HRM340 ch. 4 – Flashcards
Unlock all answers in this set
Unlock answersquestion
Which of the following is not a goal of U.S. labor law? A. To balance efficiency, equity, and voice. B. To strike a balance between property rights and labor rights. C. To create a peaceful means for settling labor and employer disputes. D. To ensure that property and individual rights are given precedence over labor's rights.
answer
To ensure that property and individual rights are given precedence over labor's rights.
question
Which of the following is not common law? A. Conspiracy doctrine. B. Breach of contract. C. Property rights. D. Antitrust laws.
answer
Antitrust laws.
question
Which of the following statements is true: A. Common law is a body of laws based on customs, traditions, and judicial precedent rather than on legislative statute. B. Common law and business law are essentially the same concepts. C. Labor law and employment law are essentially the same concepts. D. Statutory law is a body of laws based on customs, traditions, and legislative statute.
answer
Common law is a body of laws based on customs, traditions, and judicial precedent rather than on legislative statute.
question
Which of the following is not a category of statutory law? A. Business law. B. Labor law. C. Common law. D. Employment law.
answer
common law
question
In 1806, a group of Philadelphia shoemakers was convicted of ____________________ for joining together and refusing to work unless their terms were met. A. Illegal assembly. B. Tyranny. C. Unpatriotic actions. D. Illegal conspiracy.
answer
Illegal conspiracy.
question
Which statement best describes the significance of the 1842 court case, Commonwealth vs. Hunt? A. It legitimized the injunction. B. It established the conspiracy doctrine. C. It stated that neither the ends of labor unions nor the means to achieve those ends were legal. D. It declared that unions were not necessarily unlawful conspiracies.
answer
It declared that unions were not necessarily unlawful conspiracies.
question
An injunction is: A. A court-ordered restraint on action to prevent harm or damage to someone else. B. A charge of conspiracy against the government. C. The right of an employer to fire any employee, at any time. D. A rule that prohibits union organizing.
answer
A court-ordered restraint on action to prevent harm or damage to someone else. B. A charge of co
question
Between 1880 and 1930, injunctions were commonly used for all of the following except to stop, limit, or prohibit: A. Picketing during strikes. B. The use of yellow dog contracts. C. Employees from striking. D. Employees from unionizing.
answer
The use of yellow dog contracts.
question
Injunctions were effective at stopping unionization for all of the following reasons except: A. Unions spent a lot of money on legal fees trying to fight them. B. They decreased public support for strikers by branding them as lawbreakers. C. They gave management the right to move their operations to other nonunion locations. D. They demoralized union organizers and strikers by creating fear and confusion.
answer
They gave management the right to move their operations to other nonunion locations.
question
Which of the following was not a problem associated with the use of injunctions? A. Because of the broad interpretation of property rights, almost any union action could be considered to interfere with business and therefore be subject to the injunction. B. Judges did not grant injunctions against businesses even when it was clear that one company was threatening another. C. The use of the injunction could only be applied to damage of physical property such as the factory, equipment, land, etc. D. Judges harsh treatment of unions seemed to demonstrate that they were biased against unions and applied harsher standards with regard to their behavior.
answer
The use of the injunction could only be applied to damage of physical property such as the factory, equipment, land, etc.
question
A yellow dog contract is A. A promise by a worker to join a union B. A promise by a worker not to join or support a union C. A secondary boycott against an employer because they have violated a contract D. A cease and desist order from the court
answer
A promise by a worker not to join or support a union
question
Injunctions were applied: A. To stop unions from organizing workers where yellow dog contracts were in place. B. To stop workers from signing yellow dog contracts. C. To stop management from signing yellow dog contracts. D. To stop management from interfering with unions that had signed yellow dog contracts.
answer
To stop unions from organizing workers where yellow dog contracts were in place.
question
The Sherman Antitrust Act of 1890 was passed to: A. Break up monopolies and trusts that had come to dominate entire industries toward the end of the 1800s. B. Break up increasingly powerful national unions that were forming toward the end of the 1800s. C. Discourage unions and management from placing too much trust in the promises they made to each other. D. Legalize yellow dog contracts.
answer
Break up monopolies and trusts that had come to dominate entire industries toward the end of the 1800s.
question
The Sherman Antitrust Act of 1890 explicitly states that unions are: A. Conspiracies B. Monopolies C. Illegal D. None of the above
answer
none of the above
question
The Clayton Act of 1914 was significant because: A. It explicitly exempts labor unions from the Sherman Antitrust Act of 1890. B. It is the first legislation to give labor unions the right to exist. C. It outlawed all activities of unions, including organizing, picketing and striking. D. It was effective in protecting unions' rights to picket and strike.
answer
It is the first legislation to give labor unions the right to exist.
question
Between 1890 and 1932, a legal view emerged that unions: A. Were illegal because they interfere with free trade. B. Were unconstitutional because they violate First Amendment rights. C. Were legitimate but should be controlled by legal regulation to make sure they are serving the public interest. D. Were necessary to a free, democratic society.
answer
Were legitimate but should be controlled by legal regulation to make sure they are serving the public interest.
question
According to Samuel Gompers and the AFL, the right to unionize, strike, and boycott stemmed from: A. Individual liberty and freedom. B. Property rights. C. Rights granted to incorporated organizations. D. Legal precedent.
answer
individual liberty and freedom
question
The Norris-LaGuardia Act of 1932 protected unionization by: A. Limiting the ability of courts to interfere in union organizing activities. B. Granting the courts the right to issue injunctions against employers who interfered with union organizing activities. C. Defining unfair labor practices of employers. D. Creating a Mediation Board to help settle disputes between labor and management.
answer
Limiting the ability of courts to interfere in union organizing activities.
question
Which of the following was not part of the Norris-LaGuardia Act of 1932? A. It made yellow dog contracts unenforceable. B. It ended the criminal conspiracy doctrine applied to labor unions. C. It forbade federal courts from issuing injunctions that interfere with strikes and peaceful picketing. D. It granted unions the right to organize and bargain collectively with an employer.
answer
It granted unions the right to organize and bargain collectively with an employer.
question
The National Industrial Recovery Act in 1933 contained a public works program to create jobs and a framework for establishing industry codes of ____________________. A. Product standards. B. Collusion. C. Fair competition. D. Ethics.
answer
fair competition
question
The industrial relations school was instrumental in establishing the foundations for legal treatment of unions as: A. Independent organizations that should be beyond government control. B. Voluntary organizations that should be beyond government control. C. Illegal organizations that impeded free trade. D. Legally sanctioned organizations with rights and obligations determined by the government.
answer
Legally sanctioned organizations with rights and obligations determined by the government.
question
The National Industrial Recovery Act of 1933 was declared unconstitutional because: A. It granted presidents too much authority and control over codes of fair competition. B. It granted unionization rights to workers that were contrary to civil liberties. C. It encouraged workers to engage in aggressive unionization tactics. D. It did not grant employers the same rights as workers
answer
it granted presidents too much authority and control over codes of fair competition.
question
The Railway Labor Act of 1926 applies to all of the following except: A. Workers in the railway industry. B. Workers in the airline industry. C. Workers in the trucking industry. D. All of the above are covered under the Railway Labor Act.
answer
Workers in the trucking industry.
question
As it was passed in 1926, the Railway Labor Act did all of the following except: A. Provide government mediation of bargaining disputes. B. Provide a forum for resolving grievance disputes. C. Protect the right of workers to join unions. D. Require that employers recognize a union chosen by the employees.
answer
Require that employers recognize a union chosen by the employees.
question
The significance of the Railway Labor Act is that it: A. Was declared unconstitutional and was seen as a major blow to the labor movement. B. Set the stage for national legislation that protected workers rights to unionize and bargain collectively. C. Was the first major piece of labor legislation to require collective bargaining in all industries. D. All of the above.
answer
Set the stage for national legislation that protected workers rights to unionize and bargain collectively.
question
The Wagner Act of 1935 is grounded in which of the following principle beliefs regarding conflict? A. Conflict between management and labor is unnatural and should be avoided at all costs. B. Conflict between management and labor is inevitable and collective bargaining between equal partners is the preferred method for resolving disputes. C. Conflict between management and labor is inevitable because of class and social differences. D. Collective bargaining should be necessary only in extreme cases of employer abuse.
answer
Conflict between management and labor is inevitable and collective bargaining between equal partners is the preferred method for resolving disputes
question
According to the mainstream economics school of thought, the Wagner Act of 1935: A. Encouraged conflict to develop between management and labor. B. Could not adequately challenge the power of management. C. Protected the monopoly power of labor. D. Was benign in its effect and would not significantly change labor-management relations.
answer
Protected the monopoly power of labor.
question
Under the Wagner Act of 1935, an employer has a legal obligation to do all of the following except: A. Bargain with a duly elected representative of the employees. B. Make concessions in response to union demands during a bargaining session. C. Refrain from punishing employees who ask for better wages, hours, and working conditions. D. Refrain from coercing employees to vote "no" in a union election.
answer
Make concessions in response to union demands during a bargaining session.
question
The Wagner Act established all of the following principles in labor relations except: A. Exclusive representation. B. Secret ballot elections. C. Unfair labor practices. D. Exclusive jurisdiction.
answer
exclusive jurisdiction
question
When it comes to union rights, the Wagner Act of 1935 was an improvement over previous legislation for all of the following reasons except: A. It created an independent agency to enforce the Act. B. It granted the right of exclusive representation for unions with majority support. C. It allowed the courts to issue fines against employers who violated the Act. D. It prohibited specific unfair labor practices by employers.
answer
It allowed the courts to issue fines against employers who violated the Act.
question
The concept of exclusive representation was intended to protect workers from the influence or dominance of: A. Competing unions. B. Company dominated unions. C. Unscrupulous union leaders. D. Worker infighting.
answer
company dominated unions
question
Which of the following is not protected activity of employees under Section 8 of the NLRA? A. The right to strike. B. The right to vote in a union election without fear of coercion. C. The right to refuse to bargain with an employer over wages, hours, and working conditions. D. The right to engage in concerted activities for mutual aid and protection.
answer
The right to refuse to bargain with an employer over wages, hours, and working conditions.
question
Which of the following statements regarding the NLRB is not true? A. The adjudicating office is responsible for conducting workplace inspections for NLRA violations. B. The general counsel's office conducts representation elections. C. The general counsel's office investigates and prosecutes unfair labor practices. D. The adjudicating office hears and decides cases where disputes arise.
answer
The adjudicating office is responsible for conducting workplace inspections for NLRA violations.
question
Which of the following is not an allowable penalty for NLRB violations? A. Backpay. B. Reinstatement. C. Injunctions. D. Punitive damages and fines.
answer
punitive damages and fines
question
NLRB v. Jones and Laughlin Steel Corporation (1937) is a notable labor relations case because: A. It declared the National Industrial Recovery Act to be unconstitutional. B. It upheld the constitutionality of the National Labor Relations Act. C. It established a test to determine whether an employer had violated the NLRA. D. It meant that employers could no longer use injunctions to stop unionization attempts.
answer
It upheld the constitutionality of the National Labor Relations Act.
question
In the 10 years following the passage of the Wagner Act of 1935, unionization levels: A. Increased slightly. B. Increased dramatically. C. Decreased slightly. D. Decreased dramatically.
answer
increased dramatically
question
The Taft-Hartley Act (Labor Management Relations Act) of 1947 did all of the following except: A. Outlawed the use of secondary boycotts. B. Required unions to bargain in good faith with management. C. Gave states the right to pass right-to-work laws. D. Prohibited employers from expressing their views and opinions on unionization.
answer
Prohibited employers from expressing their views and opinions on unionization.
question
Employees of PromoPrint, a manufacturer of custom promotional products, enter into negotiations over terms and conditions of employment. After 3 months of negotiations, the parties are still unable to reach an agreement. The employees organize a boycott of PromoPrint products. As part of the boycott, they picket outside a local independent gift shop asking customers not to buy PromoPrint products at the gift shop. Under the Taft-Hartley Act of 1947, the employees are conducting: A. A legal secondary boycott. B. An illegal secondary boycott. C. A legal primary boycott. D. An illegal primary boycott.
answer
a legal primary boycott
question
Which of the following is outlawed under the Taft-Hartley Act of 1947? A. Closed shop agreements. B. Union shop agreements. C. Agency shop agreements. D. Open shop agreements.
answer
closed shop agreements
question
A union contract provision that requires employees to join the union after a certain amount of time on the job is known as a: A. Closed shop clause. B. Union shop clause. C. Agency shop clause. D. Open shop clause.
answer
union shop clause
question
If a group of employees is represented by a union and another union that has a better track record also wants to represent those workers, the employees: A. Can choose to belong to both unions. B. Can immediately switch unions. C. Can file for a decertification election whenever enough workers say they want one. D. Must stick with the union they have until the contract expires.
answer
Must stick with the union they have until the contract expires.
question
The Federal Mediation and Conciliation Service: A. Provides voluntary mediation to parties involved in a labor dispute. B. Investigates unfair labor practices. C. Issues mandatory settlement agreements in case of a labor dispute. D. Creates rules and regulations for settling labor disputes.
answer
Provides voluntary mediation to parties involved in a labor dispute.
question
Proponents of the industrial relations school of thought felt that the Taft-Hartley Act of 1947: A. Strengthened the Wagner Act by improving the balance between labor and management. B. Weakened the Wagner Act by taking away protection against unfair labor practices. C. Weakened the Wagner Act by injecting too much government regulation into labor relations. D. Strengthened the Wagner Act by giving management more power.
answer
Weakened the Wagner Act by injecting too much government regulation into labor relations.
question
The Landrum-Griffin Act of 1959 (Labor-Management Reporting and Disclosing Act) was passed primarily to: A. Give unions the right to organize and represent workers. B. Ensure democratic standards for unions and increase transparency of union financial activities. C. Spell out unfair labor practices of unions. D. Spell out unfair labor practices of employers.
answer
Ensure democratic standards for unions and increase transparency of union financial activities.
question
During hearings that took place from 1957-1959, a congressional investigating committee found that certain union officials had done all of the following except: A. Engaged in bribery. B. Taken personal loans from union funds. C. Used violence to achieve their ends. D. Negotiate excessive wages.
answer
negotiate excessive wages
question
The Landrum-Griffin Act of 1959 (Labor-Management Reporting and Disclosing Act) was passed primarily in response to: A. Unfair labor practices of employers. B. Unethical and illegal behaviors of unions. C. A need to balance power between management and labor. D. Unfair government intervention into union and management affairs.
answer
unethical and illegal behaviors of unions
question
Internal union politics and finances of all U.S. unions are monitored by: A. The National Labor Relations Board. B. The Department of Labor. C. The Department of Internal Affairs. D. The AFL-CIO.
answer
the department of labor
question
In response to illegal or unethical behaviors of local union officials, the Landrum-Griffin Act of 1959 allows: A. Employers to step in on behalf of their workers and take over the union. B. National unions to take over and replace elected local officials with an appointed trustee. C. The NLRB to run an immediate election of new union officials. D. Union members to immediately decertify the union.
answer
National unions to take over and replace elected local officials with an appointed trustee.
question
In addition to setting standards for union democracy and finances, the Landrum-Griffin Act of 1959 did all of the following except: A. Guaranteed certain rights of permanently replaced strikers for up to 2 years. B. Restricted picketing for union recognition. C. Outlawed hot cargo agreements. D. Required unions to disclose financial information to the government.
answer
Guaranteed certain rights of permanently replaced strikers for up to 2 years.
question
If a union worker does not want her union dues to be spent on political activity, she: A. Has no choice - the union can spend her dues payment however it wants. B. May file a claim against the union charging misuse of union funds. C. May resign her membership in the union or pay only that portion of dues that is used for representation activities (i.e., pay a reduced fee). D. Can refuse to pay dues but remain a member of the union as long as she has paid the initiation fee.
answer
May resign her membership in the union or pay only that portion of dues that is used for representation activities (i.e., pay a reduced fee).
question
The Civil Service Reform Act of 1978: A. Protects state and local government workers from corruption. B. Sets minimum wage and hour standards for federal employees. C. Grants federal employees the right to strike for better wages and hours of work. D. Grants federal employees unionization rights
answer
grants federal employees unionization rights
question
When it comes to strikes, most state collective bargaining laws: A. Allow state and local employees to strike in certain situations. B. Allow state and local employees to strike at any time. C. Prohibit the use of strikes regardless of the purpose. D. Prohibit the use of strikes for getting higher wages or better working conditions but allow them any other time
answer
Prohibit the use of strikes regardless of the purpose
question
In recent years, public sector bargaining laws have: A. Been strengthened by giving public sector workers the ability to strike. B. Been weakened by taking away or severely restricting collective bargaining rights for public sector workers. C. Been strengthened as more and more states pass legislation protecting public sector workers' rights to strike. D. Been weakened by adding strict financial disclosing requirements for public sector unions.
answer
Been weakened by taking away or severely restricting collective bargaining rights for public sector workers.
question
The Wright Line test is a standard of proof used to determine: A. Whether race or gender discrimination has occurred B. Whether an employer has unlawfully retaliated against an employee for union activity C. Whether an employee has violated an employer's policies D. Whether an employer's discipline and termination process has been applied consistently
answer
Whether an employer has unlawfully retaliated against an employee for union activity
question
Union proponents have suggested strengthening U.S. labor laws in all of the following ways except: A. Expanding NLRA coverage to supervisors. B. Requiring workplaces to use an "opt out" approach to unionization rather than an "opt in" approach (i.e., all workers would be unionized unless the majority voted against it.) C. Streamlining or shotening the certification election process. D. Prohibiting the use of performance strike replacements.
answer
Requiring workplaces to use an "opt out" approach to unionization rather than an "opt in" approach (i.e., all workers would be unionized unless the majority voted against it.)
question
What legislation created a national minimum wage, mandatory overtime premium for qualified workers, and restrictions on child labor? A. Equal Pay Act B. Civil Rights Act C. Employee Retirement Income Security Act D. Fair Labor Standards Act
answer
Fair Labor Standards Act
