dominate, interfere, or assist with the formation of any labor organization, including contributing financial support to it; encourage or discourage membership in any labor organization by discrimination in regard to hiring, tenure of employment, promotion, salary, or any other term of employment; discharge or take any other action against an employee because he or she has filed charges or given testimony under the act; and refuse to bargain collectively with a duly certified representative of the employees.
Which of the following actions of a labor organization would be regarded as an unfair labor practice as per Section 8(b) of the National Labor Relations Act? A) Assisting with the formation of any labor organization, including contributing financial support to it B) Refuse to bargain collectively with a duly certified representative of the employees C) Attempting to induce an employer to engage in secondary boycott activities D) Allow employees to become provisional union members and then charge them premium dues
C Section 8(b) of the National Labor Relations Act makes it an unfair labor practice for a labor organization to induce or attempt to induce an employer to engage in secondary boycott activities. Some of the provisions of this section mirror some of the activities prohibited to employers.
Section 8(c) of the ________ is designed to ensure employers' and labor organizations' traditional First Amendment rights as long as they do not overstep certain bounds. A) Sherman Antitrust Act B) Norris-LaGuardia Act C) Taft-Hartley Act D) Wagner Act
C Section 8(c) of the Taft-Hartley Act is designed to ensure employers' and labor organizations' traditional First Amendment rights as long as they do not overstep certain bounds. Employers have the right to speak out against unions in the form of ads, speeches, and the like.
________ refers to the initiative taken by the management in labor disputes by not allowing some or all of its employees to work. A) Closed-shop B) Open-shop C) Lockout D) At-will
C Sometimes management takes the initiative in labor disputes by locking its doors to some or all of its employees. Both the National Labor Relations Board (NLRB) and the courts allow lockouts as defensive acts to protect businesses against sudden strikes and to prevent sabotage or violence.
The ________ contains a set of provisions often referred to as the "Bill of Rights" for individual union members. A) Sherman Act B) Taft-Harley Act C) Landrum-Griffin Antitrust Act D) Norris-LaGuardia Act
C The Landrum-Griffin Act contains a set of provisions often referred to as the "Bill of Rights" for individual union members. These provisions are designed to protect union members by requiring that union meetings be held, that members be permitted to speak and vote at these meetings, that every employee covered by a collective-bargaining agreement has the right to see a copy of that agreement, and that a union member be informed of the reasons and given a chance for a hearing if the union wishes to suspend or take disciplinary action against that member, unless he or she is being suspended for nonpayment of dues.
Which of the following acts ensured employers' right to speak out in opposition to union organizing-in effect, protecting their First Amendment right to freedom of speech? A) The Norris-LaGuardia Act B) The Wagner Act C) The Taft-Hartley Act D) The Landrum-Griffin Act
C The Taft-Hartley Act ensured employers' right to speak out in opposition to union organizing-in effect, protecting their First Amendment right to freedom of speech. Thus, the Taft-Hartley Act signaled a move by the government away from unconditional support for labor toward a balance of rights between labor and management.
Which of the following statements is true of the Taft-Hartley Act? A) It declared that refusal to bargain over a permissive subject constituted a National Labor Relations Act violation. B) It gave the National Labor Relations Board the authority to govern the result of a collective bargaining arrangement. C) It signaled a move by the government away from unconditional support for labor toward a balance of rights between labor and management. D) It allowed employees to claim compensation from employers for services not performed.
C The Taft-Hartley Act signaled a move by the government away from unconditional support for labor toward a balance of rights between labor and management. The act ensured employers' right to speak out in opposition to union organizing-in effect, protecting their First Amendment right to freedom of speech.
A local steel plant workers' union is in a dispute with Flag Steels Inc. In order to put pressure on the owners of Flag Steel, the union threatens a client of Flag Steel. Which of the following is true of this action? A) It is a legal and effective way for the union to get its demands met. B) It is a method that enjoys broad constitutional and statutory protection. C) It is an unfair labor practice known as secondary picketing. D) It is a peaceful, informational form of picketing for a lawful purpose.
C This action will be considered an unfair labor practice known as secondary picketing. Secondary picketing or boycotting is directed to a business other than the primary employer, and ordinarily it is unlawful.
In the context of labor union security arrangements, a collective-bargaining clause requiring all employees to pay union dues and fees is referred to as a(n) ________. A) non-core agreement B) core agreement C) agency agreement D) open-shop agreement
C To maintain their membership, unions typically seek a collective-bargaining clause requiring all employees to become union members after they have been employed for some period-generally 30 days (union shop agreements)-or, at the least, requiring them to pay union dues and fees (agency shop agreements). These "union security arrangements" are lawful under the National Labor Relations Act (NLRA).
Which of the following is a kind of strike that employees may use to persuade employers to provide more favorable benefits or better working conditions? A) Right-to-work strike B) At-will employment strike C) Economic strike D) Picketing strike
C Unfair labor practice strikes are those instituted by workers in response to the employer's commission of an unfair labor practice such as interfering with legitimate union activities or failure to bargain in good faith. These strikers can be temporarily, but not permanently, replaced. Economic strikes are those used purely as economic weapons to persuade employers to provide more favorable benefits or better working conditions.
________ is a practice in which employers can hire only individuals who already belong to unions. A) Open-shop arrangement B) Agency shop arrangement C) Runaway shop arrangement D) Closed-shop arrangement
D At one time, powerful unions insisted on closed-shop arrangements wherein employers could hire only individuals who already belonged to unions. Closed-shop arrangements are now forbidden by the National Labor Relations Act.
Which of the following is true of the Landrum-Griffin Act? A) It gave workers the unequivocal right to organize and engage in concerted activities for their mutual aid and benefit. B) It established the National Labor Relations Board (NLRB). C) It signaled a move by the government away from unconditional support for labor toward a balance of rights between labor and management. D) It required union leaders to keep records of their funds in response to evidence that union leaders were benefiting at the expense of membership.
D In response to the growing evidence that union leaders were benefiting at the expense of the membership, Congress in 1959 enacted the Landrum-Griffin Act, requiring unions to keep records of their funds. It also prohibits unions from lending money except under specified circumstances and procedures, all of which must be reported annually to the government.
Employees' political advocacy efforts may affect the workplace. Political advocacy, in some circumstances, may be considered a(n) ________ under Section 7 of the National Labor Relations Act. A) 501(c)4 fundraising activity B) improper union activity C) illegal activity for disruptive purposes D) concerted activity for "mutual aid or protection"
D Political advocacy, in some circumstances, may be considered a concerted activity for "mutual aid or protection" under Section 7. Under 2008 NLRB guidelines, the first question is whether there is a direct connection between the political issue at stake and a "specifically identified employment concern of the participating employees." Even if that direct connection is found, however, the employer may discipline the employees if the political activity, like attending a rally, for example, violates "neutrally applied" work rules such as restrictions on leaving work without permission
Which of the following statements is true of the Knights of Labor, the first major labor organization in the United States? A) It restricted its membership to iron workers. B) It restricted its membership to female garment workers. C) It dedicated itself to forming credit unions. D) It dedicated itself to principles of social reform.
D The Knights of Labor dedicated itself to principles of social reform, including the protection of wage and hour laws, improved health care systems, and mandatory education. However, the goals of the Knights of Labor were perhaps too broad and far-reaching to bring workers any relief from their immediate problems.
What is the key consideration in establishing an appropriate employee bargaining unit? A) The gross net income of the employer B) The number of employees C) The size of the employer D) The community of interest among employees
D The key consideration in establishing an appropriate employee bargaining unit is the community of interest among the employees. The National Labor Relations Board searches for an appropriate bargaining unit because collective bargaining will not be stable and efficient if it involves employees with diverse interests.
The practice of union organizers applying for jobs with the intent of unionizing the other employees from the inside is referred to as ________. A) discreet recruiting B) judicious picketing C) internal boycotting D) salting
D The practice of union organizers applying for jobs with the intent of unionizing the other employees from the inside is referred to as salting. The Supreme Court's 1995 Town amp; Country decision held that salts are employees, thus affording them National Labor Relations Act (NLRA) protection that forbids discrimination based on union affiliation, but a 2007 NLRB decision limited protection under the NLRA to those salts who are "genuinely interested" in obtaining employment.
Which of the following is true of unfair labor practice strikes? A) They are used purely as economic weapons to persuade employers to provide more favorable benefits or better working conditions. B) The strikers can be permanently replaced by the management. C) The law prohibits such strikes. D) They are instituted by workers when the employers interfere with legitimate union activities or fail to bargain in good faith.
D Unfair labor practice strikes can be instituted by workers when the employers interfere with legitimate union activities or fail to bargain in good faith. These strikers can be temporarily, but not permanently, replaced.
When a union is given statutory authority to be the exclusive bargaining agent for the employees in the designated bargaining unit, all but which of the following is a result? A) This means that even if an individual employee in the bargaining unit does not agree with union policies or is not a member of the union, he or she cannot bargain individually with the employer. B) Such an employee is bound by the terms of the collective-bargaining agreement. C) The union has a duty to fairly represent that employee and all members of the bargaining unit, whether or not they become members of the union. D) Union dues may be charged to all employees because all employees benefit from the collective bargaining unit's negotiations with the employer.
D When a union is given statutory authority to be the exclusive bargaining agent for the employees in the designated bargaining unit, even if an individual employee in the bargaining unit does not agree with union policies or is not a member of the union, he or she cannot bargain individually with the employer. Such an employee is bound by the terms of the collective-bargaining agreement, and the union has a duty to fairly represent that employee and all members of the bargaining unit, whether or not they become members of the union.
Section 8(a) of the Norris-LaGuardia Act makes it an unfair labor practice for an employer to dominate, interfere, or assist with the formation of any labor organization.
False Section 8(a) of the National Labor Relations Act makes it an unfair labor practice for an employer to dominate, interfere, or assist with the formation of any labor organization, including contributing financial support to it. In addition, if employees have chosen a union as their exclusive collective bargaining representative, Section 8(a) regulates the bargaining between the employer and the union.
The Knights of Labor admitted any workers to its ranks, regardless of occupation, gender, or nationality including bankers and stockbrokers.
False The Knights of Labor admitted any workers to its ranks, regardless of occupation, gender, or nationality; in fact, the only people excluded from the group were gamblers, bankers, stockbrokers, and liquor dealers. The Knights of Labor was the first major labor organization in the United States.
The Taft-Hartley Act has regulated the manner in which unions represent employees in the collective bargaining process.
False The Landrum-Griffin Act has regulated the manner in which unions represent employees in the collective-bargaining process. Because a union serves as employees' exclusive bargaining representative, the courts have devised a duty of fair representation.
The Landrum-Griffin Act permits labor unions to establish credit unions; however, labor unions cannot use these credit unions to lend money.
False The Landrum-Griffin Act prohibits unions from lending money except under specified circumstances and procedures, all of which must be reported annually to the government. The Landrum-Griffin Act also contains a set of provisions often referred to as the "Bill of Rights" for individual union members.
Political advocacy may in some circumstances be considered a concerted activity for "mutual aid or protection" under Section 7 of the National Labor Relations Act.
True Political advocacy may in some circumstances be considered a concerted activity for "mutual aid or protection" under Section 7 of the National Labor Relations Act. When political issues such as immigration become heated, employees' political advocacy efforts may affect the workplace.
In most labor-management bargaining cases, neither the company nor the union can turn to the courts to set aside arbitration decisions.
True Many court decisions have vigorously supported the arbitration process as the means of settling labor-management contract maintenance disputes. The courts tend to find disputes arbitrable unless the labor agreement explicitly and unambiguously exempts the subject at issue from the arbitration process. Furthermore, but for rare exceptions, neither the company nor the union can turn to the courts to set aside arbitration decisions.
Refusal to bargain over a permissive bargaining subject does not constitute a National Labor Relations Act violation.
True Refusal to bargain over a permissive subject does not constitute a National Labor Relations Act (NLRA) violation, and permissive subjects must simply be dropped if the parties do not reach an agreement. Either party may raise permissive subjects during the bargaining process, but neither may pursue them to the point of a bargaining impasse.
Section 8(b) of the National Labor Relations Act prohibits a labor organization to try to make an employer compensate workers for services not performed.
True Section 8(b) of the National Labor Relations Act lists activities constituting unfair labor practices by a labor organization. Under this section, a labor organization is not permitted to try to make an employer compensate workers for services not performed.
The Bill of Rights of the Labor-Management Reporting and Disclosure Act (LMRDA or Landrum-Griffin Act) was designed to ensure that members of labor organizations get equal voting rights, the right to sue a union, and the rights of free speech and assembly.
True The Bill of Rights of the Labor-Management Reporting and Disclosure Act (LMRDA or Landrum-Griffin Act) was designed to ensure union members' equal voting rights, the right to sue a union, and the rights of free speech and assembly. These rights of union members are tempered by the union's right to enact and enforce "reasonable rules governing the responsibilities of its members."
The National Labor Relations Act (NLRA) permits employees from engaging in concerted activities like strikes and collective bargaining.
True The National Labor Relations Act (NLRA) gives employees the right to engage in concerted activity, including strikes and collective bargaining. However, when political issues such as immigration become heated, employees' political advocacy efforts may affect the workplace. Political advocacy may in some circumstances be considered a concerted activity for "mutual aid or protection" under Section 7 of the NLRA.
Those matters not directly related to wages, hours, and terms and conditions of employment and not falling within the category of prohibited subjects are referred to as permissive bargaining subjects.
True Those matters not directly related to wages, hours, and terms and conditions of employment that also do not fall within the category of prohibited subjects are referred to as permissive bargaining subjects. Permissive subjects ordinarily would include such items as alteration of a defined bargaining unit, internal union affairs, and strike settlement agreements.