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Chapter 18: The Rights of Union Members
True / False
1. The legal controls on unions are the result of actions by the courts, the National Labor Relations Board (NLRB), and
Congress.
a. True
b. False
2. The Landrum-Griffin Act of 1959 added the union member’s bill of rights to the National Labor Relations Act.
a. True
b. False
3. The initial cases dealing with the duty of fair representation arose under the Railway Labor Act.
a. True
b. False
4. Union security clauses generally involve either a unilateral clause or a bilateral clause.
a. True
b. False
5. Executive Order 13201 requires the government employers to post notices in the workplace informing employees
subject to a union security agreement that they have the right to refuse to pay a portion of their union dues.
a. True
b. False
6. Where the employee has established a breach of the collective agreement by the employer and a breach of the duty of
fair representation by the union, the employer and the union must share liability.
a. True
b. False
7. The National Labor Relations Board has exclusive jurisdiction over claims of the breach of the duty of fair
representation.
a. True
b. False
8. Under Section 301 of the NLRA, an employee may recover punitive damages and may get an injunction.
a. True
b. False
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9. If the employee’s complaint involves action by both the employer and the union, Section 301 of the NLRA would be
preferable.
a. True
b. False
10. Section 8(b)(1)(A) of the NLRA allows union actions that restrain, coerce, or interfere with employee rights under
Section 7 of the NLRA.
a. True
b. False
11. The Labor Management Reporting and Disclosure Act (LMRDA) sought to ensure that union members were
guaranteed certain rights when subjected to internal union proceedings.
a. True
b. False
12. Section 102 of the LMRDA allows any person whose rights under the act have been violated to bring a civil suit in the
federal courts for such relief as may be appropriate.
a. True
b. False
13. Every union member has the right to meet and assemble with other members and to express any views or opinions,
subject to the union’s reasonable rules for the conduct of meetings.
a. True
b. False
14. The provisions of the LMRDA require that union members must first strive for external action for violation of the
rights granted by the LMRDA.
a. True
b. False
15. All officials handling union money must be bonded and persons convicted of certain criminal offenses are barred from
holding union office for a year.
a. True
b. False
Multiple Choice
16. Congress has legislated a union members’ “bill of rights” to guarantee that union internal procedures are fair and has
prohibited certain practices by unions that interfere with employees’ rights under the:
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Chapter 18: The Rights of Union Members
a. Occupational Safety and Health Act.
b. National Labor Relations Act.
c. Sarbanes-Oxley Act.
d. Title VII of Civil Right Act.
17. The duty of fair representation is a judicially created obligation on the part of the union to represent fairly all
employees in the:
a. arbitral tribunal.
b. illegal strike.
c. legal proceeding.
d. bargaining unit.
18. In Steele v. Louisville & Nashville R.R., the petitioner was an African American locomotive fireman and employee of
railroad. The Brotherhood, purporting to act as representative of the entire craft of firemen, without informing the African
American firemen or giving them opportunity to be heard, served a notice on the Railroad. The notice announced the
Brotherhood’s desire to amend the existing collective bargaining agreement that exclude all African American firemen
from the service. In this case, the court held that non-union members have judicial remedies of:
a. imprisonment.
b. liquidate damages.
c. injunction.
d. arbitration.
19. In Syres v. Oil Workers Local 23, the Supreme Court held that the duty of fair representation also extended to unions
granted bargaining agent status under _____ of the National Labor Relation Act.
a. Section 9(a)
b. Section 8(a)(5)
c. Section 11(1)(c)
d. Section 7(a)
20. In Steelworkers v. Rawson, the Supreme Court held that the allegations that the union had been negligent in its duty
under the collective agreement to conduct safety inspections did not amount to a:
a. breach of contract.
b. breach of trust.
c. breach of the duty of fair representative.
d. infringement of fundamental rights.
21. In Hines v. Anchor Motor Freight, Inc., two truck drivers employed by Anchor Motor Freight, Inc., were discharged
for allegedly submitting expense claims in excess of the actual costs of their motel rooms. The discharged employees filed
suit against both the union and the employer. They alleged that because their discharge was not for good cause, the
employer was in violation of the:
a. Norris-La Guardia Act.
b. duty of fair representation.
c. Title VII Civil Right Act.
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Chapter 18: The Rights of Union Members
d. collective agreement.
22. In Marquez v. Screen Actors Guild, the court held that negotiating a union security clause that incorporates the
language of Section 8(a)(3) of the NLRA is not a violation of the union’s:
a. duty of fair representation.
b. duty to negotiate
c. collective bargaining.
d. duty to investigate.
23. In Ysursa v. Pocatello Education Ass’n, the Supreme Court upheld the constitutionality of an Idaho state law that
prohibited public sector employees from authorizing voluntary payroll deductions for:
a. illegal strike.
b. unfair labor practice.
c. disciplinary action against union.
d. union political activities.
24. In International Brotherhood of Teamsters, Local 776, AFL-CIO (Carolina Freight Carriers Corporation), Carolina
hired Timothy Blosser as a casual dock laborer. The union sent Blosser a registered letter outlining what it asserted was
his union membership and financial obligations. The letter stated that failure to join the union on the fixed date would lead
to non-eligibility to work. Blosser believed the union’s demand was a violation of:
a. contractual obligation.
b. fair labor practice.
c. the duty of fair representation.
d. the collective agreement.
25. Where the employee has established a breach of the collective agreement by the employer and a breach of the duty of
fair representation by the union, the employer and the union must:
a. derecognize the bargaining representative.
b. reelect the bargaining unit.
c. refer the issue to an external party.
d. share liability.
26. In _____, the Supreme Court held that to recover damages against both the employer and the union, the employee
must prove both that the employer’s actions violated the collective agreement and that the union’s handling of the
grievance breached the duty of fair representation.
a. Bowen v. U.S. Postal Service
b. Chauffeurs, Teamsters and Helpers, Local No. 391 v. Terry
c. Marquez v. Screen Actors Guild
d. Lehnert v. Ferris Faculty Ass’n
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Chapter 18: The Rights of Union Members
27. In Miranda Fuel Co., it was held that a breach of the duty of fair representation by a union was a violation of _____ of
the National Labor Relations Act.
a. Section 301
b. Section 8(b)(1)(A)
c. Section 10(a)
d. Section 101(a)(2)
28. The National Labor Relations Board holds that breach of the duty of fair representation by a union is a(n):
a. unfair labor practice.
b. infringement of fundamental rights.
c. violation of the Constitution.
d. violation of Occupational Safety and Health Act.
29. In Chauffeurs, Teamsters and Helpers, Local No. 391 v. Terry, it was held that an employee who seeks back pay as a
remedy for a union’s violation of the duty of fair representation is entitled to:
a. punitive damages.
b. a jury trial.
c. monetary damages.
d. rescind his/her union membership.
30. In DelCostello v. Teamsters, the Supreme Court held that the time limit for bringing a suit under Section 301 of the
NLRA, alleging a breach of the duty of fair representation is _____ months.
a. two
b. three
c. five
d. six
31. In Glover v. St. Louis–San Francisco Railway, the Supreme Court held that employees _____ when the union and
employer are cooperating in the violation of employee rights.
a. have to revise the labor contract
b. must seek intervention of a third party
c. need not exhaust contract remedies
d. need to exhaust internal remedies
32. The requirement of exhausting contractual remedies flows from the policy of fostering:
a. voluntary settlement of disputes.
b. adherence to contractual obligations.
c. amicable relations between union and management.
d. minimal legal intervention in labor disputes.
33. Some union constitutions provide for review of complaints of alleged mistreatment of union members by the:
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Chapter 18: The Rights of Union Members
a. employers.
b. union leaders.
c. individual employee.
d. government.
34. If a breach of the duty of fair representation involves claims of discrimination based on race, sex, religion, or national
origin, the affected employees may also have legal remedies under:
a. the Occupational Safety and Health Act.
b. the National Labor Relations Act.
c. Title VII of the Civil Right Act.
d. Labor-Management Reporting and Disclosure Act.
35. One of the remedies available under Section 301 of the NLRA is:
a. imprisonment.
b. injunction.
c. forfeiture.
d. confiscate.
36. The union members’ bills of rights is established under the:
a. United States Constitution.
b. Occupational Safety and Health Act.
c. Labor Management Reporting and Disclosure Act.
d. Equal Employment Opportunity Act.
37. In Boilermakers v. Hardeman, Hardeman filed suit against the union, alleging that it violated _____ by denying him a
full and fair hearing in the union disciplinary proceedings.
a. Section 301
b. Section 101(a)(5)
c. Section 10(a)(5)(c)
d. Section 8(b)(1)(a)
38. The rights of freedom of speech and assembly for union members are provided under Section _____ of the Labor
Management Reporting and Disclosure Act.
a. 101(a)(2)
b. 8(b)(1)(A)
c. 101
d. 102
39. In Herman v. Local 1011, United Steelworkers of America, the constitution of the steelworker’s international union
conditions eligibility for local office on the member’s having attended at least eight of the local’s monthly meetings
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Chapter 18: The Rights of Union Members
within the two years preceding the election. Noting that the rule disqualifies 92 percent of the almost 3,000 members of
Local 1011 of the steelworkers union, the District Judge, at the behest of the Secretary of Labor:
a. made the rule optional for union members.
b. suggested reelection of the union leadership.
c. declared the rule void.
d. rescinded the representative authority of the union.
40. Section 304 of the Taft-Hartley Act, along with related federal laws, controls:
a. employers’ discretionary powers.
b. government action.
c. union political contributions.
d. unfair labor practices.
41. In a wage dispute at Schindler Steels, the union participated in the negotiation without exhibiting favoritism to the
employees. The union leadership was appreciative of the management constraints and was willing to renegotiate their
demands accordingly. This action of the union is representative of its:
a. adherence to the labor contract.
b. duty of fair representative.
c. adherence to the bargaining agreement.
d. duty of fair labor practice.
42. In 1947, the Taft-Hartley Act added a list of union unfair labor practices to the NLRA, which included all of the
following except:
a. Section 7 was amended to give employees the right to refrain from engaging in concerted activity, as well as the
right to engage in such activity.
b. Section 8(b)(1)(A) prohibits union activity that interferes with, restrains, or coerces employees in the exercise of
their Section 7 rights.
c. Section 8(b)(2) prohibits unions from causing an employer to discriminate against employees in terms and
conditions of employment because they are not union members.
d. Section 8(b)(5) protects employees from legal intervention and arbitration with a third party.
43. Which of the following is not true of the “duty of fair representation” in a dispute?
a. The duty of fair representation arose out of the union’s exclusive bargaining agent status under the Railway Labor
Act.
b. The duty of fair representation is also extended to unions granted bargaining agent status under Section 9(a) of the
NLRA.
c. Unions, in representing employees, must make unilateral decisions that affect all employees in equally.
d. The Supreme Court held that unions should be given broad discretion by the courts in negotiation practices.
44. Section 8(b)(2) of NLRA, prohibits unions from causing an employer to discriminate against the employees in terms
and conditions of employment because they:
a. are illegal immigrants.
b. are not union members.
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Chapter 18: The Rights of Union Members
c. violated the collective bargaining agreement.
d. take part in the strike(s).
45. Waylon Smithers, the new production employee at Springfield plant of Immense Multinational Business, tells you, the
human resource manager, that he is unwilling to join the union. You are not in a position to accept his demand as the
collective agreement has a _____ requiring employees in the bargaining unit to join the union and to maintain their
membership in good standing.
a. management directive
b. legal liability
c. bylaw
d. union shop clause
46. For an employee union, which of the following constitutes a breach of its duty of fair representation?
a. Refusal to arbitrate the employee’s grievance
b. Trade-offs made in fashioning contract proposals
c. Negligence in conducting safety inspections
d. Failure to follow hiring hall rules
47. Edward Owen, an employee at On-Time Transports Inc., files a suit against the employer for the breach of the duty of
fair representation involving allegations of discrimination based on national origin. Edward can claim remedies under:
a. the Occupational Safety and Health Act.
b. the National Labor Relations Act.
c. Title VII of Civil Right Act.
d. the Equal Employment Opportunity Act.
48. Keith Evans, the union leader at Riviera Die Castings Inc., decides to express his opinion regarding unfair labor
practice at the company, but the employer threatens him with termination if he communicates with union members. In this
case, the employer has violated _____ of the Labor Management Reporting and Disclosure Act, which provides the rights
of freedom of speech and assembly for union members.
a. Section 301
b. Section 101(a)(2)
c. Section 10(a)(5)
d. Section 8(a)(5)
49. _____ of the Labor Management Reporting and Disclosure Act, guarantees the right of union members to participate
in all membership business.
a. Section 301(a)
b. Section 101(a)(2)
c. Section 101(a)(1)
d. Section 10(a)(5)
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50. Ronald Heatherman, a union officer at Devon Mining Company Inc., finds that a few union members along with the
union leader are misusing the union funds. Ronald decides to take reasonable action against the union leader and other
union members. Under which act can Ronald take action to safeguard union funds?
a. Equal Employment Opportunity Act
b. Occupational Safety and Health Act
c. Federal Labor Relations Act
d. Labor Management Reporting and Disclosure Act
Subjective Short Answer
51. What is the duty of fair representation on part of the union?
52. Who creates the union’s duty of fair representation?
53. What is a union shop?
54. What is an agency shop?
55. Who established the content of notice under a new executive order issued by President Barak Obama?
56. How is the duty of fair representation enforced?
57. What remedies are provided under Section 8(b)(1)(A) of National Labor Relation Act?
58. Briefly describe the union members’ bill of rights.
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Chapter 18: The Rights of Union Members
59. What are the rights guaranteed under Section 101(a)(1) of the Labor Management Reporting and Disclosure Act?
60. Which legislation controls the operation and administration of employee welfare and pension plans?
Essay
61. Discuss the list of unfair labor practices that was added to the National Labor Relation Act by the Taft-Hartley Act.
62. What is meant by exhausting internal remedies?
63. Under which provision of the National Labor Relation Act is improper disciplinary action protected?
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Chapter 18: The Rights of Union Members
64. Explain the election procedure and requirements for election under Section 401 of the LMRDA?
65. Describe the duties of union officers.