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Chapter 15: Collective Bargaining
True / False
1. Employees join unions to gain some influence over their working conditions and wages, which is achieved through the
process called collective bargaining.
a. True
b. False
2. The union’s bargaining pressure comes from its potential to lock out the employees or to permanently replace
nonstriking workers.
a. True
b. False
3. An employer is required to recognize a union as the exclusive bargaining representative of its employees when a
majority of those employees support the union.
a. True
b. False
4. Section 8(b)(3) allows a union representing a group of employees to refuse to bargain with their employer.
a. True
b. False
5. The National Labor Relations Act (NLRA) is explicit regarding the duty to bargain in good faith and even controls the
results of the bargaining process.
a. True
b. False
6. Employees who go on an economic strike during the sixty-day “cooling-off” period lose their status as employees and
the protections of the NLRA.
a. True
b. False
7. The NLRA provides that when the collective bargaining involves the employees of a health-care institution, the parties
must give notice to bargain at least ninety days prior to the expiration of the agreement.
a. True
b. False
8. Despite the union being certified as bargaining representative, the National Labor Relations Board (NLRB) does not
require that the employer recognize and bargain with the union.
a. True
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Chapter 15: Collective Bargaining
b. False
9. If there are no collective agreements in effect after a year from certification and the union does not have the majority
support of the bargaining unit, then the employer can refuse to bargain with the union.
a. True
b. False
10. Section 8(d) states that making concessions or reaching an agreement is necessary to good faith bargaining.
a. True
b. False
11. Permissive bargaining subjects are those matters not directly related to wages, hours, terms and conditions of
employment, and are not prohibited.
a. True
b. False
12. An employer’s insistence that the union agree to the interest arbitration clause as a condition of the employer signing
the collective bargaining agreement amounts to a violation of Section 8(d).
a. True
b. False
13. The employer need not give written notice of the closing or mass layoff to the employees (or their representative), the
state economic development officials, or the chief elected local government official.
a. True
b. False
14. The Worker Adjustment and Retraining Notification (WARN) permits the creation of a separate enforcement agency
and gives enforcement authority to the Department of Labor.
a. True
b. False
15. In NLRB v. Truitt Mfg., the requirement to furnish financial information is a “truth–in–bargaining” requirement.
a. True
b. False
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Chapter 15: Collective Bargaining
16. Section 8(d) of the National Labor Relations Act (NLRA) states that, the obligation of the employer and the
bargaining representative is to meet at and confer in good faith with respect to:
a. establishment of a trade union.
b. wages, hours, and other terms and conditions of the employment.
c. establishment of a business unit.
d. reappointment of a bargaining representative.
17. _____ makes it an unfair labor practice for an employer to refuse to bargain with the employees’ representative.
a. Section 9(a)
b. Section 8(b)(3)
c. Section 8(d)
d. Section 8(a)(5)
18. _____ makes it an unfair practice for a union representing a group of employees to refuse to bargain with the
employer.
a. Section 8(a)
b. Section 8(d)
c. Section 8(b)(3)
d. Section 8(a)(1)
19. Section 8(a)(5) requires that the employer bargain with a union that is the representative of its employees according to
_____.
a. Section 9(a)
b. Section 8(d)
c. Section 8(a)
d. Section 704(a)
20. In J. I. Case Co. v. NLRB, the Supreme Court held that contracts of employment made with individual employees
were _____ to negotiating a collective agreement with the union.
a. ex parte agreements
b. mandatory
c. not impediments
d. yellow-dog contracts
21. Which of the following statements is not true of the NLRA’s approach to the duty to bargain?
a. The act imposes an obligation to bargain collectively upon the union.
b. The act allows the employer to refuse to bargain with the bargaining unit.
c. The act does not control the results of the bargaining process.
d. The act does not compel either party to agree to a proposal or require the making of a concession.
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Chapter 15: Collective Bargaining
22. In Emporium Capwell Co. v. Western Addition Community Organization, Hollins and Hawkins were minority
employees. The Western Addition Community Organization filed a charge against the company with National Labor
Relations Board (NLRB). The trial examiner of the NLRB concluded that their activity was not protected by Section 7 of
the Act and that their discharges did not, therefore, violate _____ of the NLRA.
a. Section 9(a)
b. Section 8(b)(3)
c. Section 8(a)(1)
d. Section 8(a)
23. The collective agreements covering professional baseball and football players are examples of agreements that:
a. amount to yellow dog contracts.
b. permit individual negotiation.
c. are ex parte agreements.
d. require an inspection officer.
24. According to Section 8(d), failure to _____, may make any strike by the union or lockout by the employer an unfair
labor practice.
a. give prior bargaining notice
b. register under the NLRB
c. recognize the bargaining unit
d. prove two-thirds majority
25. When negotiations result in matters of dispute, the party seeking contract termination must notify the _____ and the
appropriate state mediation agency within thirty days from giving the notice to bargain.
a. International Labor Organization (ILO)
b. Western Addition Community Organization
c. National Labor Relations Board (NLRB)
d. Federal Mediation and Conciliation Service (FMCS)
26. A union or employer seeking to bargain with the other party must notify that other party of its desire to bargain at least
_____ prior to the expiration of the existing collective agreement.
a. forty five days
b. thirty days
c. sixty days
d. ninety days
27. Section 8(g) requires that a labor organization seeking to picket or strike against a health-care institution must give
both the employer and the Federal Mediation and Conciliation Service (FMCS) written notice of its intention to strike or
picket at least _____ days prior to taking the action.
a. ninety
b. sixty
c. fifteen
d. ten
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Chapter 15: Collective Bargaining
28. The National Labor Relations Act (NLRA) provides for longer notice periods when the collective bargaining involves
the employees of a(n):
a. educational institution.
b. software company.
c. health-care institution.
d. law firm.
29. Under _____, when a union is certified as the winner of a representation election, the employer is required to bargain
with it.
a. Section 9(a)
b. Section 8(a)(1)
c. Section 8(b)(3)
d. Section 8(a)(5)
30. When a union acquires bargaining rights by voluntary recognition rather than certification, the employer is required to
recognize and bargain with the union only for _____ if no agreement is in effect.
a. ninety days
b. sixty days
c. a reasonable period of time
d. as long as the employer wants
31. To determine whether the union has the majority support for the first twelve months of the strike, the NLRB held that
economic strikers must be considered as members of:
a. the global union.
b. a bargaining unit.
c. a labor union.
d. the Federal Mediation and Conciliation Service.
32. In Auciello Iron Works, Inc. v. NLRB, the union filed unfair labor practice charges with the NLRB. An administrative
law judge found that a contract existed between the parties and that Auciello’s withdrawal from it violated _____ of the
NLRA.
a. Sections 8(a)(1) and (5)
b. Sections 8(d) and 9(a)
c. Section 8(b)(3)
d. Section 8(e)
33. As long as the parties bargain with an intention to find a basis of agreement, the breakdown or deadlock of
negotiations is not a violation of the:
a. terms of agreement.
b. duty to bargain in good faith.
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c. NLRA.
d. employment contract.
34. When an impasse results from a party’s rigid insistence upon a particular proposal that relates to wages, hours, or
terms and conditions of employment, then it is not a violation of:
a. good faith.
b. Civil Rights Act.
c. take-it-or-leave-it bargaining.
d. duty to bargain.
35. The lack of good faith of an employer includes:
a. hard bargaining.
b. refusing to sign a written agreement.
c. attempting to deal with individual employees rather than the union.
d. refusing to provide the union with information regarding bargaining proposals.
36. The duty to bargain in good faith under Section 8(d) includes the obligation to _____, if requested by either party.
a. execute a written contract incorporating any agreement
b. provide a consent to pay for damages incurred
c. revise the recognition status of the bargaining unit
d. include new members in the bargaining process
37. The subjects that vitally affect the terms and conditions of the employment of the employees in the bargaining unit are
called _____ bargaining subjects.
a. restricted
b. mandatory
c. permissive
d. prohibited
38. Which of the following does not fall under a mandatory bargaining subject, considering the various rulings on the
subject?
a. Hours and terms and conditions of employment
b. Prices of food sold in vending machines in the plant cafeteria
c. Changes in medical insurance coverage of retired former employees
d. Employee discounts, shift differentials, and incentive plans
39. In First National Maintenance Corp. v. NLRB, the petitioner notified its Greenpark employees that they would be
discharged three days later. With nothing but a perfunctory further discussion, the petitioner discontinued its Greenpark
operation and discharged the employees. The union filed an unfair labor practice charge against petitioner, alleging
violations of which section of the NLRA?
a. Section 8(1)(a) and (5)
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Chapter 15: Collective Bargaining
b. Section 8(b)(3)
c. Section 77(a)
d. Section 16(d)
40. In Visiting Nurse Services of Western Massachusetts, Inc. v. NLRB, the union filed unfair labor practice charges with
the NLRB, claiming that VNS had violated Section 8(a)(1) and (5) of the NLRA by unilaterally implementing:
a. prohibition on bargaining subjects.
b. yellow–dog contracts.
c. mandatory bargaining subjects.
d. bargaining unit agreements.
41. The matters which are not directly related to wages, hours, terms and conditions of the employment and not prohibited
are called:
a. good faith bargaining.
b. permissive bargaining subjects.
c. duty of bargaining.
d. supplementary bargaining subjects.
42. Proposals under the collective agreement, which involve violations of the NLRA or other laws is known as:
a. prohibited bargaining subjects.
b. bargaining remedies.
c. modification of collective agreement.
d. mandatory bargaining subjects.
43. Section 8(d) of the NLRA prohibits any modifications or changes in a collective agreement’s provisions relating to
_____ during the term of the agreement unless both parties to the agreement consent to such changes.
a. bargaining remedies
b. bargaining unit
c. mandatory bargaining subjects
d. bargaining agent
44. The Worker Adjustment and Retraining Act (WARN) requires employers with 100 or more employees to give sixty
days’ advance notice prior to:
a. calling for a recognition poll.
b. the temporary closing of company.
c. any plant closings and mass layoffs.
d. shifting of the company premises.
45. In _____, the Supreme Court held that an employer that pleads inability to pay in response to union demands in order
to support his claim must provide some financial information.
a. NLRB v. Plymouth Stamping Division, Eltec Corp.
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b. NLRB v. Truitt Mfg
c. Nurse Services of Western Massachusetts, Inc. v. NLRB
d. H. K. Porter Co. v. NLRB
46. Which of the following is not true of the Truitt requirement to furnish information?
a. It applies to employers with 100 or more employees.
b. It is not a “truth–in–bargaining” requirement.
c. It relates only to claims of financial inability to meet union proposals.
d. It is aimed to help the union validate the employer’s claims.
47. If the employer pleads inability to pay, the union:
a. can demand a lockout.
b. must make a good faith demand for financial information.
c. is entitled to petition the NLRB against the employer.
d. can legally conduct an economic strike.
48. The NLRB requires that the prior conditions be restored and any reduction in wages or benefits be paid back, if an
employer has:
a. refused to furnish information.
b. illegally made unilateral changes.
c. refused to sign an already agreed-upon contract.
d. violated the duty to bargain in good faith.
49. In H. K. Porter Co. v. NLRB, the dispute mainly revolves around the union’s desire to have the company agree to
“check off” the dues owed to the union by its members, that is, to deduct those dues periodically from the company’s
wage payments to the employees. The evidence shows, and the court found, that the company’s objection was not because
of inconvenience, but solely on the ground that the company was:
a. not agreeing to the union’s demands.
b. having direct contacts with the individual employees.
c. not furnishing the requested financial information.
d. not going to aid and comfort the union.
50. When a union and a group of employers agree upon specified wages and working conditions, the effect among the
employers with respect to those wages or working conditions may be to reduce:
a. competition.
b. disparity.
c. unfair labor practices.
d. litigation over wages.
Subjective Short Answer
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Chapter 15: Collective Bargaining
51. What does Section 8(d) of the National Labor Relations Act state with respect to duty of bargain?
52. What does Section 9(a) of the NLRA state regarding bargaining in good faith?
53. According to NLRB guidelines, what is the tenure of the bargaining agreement for a certified union?
54. What are mandatory bargaining subjects?
55. When can an employer act unilaterally?
56. What are permissive bargaining subjects?
57. What are prohibited bargaining subjects?
58. What was the purpose of the Worker Adjustment and Retraining Act (WARN)?
59. Define mass layoffs.
60. What is meant by “failing firm exception”?
Essay
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Chapter 15: Collective Bargaining
61. Briefly describe the duty to bargain.
62. What are the procedural requirements under Section 8(d) of the National Labor Relations Act?
63. Briefly describe permissive bargaining subjects.
64. Explain plant closing legislation.
65. Explain the concept of duty to furnish information.
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Chapter 15: Collective Bargaining