QUESTION 21

1. Oshkosh Corporation is a large manufacturer of military vehicles used in Afghanistan. If Oshkosh Corporation workers went out on strike and the President believed that this strike presented a significant threat to the nation's safety, he could do all of the following except:

A.

Seek a court-ordered injunction preventing the strike.

B.

Impose a "cooling off" period to allow the parties time to reach a settlement.

C.

Discharge the strikers and replace them with new workers.

D.

Appoint a board of inquiry to investigate the labor dispute.

QUESTION 22

1. Which of the following is a strike not protected under the NLRA?

A.

Economic.

B.

Jurisdiction.

C.

Unfair labor practice.

D.

Recognition.

1.5 points

QUESTION 23

1. Which of the following is not likely to impair the laboratory conditions doctrine according to the NLRB?

A.

Visits to employees homes by company representatives or supervisors.

B.

A manager tells her employees that if they don't vote for the union, she will make sure they get extra paid time off.

C.

A manager posts a "no solicitation" sign during the union campaign.

D.

Mandatory employer meetings with employees during which the employer "makes a case" against unions one week before the election.

QUESTION 24

1. In a nonunion setting, a formal dispute procedure is likely to include all of the following except:

A.

An open door policy.

B.

Final decision by a higher level of management.

C.

An appeal process.

D.

Final and binding arbitration as the final step for grievance resolution.

QUESTION 25

1. The decision to exclude supervisors under the NLRA is controversial because:

A.

Supervisors are routinely treated poorly when compared to other employees and need more, not less, protection.

B.

The NLRB does not define who qualifies as a "supervisor".

C.

Companies may intentionally give employees just enough responsibility to qualify them as supervisors so they will not have NLRA protection.

D.

Supervisors' interests are too closely aligned with those of other employees and this would make a union too powerful.

QUESTION 26

1. In return for management's agreement to arbitrate disputes in the workplace, the union generally waives:

A.

The right to sue.

B.

The right to make unilateral changes to the contract.

C.

The right to strike.

D.

The right to mediate.

QUESTION 27

1. An employee who wants to work instead of strike has the legal right to:

A.

Cross their own union's picket line but not another union's picket line.

B.

Resign from the union but cannot cross the picket line.

C.

Cross another union's picket line but not their own picket line.

D.

Cross any picket line and/or resign from the union.

QUESTION 28

1. When the Teamsters Union, which had traditionally represented truck drivers, and other employees in the transportation industry, began to organize police and firefighters, it could be considered a:

A.

A strategic campaign.

B.

An illegal campaign.

C.

An opportunistic campaign.

D.

A decertification campaign

.

QUESTION 29

1. One of the main goals of U.S. labor relations law is to give workers the freedom to negotiate individual contracts with their employers.
4. True
5. False

QUESTION 30

1. When unions negotiate contracts with one company at a time, each modeling their settlements after prior contracts negotiated in the same industry or covering similar jobs, it is known as:

A.

Contract modeling.

B.

Concession bargaining.

C.

Hardball tactics.

D.

Pattern bargaining.

QUESTION 31

1. The fact that nonunion grievance systems that include a nonmanagerial decision maker tend to result in higher grievance filings rates than those that are decided by management suggests that:

A.

Nonmanager decision makers are more biased than managers.

B.

Employees are more willing to bring forward complaints when the decisions are being made by nonmanagers than by managers.

C.

Managers are unfair in their grievance decisions.

D.

When nonmanagers make decisions it encourages employees to complain more.

1.5 points

QUESTION 32

1. Although there are some key differences, grievance arbitration closely resembles:

A.

Mediation.

B.

Tripartite negotiations.

C.

Bilateral negotiations.

D.

A formal judicial process.

QUESTION 33

1. 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.

Petition the employer to stop negotiating with the union.

B.

File a petition for decertification election.

C.

Request that a new union begin negotiating on their behalf.

D.

Stop paying all union dues.

QUESTION 34

1. The research on the grievance process indicates that:

A.

A union grievance procedure results in the best outcomes for both management and employees.

B.

Grievances often lead to turnover and/or lower performance ratings for both employees and supervisors involved in the grievance.

C.

Grievance procedures increase job turnover.

D.

Employees lose most of the grievances filed.

QUESTION 35

1. In a union election, managers and supervisors are allowed to do all of the following except:

A.

Make statements about their opinions of the union or of unions in general.

B.

Make promises to increase pay or provide other benefits to workers if they do not vote for the union.

C.

Share experiences that they have had with unions or with the particular union workers are considering.

D.

Provide union employees with facts about unions in general or about the particular union workers are considering.

QUESTION 36

1. In the U.S., employers have the right to hire permanent strike replacements in:

A.

A noneconomic strike.

B.

Any strike that would create an economic hardship for the employer.

C.

An economic strike.

D.

An unfair labor practice strike.

1.5 points

QUESTION 37

1. A large grocery store is in negotiations with its baggers and checkers. To apply pressure to the store, the employees are allowed to do all of the following except:

A.

Encourage customers to boycott the store.

B.

Picket outside the store so long as they are not blocking any entrances.

C.

Encourage customers not to patronize either the store or the meat supplier.

D.

Publicize the fact that a large, local meat company is supplying most of the meat sold in the store and has also had a history of antiunion behavior.

QUESTION 38

1. The NLRA specifies that permanently replaced strikers are eligible to vote in a decertification election:

A.

If they are hired back by the company.

B.

At any time, regardless of when the decertification election is held.

C.

If the election occurs within 12 months of the start of the strike.

D.

Not at all; permanently replaced strikers lose all rights to vote in a decertification election.

QUESTION 39

1. One possible disadvantage of mediation-arbitration as a method for third party dispute resolution is:

A.

The threat of arbitration makes successful mediation less likely to occur.

B.

The mediator-arbitrator develops too much knowledge of the parties' concerns in the mediation phase and can no longer remain neutral in the arbitration phase.

C.

The parties may withhold information during the mediation because they fear the mediator-arbitrator will use the information against them in the arbitration phase.

D.

The mediator-arbitrator can have too much power because of the threat of what they'll do in arbitration.

QUESTION 40

1. 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 president's passionate speech could be considered threatening.

C.

The picnic could be considered an inducement or reward for not voting for the union.

D.

The employer did not violate the NLRA in any way.

1.5 points

QUESTION 41

1. The SteelworkersTrilogy established:

A.

The right of the arbitrator to create their own contract from the final offers of the union and management.

B.

The legally binding nature of an arbitrator's decision, despite whether the union and/or management agree with it.

C.

The obligation of a union and management to resolve conflict issues in arbitration.

D.

The right of the parties to challenge an arbitrator's decision in court.

QUESTION 42

1. An agreement that requires employees to settle disputes with their employer using arbitration instead of a lawsuit is known as:

A.

Grievance waiver.

B.

Mandatory grievance agreement.

C.

Arbitration waiver.

D.

Mandatory arbitration agreement.

1.5 points

QUESTION 43

1. Weingarten rights describe:

A.

The right of management to retain control over certain decisions such as plant closings and assignment of work.

B.

The right of a unionized worker to have a representative present at a disciplinary meeting.

C.

The right of workers to pay only that portion of their union dues that goes toward representation and collective bargaining.

D.

The right of workers to unionize and bargain collectively.

1.5 points

QUESTION 44

1. A union is said to have strong strike leverage when:

A.

Conditions are such that a strike would be costly to the employer.

B.

Conditions are such that a strike would be costless to the employer.

C.

The union has taken its members out on strike.

D.

The employer is in a strong bargaining position forcing the union to strike.

QUESTION 45

1. 60 days before contract negotiations are set to begin, the parties provide the Federal Mediation and Conciliation Service:

A.

Petition for election.

B.

Notice of intent to bargain.

C.

Notice of intent to strike or lockout.

D.

Authorization cards.

QUESTION 46

1. 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.

Compensatory damages.

B.

Backpay.

C.

Reinstatement.

D.

Punitive damages.

1.5 points

QUESTION 47

1. John, a retail store manager, is concerned about a union organizing attempt at his store. He decides to visit each of his employees at home to discuss the matter in an "informal" setting. John's actions are likely to be considered grounds for invalidating the election.
4. True
5. False

1.5 points

QUESTION 48

1. The contract bar doctrine:

A.

Prohibits a union from entering into any collective bargaining agreement with any employer.

B.

Specifies minimum standards that union contracts must meet to be considered legal.

C.

Prohibits a decertification election from being held during the life of an existing contract.

D.

Prohibits an employer from entering into a collective bargaining agreement with a union.

QUESTION 49

1. A unilateral change as it pertains to bad faith bargaining occurs when:

A.

An employer changes wages, benefits or other terms of employment without first consulting the employees.

B.

An employer changes wages, benefits or other terms of employment without first bargaining with the union.

C.

The union agrees to a change in wages, benefits or other terms of employment without first consulting the employees.

D.

The government imposes a settlement on the employer and the union because they are unable to reach an agreement.

QUESTION 50

1. The process of producing a legally binding, written contract that specifies wages, benefits, layoff policies, grievance procedures, etc. is called:

A.

Direct dealing.

B.

Authorization campaigning.

C.

Collective bargaining.

D.

Attitudinal structuring.