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Chapter 14: Unfair Labor Practices by Employers and Unions
True / False
1. The scope of unfair labor practices (ULPs) by employers and union is covered under the National Labor Relations Act
(NLRA).
a. True
b. False
2. Unfair labor practices (ULPs) are various forms of conduct or activities that adversely affect employees in the exercise
of their rights under Section 7 of the NLRA.
a. True
b. False
3. Violations of Section 8(a)(1) in the context of union organizing campaigns usually involve restrictions on the soliciting
activities of employees or coercive or threatening remarks made by the employer.
a. True
b. False
4. An employer may place only “reasonable restrictions” on the soliciting activities of nonemployees.
a. True
b. False
5. If the employer’s work rule restricts protected activity under Section 7, it is a violation under Section 8(a)(1).
a. True
b. False
6. If the employer chooses to poll its employees, the employees must be informed of the purpose of the poll.
a. True
b. False
7. Weingarten rights are not available to nonunion employees.
a. True
b. False
8. Violence and surveillance by employers on employees violate Section 8(a)(1) because they interfere with the free
exercise of the employees’ Section 7 rights.
a. True
b. False
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Chapter 14: Unfair Labor Practices by Employers and Unions
9. If an employer asks any employee to be filmed for use in an antiunion video then it amounts to violation of the NLRA.
a. True
b. False
10. Employees have a right under Section 7 to choose their bargaining representative free from coercion.
a. True
b. False
11. Joint bargaining by employers prevents unions from engaging in whipsaw strikes.
a. True
b. False
12. Multiemployer bargaining is not mentioned in Section 8(b)(1)(B) of NLRA.
a. True
b. False
13. An employer who recognizes a union without the support of a majority of employees does not violate Section 8(a)(2).
a. True
b. False
14. Section 8(a)(3) and Section 8(b)(2) prohibit discrimination to encourage or discourage union membership.
a. True
b. False
15. A lockout amounts to a permanent closure of a plant to avoid unionization.
a. True
b. False
Multiple Choice
16. A list of unfair labor practices by both employers and unions is defined in the:
a. Age Discrimination in Employment Act.
b. National Labor Relation Act.
c. National Industrial Recovery Act.
d. Civil Rights Act.
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Chapter 14: Unfair Labor Practices by Employers and Unions
17. The union at Westinghouse Machine Tools has been successfully representing the employees of the 110-year old
company. Recently, one of the employees petitioned against the union, claiming that she and a few other employees were
ignored in the union meetings and that they were discriminated against because they were African American. Which
section of the NLRA did the union violate in this case?
a. Section 9(c)(3)
b. Section 8(b)(3)
c. Section 8(b)(1)(A)
d. Section 2(11)
18. Unfair labor practices by employers interfere with employees in exercise of their rights under:
a. Section 4 of Employer and Labor Relations Act.
b. Section 5 of Worker’s Compensation Act.
c. Section 6(a) of Payment of Wages Act.
d. Section 7 of National Labor Relations Act.
19. In Atlantic-Pacific Coast Inc. v. NLRB, employee collecting signatures of coworkers on a letter to management
protesting the selection of a new supervisor was held to be engaged in:
a. negotiation tactics.
b. bargaining.
c. protected activity.
d. pressure tactics
20. In NLRB v. City Disposal Systems, the Court of Appeals concluded that the Brown’s refusal was not a(n) _____
according to Section 7 of the NLRA.
a. concerted activity
b. protected activity
c. unfair labor practice
d. unlawful activity
21. Section 8(a)(1) and Section 8(b)(1) of NLRB, prohibits:
a. union organizing campaigns.
b. strikes by employees.
c. coercion and restraint of employees.
d. poll conducted by employers.
22. Moonwatcher.com, a video surveillance company, has issued a work rule requiring its employees to have radio
frequency identification chips embedded in their forearms, in order to monitor the employees’ movements while they are
working. This rule violates Section 7 under NLRA because it’s overtly intrusive of the employers into the employee’s life.
To enjoy such rights the employees:
a. need to register for exemption at the NLRB.
b. need not to be a part of an organized union.
c. have to be registered members of the bargaining unit.
d. need to be on the rolls of the company for at least one year.
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Chapter 14: Unfair Labor Practices by Employers and Unions
23. In Lechmere, Inc. v. NLRB, Lechmere’s refusal to allow non employee union organizers onto its property to attempt to
organize the store’s employees, was held as an unfair labor practice under _____ of the NLRA.
a. Section 8(a)(1)
b. Section 7
c. Section 2(5)
d. Section 8(b)(1)(A)
24. If the restrictive work rule of employer restricts action under Section 7, it is a violation of:
a. Section 6(a)(1).
b. Section 6(c).
c. Section 9.
d. Section 8(a)(1).
25. In Guard Publishing Company v. National Labor Relations Board, the court noted that the NLRB had held that, the
company had not violated Section 8(a)(1) when it issued a(n):
a. termination order.
b. order to reinstate.
c. injunction.
d. disciplinary warning.
26. In the matter of verifying the union’s claim to have the majority, the NLRB requires that the employer have a _____
about a union’s claim of majority support in order to conduct a poll of employees regarding their support of a union.
a. discretionary trust
b. good consideration
c. good faith reasonable doubt
d. due care
27. Management at Freedom Solar Technologies Inc. supported a captive union in their company that, while creating an
impression of collective input, allowed management control. As this type of employer domination is outlawed under
Section 8(a)(2), the company may apply any of the remedies mentioned below except:
a. to disband an in-house or captive union.
b. to support and encourage the majority union.
c. to cancel any agreements reached with the union.
d. to cease recognizing the union.
28. According to NLRB v. Johnnie’s Poultry Co. and Wisconsin Porcelain Co, an interrogation must include reassurances
that participation in the interrogation is:
a. performance related.
b. mandatory.
c. fair labor practice.
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Chapter 14: Unfair Labor Practices by Employers and Unions
d. voluntary.
29. In E. I. DuPont & Co, the NLRB decided to restrict Weingarten rights only to:
a. private employees.
b. federal employees.
c. unionized employees.
d. non union employee.
30. Strikes in which the union selectively strikes in just one firm in the industry are known as:
a. economic strikes.
b. whipsaw strikes.
c. unfair labor practice strikes.
d. local union strikes.
31. As remedy for violation of Section 8(a)(2), the NLRB may order the employer:
a. to cease recognizing the union.
b. not to cancel any agreements reached with the union.
c. give support or assistance to the union.
d. not to disband an in–house or captive union.
32. Nicolas is a member of the bargaining unit at Smith Inc., and has been very vocal in his criticism of the performance
of the union’s leadership in the last contract negotiations. Steve, the union’s chief steward, irate over Nicolas’ complaints,
meets with Benjamin, the HR director, to discuss terminating Nicolas. Here, Steve violated Section 8(b)(2) of the:
a. American Federation of Labor.
b. National Labor Relations Act.
c. Wagner Act.
d. Taft-Hartley Act.
33. In Electromation, Inc. v. NLRB, the NLRB ultimately found that Electromation violated Sections 8(a)(2) and (1) of the
NLRA, through its establishment and administration of:
a. employer’s commission.
b. action committees.
c. review committees.
d. employees’ union.
34. In NLRB v. Transportation Management Corp., discharging Santillo was an unlawful labor practice because the
employer had:
a. applied the Wright line test.
b. no knowledge of rules.
c. a grudge against him.
d. an anti union animus.
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Chapter 14: Unfair Labor Practices by Employers and Unions
35. When an employer is charged under Section 8(a)(3) for refusing to hire an applicant whom the employer suspects to
be a union organizer, which of the following can the employer use to defend his decision?
a. By raising a reasonable question as to the applicant’s actual interest in working for the employer
b. By citing the employers’ rights as defined in Section 7 of the NLRA to defend against the labor practice
c. By citing the closed shop agreements in place in the firm
d. By agreeing to establish and administer in-house unions
36. Requirement of union shop agreement is that, after being hired by employer, employees should join union within:
a. thirty days.
b. forty days.
c. forty five days.
d. sixty days.
37. If an employer is forced by a union to hire only applicants who are satisfactory to the union, this is a violation under:
a. Section 8(a)(3).
b. Section 8(b)(2).
c. Section 9(a).
d. Section 10.
38. It is legal for the union to set particular skills necessary for membership or referral to employees through:
a. a union organizing drive.
b. arbitration.
c. a hiring hall.
d. election.
39. Section 8(b)(2) is violated when unions force employers to:
a. discriminate employees because of his internal union activities.
b. form in-house unions.
c. form collective bargaining units.
d. allow them to engage in Whipsaw Strikes.
40. Dolan Tractor is a manufacturing unit in Nevada. The employers rely on unions to refer prospective employees to the
various employers. This kind of arrangement is known as:
a. agency shop agreement.
b. soliciting agreement.
c. hiring hall.
d. union shop.
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Chapter 14: Unfair Labor Practices by Employers and Unions
41. An employer violates Section 8(a)(2) when he/she creates a union that allows:
a. employees to collectively bargain.
b. management to retain complete control.
c. employees to retain control.
d. the National Labor Relations Board to retain complete control.
42. Under the NLRB, unfair labor practice strikes are:
a. personal activity.
b. protected activity.
c. criminal act.
d. not acceptable.
43. A temporary withdrawal of employment to pressure employees to agree to the employer’s bargaining proposals is
known as a:
a. bailout.
b. lockout.
c. closure.
d. freeze.
44. In NLRB v. Brown, Supreme Court held that the employers’ attempt to remain open for business using temporary
replacements was a measure reasonably related to the legitimate business purpose of preserving the integrity of the
multiemployer bargaining unit and has not violated both:
a. Section 8(a)(1) or 8(a)(3).
b. Section 9(a) or Section 10(e).
c. Section 7 or Section 8(b)(3).
d. Section 8(c) Section 8(a)(5).
45. Section 8(b)(5) prohibits a union from requiring excessive dues or membership fees of employees covered by:
a. collective bargaining agreement.
b. employment contract.
c. union security agreement.
d. arbitration clause.
46. Which of the following is true regarding ABF Freight System, Inc. v. NLRB?
a. Manso’s discharge is justified and lawful Manso failed to act upon his tardiness despite warnings by three
supervisors regarding top management retaliation.
b. Nothwithstanding Manso’s dishonesty, the National Labor Relations Board ordered Manso’s former employer to
reinstate him with back pay.
c. Manso’s discharge was deemed lawful as he presented false testimony in a formal proceeding, which is
intolerable.
d. The Supreme Court assumed that the Board did abuse its discretion in ordering reinstatement even though Manso
gave ABF a false reason for being late to work.
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Chapter 14: Unfair Labor Practices by Employers and Unions
47. Robert joined as a trainee manager in Lite Apparels, which is the biggest garment factory in California. As soon as he
joined, the company’s union asked him to sign a union security agreement. According to the agreement, he had to pay
membership fee of $500. The union’s demands seem to be a violation of:
a. Section 8(b)(1)(A).
b. Section 8(b)(6).
c. Section 8(b)(5).
d. Section 10(l).
48. Samantha was an active union member at Texas Tools Inc., which employed around three thousand employees. Owing
to the huge workforce, Samantha was assigned tasks that went beyond the scope of her work, though she was paid for
these tasks. It was later found that Samantha had claimed false expenses. Samantha’s actions amount to a violation of
_____ of the NLRA.
a. Section 9
b. Section 7
c. Sections 8(a)(3) and 8(b)(2)
d. Section 8(b)(6)
Subjective Short Answer
49. Which act defines unfair labor practices?
50. Which section of National Labor Relations Act speaks about the rights of employees?
51. What are antiunion remarks?
52. What are the criteria for employer rules limiting soliciting activities?
53. When should an employer conduct a poll?
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Chapter 14: Unfair Labor Practices by Employers and Unions
54. Which guidelines should be followed when employer conducts a poll of his employees?
55. What are the remedies for violation of Section 8(a)(2) of NLRA?
56. Which kind of discrimination violates Sections 8(a)(3) and 8(b)(2) of the NLRA?
57. What is the exception regarding the encouragement of unions?
Essay
58. List the various types of employer conduct considered illegal under section 8(a) of National Labor Relation Act.
59. Which section of National Labor Relation Act speaks about union coercion of employees and employers?
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Chapter 14: Unfair Labor Practices by Employers and Unions
60. Apart from whipsaw strikes, what are the other reasons for engaging in multiemployer bargaining with union?
61. Define super seniority in context of collective bargaining.