from engaging in.
F
Copyright ©2010 Pearson Education, Inc. publishing as Prentice Hall
President Reagan authorized its use in the 1981 air traffic controller strike. At the time of this
writing in 2008, labor had as yet been unable to get Congress to declare it illegal.
1.
subordinate relationship with the employer.
T
Stranger picketing is picketing conducted by people who are not in a direct superior-
2.
Injunctions are judicial orders.
T
3.
administration.
F
The Norris-LaGuardia Act was implemented in the final days of the Coolidge
4.
benefits non-enjoinable.
T
The Norris-LaGuardia Act made both peaceful picketing and the payment of strike
5.
activity as a condition of employment.
T
The yellow-dog contract allowed managements to require nonunion membership or
6.
The NLRB is a legislative agency.
F
7.
The blacklisting of union sympathizers is illegal under the Norris-LaGuardia Act.
F
8.
desirable job assignments than nonunionists.
T
It is unlawful for employers to force employees who are union members to accept less
9.
membership as a condition of continued employment.
F
It has been unlawful since 1930 for an employer to demand renunciation of union
10.
Managers are not required to make concessions on mandatory subjects of
bargaining.
T
11.
Managers may refuse to bargain altogether on non-mandatory subjects of
bargaining.
T
12.
to supply the union with authoritative proof of this.
T
Managements claiming financial inability to honor union demands must stand ready
13.
Unions cannot force employers to bargain over plant cafeteria prices.
F
14.
Drug testing of current employees is not a mandatory bargaining subject.
F
15.
employee.
T
The NLRB can conduct a certification election if requested to do so by a single
16.
Unions win a majority of decertification elections.
F
17.
Employers can legally start the decertification process.
F
18.
F
The NLRB determines the majority status of unions through an election in about
19.
The Taft-Hartley Act is officially known as the National Labor Relations Act.
F
20.
The closed shop was essentially made illegal under the Taft-Hartley Act.
T
21.
Taft-Hartley enumerated five unfair labor practices that unions were prohibited
T
22.
her job should the union gain recognition.
T
Unions cannot legally tell an antiunion employee that the latter will lose his or
23.
of employees who fail to pay their initiation fees and periodic dues.
T
Under a valid union shop agreement, the union may lawfully demand the discharge
24.
Twenty-five states now have so-called “right–to–work” legislation.
F
25.
Dues checkoff arrangements are today provided for in slightly less than half of
all labor contracts.
F
26.
industrial bargaining units and establish their own unions.
T
Under certain circumstances the NLRB permits craft employees to break away from
27.
time within 48 hours of a representation election.
F
Under Taft-Hartley, employers may not hold a meeting with employees on company
28.
scheduled the employer must give to a regional director the names and addresses of
all employees who are eligible to vote in it.
T
The NLRB has ruled that within seven days after a representation election is
29.
Unions currently are losing a majority of decertification elections.
T
30.
The Railway Labor Act covers labor-management relations only on the railroads.
F
31.
F
32.
without intervention of the union.
F
Under Taft-Hartley, no employee can present grievances directly to the employer
33.
Taft-Hartley’s national emergency strike provisions remain unchanged to this day.
T
34.
Section 301 of Taft-Hartley deals with suits for violations of labor contracts.
T
35.
hospitals.
T
In 1974, Congress extended Taft-Hartley coverage to employees of private nonprofit
36.
The Landrum-Griffin Act greatly restricted the dues checkoff arrangement.
F
37.
Disclosure Act.
T
Landrum-Griffin is officially known as the Labor-Management Reporting and
38.
Under Landrum-Griffin, the NLRB chairman is charged with the investigation of
relevant union misconduct.
F
39.
members with a copy of the labor contract.
T
Under Landrum-Griffin, union officers are obligated to furnish each of their
40.
union positions for a period of up to thirteen years after conviction.
F
Under Landrum-Griffin, persons convicted of jury-tampering are barred from most
41.
All union officers today must be elected at least once every 3 years.
F
42.
Employers must at present annually report to the secretary of labor all management
expenditures directed at influencing employee collective bargaining behavior.
T
1.
A secondary boycott is defined as the exercise of economic pressure against one
company to force it to exert pressure on another company that is actually the subject
2.
Prior to the 1930s, the courts viewed their primary role as that of protecting
3.
Most of the provisions of the 1932 Norris-LaGuardia Act have been repealed through
4.
protected management rights.
F
The Norris-LaGuardia Act, although supportive of union activity, primarily
5.
important management weapon against union activity, was greatly curtailed.
T
Under the Norris-LaGuardia Act, use of the injunction, which had been an
6.
labor organizations by whatever means they could implement.
T
After passage of Norris-LaGuardia, employers generally remained at liberty to fight
8.
The courts have generally been reluctant to reverse NLRB decisions.
T
9.
locale for the purpose of frustrating union activity.
F
Under the Wagner Act, management is permitted to move a business to another
10.
are false, taking punitive action against that employee does not constitute an
employer unfair labor practice.
F
The courts have ruled that if an employer believes that charges filed by an employee
11.
necessary to allow the labor representative to bargain intelligently and effectively.
T
An employer must supply—upon union request—information that is relevant and
12.
Employers may take unilateral action on mandatory bargaining subjects, such as
13.
The problem of what constitutes mandatory bargaining issues has been clearly
14.
election.
T
If an employer expresses doubt that a majority of its employees has chosen to be
represented by any union at all, the NLRB is authorized to conduct a secret-ballot
15.
Employees may not seek to decertify a union during the length of a contract.
F
16.
The modern labor movement in this country can justifiably be said to have begun in
1935.
T
18.
The term closed shop refers to a work place where at least 85 percent of the
19.
The Wagner Act dealt with, among other issues, union unfair labor practices.
F
20.
performed.
T
Featherbedding is a situation where employers are required to pay for services not
21.
1991.
F
The Kennedy-Miller card check bell was first introduced in the U.S. Congress in
22.
The NLRB has held that a union’s requirement of a reinstatement fee for ex–
members that is higher than the initiation fee for new members is not
23.
employees against their labor organizations.
T
Framers of the Taft-Hartley Act recognized a need to protect the rights of individual
24.
security than the union shop.
F
Under Taft-Hartley, states are forbidden to pass legislation more restrictive of union
25.
F
26.
T
Under Taft-Hartley, any employee may present grievances directly to the employer
27.
F
Previous to Taft-Hartley, dues checkoff arrangements were legal only when an
28.
support of the other party’s candidate.
T
Under Taft-Hartley, union members who support one party’s candidate for political
office, have the right to have rebated the portion of dues spent by their union for
29.
strictly to collective bargaining.
T
In Communications Workers v Beck, the Supreme Court held that dues-paying
nonunion members can demand a rebate for any union expenditure not related
30.
F
Under Taft-Hartley, professional employees are to be represented by an organization
31.
immoral.
T
An employer, when faced with a representation election, is permitted to tell
employees that in his opinion, unions are worthless, dangerous to the economy, and
32.
restraints.
T
A captive-audience meeting is legal under Taft-Hartley, within certain time
33.
F
34.
Employers need furnish only the last names and initials of the first names of
F
35.
T
Under Taft-Hartley, employers may lock out their employees when an impasse
36.
F
Under the national emergency strike provisions of Taft-Hartley, if the President
feels a threatened strike will endanger an entire industry, he may authorize
37.
Taft-Hartley devoted attention to the internal affairs of unions.
T
38.
be construed as being legally enforceable.
T
Under Taft-Hartley, for the first time in American history, labor agreements were to
39.
damages assessed in court proceedings.
F
Under Taft-Hartley, individual members, as well as the union, may be liable for
40.
F
Private non-profit hospitals and nursing homes are expressly excluded from Taft–
41.
T
Over 80 percent of all private hospitals in the United States are not operated for
42.
The NLRB’s General Counsel is independent of the board.
T
44.
Passage of the Landrum-Griffin Act was a direct outgrowth of unsatisfactory
45.
Landrum-Griffin affirms the right of any union member to sue the organization once
46.
While protecting individual union members’ rights, Landrum-Griffin does not
47.
Under Landrum-Griffin, local unions must elect officers at least once every three
48.
Landrum-Griffin made it easier for national and international unions to place their
1. The Norris-LaGuardia Act
2. The Wagner Act’s employer unfair labor practices were deemed by Congress to be
3. When it has found that employees have been unlawfully discharged for union activities, the
NLRB has most frequently required
4. At present, mandatory subjects of bargaining include
5. If neither any union nor no union wins a majority of the votes cast in an NLRB
representation election,
6. The modern labor movement in this country can be said to have begun, in the textbook’s
opinion, in
7. The Taft-Hartley Act
8. Featherbedding is
9. Of all Taft-Hartley unfair union practices, the most difficult to interpret has been the ban on
10. Right-to-work legislation by individual states was authorized by Congress in
11. Under Taft-Hartley, the dues checkoff was
12. Employers may not hold a meeting with employees on company time
13. Under Taft-Hartley, employers may lock out their employees when a bargaining impasse
14. The first regulation of internal union affairs in American history took place in the
31
15. Labor-management agreements wherein the parties agree not to sue each other for contract
violations are
16. By the early twenty-first century, unions were winning
17. Slave labor act was a description that, in some quarters, was once given to the
18. Under Landrum-Griffin, international unions must now elect officers at least once every
19. Under Landrum-Griffin, local unions must elect officers at least once every
20. In its 1984 Bildisco Manufacturing decision, the Supreme Court unanimously ruled that
Multiple Choice # 2
1. The major weapon management used against labor organizations before 1932 was
2. Which of the following was not a motivation for passage of the Norris-LaGuardia Act of
1932?
3. When an employer promises to raise the wages of a worker if he/she will agree not to join a
union, the action is considered to be
4. If the NLRB or a court rules that an issue does not fall within the mandatory category of
bargaining
5. The following may not request a board-conducted representation election:
6. With passage of the Wagner Act, union membership
7. Under Taft-Hartley, the unfair employer practices enumerated in the Wagner Act
8. Passage of Taft-Hartley demonstrated the public’s
9. Which of the following is not considered a union unfair labor practice?
10. If a union member has a grievance, he/she may
11. The dues rebate policy, as interpreted by the Supreme Court in Beck was
12. Which of the following does not necessarily describe a professional employee under Taft-
Hartley?
13. Which of the following constitutes an unfair employer practice?
14. By 2008, the national emergency strike provisions of Taft-Hartley had been invoked _____
times.
15. Of the following sections of Taft-Hartley, which has had the least practical meaning (at least
until recently)?
16. Under the emergency strike provisions of Taft-Hartley
17. The last attempt at invoking the emergency strike provisions of Taft-Hartley was made by
18. AFL-CIO President John J. Sweeney consistently pointed out during the 2003-2007
Employee Free Choice Act controversy in Congress that this controversy was
19. Until 1974, employees of private nonprofit hospitals and nursing homes were
20. The NLRB’s 2006 Oakwood Healthcare decision involved
21. Under Taft-Hartley, the NLRB was
22. In Canada, where card checks are widely used, union membership is
23. The Landrum-Griffin Act of 1959 dealt with internal union affairs
24. Investigation of union misconduct under Landrum-Griffin is the responsibility of the
25. In the area of government intervention in labor relations, the trend seems to be that
Essay Questions
1. Was the Wagner Act in fact too one-sided in favor of labor, in your opinion, or was this kind
of allegation simply an emotional product of its highly charged times?
2. Why, do you think, was Taft-Hartley bitterly assailed as a slave labor act, and was this
charge even remotely justified? Give as many specifics as you can in supporting your answer.
3. Landrum-Griffin can be said to have marked the beginning of quite detailed regulation of
internal union affairs. Comment fully.
4. Using the major pieces of legislation discussed in this chapter as the focus of your answer,
analyze the relationship of government and labor relations during this period.
5. Discuss the five major employer unfair labor practices enumerated in the Wagner Act and
comment on the NLRB’s and the courts’ success in interpreting them.
6. Discuss the six major union unfair labor practices enumerated in the Taft-Hartley Act and
comment on the NLRB’s and the courts’ success in interpreting them.
7. Illustrate why the Landrum-Griffin Act and the other major pieces of labor relations
legislation have been referred to as the Lawyers’ Full Employment Act.
8. The rights of employees as individuals, as distinct from their rights as union members, is
addressed in the Taft-Hartley Act. Discuss the relevant provisions of the act that seek to
guarantee these rights.
9. If, as a member of Congress, you had a chance to vote for or against the Employee Free
Choice bill, how would you vote and why?
Term Paper Topics
1. The advisability of eliminating all post-1932 collective bargaining statutes and letting the
parties go back to the pre-Wagner Act law of the jungle.
2. Presidential use of Taft-Hartley’s national emergency strike provisions: Are there any
lessons to be learned?
3. Labor relations as a lawyer’s paradise: Is it any longer a field for a layman?
4. Decertification of labor unions: How far can employers go toward realizing this goal?
5. The influence of Ronald Reagan and George H.W. Bush on organized labor between 1981 and
1993.
6. The influence of Bill Clinton’s Presidency on organized labor.
7. Management’s replacement worker strategy after the air traffic controller strike: How potent
and how fair a weapon?
8. George W. Bush and organized labor.