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Chapter 12: The Rise of Organized Labor and Its Regulatory Framework
True / False
1. The earliest American labor cases may be traced back to 1806.
a. True
b. False
2. The concept of the Noble Order of the Knights of Labor was first developed in Philadelphia in 1869.
a. True
b. False
3. The labor activities of the socialist movement came to be represented by the Industrial Workers of the World during the
early decades of the twentieth century.
a. True
b. False
4. The Congress of Industrial Organizations (CIO) was a federation of unions that sought to organize only the skilled
production workers largely ignored by the AFL.
a. True
b. False
5. The Clinton administration never provided unions with a sympathetic ear at the White House.
a. True
b. False
6. The passage of the Clayton Act in 1914 did not appear to provide any sort of relief sought by labor.
a. True
b. False
7. The Railway Labor Act, passed in 1926, prohibits railroad employees from designating bargaining representatives of
their own choosing.
a. True
b. False
8. The National Industrial Recovery Act, the centerpiece of Franklin Roosevelt’s New Deal, provided protection for
employees organizing unions and encouraged collective bargaining.
a. True
b. False
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Chapter 12: The Rise of Organized Labor and Its Regulatory Framework
9. The NLRB adopted an administrative organization that made it prosecutor, judge, and jury with regard to complaints
under the act because the Wagner Act gave little guidance concerning the administrative structure of the agency.
a. True
b. False
10. An independent contractor is someone who, in the interests of the employer, has the authority to direct, hire, fire,
discipline, transfer, assign, reward, responsibly direct, suspend, or adjust the grievances of other employees and who uses
independent judgment in the exercise of such authority.
a. True
b. False
11. The Office of the General Counsel is the prosecutorial branch of the NLRB and is also in charge of the day-to-day
administration of the NLRB regional offices.
a. True
b. False
12. The NLRB jurisdictional standards are set in terms of the manpower employed in a firm.
a. True
b. False
13. The NLRB does not look to the degree of control and direction exercised by the firm over the worker to determine
whether the worker is an employee or an independent contractor.
a. True
b. False
14. The newly organized NLRB was bifurcated into two independent authorities within the single agency: the five-
member Board and the general counsel.
a. True
b. False
15. Employees excluded from the NLRA coverage are prevented from organizing and attempting to bargain collectively
with their employer.
a. True
b. False
Multiple Choice
16. Yellow-dog contracts require employees to sign a contract with the employer, where the employees agree not to:
a. revolt against the employer.
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Chapter 12: The Rise of Organized Labor and Its Regulatory Framework
b. join any union.
c. challenge management decisions legally.
d. divulge confidential information.
17. The socialist movement initially sought to:
a. press for affirmative action.
b. engage in political activities.
c. form community collectives.
d. organize unions.
18. The American Federation of Labor (AFL) adopted a pattern of union organization based on the British trade union
system which provided the members with:
a. workers’ compensation.
b. children educational benefit plan.
c. sick and death benefits.
d. housing loans.
19. The _____ emphasized political activity as well as organizing activity and had spectacular success in organizing the
workers of the steel, automobile, rubber, electrical, manufacturing, and machinery industries.
a. Congress of Industrial Organizations (CIO)
b. American Federation of Labor (AFL)
c. Change to Win Coalition
d. International Brotherhood of Teamsters
20. In the late 1880s, the development of all of the following provided powerful weapons for use against the activities of
organized labor except:
a. ex parte proceedings.
b. yellow-dog contracts.
c. labor injunction.
d. antitrust laws.
21. In the Danbury Hatters’ case, the Supreme Court held that the union boycott was a combination in restraint of trade
within the meaning of the:
a. Clayton Act.
b. National Labor Relations Act.
c. Sarbanes Oxley Act.
d. Sherman Act.
22. Section 20 of the Clayton Act restricted the:
a. issuance of labor injunctions.
b. issuance of ex parte orders.
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Chapter 12: The Rise of Organized Labor and Its Regulatory Framework
c. yellow-dog contracts.
d. filing of interlocutory applications.
23. Antitrust laws provided legal weapon for employers in the form of the Sherman Antitrust Act of 1890. Which of the
following acts appeared to provide the relief sought by the laborers?
a. The Railway Labor Act
b. The Norris–La Guardia Act
c. National Labor Relations Act
d. Clayton Act
24. In Duplex Printing Press Company v. Deering, Duplex responded to the national boycott called by the Machinists’
Union by filing suit for an injunction under the:
a. Sherman Act.
b. National Labor Relations Act.
c. Clayton Act
d. Norris–La Guardia Act.
25. The _____ was a legislative reversal of the prevailing view of the judiciary that economic injury inflicted by unions
pursuing their economic self-interest was unlawful both at common law and under antitrust laws.
a. Taft-Hartley Act
b. National Industrial Recovery Act
c. The Railway Labor Act
d. Norris–La Guardia Act
26. Section 3 of the Norris–La Guardia Act declares that _____ are contrary to public policy of the United States.
a. ex parte proceedings
b. union boycotts
c. yellow-dog contracts
d. collective bargaining efforts
27. Which case illustrates the broad scope of the definition of labor dispute under the Norris–La Guardia Act?
a. National Labor Relations Board v. Kentucky River Community Care, Inc.
b. Pulte Homes, Inc. v. Laborers’ International Union of North America
c. Duplex Printing Press Company v. Deering
d. Loewe v. Lawlor
28. The Railway Labor Act established a three-step procedure for settling disputes. Which of the following is not one of
them?
a. Use a federal mediation board to attempt to facilitate negotiation of the parties’ differences.
b. Induce the parties to arbitrate the dispute.
c. Refer the dispute to the Office of the General Counsel.
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d. Recommend to the president that an emergency board of investigation be created.
29. The Railway Labor Act was amended by the:
a. National Industrial Recovery Act.
b. Congress.
c. National Labor Relations Board.
d. Taft-Hartley Act.
30. The _____ introduced some of the ideas and approaches later incorporated in the National Labor Relations Act
(NLRA).
a. Taft-Hartley Act
b. National Industrial Recovery Act
c. Clayton Act
d. Railway Labor Act
31. The _____ involved government working closely and actively with business to revive the economy.
a. National Labor Relations Act
b. National Industrial Recovery Act
c. Norris-La Guardia Act
d. Landrum-Griffin Act
32. The National Recovery Administration is responsible for administering the codes of fair competition under the:
a. National Industrial Recovery Act.
b. Norris–La Guardia Act.
c. Sherman Act.
d. Taft-Hartley Act.
33. The National Labor Board established the principles of _____ and _____ in a particular bargaining unit.
a. injunctions; ex parte agreement
b. majority rule; exclusive representation
c. rules of evidence; appellate rules
d. miranda warning; negotiation
34. In June 1934, President Roosevelt formulated _____, which authorized the President to establish a board or boards
empowered to investigate disputes arising under Section 7(a) of the NIRA and to conduct secret ballot representation
elections among employees.
a. the National Labor Board
b. the New Deal
c. Public Resolution No. 44
d. the Bipartite Agreement
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Chapter 12: The Rise of Organized Labor and Its Regulatory Framework
35. The National Labor Relations Act is also known as the:
a. Taft-Hartley Act.
b. Wagner Act.
c. Landrum-Griffin Act.
d. The Norris–La Guardia Act.
36. The purpose and effect of the Taft-Hartley Act were to balance the rights and duties of:
a. different unions coming together.
b. employee and employers.
c. both unions and employers.
d. non-unionized employees.
37. After Taft-Hartley, the National Labor Relations Act was amended several times, the most significant version being
the:
a. Clayton Act.
b. Landrum-Griffin Act.
c. Sherman Act.
d. Wagner Act.
38. For labor issues, the National Labor Relations Board itself is the:
a. judicial branch.
b. administrative branch.
c. legislative branch.
d. arbitral tribunal.
39. Because _____ gave little guidance concerning the administrative structure of the newly created agency, the NLRB
adopted an administrative organization that made it prosecutor, judge, and jury with regard to complaints under the act.
a. Bill Clinton
b. the Wagner Act
c. the old NLRB
d. Barack Obama
40. The NLRA exclude all of the following from its definition of employer except:
a. public sector employers.
b. railroads.
c. cooperatives.
d. airlines subject to the Railway Labor Act.
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Chapter 12: The Rise of Organized Labor and Its Regulatory Framework
41. When the Supreme Court declared the NIRA to be unconstitutional in its 1935 Schechter Poultry Corp. v. U.S.
decision, it also destroyed:
a. the Railway Act.
b. the old NLRB.
c. the National Labor Relations Act.
d. the NLRB.
42. Section 10(b) of the National Labor Relations Act requires that unfair practice charges must be filed:
a. within six months of the occurrence of the alleged unfair practice.
b. after a year of the occurrence of the alleged unfair practice.
c. according to the convenience of the aggrieved person.
d. after a notice has been issued by the board stating the date the charge can be filed.
43. One of the grounds on which the National Labor Relations Board will review an election is if:
a. the majority of employees demand review.
b. the procedure involved some error that prejudiced a party.
c. there is a tie among the parties.
d. the parties demand review.
44. Section 2(3) of the NLRA, in its definition of “employee” expressly excludes:
a. factory workers.
b. supervisors.
c. federal employees.
d. labor unions.
45. Judicially exempted employees under the NLRA include:
a. expatriates.
b. government employees.
c. migrant employees.
d. confidential employees.
46. In National Labor Relations Board v. Kentucky River Community Care, Inc., the lower court’s judgment was:
a. remanded.
b. dismissed.
c. reversed.
d. upheld.
47. The AAUP’s administration decides to freeze faculty salaries and reduce its contribution to the faculty’s _____ and
pension plans.
a. vehicle insurance
b. life insurance
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Chapter 12: The Rise of Organized Labor and Its Regulatory Framework
c. medical insurance
d. workers’ compensation
48. In NLRB v. Meenan Oil Co., L.P., the National Labor Relations Board filed petitions for enforcement of its order
finding against the defendant regarding violation of:
a. Section 9(a)(2) of the National Labor Relations Act.
b. Sections 8(a)(1) and (5) of the National Labor Relations Act.
c. Sections 7(a)(1) and (5) of the National Labor Relations Act.
d. Section 21 of the National Labor Relations Act.
49. The definition of “employee” under the NLRA includes persons working for a company and, at the same time, being
paid by a union to help the union organize the company was the central issue in:
a. NLRB v. Meenan Oil Co., L.P.
b. NLRB v. Kentucky River Community Care, Inc.
c. NLRB v. Town & Country Electric, Inc.
d. Duplex Printing Press Company v. Deering.
Subjective Short Answer
50. What is the Noble Order of the Knights of Labor?
51. Discuss the Congress of Industrial Organizations.
52. What is a labor injunction?
53. Briefly explain Norris–La Guardia Act.
54. Who proposed the National Labor Relations Act (NLRA) in the Senate and in which year?
55. What are the types of legal issues the NLRB handles?
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Chapter 12: The Rise of Organized Labor and Its Regulatory Framework
56. What is the extent of jurisdiction of the NLRB?
57. Define the term “supervisor” in accordance with Section 2(11) of the NLRA.
58. Define managerial employees.
59. What does Section 103 the Labor-Management Reporting and Disclosure Act deal with?
Essay
60. Discuss the socialist movement and its political influence.
61. What role did the American Federation of Labor (AFL) play in the labor movement in the U.S.?
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Chapter 12: The Rise of Organized Labor and Its Regulatory Framework
62. Explain antitrust laws.
63. Briefly describe the National Labor Board.
64. The National Labor Relations Act prohibited certain practices of employers that would interfere with or prevent the
exercise of basic rights. Discuss.