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321. Unions and employers who negotiate contracts have a duty to bargain in good faith. This means both sides must do
all of the following except:
a. come to a final agreement
b. must be willing to make proposals
c. must explain reasons behind certain proposals
d. must consider proposals of the other party
e. all of the other choices are elements of good faith bargaining
322. With regard to bargaining between unions and employers means an obligation to meet and be willing to
present proposals and explain reasons, to listen to and consider the proposals of the other party, and to search for
some common ground that can serve as the basis for an agreement⎯but with no legal requirement that agreement
be reached.
a. good faith
b. bad faith
c. collective faith
d. sincere faith
e. legitimate faith
323. Which of the following is not subject to mandatory bargaining?
a. drug testing
b. breaks and lunch periods
c. safety practices
d. layoff procedures
e. all may be subject to mandatory bargaining
324. Which of the following is not subject to mandatory bargaining?
a. drug testing
b. retirement plans
c. dividends for stockholders
d. no-strike clauses
e. holidays
325. Which of the following is not subject to mandatory bargaining?
a. drug testing
b. retirement plans
c. holidays
d. no-strike clauses
e. all are subject to mandatory bargaining
326. Pay rate, insurance plans, holidays and overtime pay are all:
a. subject to mandatory bargaining
b. not subject to mandatory bargaining
c. subjects that may not be used in any type of bargaining between unions and employers
d. regulated by the Supreme Court
e. regulated by the NLRB
327. A grievance arbitration clause means:
a. disputes arising under a collective bargaining agreement must be resolved by an internal grievance procedure
b. disputes arising under a collective bargaining agreement must go first to federal court for relief
c. a grievance is an internal matter and is never to be arbitrated by an outside labor arbitrator
d. disputes arising under a collective bargaining agreement must be settled by the National Labor Relations
Board
e. none of the other choices
328. A grievance arbitration clause means:
a. disputes arising under a collective bargaining agreement must be resolved by an administrative law judge
from the NLRB
b. disputes arising under a collective bargaining agreement must go first to federal court for relief
c. a grievance is an internal matter and is never to be arbitrated by an outside labor arbitrator
d. disputes arising under a collective bargaining agreement must be settled by the NLRB
e. none of the other choices
329. If a dispute between an employer and the union representing workers cannot be resolved by the standard internal
grievance procedure, then most collective bargaining agreements call for the dispute to go to:
a. federal district court
b. the National Labor Relations Board
c. an outside labor arbitrator
d. the Labor-Management Resolution Board
e. none of the other choices
330. The right to grieve an issues belongs to:
a. the employer
b. the company CEO
c. the employee manager
d. the employee
e. the union
331. If the union refuses to take an employee's concern to arbitration, the employee must sue the union for violation of
the:
a. duty of real representation
b. duty of union representation
c. duty of fair representation
d. duty of legitimate representation
e. duty of equal representation
332. In Teamsters Local Union No. 523 v. National Labor Relations Board, where a sales representative
complained of unfair labor practices after he was demoted by the union when his employer consolidated its
distribution so that the union would represent all distribution workers, rather than only some, the U.S. Court of
Appeals held that:
a. the employee was behind in his agency fee payments, so he had no claim to keeping his position
b. the employee should have to join the union or pay agency fees if he wanted to keep his seniority position
c. the union and employer were discriminating against the employee in a way that encouraged union
participation
d. the union and employer were not discriminating against the employee in a way that encouraged union
participation
e. the union and employer were discriminating against the employee, but not in a way that encouraged union
participation
333. In Teamsters Local Union No. 523 v. National Labor Relations Board, where a sales representative
complained of unfair labor practices after he was demoted by the union when his employer consolidated its
distribution so that the union would represent all distribution workers, rather than only some, the U.S. Court of
Appeals held that:
a. the employee was behind in his agency fee payments, so he had no claim to keeping his position
b. the employee should have to join the union or pay agency fees if he wanted to keep his seniority position
c. the union and employer were discriminating against the employee, but not in a way that encouraged union
participation
d. the union and employer were not discriminating against the employee in a way that encouraged union
participation
e. none of the other choices are correct
334. To promote productive collective bargaining, Congress provided for certain activities to be protected under the
National Labor Relations Act. Protected activities are:
a. covered activities
b. compromise activities
c. cautionary activities
d. concerted activities
e. creative activities
335. To promote productive collective bargaining, Congress provided for certain activities to be protected under the
National Labor Relations Act. Protected activities are:
a. covered activities
b. compromise activities
c. cautionary activities
d. creative activities
e. none of the other choices
336. Protected concerted activities under the NLRA, that covers all workers, unionized or not, include:
a. refusal to work because of unreasonable hazards
b. refusal to work in freezing conditions without protection
c. refusal to work due to conditions that endanger health
d. refusal to work in freezing conditions without protection and refusal to work due to conditions that endanger
health
e. refusal to work in freezing conditions without protection and refusal to work due to conditions that endanger
health and refusal to work because of unreasonable hazards
337. Non-union workers left work without permission because there was no heat at work and it below freezing in the
plant. The company fired them. With respect to this joint action by the workers, you would expect the courts to hold
that the workers were:
a. wrong; as non-union workers, the NLRA does not apply to them; they were at-will workers who could be
fired
b. wrong; they must proceed with grievance procedures if they want to have the protection offered by the
NLRA
c. right; in case of intolerable working conditions workers have the right to protect themselves without being
fired
d. right; the NLRA holds management responsible for "fair working conditions"
e. none of the other choices
338. Workers will not be protected under the NLRA if:
a. they engage in threats or acts of violence
b. they engage in concerted activities to organize a union
c. they refuse to work on a certain job because of hazards
d. they discuss unionization among employees while at work
e. none of the other choices apply
339. Workers will not be protected under the NLRA if:
a. they hold union organizing meetings in the evening
b. they engage in concerted activities to organize a union
c. they refuse to work on a certain job because of hazards
d. they discuss unionization among employees while at work
e. none of the other choices apply
340. Workers who engage in threats or acts of violence:
a. are protected by the NLRA
b. are not protected by the NLRA
c. are protected by the Supreme Court
d. are protected by the NLRA in states with right-to-work laws
e. none of the other choices are correct
341. Unless the reason for such activity involves protected concerted activity, employers may fire employees for:
a. insubordination
b. disobedience
c. disloyalty
d. all of the other specific choices are correct
e. none of the other specific choices are correct
342. A strike by workers against their employer whose collective bargaining agreement is in question is called:
a. unprotected activity
b. primary boycott
c. secondary boycott
d. lockout
e. grievance action
343. A strike by workers against their employer whose collective bargaining agreement is in question is called:
a. unprotected activity
b. grievance action
c. secondary boycott
d. lockout
e. none of the other choices
344. A primary boycott is:
a. a strike that involves a firm besides the firm whose workers are on strike
b. a strike against an employer whose collective bargaining agreement is in question
c. an unfair labor practice under the NLRA
d. a strike against the supplier of a firm that is involved in a labor dispute
e. none of the other choices
345. A primary boycott is:
a. a strike that involves a firm besides the firm whose workers are on strike
b. a strike against the supplier of a firm that is involved in a labor dispute
c. an unfair labor practice under the NLRA
d. all of the other specific choices
e. none of the other choices
346. A secondary boycott, in general, is:
a. a strike or other action by a union against the employer of the employees whose collective bargaining
agreement is in question
b. a strike or other action by an employer in retaliation for the primary boycott
c. an attempt to force others to stop doing business with an employer not directly involved in the labor dispute
d. a strike or action against indirect buyers
e. none of the other choices
347. A strike against an employer other than the one involved in the primary labor dispute:
a. is an illegal secondary boycott
b. is a legal secondary boycott
c. is an illegal primary boycott
d. is a legal tertiary boycott
e. is an illegal tertiary boycott
348. The workers at a meat packing plant are on strike. They picket the banks in town to put pressure on the meat
packing plant to come to a settlement. The pickets at the banks are:
a. legal primary boycotts
b. legal under First Amendment rights to free speech
c. illegal secondary boycotts
d. illegal for committing a tort of injuring bank business
e. none of the other choices
349. The workers at a meat packing plant are on strike. They picket the banks in town to put pressure on the meat
packing plant to come to a settlement. The pickets at the banks are:
a. legal primary boycotts
b. legal under First Amendment rights to free speech
c. legal secondary boycotts
d. illegal for committing a tort of injuring bank business
e. none of the other choices
350. A lockout occurs when:
a. a picket is placed around a firm that agrees to take a partially finished product and finish it with the firm
against whom the union is having a labor dispute
b. an agreement is reached where the union gets firms that buy products from the employer that is being struck
to agree not to buy goods from that employer until that dispute is settled
c. the union forces another union to stop handling the products of the primary employer until a dispute is settled
d. the employer refuses to permit employees to work until a labor dispute is settled
e. none of the other choices
351. A lockout occurs when:
a. a picket is placed around a firm that agrees to take a partially finished product and finish it with the firm
against whom the union is having a labor dispute
b. an agreement is reached where the union gets firms that buy products from the employer that is being struck
to agree not to buy goods from that employer until that dispute is settled
c. the union forces another union to stop handling the products of the primary employer until a dispute is settled
d. the employer refuses to let known union sympathizers come to work
e. none of the other choices
352. Lockouts are legal as long as:
a. there is no evidence of bad intent
b. there is evidence of non-violent attempts to break a union
c. there is physical force involved
d. there is not any physical force involved
e. none of the other choices are correct
353. An airline hired new flight attendants when current attendants went on strike when the collective bargaining
agreement ended. When the strike was over, the airline only called back a few of the attendants who had been on
strike. The union claimed the striking attendants had to be rehired with seniority and the new flight attendants fired.
About the replacement workers, you would expect the court held the union was:
a. wrong; the airline had acted within its rights
b. right only with respect to union members who worked during the strike⎯they had to be replaced with union
members who had been on strike
c. right only with respect to non-union workers hired during the strike⎯they had to be replaced with union
members according to seniority
d. right that both non-union workers hired and union members who had crossed the picket line had to be fired in
favor of senior attendants who had been on strike
e. none of the other choices
354. A collective bargaining agreement ends and the union and management continue to bargain for a new contract
while the workers go on strike. Management hires new workers to replace the union workers on strike. By law,
when the strike ends:
a. all union workers must be returned to their previous positions
b. all replacement workers must be dismissed unless the union agrees to accept them
c. the replacement workers must become union members and be paid union wages
d. the new collective bargaining agreement must provide higher wages than the previous contract and the new
wage level will apply to all workers
e. none of the other choices are true
Fact Pattern 16-1
Spotted Frog Winery California, produces 75,000 cases of wine a year. It employs 52 full-time workers and, during
harvest, another 25 people as pickers. During the 2011 harvest, some employees were unhappy about working
conditions and discussed unionizing. They contacted the Winery Workers of America (WWA) for help. Spotted
Frog management was upset. If it had to pay workers more (as the union promised), the winery would lose its slim
profits. Believing he was acting correctly, the president distributed a memo stating that any employee caught
discussing unionization would be fired.
Pierre, the wine master at Spotted Frog, was furious about the memo and became an advocate for the union cause.
Management would not fire Pierre because he gave their wine its unique taste. But they did fire ten employees who
spoke with Pierre.
WWA collected authorization cards from employees, requested a representation election, and won a close election.
The union, with Pierre as its agent, began negotiating a collective bargaining agreement. Negotiations went badly as
the management rejected every proposal. WWA called a strike against Spotted Frog. After two weeks,
management caved in and signed a contract, so its employees returned to work. As Pierre entered the winery, he
did not see some grape skins on the floor. He slipped and was injured.
355. Refer to Fact Pattern 16-1. Pierre filed a complaint with the NLRB, alleging unfair labor practices at Spotted Frog.
Which of the following actions are likely to occur after the filing of the complaint?
a. a field employee of the NLRB would investigate the claim
b. Spotted Frog management would file a claim with the Fair Labor Board
c. the regional director would file a complaint if the allegation had merit
d. a field employee of the NLRB would investigate the claim and the regional director would file a complaint if
the allegation had merit
e. a field employee of the NLRB would investigate the claim and the regional director would file a complaint if
the allegation had merit and Spotted Frog management would file a claim with the Fair Labor Board
356. Refer to Fact Pattern 16-1. If Spotted Frog management went to court for an injunction to stop the WWA strike,
management would be:
a. granted an injunction based on the Taft-Hartley Act
b. denied an injunction based on the Norris-La Guardia Act
c. granted an injunction based on the Norris-La Guardia Act
d. denied an injunction based on the Fair Labor Standards Act
e. granted an injunction because Pierre was irrational
357. Refer to Fact Pattern 16-1. In its drive to unionize, at least what percent of workers at Spotted Frog must sign
authorization cards before a representation election can be requested?
a. 10%
b. 30%
c. 50%
d. 75%
e. 100%
358. Refer to Fact Pattern 16-1. At least what fraction of the Spotted Frog employees must vote in favor of WWA
being their collective bargaining representative for the union to be certified by the NLRB?
a. 30%
b. 50%
c. 60%
d. 66%
e. 75%
359. Refer to Fact Pattern 16-1. Spotted Frog workers voted for the union. After WWA is selected as the collective
bargaining agent, what type of shop will there be?
a. a closed shop
b. a union shop
c. a head shop
d. an agency shop
e. a collective shop
360. Refer to Fact Pattern 16-1. Assume WWA was certified as the collective bargaining agent. 46% of the workers do
not join the union. According to Supreme Court decisions, what part of union expenses will these nonunion
employees be responsible for paying?
a. costs related to collective bargaining activities
b. costs related to lobbying the federal government
c. costs related to public relations efforts
d. costs related to paying for union conventions
e. all costs (the same as union dues)
361. Refer to Fact Pattern 16-1. Under the NLRA, the memo written by Spotted Frog's president, threatening to fire
workers who discussed unionization is:
a. legal so long as the threat is not carried out
b. legal so long as the union had threatened the management
c. illegal as an unfair labor practice
d. illegal on constitutional grounds
e. legal so long as the threat is not carried out and legal so long as the union had threatened the management
362. Refer to Fact Pattern 16-1. The strike called by WWA is an example of a(n):
a. reverse activity
b. unprotected activity
c. secondary boycott
d. discriminatory activity
e. concerted activity
363. Refer to Fact Pattern 16-1. After Pierre slips on the grape skins, which of the following is most likely to provide
him with benefits for his injuries? He may file a:
a. claim with the NLRB for benefits
b. claim with the NRA for benefits
c. workers' compensation claim for benefits
d. ERISA claim for benefits
e. tort suit to compensate him
364. Refer to Fact Pattern 16-1. In order for Pierre to work legally in the U.S., what would he have had to provide the
management of the Spotted Frog?
a. a foreign passport with employment authorization
b. an alien registration card
c. income tax forms from at least the previous three years
d. a foreign passport with employment authorization and an alien registration card
e. a foreign passport with employment authorization and an alien registration card and income tax forms from at
least the previous three years
