Q&A Hero

Q: The Constitution's commerce clause allows the President to regulate interstate and foreign commerce.

Q: Where there is a conflict between state laws and federal laws, state laws will prevail since they better understand the immediate needs of their citizens.

Q: Under the notion of federalism, the United States is composed of 51 different legal systems.

Q: Each state has a constitution that is similar to the U.S. Constitution in the design of the government it provides.

Q: Statutory law varies from state to state.

Q: The Civil Rights Act of 1964 is an example of substantive law.

Q: Procedural law establishes rights and privileges.

Q: Substantive law comprises rules as to what cases a court can decide, how a trial is conducted, and how a judgment by a court is to be enforced.

Q: Mention the personnel who are exempt from the National Labor Relations Boards authority.

Q: How are union elections decided by cards? Are such elections recognized by employers?

Q: Union carpenters refused to work for a brewing company. They also refused to be involved in the construction work that was carried out in the company and for its adjoining tenant. They attempted to persuade members of other unions similarly to refuse to work, and picketed the brewers premises, displaying signs that read Unfair to Organized Labor. In this case, are the actions of the employees protected from federal prosecution?

Q: Nearly three-quarter of a million professionals such as teachers, immigration officials, court workers, and other unionized civil servants were on a strike. These workers were protesting harsh austerity policies by the American government that asked poor and middle class Americans to sacrifice in the form of pension costs and pay cuts, but left the rich largely untouched. In this case, can the strike be enjoined by the federal courts?

Q: What are compulsory bargaining issues? How are such issues classified?

Q: What does the general counsel of the National Labor Relations Board supervise?

Q: What are the key provisions of the Wagner Act?

Q: What is a union? Are unions good as a concept?

Q: How did the Clayton Act affect the balance of the bargaining power between labor and management?

Q: Which act established the National Mediation Board? What are its primary functions?

Q: List the specific acts of persons and organizations that are not subject to federal court injunctions as listed by the Norris-LaGuardia Act.

Q: United Workers called a strike at the Manfield Coal Company. The impoverished mine workers quickly caved and asked to be rehired. The mine owners agreed to rehire them on one condition. The workers had to surrender their union charter and agree to a company union. The management made it a condition of employment that employees agree not to join a labor union. In this case, what type of contract are the mine workers asked to sign?

Q: A union of American fishermen was peacefully picketing a foreign ship operated entirely by a foreign crew in an American port. They were protesting to prevent the ship from unloading its cargo in the port. Does the federal court have the power to issue injunctions in this case?

Q: What is collective bargaining? When is collective bargaining successful?

Q: Picketing to force an employer to recognize an uncertified union is an unfair labor practice when A. the employer has refrained from recognizing another union as the collective bargaining agent of its employees. B. it has been conducted with an aim to prevent secondary boycotts. C. a valid representation election has been conducted by the National Labor Relations Board within the past 12 months. D. it has been conducted for an unreasonable time, in excess of 10 days. E. it has been conducted with a petition for a representation election being filed with the National Labor Relations Board.

Q: It is an unfair labor practice to picket to force an employer to recognize an uncertified union when A. it has been conducted for an unreasonable amount of time, in excess of 30 days. B. it has been more than a year since a valid representation election has been conducted by the National Labor Relations Board. C. the members of the uncertified union have signed a hot-cargo contract. D. the members of the uncertified union have signed a yellow-dog contract. E. the employer has not recognized a union as the collective bargaining representative of its employees.

Q: The Landrum-Griffin Act is also known as the ______. A. National Labor Relations Act B. Labor-Management Reporting and Disclosure Act C. Railway Labor Act D. Employment Bill of Entitlements Act E. Federal Arbitration Act

Q: The Landrum-Griffin Act prohibits ______. A. secondary boycotts B. strikes C. lockouts D. yellow-dog contracts E. whistleblowing

Q: The dispute in a jurisdictional strike is between A. an employee and a union. B. two employees. C. the national and local chapters. D. two unions. E. the government and a union.

Q: ______ are used to force an employer to assign work to employees in one craft union rather than another. A. Hot-cargo contracts B. Union security clauses C. Yellow-dog contracts D. Jurisdictional strikes E. Vertical restraints

Q: Which of the following statements is true of jurisdictional strikes? A. They are legal only if it is between a union member and management. B. They involve more than one employer. C. They are unfair labor practices. D. They are a fair way for unions to gain bargaining position. E. They help employers to rein in erring unions.

Q: A ______ is one in which an employer voluntarily agrees with a union that the employees should not be required by their employer to handle or work on goods or materials going to or coming from an employer designated by the union as unfair. A. yellow-dog contract B. hot-cargo contract C. voluntary arbitration contract D. union clause E. take-it-or-leave-it demand

Q: Mike is an employee at JVV Corp. The company is located in a right-to-work state. Which of the following statements is true in this case? A. The union must still collect a non-association fee from Mike. B. Mike is required to pay representation fees to the union. C. Mike is outside the purview of the collective bargaining agreement. D. The union must handle Mikes grievances, if any, with the management. E. Mike has to enter into an agreement requiring membership in a union as a condition of continued employment.

Q: Which of the following statements is true of suits against unions? A. Individuals who violate no-strike provisions of a collective bargaining contract can be sued for action. B. A labor organization may not be sued for the acts of its agents. C. Members may not recover the money damages they suffer because of an illegal strike. D. If a union activity is both an unfair labor practice and a breach of a collective bargaining agreement, National Labor Relations Boards authority is not exclusive. E. Since workers can bargain individually when represented by a union, the union has an implied duty of fair representation to act reasonably, with honesty of purpose, and in good faith.

Q: Which of the following statements is true of the Taft-Hartley Act? A. It provides that suits for breach of a contract between an employer and a labor organization can be filed in the federal district courts. B. It allows individuals to be sued for violating no-strike provisions of a collective bargaining contract. C. It created the National Labor Relations Board to administer the act. D. It established and defined six unfair labor practices by employers. E. It authorized the National Labor Relations Board to conduct hearings on unfair labor practice allegations.

Q: Which of the following statements is true of a local union? A. It can be sued for failing to enforce the international unions constitution and bylaws. B. It can disregard national bylaws if the local membership has voted to do so. C. It is bound by international bylaws only if they are unanimously approved by its members. D. It cannot be sued by anyone except the national union of which it is a part. E. It can sue a member of the union for not bargaining individually when represented by the union.

Q: Which of the following statements is true of unions? A. They represent all employees in the bargaining unit, including those who are nonunion. B. They represent only those members of a bargaining unit who pay dues. C. They can by sued only by the employees for a breach of contract and not by the employers. D. They cannot represent those who are nonunion in bargaining. E. They can sue a union member for not bargaining individually when represented by the union.

Q: A place of employment that requires a person to be a union member before applying for a job is said to be a(n) ______. A. limited access shop B. open shop C. closed shop D. mandatory membership shop E. agency shop

Q: One of the major changes brought about by the Taft-Hartley Act was the outlawing of the ______. A. union shop B. open shop C. closed shop D. hot-cargo contract E. yellow-dog contract

Q: ______ laws prohibit agreements requiring membership in a labor organization as a condition of continued employment of a person who was not in the union when hired. A. Right-to-work B. Right-to-wage C. Right-to-union D. Right-to-choice E. Right-to-information

Q: Denver Crate Universitys faculty is unionized. The faculty wants increased wages. When the University refuses to bargain on wages, they vote to strike. Which of the following statements is true under the Taft-Hartley Act? A. A 60-day cooling-off period would apply in this situation. B. The faculty union cannot strike if the University gives them a reason for not increasing their wages. C. The faculty has violated the Taft-Hartley Act by striking for an increase in wages. D. A cooling-off period would not be applicable in this situation. E. The faculty would be held guilty of precipitating a state of national emergency.

Q: Lois has applied for a job at OneStop Everyday Market, a grocery store chain. She is told that after thirty days she is required to join the union representing the employees of OneStop. In this case, OneStop Everyday Market is a(n) ______. A. agency shop B. union shop C. right-to-work shop D. sweatshop E. open shop

Q: In classifying collective bargaining subjects, especially in the area of terms or conditions of employment, courts tend to defer to the special expertise of the ______. A. Department of Labor B. Department of Commerce C. National Labor Relations Board D. Federal Trade Commission E. Department of the Interior

Q: Which of the following statements is true of compulsory bargaining issues between an employer and the employee union? A. In-plant food and related services are not compulsory bargaining issues. B. Wages are compulsory subjects, while bonuses are not. C. Courts tend to defer to the Department of Labor in classifying collective bargaining subjects, especially in the area of terms or conditions of employment. D. Under no circumstances can parties take steps that are against best interests of the other party. E. Neither the employer nor the union must make concessions to the other concerning a mandatory subject of bargaining.

Q: The Labor-Management Relations Act was enacted in 1947 to amend the Wagner Act to A. ensure that employers support unions by providing them with facilities. B. limit management retaliation for unionization. C. balance the bargaining power between employers and unions. D. strengthen antitrust laws. E. establish a federal minimum wage.

Q: The Taft-Hartley Act provides injunction power against A. all strikes and lockouts that involve private employees. B. all strikes and lockouts that create a national emergency. C. all strikes and lockouts that involve the interstate sale of goods. D. shutdown of companies in cases involving natural disasters. E. mass layoffs by companies in cases involving right sizing.

Q: Congress authorized the Federal Mediation and Conciliation Service to help achieve the goals of the ______. A. Clayton Act B. Sherman Act C. Wagner Act D. Taft-Hartley Act E. Comstock Act

Q: ______ are those issues concerned with wages, hours, and other terms and conditions of employment. A. Voluntary bargaining issues B. Optional bargaining issues C. Secondary bargaining issues D. Compulsory bargaining issues E. Alternative bargaining issues

Q: The National Labor Relations Board consists of ______. A. four members B. seven members C. nine members D. five members E. three members

Q: Which of the following statements is true of the certification of a union through cards? A. Employers do not have the option to insist on an election. B. Employers do not need to recognize the union based on a majority card showing. C. Under no circumstances can cards substitute for an election. D. The general counsel of the National Labor Relations Board needs to prove that the employees read the cards. E. The certification of a union through cards takes place by secret ballot.

Q: Under the Wagner Act, any organization of employees must A. be completely independent of their employers. B. be approved by their employers. C. have an established meeting place at their place of employment. D. have equal access to company equipment and support staff. E. be established on the recommendation of the Department of Labor.

Q: Which of the following actions by an employer is an unfair labor practice under the Wagner Act? A. remaining neutral when there is a controversy between competing unions B. refusing to support a union by giving it a meeting place C. refusing to permit a union to use its telephone D. threatening to cut back on employee benefits if employees succeed in unionizing E. refusing to encourage membership in a labor organization

Q: Which of the following statements is true of elections to certify unions? A. They are public and open to any employee. B. They are by secret ballot. C. They are supervised by state-appointed labor representatives. D. The employer decides what unit of employees is appropriate for the purposes of collective bargaining. E. The employees decide who are entitled to vote in the elections.

Q: After a National Labor Relations Board certification election, another is not permitted for ______. A. five years B. four years C. three years D. one year E. two years

Q: In 1935, the labor movement received its greatest stimulus for growth with the enactment of the ______. A. National Labor Relations Act B. Labor-Management Relations Act C. Norris-LaGuardia Act D. Sherman Act E. Clayton Act

Q: Which of the following agencies has been granted the authority to conduct quasi-judicial hearings to investigate and enforce sanctions if unfair labor practices occur? A. Federal Labor Relations Authority B. National Mediation Board C. National Credit Union Administration D. National Labor Relations Board E. Federal Mediation and Conciliation Service

Q: The members of the National Labor Relations Board are appointed by the ______. A. Federal Trade Commission B. president C. Senate D. general counsel E. Department of Labor

Q: Which of the following personnel are exempt from the authority of the National Labor Relations Board? A. persons covered by the Wagner Act B. persons covered by the Norris-LaGuardia Act C. persons covered by the Railway Labor Act D. persons covered by the Clayton Act E. persons covered by the Sherman Act

Q: The National Labor Relations Board conducts certification elections upon receipt of a petition signed by at least ______. A. 40 percent of the employees B. 60 percent of the employees C. 30 percent of the employees D. 70 percent of the employees E. 10 percent of the employees

Q: Congress gave the National Labor Relations Board jurisdiction over A. governmental employees. B. businesses and persons covered by the Railway Labor Act. C. agricultural laborers. D. any business affecting commerce. E. independent contractors.

Q: Which of the following statements is true of the Norris-LaGuardia Act? A. It restricts the use of federal court injunctions in labor disputes. B. It limits the jurisdiction of state courts in issuing injunctions. C. It bars the issue of an injunction to enjoin illegal strikes. D. It permits federal court injunctions against persons striking or quitting work. E. It permits federal court injunctions against paying unemployment benefits to participants in a labor dispute.

Q: The Wagner Act is also known as the ______. A. Labor-Management Relations Act B. National Labor Relations Act C. Railway Labor Act D. Right-to-work Act E. Federal Arbitration Act

Q: ______ authorized the National Labor Relations Board to hold hearings on unfair labor practices and correct wrongs resulting from them. A. The Railway Labor Act B. The Wagner Act C. The Sherman Act D. The Clayton Act E. The Federal Arbitration Act

Q: Congress explicitly affirmed labors right to organize and to bargain collectively with the enactment of the ______. A. Wagner Act B. Taft-Hartley Act C. Norris-LaGuardia Act D. Clayton Act E. Comstock Act

Q: Which of the following statements is true of the collective bargaining process of the National Mediation Board (NMB)? A. A period of six months is stipulated for a special emergency board to make recommendations for settlement. B. It prohibits mandatory arbitration. C. The special emergency board appointed by the NMB lacks judicial power. D. It is mandatory for parties to comply with a special emergency boards proposals. E. The NMB considers strikes by workers as illegal if no new collective bargaining agreement is reached after a 60-day period.

Q: In strikes that imperil national health or safety, the Taft-Hartley Act provided for a(n) ______. A. 80-day cooling-off period B. 70-day cooling-off period C. 50-day cooling-off period D. 30-day cooling-off period E. 20-day cooling-off period

Q: Which of the following is a major provision of the Landrum-Griffin Act? A. It governs collective bargaining for railroads and airlines. B. It authorized the National Labor Relations Board to conduct union certification elections. C. It provided for an 80-day cooling-off period in strikes that imperil national health or safety. D. It created the Federal Mediation and Conciliation Service to assist in the settlement of labor disputes. E. It created a Bill of Rights for union members.

Q: The National Mediation Board was established by the ______. A. Railway Labor Act B. National Labor Relations Act C. Clayton Act D. Sherman Act E. Child Labor Act

Q: Passed in 1932, the ______ made yellow-dog contracts illegal. A. Clayton Act B. Norris-LaGuardia Act C. Wagner Act D. Sherman Act E. Comstock Act

Q: Employee agreements not to join labor unions as a condition of employment were known as ______. A. anti-fraternization contracts B. yellow-dog contracts C. anti-socialization contracts D. featherbedding contracts E. free rider contracts

Q: The National Mediation Board, established by the Railway Labor Act, consists of ______. A. three members B. four members C. two members D. nine members E. five members

Q: Which of the following acts allowed states to enact right-to-work laws? A. Taft-Hartley Act B. Landrum-Griffin Act C. Wagner Act D. Norris-LaGuardia Act E. Clayton Act

Q: Between 1890 and 1914, labor unions were weak in their ability to represent employees as management argued that employees acting together were restraining trade illegally under the ______. A. Taft-Hartley Act B. Wagner Act C. Norris-LaGuardia Act D. Clayton Act E. Sherman Act

Q: Which of the following acts resolves labor disputes in airlines? A. Taft-Hartley Act B. Wagner Act C. Norris-LaGuardia Act D. Clayton Act E. Railway Labor Act

Q: A union member may sue a local union for failing to enforce the international unions constitution and bylaws.

Q: Causing an employer to pay for work not being performed is called featherbedding.

Q: The largest union in the United States is the ______. A. American Federation of Labor and Congress of Industrial Organizations B. United Auto Workers C. Teamsters Union D. National Education Association E. Industrial Workers of the World

Q: The Clayton Act of 1914 was passed principally to A. force employers to pay a minimum wage. B. ensure shorter work weeks. C. strengthen the antitrust laws. D. establish the National Labor Relations Board. E. enable management control over workers.

Q: The first federal statute of any importance to the labor movement is the ______. A. Clayton Act B. Railway Labor Act C. Norris-LaGuardia Act D. Wagner Act E. Taft-Hartley Act

Q: Individuals can be sued for violating the no-strike provisions of a collective bargaining contract.

Q: The injunction provided for in the Taft-Hartley Act is applicable to all strikes.

Q: Workers in right-to-work states who do not belong to a union are still required to pay representation fees to the union.