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42 Cards in this Set

  • Front
  • Back

The MOST basic reason employees join unions is to
( ) A. belong to a group with similar goals and ideals.
( ) B. help guarantee a safe, secure work environment.
( ) C. exercise their leadership abilities.
( ) D. fulfill their needs for self-esteem.

( ) B. help guarantee a safe, secure work environment.

While all of the above options can be reasons for union membership, the most basic need, according to Maslow, is the need for safety and security.
Which of the following laws restricts arbitrary injunctions against non-violent union activity?
( ) A. Taft-Hartley Act
( ) B. Labor-Management Reporting and Disclosure Act
( ) C. Norris-LaGuardia Act
( ) D. Railway Labor Act
( ) C. Norris-LaGuardia Act

The Norris-LaGuardia Act restricts arbitrary injunctions against non-violent union activity. Sweetheart contacts and union unfair labor practices were banned by the Taft-Hartley Act. Closed shop exceptions for construction trades were allowed according to the Labor-Management Reporting and Disclosure Act. The Railway Labor Act gave railroad employees the right to Organize and bargain collectively.
Which of the following is prohibited by the NLRA?
( ) A. Arbitrary injunctions
( ) B. Collective bargaining
( ) C. Employer domination of unions
( ) D. Yellow-dog contracts
( ) C. Employer domination of unions

The NLRA attempted to balance the interests of management and labor and prohibited the employer from unfair labor practices such as union domination. The Norris-LaGuardia Act prohibited arbitrary injunctions. The NLRA did not prohibit collective bargaining; it established mandatory subjects for collective bargaining. Yellow-dog contracts were prohibited by the Norris-LaGuardia Act.
Which of the following statements about the Taft-Hartley Act is true?
( ) A. It allowed employers to file unfair labor practice charges against unions.
( ) B. It established the NLRB to encourage growth of the union movement.
( ) C. It prohibited paycheck deduction of union dues.
( ) D. It allowed employers to establish company-sponsored labor unions.
( ) A. It allowed employers to file unfair labor practice charges against unions.

The Taft-Hartley Act established a balance of power between union and management by making union unfair labor practices unlawful. B is incorrect because the NLRA established the NLRB to encourage union growth. C is incorrect because the Taft-Hartley Act allows deduction of union dues with the employee's written consent. D is incorrect because the Taft-Hartley Act outlawed "sweetheart contracts," forbidding employers from establishing company-sponsored labor unions.
Right-to-work laws allow states to
( ) A. establish emergency strike provisions when a strike threatens public welfare.
( ) B. maintain a list of arbitrators to assist in contract settlement.
( ) C. pay less than the federal minimum wage.
( ) D. forbid compulsory union membership.
( ) D. forbid compulsory union membership.

Right-to-work laws were established by some states, with the permission of the federal government, to forbid compulsory union membership.
Which of the following gave union members the right to secret ballot elections for union officers and the right to sue the union?
( ) A. National Labor Relations Act
( ) B. Railway Labor Act
( ) C. Labor-Management Reporting and Disclosure Act
( ) D. Labor Management Relations Act
( ) C. Labor-Management Reporting and Disclosure Act

The Labor-Management Reporting and Disclosure Act was intended to protect employees from corrupt or discriminatory labor unions. It gave union members the right to secret ballot elections for union offices, protection from excessive dues, freedom of speech in union matters, and the right to sue the union.
Common law is based on
( ) A. EEOC directives.
( ) B. congressional legislation.
( ) C. court decisions.
( ) D. torts.
( ) C. court decisions.

Common law is based on court decisions rather than codified laws. Statutory law is enacted by legislation and enforced by the EEOC. A tort is a wrongful act, the result of which may be a civil suit.
Which of the following could be an exception to the employment-at-will concept?

( ) A. An employee is fired for engaging in misconduct.
( ) B. An employee is terminated for filing for workers' compensation benefits.
( ) C. An employer and an employee agree to sever the employment relationship.
( ) D. An employer terminates an employee who does not have an employment contract.
( ) B. An employee is terminated for filing for workers' compensation benefits.

Employment-at-will is the concept that an employer or employee may sever the employment relationship at any given time for any reason unless prohibited by law or an employment contract. There are a number of exceptions to employment-at-will, including implied contract, public policy, and implied covenant of good faith and fair dealing. Filing for workers' compensation benefits falls into the public policy exception that states that employees cannot be fired for fulfilling legal obligations or pursuing certain statutory rights. Therefore, in MOST states, filing workers' compensation benefits falls into this category.
An employer's best defense when a case of negligent hiring goes to court is to
( ) A. produce evidence of employment and reference checking.
( ) B. produce the employee's signed application form.
( ) C. produce letters of reference provided by the employee.
( ) D. prove that any misconduct occurred after regular work hours.
( ) A. produce evidence of employment and reference checking.

The basic theory is that employers have a duty to protect workers from coworkers who the employer knew (or should have known) posed a risk. Proof that reference and employment checking has been done is the employer's best defense. A signed application form or letters of reference provided by the employee may not be accurate or present a complete picture. The fact that misconduct may have occurred after work hours does not relieve the employer from the obligation to protect coworkers from employees who pose a risk.
Which of he following is true about an EEOC investigation of an employee's charge of discrimination?
( ) A. The EEOC field offices will accept complaints filed within one year of the alleged
discrimination.
( ) B. The EEOC must initiate legal action if efforts at conciliation fail.
( ) C. The EEOC can issue a right-to-sue letter that prevents further legal action.
( ) D. The EEOC can ask an employer to participate in mediation before it begins an investigation.
( ) D. The EEOC can ask an employer to participate in mediation before it begins an investigation.

Depending on an initial priority assessment, the EEOC may request that both parties attempt mediation first. A is incorrect because claims must be filed within 180 or 300 days of the incident, depending on the jurisdiction. B is incorrect because although the EEOC can initiate legal action, it is not required to do so. C is incorrect because a right-to-sue letter gives the employee the right to file suit in court.
An HR manager is directly involved in an employment decision that leads to an EEOC complaint. Legal counsel prepares an answer to the complaint and files it with the court. As the case proceeds, the manager will NOT be asked to
( ) A. respond to requests for information and documents.
( ) B. prepare other HR managers and witnesses for deposition.
( ) C. sit with legal counsel during the trial.
( ) D. attend the deposition of the plaintiff
( ) B. prepare other HR managers and witnesses for deposition

The HR manager will be deposed but will not be responsible for preparing
other witnesses. This is the responsibility of legal counsel. Counsel will probably ask the HR manager to attend the deposition of the plaintiff since the manager can provide insights into the testimony. For the same reason, it is likely that the manager will sit with counsel during the trial. During all phases of the proceedings, the HR manager will be asked to provide information or documents.
A manufacturing company institutes an employee feedback group to improve relations with its workers. Which of the following actions might be perceived as a violation of the NLRA?
( ) A. The committee investigates safety problems and considers ways to make the workplace safer.
( ) B. The committee certifies that certain employees have reached a higher skill level and should receive a pay increase.
( ) C. The committee presents a proposal to management on increasing vacation time.
( ) D. The committee stops the shipping of products that do not meet plant standards.
( ) C. The committee presents a proposal to management on increasing vacation time.

Courts have found that committees that negotiate or present proposals to management for their consideration may actually be functioning as employer-dominated labor organizations. Any committee whose purpose is to "deal with" management runs this risk. On the other hand, courts have found that committees are legal when they exercise the authority delegated to them by management to operate within certain parameters. The kind of activities described in option A, B, and D are examples of legal activities and are comparable to those actions that would be taken by a front-line supervisor in a plant.
An organization analyzes an assembly-line job, determines the most efficient assembly process, and institutes this process throughout the organization. This is an example of
( ) A. standardization.
( ) B. specialization.
( ) C. job rotation.
( ) D. division of labor.
( ) A. standardization.

Standardization focuses on creating processes that are institutionalized and lead to reduced training time and costs and greater job efficiency. Specialization occurs when people complete the same task, becoming more proficient over time. Division of labor reduces jobs to their smallest components and assigns a worker to each component. Job rotation is a strategy that shifts people between comparable but different jobs.
Task significance is the extent to which a job
( ) A. offers workers freedom and autonomy.
( ) B. is meaningful and important to others.
( ) C. requires completion of a "whole" unit of work.
( ) D. requires clear and direct feedback.
( ) B. is meaningful and important to others.

Task significance is the extent to which ajob has a substantial impact on other people and therefore becomes more meaningful. The remaining options refer to other design characteristics of jobs: A refers to autonomy; C refers to task identity; and D refers to feedback.
Which of the following describes the difference between a committee and a task force?
( ) A. A committee is temporary and works outside of usual organizational boundaries; a task
force is a permanent group dedicated to a specific task.
( ) B. Committee membership is voluntary, and committee members keep their normal jobs; task force members are appointed and are relieved of normal job duties.
( ) C. A committee has an ongoing charter; a task force is temporary.
( ) D. A committee is made up of employees from the same functional area; a task force is cross-functional.
( ) C. A committee has an ongoing charter; a task force is temporary.

Committees, such as a safety committee, generally have an ongoing charter. While the members of the committee may change over time, the committee itself endures. On the other hand, a task force is disbanded once it has tackled the long-term strategic objective assigned to it.
A consulting company recently changed its vacation and leave policies and wants to know how employees feel about the changes. Its 500 employees are located in 40 locations throughout the U.S. and western Europe. Which of the following survey methods is likely to yield the highest response rate and best data?
( ) A. Online survey
( ) B. Telephone survey
( ) C. Fax survey
( ) D. Mail survey
( ) A. Online survey

Online surveys generally yield the highest response rate due to the convenient 24/7 access via the Internet or company intranet. In addition, responses to open-ended questions are often more complete if employees can type them in as opposed to writing them on a form. Given the time zone changes, phone interviews would be cumbersome; fax and mail surveys run the risk of being lost and not reaching all employees.
A detailed, step-by-step description of a company's customary method of handling activities is a
( ) A. policy.
( ) B. procedure.
( ) C. rule.
( ) D. vision.
( ) B. procedure.

The key phrase in this question is step-by-step. Only a procedure provides a detailed step-by-step methodology for handling activities. A policy is merely a statement reflecting an organization' s philosophy, objectives, or standards; a rule states directly what must be done or avoided and a vision articulates, in general terms, what an organization would like to achieve.
The PRIMARY reason employee handbooks should be carefully reviewed is because they
( ) A. provide new emp,loyees with an impression of the company.
( ) B. may be the primary method of employee communication.
( ) C. may be viewed by the company's competitors.
( ) D. may create an enforceable contract.
( ) D. may create an enforceable contract.

While all the answers may be true, the most important reason to review employee handbooks is to avoid inadvertently creating permanent, enforceable contractual obligations. Employees will expect to receive the benefits and follow the procedures outlined in the handbook. Therefore, outdated benefits or procedures can create liability for the company.
A supervisor counsels an employee about frequent tardiness. In spite of discussions, the employee is late for work twice the follovving week. What should be the next step in the disciplinary process?
( ) A. Give the employee an oral warning.
( ) B. Give the employee a written warning.
( ) C. Give the employee time off without pay.
( ) D. Terminate the employee.
( ) A. Give the employee an oral warning.

The supervisor has already counseled the employee and discussed reasons
for tardiness and possible solutions. According to the progressive disciplinary process, the next step should be a verbal warning. If the offense were more serious, some of the steps in the process could be skipped, but this appears to be a less serious offense.
A supervisor conducts an investigatory interview to obtain information that could be the basis for a disciplinary action. According to the Weingarten case, employees may have which of the following attend the meeting?
( ) A. A coworker of their choice
( ) B. A coworker selected by management
( ) C. A friend or relative
( ) D. An attorney
( ) A. A coworker of their choice

The Weingarten case gave nonunion workers the same right as union workers to request the presence of a coworker at an investigatory meeting - a meeting whose purpose is to gather facts. The coworker must be an employee of the company or a member of the same union as the employee. Friends, relatives, or an attorney may not be present. These rights apply only to an investigatory interview, not to meetings that impose disciplinary action.
An employee files a grievance with the immediate supervisor claiming that a contract violation has occurred. The union steward agrees. What is the next step in the process?
( ) A. The employee testifies before a grievance committee.
( ) B. A department head and higher-level union official discuss the grievance.
( ) C. The grievance is settled by a third-party, neutral arbitrator.
( ) D. Legal counsel from the union and company meet to settle the grievance.
( ) B. A department head and higher-level union official discuss the grievance.

The grievance is written and reviewed by an intermediate manager or department head and a higher-level union official. At this stage, the grieving employee is not present and is represented by the union. The grievance must be settled within the time frame established by the contract, or it is elevated to the next level.
In voluntary arbitration, both parties must
( ) A. agree to consider the judgment of the arbitrator.
( ) B. waive their rights to appeal the award.
( ) C. agree to a time frame for settlement of the disputle.
( ) D. accept the decision of the arbitrator as binding.
( ) D. accept the decision of the arbitrator as binding.

Voluntary arbitration mans that both parties willingly submit to arbitration and agree to accept the decision of the arbitrator as final and binding. They do not waive their appeal rights, but these appeal rights are very limited. The Supreme Court has stressed that any decision based on an interpretation of the contract should be final and not questioned by the courts.
Which of the following statements about alternative dispute resolution (ADR) is true?
( ) A. It does not preclude litigation.
( ) B. It requires an external third party.
( ) C. It is used only in union environments.
( ) D. It requires a jury of peers to hear the dispute.
( ) A. It does not preclude litigation.

ADR does not prevent disputes from winding up in court or in formal arbitration, but it can result in fewer cases going to trial. It is generally used in union-free organizations. While some ADR systems do include peer review, it is not a requirement. Similarly,
some systems may bring in mutual third parties from outside the company, but that is also not an ADR requirement.
When paid union organizers infiltrate a company and begin organizing efforts, this process is known as
( ) A. leafleting.
( ) B. organizational picketing.
( ) C. salting.
( ) D. campaigning.
( ) C. salting.

Salting occurs when unions hire and pay people to apply for jobs at companies targeted for unionization. When the employees are hired, they begin organizing efforts. If the employer fails to hire a salt or takes any adverse employment action, the salt files an unfair labor practice charge against the company.
Which of the following statements about recognitional picketing is true?
( ) A. It is limited to 30 days, at which time the union must petition for an election.
( ) B. It is illegal if an election has been held within the past 24 months.
( ) C. It is legal if a certified union exists but the majority of workers are dissatisfied with the union.
( ) D. There are no restrictions on recognitional picketing as long as no laws are broken.
( ) A. It is limited to 30 days, at which time the union must petition for an election.

Recognitional picketing is used to gain recognition of the union as the employees' bargaining representative. It is limited by law to 30 days, at which the time the union must petition for an election or cease picketing.
A company has 1,000 eligible employees in a prospective bargaining unit. How many of these employees must sign an authorization card before the NLRB will order an election?
( ) A. 200
( ) B. 300
( ) C. 500
( ) D. 501
( ) B. 300

At least 30% of the eligible employees must sign authorization cards.
Union recognition is MOST commonly a result of
( ) A. an NLRB-ordered election.
( ) B. an NLRB order resulting from an employer ULP.
( ) C. voluntary recognition by the employer.
( ) D. a management count of the authorization cards.
( ) A. an NLRB-ordered election.

While all of the other options may lead to union recognition, recognition most commonly comes as a result of a secret ballot in an NLRB-conducted election.
Who determines whether a proposed bargaining unit is appropriate?
( ) A. Mediator
( ) B. NLRB
( ) C. Union leaders
( ) D. Employer
( ) B. NLRB

The NLRB determines whether a proposed unit is appropriate in a given situation and whether the employees have a sufficient common interest with each other so as not to
create substantial conflicts in bargaining or representation.
An agreement between an employer and the union to waive the pre-election hearing is called a
( ) A. consent election.
( ) B. directed election.
( ) C. voter eligibility election.
( ) D. waiver election.
( ) A. consent election.

A consent election is an agreement between an employer and the union to waive the pre-election hearing. The elections that result from formal, as opposed to consent, procedures are called directed elections.
Which of the following activities are both parties permitted to do during an election campaign?
( ) A. Campaign in the polling place during election hours.
( ) B. Present speeches during working hours but before the polls open.
( ) C. Distribute literature in the polling area while voting occurs.
( ) D. Solicit individual votes outside the polling area while voting occurs.
( ) D. Solicit individual votes outside the polling area while voting occurs.

Campaigning by either party in or around the polling place during election hours is prohibited. However, literature may be distributed and oral solicitation may occur outside the prescribed area until voting is over. Employers have a captive audience in their employees and can
present: speeches during working hours, but they cannot do so within 24 hours of the election.
Union decertification provides a mechanism for
( ) A. employers to bring unfair labor practice charges against unions.
( ) B. employees to terminate a union that negotiates an ineffective contract.
( ) C. unions to give up their right to represent a bargaining unit.
( ) D. employees to remove a union's authority to enforce union security clauses.
( ) B. employees to terminate a union that negotiates an ineffective contract.

Decertification gives union members the right to terminate a union that it believes is not representing its best interests. At least 30% of bargaining unit members must sign the petition for decertification. Deauthorization is often confused with decertification; deauthorization involves filing a petition to withdraw the union's authority to maintain security provisions such as a union shop clause.
It is within the employer's rights to do which of the following?
( ) A. Take pictures of employees going to and from union meetings.
( ) B. Question employees about union membership or activities.
( ) C. Provide preferential treatment to one of several unions trying to organize employees.
( ) D. Point out a union's strike history and the economic consequences of strikes.
( ) D. Point out a union's strike history and the economic consequences of strikes.

The employer may provide facts about past strikes and may discuss the general economic repercussions of strikes, provided the employer does not threaten a loss of jobs or wages. A is incorrect because an employer cannot engage in surveillance or intimidate employees who support a union. B is incorrect because it is unlawful for employers to question any employees about union activities. C is incorrect because the employer may not provide preferential treatment to a particular union. Since the employer is theoretically sitting on both sides of the table by supporting a union, the employer may be denying employees valid representation. A, B, and C all constitute employer unfair labor practices (ULPs).
It is within the union's right to do which of the following?
( ) A. Institute a secondary boycott against a neutral employer.
( ) B. Require employers to hire only union members.
( ) C. Dismiss grievances it does not think should be taken to arbitration.
( ) D. Require the employment of more workers than is necessary.
( ) C. Dismiss grievances it does not think should be taken to arbitration.

The union may decide that a grievance should not be taken to arbitration. If the employer and the union agree, the grievance may be dropped. A is incorrect because the Labor Management Relations Act rnade secondary boycotts (directed at a primary party by an action against a third party) illegal. B is incorrect because unions may not require union membership as a condition of employment; the closed shop was outlawed by the Taft-Hartley Act. D is incorrect because featherbedding (requiring more workers than is necessary) is not within the rights of the union.
Which of the following is a mandatory subject for collective bargaining?
( ) A. Retiree benefits
( ) B. Closed shop
( ) C. Discriminatory lliring
( ) D. Overtime
( ) D. Overtime

Negotiation of rate of pay is required by law and the NLRB. Retiree benefits may be negotiated, but such negotiation is not required by law. Closed shop and discriminatory hiring are illegal and cannot be negotiated.
A form of collective bargaining in which unions negotiate provisions similar to those that exist within the industry is referred to as
( ) A. coalition bargaining.
( ) B. multiple employer bargaining.
( ) C. parallel bargaining.
( ) D. coordinated bargaining.
( ) C. parallel bargaining.

Parallel bargaining takes place when unions negotiate provisions covering wages and other benefits similar to those that already exist within the industry. This is common in the auto industry. A and B both refer to negotiations in which more than one employer negotiates with the union. This occurs in the railway industry. D describes negotiations in which an employer bargains simultaneously with several unions but union decisions are separate from one another.
Which of the following statements is true when a unionized company's operation is purchased by a new employer?
( ) A. The new employer can refuse to bargain with the present union.
( ) B. The bargaining limit remains the same unless the union loses its majority status.
( ) C. The new employer must bargain with the union unless new supervisors are hired.
( ) D. The union members must sign authorization cards and go through the election process again.
( ) B. The bargaining limit remains the same unless the union loses its majority status.

When a new employer takes over all existing unionized company, the bargaining unit remains the same. The new employer cannot unilaterally change conditions and must
bargain in good faith if it leaves operations intact with the predecessor's employees. The union also has this obligation.
Which of the following requires workers who do not join a union to pay the equivalent of union dues?
( ) A. Closed shop
( ) B. Dues checkoff
( ) C. Agency shop
( ) D. No-lockout
( ) C. Agency shop

An agency shop clause states that even if workers do not join a union, they must still pay the equivalent of dues to the union. An agency shop clause may be prohibited by state law in right-to-work states. A closed shop clause states that union membership is a condition of hiring; such a clause is illegal. Dues checkoff refers only to the mechanism by which dues can be collected. Under dues checkoff, the employee gives written authorization for the employer to deduct dues and initiation fees and remit them directly to the union. No-lockout is an agreement in which the company agrees not to lockout workers during a labor dispute for the life of the contract.
Which of the following is usually considered a lawful practice?
( ) A. Featherbedding
( ) B. Slowdowns
( ) C. Wildcat strikes
( ) D. Sympathy strike
( ) D. Sympathy strike

Sympathy strikes are not prohibited by the Labor-Management Relations
Act. A worker may refuse to cross a picket line at another employer's place of business when there is a strike approved by a majority union. In some cases, a union contract may have clauses that prohibit such a strike, but federal law does not prohibit such action. Featherbedding (requiring more workers than is necessary), slowdowns (partial or intermittent strikes), and wildcat strikes (strikes in violation of a valid no-strike provision) are not lawful activities.
A neutral employer who performs work that strikers would normally perform is an example of the
( ) A. ally doctrine.
( ) B. alter ego doctrine.
( ) C. single employer doctrine.
( ) D. joint employer doctrine.
( ) A. ally doctrine.

If a neutral employer performs work that striking workers would normally perform the impact of the strike is moderated. The struck employer effectively uses the employees of its ally as a strike breaker. In this case, a union may extend its picketing to the neutral employer.
Common situs picketing occurs when
( ) A. commonly owned companies performing similar work have separate operations, one union and one nonunion.
( ) B. a neutral employer is engaged in operations that are a phase of the struck employer's work.
( ) C. a secondary employer who occupies common premises with the primary employer is affected by picketing.
( ) D. unions distribute handbills urging customers to refuse to purchase products from the struck employer.
C. a secondary employer who occupies common premises with the primary employer is affected by picketing.

It describes common situs picketing, which is lawful if the picket signs clearly state the employer with whom the employees have a dispute. A is commonly referred to as
double-breasting, B refers to the ally doctrine, and D describes consumer picketing.
Strikes that occur without the approval of union leadership are called
( ) A. jurisdictional strikes.
( ) B. wildcat strikes.
( ) C. sympathy strikes.
( ) D. economic strikes.
( ) B. wildcat strikes.

Wildcat strikes are work stoppages that are neither sanctioned nor stimulated
by the union, although union officials may be aware of them. These strikes may also take the form of excessive absences, especially when there are no-strike clauses in contracts. Jurisdictional strikes are the result of disagreements between unions; they occur when one union's members walk out to force an employer to assign work to them instead of to another union. Sympathy strikes occur when one
union expresses its support for another union's strike, even though it has no dispute with the employer. Economic strikes are strikes that occur when collective bargaining fails to reach an agreement.
Which of the following statements describes public-sector labor relations?
( ) A. Compulsory arbitration is common.
( ) B. Bargaining covers a wide range of mandatory issues.
( ) C. The Taft-Hartley Act gives public-sector employees limited strike rights.
( ) D. Negotiators have full authority to agree to settlements.
( ) A. Compulsory arbitration is common.

Compulsory arbitration, in which the law requires that both parties submit to arbitration, is common in the public sector. In general, the scope of mandatory issues is much narrower in the public sector; consequently, negotiators often are restricted in the ability to make concessions. Most often, strikes are prohibited in the public sector.