Management Chapter 6 Items Are Subjects That Must Bargained

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Chapter 6: Negotiating a Collective Bargaining Agreement

1. ________ items are subjects that must be bargained in good faith, if either party so requests.

If one party insists on its inclusion, the other party cannot refuse to discuss it.

a. Throwaway

b. Mandatory

c. Permissive

d. Big-ticket

2. Which of the following is a permissive subject for collective bargaining?

a. preferential hiring

b. rates of pay

c. hours of employment

d. employee surveillance

3. Which of the following subjects must be negotiated during collective bargaining if one of the

parties requests its inclusion?

a. pension benefits of retired employees

b. membership of the bargaining team

c. separation of employees by race

d. hours of employment

4. ________ is an illegal subject for collective bargaining.

a. Overtime pay

b. Union security

c. Discriminatory treatment

d. Alcohol and drug testing

5. According to the NLRB, the phrase “conditions of employment” refers to ________.

a. direct, immediate economic benefits flowing from the employment relationship

b. terms under which employment status is given or withdrawn

c. employee requirements for pensions, bonuses, and severance pay

d. the physical working conditions prevailing at the employment site

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6. Which of the following aspects of employment is included under employment security?

a. lunch periods

b. arbitration procedures

c. promotions

d. dress codes

7. Which of the following aspects of employment is included under the management–union

relationship?

a. lunch periods

b. arbitration procedures

c. promotions

d. job-bidding procedures

8. With reference to collective bargaining, which of the following statements is TRUE

regarding a permissive item?

a. If either party involved in collective bargaining requests to include a permissive item in the

bargaining then that factor must be bargained in good faith.

b. A legal impasse in negotiations occurs only when the parties cannot agree on a permissive

issue.

c. Severance pay is a permissive item for collective bargaining.

d. If one party refuses to negotiate a permissive item, the other party cannot claim bad-faith

bargaining.

9. Both parties must agree for ________ subjects to be bargained.

a. mandatory

b. illegal

c. permissive

d. severability

10. According to the ________ clause, if a term in the contract is deemed unenforceable by a

court, the contract as a whole will not be deemed unenforceable.

a. opener

b. severability

c. no-lockout

d. union security

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11. Which of the following terms refers to a work stoppage by a number of employees caused by

a disagreement with management over certain issues such as contract negotiations,

grievances, or unfair labor practices?

a. lockout

b. whistleblowing

c. impasse

d. strike

12. Which of the following is TRUE of strikes?

a. A strike may only be called when there is a genuine inability to reach an agreement.

b. All employees, both in the public as well as private sector, have the right to strike.

c. The right to strike is expressly provided by the National Labor Relations Act.

d. All public sector employees are banned from striking by law.

13. The ________ model suggests that strikes occur because of bargaining errors, such as

unrealistic expectations by union or management leaders, misperception of bargaining goals,

or a substantial difference between union negotiators and their rank-and-file membership.

a. accident

b. interdependency

c. distributive

d. equity

14. A strike called by a union for economic reasons to achieve its bargaining objectives is known

as a(n) ________ strike.

a. unfair labor practice

b. reciprocal

c. primary

d. severability

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15. Under the National Labor Relations Act, an “unfair labor practice strike” could be called to

________.

a. demand higher wage rates

b. protest an employer’s discrimination against a union member

c. affect the noneconomic package of a contract under negotiation

d. air any employee grievance

16. Which of the following statements is definitely TRUE of economic strikes?

a. An economic strike is called to protest an employer’s violation of the National Labor

Relations Act.

b. Employees are entitled to reinstatement after an economic strike even if the employer has

filled their positions.

c. If workers stage a strike because a union member is fired for union activities then it will be

considered as an economic strike.

d. Strike misconduct by a worker during an economic strike can disqualify the worker from

reinstatement.

17. A________ is a strike technique that moves a strike against an employer from location to

location so that hiring replacement workers becomes more difficult.

a. lockout

b. rolling strike

c. closed shop

d. cheap rider

18. According to the ________ doctrine, an employer can replace striking workers with

permanent workers unless it is determined that the strike was an unfair labor strike. Striking

workers who apply for reinstatement may be placed on a waiting list and hired as jobs

become available.

a. Holland

b. Herzberg

c. Mackay

d. Weiner

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19. A procession of union members or union supporters staging a public protest concerning a

labor dispute is known as a ________ line.

a. picket

b. banner

c. bracket

d. lockout

20. If an employer withholds employment to resist union demands with the help of layoffs,

shutting down, or bringing in nonunion workers, it is known as a(n) ________.

a. strike

b. lockout

c. impasse

d. deadlock

21. Employer lockouts can be in violation of the National Labor Relations Act as an unfair labor

practice if they are invoked to prevent ________.

a. economic losses

b. negotiations related to preferential hiring

c. unionization

d. operational difficulties

22. ________ is a voluntary process selected by both parties to assist them in moving beyond

impasse to a settlement. This process involves a neutral third-party who does not have any

decision making power.

a. Mediation

b. Operant conditioning

c. Arbitration

d. Reciprocal logrolling

23. Which of the following statements is TRUE of mediation?

a. A mediator has decision-making powers.

b. Mediation takes place in public forums.

c. A mediator cannot be required to testify in court.

d. Mediation guarantees the settlement of a dispute.

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24. As it offers confidentiality and takes place in a private forum, ________ is generally

preferred over other methods of dispute resolution and about 85 percent of labor–

management grievance disputes are resolved through it.

a. grievance arbitration

b. mediation

c. interest arbitration

d. picketing

25. Which of the following statements is TRUE regarding arbitration?

a. Arbitration takes place in a private forum.

b. An arbitrator can render a binding decision.

c. Arbitration does not involve a third party.

d. An arbitrator cannot be required to testify in court.

26. ________ contracts required that the employees should agree not to join unions in order to

get hired. These contracts are considered illegal now.

a. Check-off

b. Open shop

c. Yellow-dog

d. Severability

27. A ________ is a contract provision requiring that the employer deduct union dues directly

from union employee paychecks. The collected dues are then deposited in the union treasury.

a. check-off

b. union shop

c. lockout

d. closed shop

28. Which of the following terms refers to a union security provision that all new employees

must become union members in good standing?

a. agency shop

b. closed shop

c. union shop

d. open shop

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29. A closed shop is a union security arrangement ________.

a. by which the workers within a bargaining unit may decide whether to join a union

b. that requires all new employees to become union members in good standing

c. by which union members are expected to pay only that portion of the union’s dues that

represent the cost of bargaining and representation

d. that requires employers to hire only union members

30. Which of the following forms of union security is outlawed by the Taft-Hartley

Amendments?

a. closed shop

b. agency shop

c. open shop

d. union shop

31. A(n) ________ shop provides that within a specific period of time, usually 30 to 90 days, an

employee must join the union (full or limited membership) to continue the job with the

employer.

a. agency

b. open

c. closed

d. union

32. A union hiring hall provision requires an employer to ________.

a. hire only those employees who are willing to join the union

b. collect the union dues using the check-off provision

c. hire employees referred by the union

d. fire a worker if he or she does not obey the union membership rules

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33. The maintenance of membership provision requires ________.

a. an employer to hire employees referred by the union, provided the union can supply a

sufficient number of applicants

b. that within a specific period of time, usually 30 to 90 days, an employee must join the union

(full or limited membership) to continue the job with the employer

c. workers to pay only that portion of the union’s dues that represented the cost of bargaining

and representation

d. those who are union members at the time a union contract is entered into to remain union

members, but only for the duration of the agreement

34. ________ are employees who are in a unit represented by a union and are covered by a

collective bargaining agreement, but do not join the union.

a. Early adopters

b. Free riders

c. Boundary spanners

d. Cheap riders

35. The reserved rights theory generally contends that ________.

a. the union has only those rights that are specifically mentioned in the contract

b. management retains all rights except those it has expressly agreed to share with or relinquish

to the union

c. the management has only those rights that are specifically mentioned in the contract

d. the union obtains all rights that are not specifically prohibited by the management through a

written contract

True/False

36. For industrial unions, international union representatives have no official status during local

negotiations.

37. A legal impasse in negotiations can occur only when the parties cannot agree on a permissive

issue.

38. The employer can, if there is a bona fide impasse, unilaterally implement its final offer to the

union.

39. Partial plant closings or other “going-out-of-business” decisions are subjects of mandatory

bargaining.

40. Hours of employment and rates of pay are mandatory subjects for collective bargaining.

41. Preferential hiring is a permissive subject for collective bargaining.

42. Alcohol and drug testing is a mandatory subject for collective bargaining.

43. Union security is an illegal subject for collective bargaining.

44. Subjects deemed illegal by the act or the NLRB may not be proposed for discussion and,

even if agreed to by both parties, would not be enforced by any court.

45. A severability clause allows for the terms of the contract to be independent of one another, so

that if a term in the contract is deemed unenforceable by a court, the contract as a whole will

not be deemed unenforceable.

46. Strikes are illegal in the private sector.

47. The right to strike is one of the rights made available to employees expressly provided by the

National Labor Relations Act.

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48. Employees are entitled to reinstatement after an economic strike even if the employer has

filled their positions.

49. After an unfair labor practice strike, the employee is not entitled to reinstatement if the

employer filled the job with a permanent employee during the strike.

50. A rolling strike is a strike technique used by unions that moves a strike against an employer

from location to location so that hiring replacement workers becomes more difficult.

51. Employers can grant pay raises to replacements not offered to strikers.

52. According to the NLRB rule, workers on strike for over one year are not eligible to vote in a

decertification election.

53. Lockouts cannot be used in labor disputes.

54. Employer lockouts can be in violation of the National Labor Relations Act as an unfair labor

practice if they are invoked to preclude collective bargaining before it begins.

55. Employer lockouts can be in violation of the National Labor Relations Act as an unfair labor

practice if they are invoked to prevent unionization.

56. In defensive actions, employers are justified in a lockout if a threatened strike caused unusual

economic loss or operational difficulties.

57. Offensive economic lockout is justified if the lockout was used to pressure employees to end

the labor dispute on grounds favorable to the employer.

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58. Permanent replacements may only be hired during a lockout to affect the economic outcome

of a contract under negotiations if the lockout is a result of an unfair labor practice by the

employer.

59. The use of replacement workers during a lockout is governed by the same rule as using

replacements during a strike.

60. Mediators have decision making powers in a dispute.

61. Labor negotiators generally prefer to use arbitration in resolving a contract negotiation

impasse because then they can control the outcome of the process.

62. Fact-finding is a semi-judicial method of dispute resolution, which is primarily used in the

public sector.

63. The “open shop” provision is outlawed by the Taft-Hartley Amendments.

64. Employees can petition the NLRB to hold a deauthorization poll in which they can vote to

revoke a union shop clause.