Chapter 14
UNIONS & COLLECTIVE BARGAINING
Test Bank Questions, 5e
MULTIPLE CHOICE QUESTIONS
1. Which of the following is the agency responsible for administering and enforcing the
National Labor Relations Act?
a. Federal Mediation and Conciliation Service (FMCS)
b. Federal Labor Relations Authority (FLRA)
c. National Labor Relations Board (NLRB)
d. National Mediation Board (NMB)
e. National Collective Bargaining Commission (NCBC)
2. Which of the following is not a fundamental right conferred on employees by the
National Labor Relations Act (“Sec. 7 rights”)?
a. the right to self-organization
b. the right to fair pay and benefits
c. the right to strike
d. the right to assist labor unions
3. Protected concerted activities:
a. are engaged in with or on the authority of other employees
b. must be related to wages, hours, terms or conditions of employment
c. must not be extreme or abusive
d. apply to unionized workers but not to non-unionized workers
e. all of the above
4. Which of the following is an unfair labor practice (ULP) under the National Labor
Relations Act?
a. discriminating against an employee based on her race
b. violating the terms of a labor agreement
c. retaliating against an employee who has filed charges with the NLRB
d. after an agreement has expired and while the new one is being negotiated, locking
out employees willing to continue working
5. Which of the following employee rights is NOT protected by the NLRA?
a. to engage in self-organization
b. to go on strike
c. to engage in other concerted activities
d. to refrain from such activities
e. all of the above employee rights are protected by the NLRA
6. In Mastec Advanced Technologies, 26 service technicians were fired after appearing on a
television news show to complain about their employer’s instructions about how to
persuade customers to install phone connections for their satellite television service, and
the charge-backs to employees’ pay if they did not procure such connections. Phone
connections were not necessary for the service to work, but the company earned more
money if phone connections were installed. Regarding the terminations, the court ruled:
a. for the employer, since it is not a protected concerted activity for an employee to
make disparaging remarks to 3rd parties, since it shows disloyalty
b. for the employer, because its business policies were within its discretion
c. for the employees, because they did not speak disparagingly about their employer
d. for the employees, because they spoke truthfully about an ongoing labor dispute
e. c and d
7. Which of the following would NOT be considered a concerted activity?
a. members of a union that meet to discuss problems with working conditions at
their workplace
b. employees who are not members of a union that meet to discuss problems with
working conditions at their workplace
c. a single employee that writes to a supervisor complaining about the refusal to
grant her vacation time for the exact period of time she requested
d. a single employee that writes to a supervisor complaining about the frequently
malfunctioning air conditioning and extreme indoor heat at an assembly plant
e. c and d
8. An employer announced that it was going to close a union facility, and entered into
negotiations with the union. Six drivers learned of an upcoming meeting, met over coffee
to formulate their questions, and went to the site of the meeting. A union official told
them to return to work, but the drivers insisted, and eventually were able to introduce
themselves to the management representatives. They returned to work after having been
gone for 3 hours, but were fired for being absent without authorization. The NLRB ruled
in favor of the drivers, and the employer appealed. On appeal, the court ruled:
a. for the employer, since the employees essentially walked off the job during
working hours without authorization, which is not a protected concerted activity
b. for the employer, since its representatives had met with the employees, so they
had complied with their obligations
c. for the drivers, since they had a right under the NLRA to engage in protected
concerted activity
d. for the drivers, because although they were able to introduce themselves to the
management representatives, no actual discussion or negotiation took place
9. Non-employee organizers:
a. have no rights under the NLRA and can be barred from entering workplaces
b. must be allowed to speak with employees during non-work times and in non-work
areas
c. must be allowed into workplaces if the majority of employees desire their
presence
d. can be barred from workplaces if a valid non-solicitation policy is in place and
other reasonable means of communication exist
e. none of the above
10. Which of the following is a criterion used by the NLRB to determine that an appropriate
bargaining unit exists?
a. the percentage of employees who have signed authorization cards
b. whether employees are paid at the same rate and/or under a reasonable and logical
pay scale
c. whether professional employees would be mixed with non-professional
employees against their will
d. all of the above
e. none of the above
11. Which of the following is true regarding NLRB representation election procedures?
a. the NLRB will not order an election unless at least 50 percent of employees have
signed authorization cards
b. no more than two elections will be held in the same year for the same group of
employees
c. if an employer commits an unfair labor practice within the week before an
election is held, the NLRB will certify the union, regardless of whether it receives
a majority of votes
d. if an election is ordered, the employer is required to provide the NLRB, within
seven days, a list of names and addresses of all employees in the bargaining unit
e. none of the above
12. Which of the following is true regarding grievances?
a. they can be filed by individual employees and may be pursued by the individual
b. they can only be filed by the union on behalf of the individual
c. if the grievance cannot be resolved, either the union or the individual can decide
to take the case to arbitration
d. if the grievance cannot be resolved, either the union or the individual can decide
to take the case to mediation
13. Union security provisions:
a. are unlawful under the NLRA because they require employers to discriminate
against employees who do not support their unions
b. are unlawful in states that have “right to work” laws
c. require that employers recognize and negotiate with the unions chosen by their
employees
d. require that employees financially support all union activities, regardless of any
objections the employees might have to doing so
e. none of the above
14. The duty to bargain in good faith:
a. requires both employers and unions to eventually reach agreement in their
negotiations
b. requires that any issue raised by either the employer or union must be negotiated
c. requires that employers supply unions with information relevant and necessary to
bargaining effectively
d. all of the above
e. none of the above
15. Under the NLRA, employees who go on strike:
a. can be terminated, but only after they are given an adequate opportunity to return
to work
b. can be terminated, but only if the strike is an economic strike
c. can be permanently replaced, but only if the strike is an unfair labor practice
strike
d. can picket their employer and any other firms that do business with the employer
e. none of the above
16. Protection of concerted activity may be lost if which of the following occurs?
a. insubordination which is grounds for discharge
b. the number of employees is reduced so that the NLRA no longer applies
c. a serious disagreement between labor and management
d. none of these
e. all of these
17. Which of the following is an unfair labor practice?
a. picketing for more than 15 days
b. secondary boycotts
c. a serious disagreement between labor and management
d. none of these
e. all of these
18. You have just been hired as the new Assistant Human Resources Manager at your firm,
having worked your way up from the factory floor to the administrative suite. During
your briefing for the new job, you are told that the firm has learned that its employees are
attempting to unionize, a move which the firm has vowed to fight. As part of that effort,
your boss, the HR Manager, has asked you to privately talk to some of your former co-
workers on the factory floor to see what their thinking is, to learn about how many are in
favor of unionizing, who, specifically, is supporting it, and what might make them
change their minds. Among the things they want to know is what would work better –
threats of reprisals against those supporting a union, or promises of benefits to those who
oppose it. You are eager to do well at your new job, but you see some problems with
these requests. Of the following choices, what should you do?
a. do as they ask; none of it is illegal
b. tell them you can’t do what they ask because it is illegal
c. tell them you would be glad to talk informally with your former co-workers to
find out their attitudes about unionization and why this has come up, but that
speaking about reprisals and benefits would be an unfair labor practice
19. Which of the following factors is relevant to a determination of an “appropriate
bargaining unit?”
a. similarity of skill
b. interrelationship of tasks
c. common supervision
d. common salaries
e. all of these are relevant
f. a through c only
20. Regarding representation election procedures, which of the following statements is/are
true?
a. at least 50% of the employees in a bargaining unit must sign authorization cards
b. an employer may recognize a union only if at least 50% of the employees in a
bargaining unit have signed authorization cards
c. if an election is ordered, the employer must provide to the union names and
addresses of employees within 7 days
d. the time between when an election is ordered and when it takes place is the time
of least scrutiny of the activities of the employer and the union
ESSAY QUESTIONS
1. Why is each of the following good legal advice?
a. Employers must not create or control “company unions.”
b. Employers should not respond to union organizing efforts by raising wages or making
other unscheduled changes in employment benefits.
c. Employers must abide by the terms of labor agreements when making human resource
decisions regarding their unionized employees.
d. Employers should not establish informal practices of conferring benefits and privileges
not specified in labor agreements.
e. If individual employees wish to present their own grievances, their union must be notified
and given the opportunity to be present at any meetings about the grievances.
2. What must be proven in order to establish a prima facie case of discrimination by the
NLRB?