Name:
Class:
Date:
Chapter 16: Picketing and Strikes
True / False
1. Employers are free to permanently replace employees who go on an economic strike.
a. True
b. False
2. An employer may resort to a lockout only after bargaining in good faith to an impasse.
a. True
b. False
3. There is a constitutional right to picket, but there is no recognized constitutional right to strike.
a. True
b. False
4. The Norris–La Guardia Act delegated the powers to federal courts to issue injunctions in labor disputes.
a. True
b. False
5. State courts are not allowed to issue injunctions against mass picketing.
a. True
b. False
6. The Landrum-Griffin Act prohibits recognitional picketing by an uncertified union in certain situations.
a. True
b. False
7. Picketing to protest substandard wages paid by an employer is subject to Section 8(b)(7), as long as the union does not
have a recognitional object.
a. True
b. False
8. Section 8(b)(4) prohibits primary picketing by a union against an employer with which it has a dispute.
a. True
b. False
9. The secondary boycott prohibitions were intended to protect neutral employers from union pressure.
a. True
Name:
Class:
Date:
Chapter 16: Picketing and Strikes
b. False
10. The second proviso to Section 8(b)(4) prohibits the union from distributing handbills addressed to the public.
a. True
b. False
11. Publicity, other than picketing for the purposes of truthfully advising the public that the products of the employer
against whom the union is striking are being distributed by another employer, is prohibited according to the provisions of
Section 8(b)(4).
a. True
b. False
12. Hot cargo clauses are the provisions in a collective bargaining agreement that purport to permit employees to refuse to
handle the product of any employer involved in a labor dispute.
a. True
b. False
13. Section 8(e) allows the negotiation and enforcement of hot cargo clauses.
a. True
b. False
14. Injunction is intended to prevent the activity in question of a complaint until its legality can be determined.
a. True
b. False
15. The National Labor Relations Act provides for injunctions forestalling strikes when they threaten the national health
or safety.
a. True
b. False
Multiple Choice
16. Pressure tactics include all of the following, except:
a. picketing.
b. bargaining.
c. strikes.
d. patrolling.
Name:
Class:
Date:
Chapter 16: Picketing and Strikes
17. Employees of the SMZ Beverages stood in front of the company’s premises and started conveying information to the
public about mixing of harmful chemicals in the soft drinks that were manufactured by the company. This employee
action is called:
a. boycotts.
b. picketing.
c. patrolling.
d. lockouts.
18. The union members of the National Steel Company decided to hold a strike compelling their employer to increase
their wages and medical benefits and provide better insurance and family benefits. This type of strike is called a(n):
a. economic strike.
b. unfair labor practice strike.
c. conventional strike.
d. whipsaw strike.
19. An union must give a written notice of any strike, picketing, or any other concerted refusal to work against any health-
care institution at least ten days prior to the beginning of the strike or picketing. This provision is outlined under Section
8(g) of the:
a. Norris-Guardia Act.
b. Occupational Safety and Health Act.
c. Fair Labor Standards Act.
d. National Labor Relations Act.
20. A union that unilaterally delays the start of a strike beyond the time specified in the written notice violates _____ of
the NLRA.
a. Section 9(a)
b. Section 8(a)(1)
c. Section 8(g)
d. Section 8(a)(5)
21. In the matter of strikes, constitutional issues apply only to:
a. private sector strikes.
b. government activity.
c. lockouts.
d. health-care institutions.
22. Courts have traditionally held strikes to be:
a. infringement of fundamental rights.
b. unconstitutional.
c. criminal conspiracies.
d. a constitutional right.
Name:
Class:
Date:
Chapter 16: Picketing and Strikes
23. Johnson and Johnson Health Care Hospital, decided to abolish the medical benefits of their employees. The hospital’s
union decided to hold a strike protesting the decision. According to Section 8(g) of the National Labor Relations Act, the
union has to give a written notice in advance before conducting such an act within:
a. five days.
b. ten days.
c. fifteen days.
d. twenty days.
24. The _____ restricted the ability of federal courts to issue injunctions in the matter of labor disputes.
a. Landrum-Griffin Act
b. Sherman Act
c. Clayton Act
d. Norris–La Guardia Act
25. The case of Brady v. National Football League involved which act?
a. Landrum-Griffin Act
b. Sherman Act
c. Clayton Act
d. Norris–La Guardia Act
26. A dispute arises between an employer and the union in National Steel Manufacturing. The employer filed a petition in
the Court of Appeals to issue injunction order over the disputes. The Court of Appeals issued an injunction. The union
filed an appeal in U. S. Supreme Court against the order of Court of Appeal. The Supreme Court vacated the injunction
order, stating that federal court does not have the power to issue injunction order under the:
a. National Labors Relation Act.
b. Occupational Safety and Health Act.
c. Norris-Guardia Act.
d. Sarbanes-Oxley Act.
27. The National Labor Relations Act allows the NLRB to seek injunctions in federal courts when a complaint alleges
violations of:
a. Section 8(b)(4)
b. Section 8(b)(7)
c. Section 8(e)
d. Section 8(g)
28. Sections 10(j) and 10(l) of the NLRA authorize the National Labor Relations Board (NLRB) to seek injunctions
against:
a. economic strike.
b. appointment of employee.
c. holding of election.
d. unfair labor practice.
Name:
Class:
Date:
Chapter 16: Picketing and Strikes
29. In Hudgens v. NLRB, warehouse employees of the Butler Shoe Co. went on strike to protest the company’s failure to
agree to demands made by their union in contract negotiations. The union filed an unfair labor practice charge against
Hudgens with the Board, alleging interference with rights protected by Section 7 of the NLRA. The U. S. Supreme Court
held that the case should be remanded to the:
a. Court of general jurisdiction.
b. District Court.
c. National Labor Relation Board.
d. Trial Court.
30. Peaceful picketing is protected activity under the:
a. Occupational Safety and Health Act.
b. American Federation for Labor.
c. U. S. Constitution.
d. National Labor Relation Act.
31. Recognitional picketing by an uncertified union in certain situations is prohibited under
Section 8(b)(7) of the:
a. Sarbanes- Oxley Act.
b. Norris–La Guardia Act.
c. Landrum-Griffin Act.
d. Occupational Safety and Health Act.
32. In Smitley v. NLRB, after the NLRB dismissed a complaint that the union had violated Section 8(b)(7)(C) of the
National Labor Relation Act, the company sought judicial review of the Board’s decision. The court of appeals held that
Section 8(b)(7) did not intend to prohibit all picketing having the named “object” of:
a. consumer picketing.
b. recognitional or organizational picketing.
c. labor picketing.
d. product picketing.
33. Section 8(b)(4) NLRA, deals with:
a. secondary boycotts.
b. employer’s power of termination.
c. peaceful picketing.
d. unfair labor practice.
34. When the primary employer’s business location is mobile, picketing by a union following that mobile location is
called:
a. common situs picketing.
b. patrolling picket.
Name:
Class:
Date:
Chapter 16: Picketing and Strikes
c. picketing in transit.
d. ambulatory situs picketing.
35. If the labor unions of a soft drinks company are picketing in front of the wholesaler, instead of picketing on the
company’s premises, then under the NLRA,:
a. such secondary picketing shall be prohibited.
b. such picketing shall be considered permitted.
c. it will be considered as break of a picketing line.
d. it shall be considered a consumer picketing.
36. In Sailors’ Union Of The Pacific and Moore Dry Dock Co. the dry-dock company filed an unfair practice charge with
the NLRB, alleging that the union’s picketing at the dry dock violated Section 8(b)(4)(B). The NLRB held that union’s
picketing did not violate Section 8(b)(4)(B) and therefore:
a. dismissed the unfair labor practice complaint.
b. remanded the case to the trial court.
c. upheld the economic strike claim illegal.
d. reviewed the decision of court of appeals.
37. In Local 761, International Union of Electrical Radio & Machineworkers [General Electric] v. NLRB, GE filed a
complaint with the NLRB, alleging that the union’s picketing at Gate 3-A, used exclusively by the employees of the
contractors under _____ of the NLRA.
a. Section 8(b)(4)(ii)(b)
b. Section 8(b)(4)(b)
c. Section 7(a)(1)
d. Section 9(c)(1)
38. The General Electric case made the nature of the work performed by the secondary employees at the primary site the
key to whether the union may target secondary employees with:
a. strike.
b. picketing.
c. legal action.
d. violence.
39. In International Union of Operating Engineers, the Board found that all of the following actions by the union
constituted unfair labor practices, except:
a. picketing at neutral gates.
b. distributing pamphlets encouraging employees of neutral employers to stay out of work.
c. barring union members from working on a job where a strike has been called.
d. bringing internal charges against members employed by a neutral employer.
Name:
Class:
Date:
Chapter 16: Picketing and Strikes
40. Jason, the bargaining representative of the union at Toole & Symonds Inc., demanded that the employer improve the
working conditions and safety of employees at the construction company. When the company refused to meet the union
demands, the union organized a picket around the entire construction site. This form of picketing is called a(n):
a. consumer picketing.
b. ambulatory situs picketing
c. common situs picketing
d. organizational picketing.
41. Secondary boycott prohibitions were intended to protect _____ from union pressure.
a. private employers
b. neutral employers
c. the federal government
d. health-care providers
42. In NLRB v. Business Machine & Office Appliance Mechanics Conference Board, IUE, Local 459 [Royal Typewriter
Co.], there was a labor dispute between the Royal Typewriter Company and the Business Machine and Office Appliance
Mechanics Conference Board, the certified bargaining agent of Royal’s typewriter mechanics and other service personnel.
In this case, it was held that Section 8(b)(4) of the NLRA:
a. held employers liable for damages.
b. prohibited National Labor Relation Board the jurisdiction to hear the matter.
c. does not protect the employers.
d. does not protect employees.
43. The second proviso to _____ allows the union to use publicity other than picketing, for the purpose of truthfully
advising the public that the secondary employer is handling the product of the primary employer.
a. Section 7(a)(1)
b. Section 8(b)(4)
c. Section 9(c)(1)
d. Section 8(a)(5)
44. Consumer picketing is also known as:
a. product picketing.
b. union picketing.
c. in situs picketing.
d. organizational picketing.
45. In Edward J. Debartolo Corp. v. Florida Gulf Coast Building Trades Council, DeBartolo filed a complaint with the
NLRB, under Section 8(b)(4) of the NLRA, charging the union with engaging in:
a. economic strike.
b. whipsaw strike.
c. unfair labor practice.
d. criminal conspiracy.
Name:
Class:
Date:
Chapter 16: Picketing and Strikes
46. A union distributing handbills and displaying a huge banner reading “labor dispute” on public property outside firms
that were employing nonunion contractors was not picketing and did not violate Section 8(b)(4)(ii)(B), according to:
a. NLRB v. Babcock & Wilcox Co.
b. Overstreet v. United Brotherhood of Carpenters and Joiners of America, Local Union No. 1506.
c. Int. Longshoremen’s Association v. NLRB.
d. Kroger Co. v. NLRB.
47. _____ requires that the Board seek an injunction against the picketing when a complaint alleging a violation of
Section 8(b)(4)(D) is filed.
a. Section 7(a)
b. Section 9(a)
c. Section 10(l)
d. Section 8(a)(4)
48. The labor union of Consolidated Iron and Steel Company, despite its illegal status, organized a picketing against the
company demanding assigning of work to them. Such picketing is prohibited under _____ of the NLRA.
a. Section 9(c)(1)
b. Ordinance no. 7
c. Section 8(b)(4)(D)
d. Article 8(b)(4)(ii)(b)
49. The labor union of Rivet Metal Solutions threatened the employer with negative publicity if management failed to
improve their wages and medical benefits. This is a violation of Section 8(b)(4) of the National Labor Relation Act and
Rivet Metal Solutions may have remedy in the form of:
a. punitive damages.
b. liquidated damages.
c. a warrant to arrest.
d. an injunction.
Subjective Short Answer
50. What is a strike?
51. When was the Norris–La Guardia Act passed and what are its provisions relating to strike?
52. Briefly discuss state regulation(s) on picketing.
Name:
Class:
Date:
Chapter 16: Picketing and Strikes
53. What is the right of an employer under Section 8(b)(7)(C) related to picketing?
54. What does Section 8(b)(4) of the National Labor Relations Act deal with?
55. What is primary picketing?
56. What is common situs picketing?
57. What are hot cargo clauses?
58. Can any person suffering harm to business or property sue in federal court to recover damages?
59. Can primary or secondary employer sue even if unfair labor practice charge has been filed with the National Labor
Relations Board?
Essay
60. Discuss the NLRA provisions regarding picketing or refusal to work against any health-care institution.
Name:
Class:
Date:
Chapter 16: Picketing and Strikes
61. Briefly discuss picketing under the National Labor Relations Act.
62. Briefly explain the concept of consumer picketing.
63. Discuss the jurisdictional disputes of Section 8(b)(4)(D).
64. What are the national emergency provisions under the Taft-Hartley Act of 1947?