MGT 334 Quiz Questions

Identify the three classifications of bargaining subject matter and explain the impact of the classification

1. Mandatory: vitally effects terms & conditions of employment to BU employees 2. Permissive: Neither mandatory or prohibited 3. Prohibited: Includes the NLRA & any attempt to bargain over a prohibited subject

Identify the two primary legal questions addressed by the NLRB procedures and explain each briefly

1. Representation Elections - Employees choosing whether to be represented by a labor organization as their exclusive bargaining agent 2. Unfair Labor Practice Charges - Initiates NLRB proceedings - Can be filed by employees, unions, employers, etc - Section 10: must be filed within 6 months of alleged ULP

Identify the primary differences between the two types of "legal" strikes

1. Unfair Labor Practice Strikes - may not be replaced - able to vote 2. Economic Strikes - may be replaced - voting issues

Identify the methods through which employees can obtain a bargaining agent and the primary similarities or difference

1. Voluntary recognition - majority of employees, no petition or election, bargaining required (6 month) 2. Representation election - majority of employees, RC petition filed, secret ballot election, bargaining required (12 months) 3. ULP impose remedy

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

Identify what a bargaining unit is and why it is important

A group of employees being represented by a union. It is important because it has the power to make workplaces safer through negotiating/bargaining.

Provide specific examples of employer work rules which could violate an employer's Section 7 rights

A work rule is a rule established in the workplace Examples: Equal opportunity, code of conduct, health & safety, byod

The law recognizes a qualified privilege in all of the following instances EXCEPT : A. comments concerning an employee's performance communicated to the employee's supervisor via company email B. an employer discussing an employee's performance with his coworkers over lunch C. comments concerning an employee's performance made to the employee's supervisor D. formal assessments of an employee, communicated by a former employer to a prospective employer.

B. an employer discussing an employee's performance with his coworkers over lunch

To determine if the union has majority support during the first twelve months of a strike, the NLRB held that economic strikers must be considered as members of:

Bargaining Unit

Alternative dispute resolution includes each of the following, EXCEPT: A. Mediation B. Conciliation C. Litigation D. Arbitration

C. Litigation

The Occupational Safety & Health Act exists for all of the following EXCEPT: A. Provide whistleblowers protection B. Ensure safe and healthful working conditions C. Provide payment for on-the-job injuries D. Provide research, education, training, and information

C. Provide payment for on-the-job injuries

A union can become an exclusive bargaining representative in each of the following ways EXCEPT: A. as a ULP remedy B. by voluntary recognition C. by filing an application with the NLRB D. through a representation election

C. by filing by application with the NLRB

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

The advantages of arbitration over litigation include the following: A. It is generally less expensive B. It generally can be faster C. It generally can be more confidential D. All of these are correct E. It generally provides the parties greater flexibility

D. All of these are correct

In the late 1880s, the development of all of the following provided powerful weapons for use against the activities of organized labor EXCEPT: A. Labor Injunctions B. Antitrust Laws C. Yellow-Dog Contract D. Ex Parte Proceedings

D. Ex Parte Proceedings

All of the following are true about secret trade EXCEPT: A. It is protected by some states' laws B. It is often protected by terms and conditions in an employment contract C. It is considered proprietary information D. It is generally known by the public

D. It is generally known by the public

Which of the following is NOT true of unemployment claim litigation: A. The unemployment claim is usually evaluated in the first instance by an unemployment office or agency in the area where the worker resides B. The unemployment compensation process usually begin with a worker's application for benefits C. Unemployment benefits are paid for by a tax on the wages of the workers and an equal levy on the employer's total payroll D. Regardless of whether the decision is favorable or unfavorable, an appeal is not possible

D. Regardless of whether the decision is favorable or unfavorable, an appeal is not possible

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 the bargaining agreement

To what extent may the employer limit union soliciting by employees? By non-employees?

Employees may have "reasonable restrictions" which include a valid workplace purpose and must be applied to uniformly to all soliciting, may be limited to nonworking areas & non working time. Non-employees, employers may bar completely

Describe generally the duty to bargain

Employers have a legal duty to bargain in good faith with their employees' representative and to sign any collective bargaining agreement that has been reached

A grievance under a collective bargaining agreement is limited to disputes between an employee and the employer TRUE OR FALSE

False

A lockout amounts to a permanent closure of a plant to avoid unionization TRUE OR FALSE

False

A pregnant employee may be denied employment if the employer is concerned the unborn baby might be at risk TRUE OR FALSE

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 TRUE OR FALSE

False

An employee is eligible for a Family and Medical Leave Act (FMLA) leave after completing six months of full-time employment TRUE OR FALSE

False

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

False

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

False

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

False

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

False

An employer may permanently replace an employee who participates in an unfair labor practice strike TRUE OR FALSE

False

Federal EEO laws specifically prohibit employment discrimination based on a criminal record TRUE OR FALSE

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 TRUE OR FALSE

False

If an employer's negligence causes an employee to be injured at work, the employee can bring a tort action for damages against the employer TRUE OR FALSE

False

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

False

Pregnancy is considered a BFOQ which provides an employer an exception from liability if it terminates the employment of a pregnant woman TRUE OR FALSE

False

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

False

Pursuant to Michigan's Paid Medical Leave Act, effective March 29, 2019, all employers are required to provide paid sick leave to their employees TRUE OR FALSE

False

Section 7 employee rights are only relevant when an employer has a union TRUE OR FALSE

False

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

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 TRUE OR FALSE

False

The Family and Medical Leave Act (FMLA) requires an employer with 50 or more employees to provide paid medical leave for an employee with a serious health condition TRUE OR FALSE

False

The NLRA applies to both public and private employers TRUE OR FALSE

False

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

False

The employer may not accompany an OSHA inspector during the physical inspection of the work site TRUE OR FALSE

False

The federal Employees Polygraph Protection Act of 1988 supports the right of private employers to require employees to take polygraphs or "lie detector" tests TRUE OR FALSE

False

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

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 TRUE OR FALSE

False

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

False

_________ is the second leading cause of fatal occupational injury in the United States

Homicide

Explain briefly the concept of NLRB general jurisdiction (with a few examples)

NLRB general jurisdiction standards are: 1. Covered employers/exempt employers 2. Exempt employees (statutory & judicial) 3. Labor organization Examples: general non-retail firms, retail business, public utilities, multi-state establishments, national defense

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:​

National Labor Relations Act

In addition to being granted the right to a workplace free from recognized hazards, employees under the Occupational Safety and Health Act are protected from:

Retaliation

Employees should attempt to have the employer correct the hazardous condition before exercising their:

Right to refuse

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

What is secondary picketing or boycotting & why is it prohibited?

The act of picketing of an employer who is involved in business with another employer with whom a union has a dispute with. It is prohibited under Section 8(b) of the NLRA because it fears the instability to may cause to the economy

Identify the primary purposes of the national labor relations laws

To protect: 1. Employees & employees rights 2. Grants employees right to form or join a union 3. Use their rights to concerted activities to address or improve working conditions

A de minimis occupational safety and health violation is a significant technical violation TRUE OR FALSE

True

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 OR FALSE

True

A tort is a civil wrong or injury caused either intentionally or negligently TRUE OR FALSE

True

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

True

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

True

An employer may resort to lockout only after bargaining in good faith to an impasse TRUE OR FALSE

True

Employers are free to permanently replace employees who go on an economic strike TRUE OR FALSE

True

Generally, an arbitrator's decision is final, binding, and enforceable TRUE OR FALSE

True

If an employee is injured at work, workers' compensation insurance provides the employee payment for lost wages and medical expenses TRUE OR FALSE

True

If an employer believes that an occupational safety and health standard is inappropriate for its particular situation, an exemption (or variance) may be requested TRUE OR FALSE

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 TRUE OR FALSE

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 OR FALSE

True

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

True

The Occupational Safety and Health Act (OSHA) requires employers to furnish employees a workplace free from recognized hazards that cause, or are likely to cause, serious injury or death TRUE OR FALSE

True

The duty of fair representation is a judicially created obligation on the part of the union to represent fairly all employees in a bargaining unit TRUE OR FALSE

True

The parties generally incorporate arbitration as the final step of the grievance procedure TRUE OR FALSE

True

There is a constitutional right to picket, but there is no recognized constitutional right to strike TRUE OR FALSE

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 OR FALSE

True

When the employee has established a breach of the collective agreement by the employer and a breach of the duty of fair representation by the union, the employer and the union generally will share liability TRUE OR FALSE

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 OR FALSE

True

Workers' compensation laws generally are administered at the state level TRUE OR FALSE

True

An individual who is otherwise qualified to receive unemployment benefits will NOT be eligible for benefits if the termination of employment was due to:

Willful Misconduct

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

Under the NLRA, unfair labor practice strikes are:

protected activity

Weingarten rights provide:

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