MGT 3500 Ch.8

After a lengthy negotiation involving a series of contract changes agreed to by management and the union, General Soft Drinks refused to make any further changes to the contract even though the union was ready to strike. The parties are:
A. committing an unfair labor practice in violation of the NLRA
B. negotiating in bad faith
C. at a bargaining impasse
D. ready for final and binding arbitration
Bargaining in good faith to an impasse:
A. Violates the NLRA.
B. Creates a mutual obligation to mediate the contract.
C. Means the current contract terms must stay in place.
D. Fulfills each side’s bargaining obligation.
Which of the following is not typically a key concern of private sector employers when it comes to bargaining impasse?
A. Loss of profits
B. Loss of customers
C. Bad publicity
D. Withdrawal of taxpayer support
In the public sector where striking is often illegal, a(n) ____________________ often triggers a mandatory dispute resolution mechanism such as mediation, arbitration, or fact-finding.
A. rights dispute
B. bargaining impasse
C. interest dispute
D. grievance
Which of the following is not an interest dispute?
A. Wage levels
B. Seniority based layoff systems
C. Whether a particular employee has been properly disciplined
D. Whether employees should participate in management decision making
A strike is fundamentally:
A. An expression of protest and dissatisfaction
B. An act of treason
C. A way for management to show its strength
D. A measure of the Union’s bargaining competence
By withholding their labor, strikers seek to increase the employer’s cost of disagreeing with them by depriving the employer of:
A. Their management rights
B. Profits
C. Public support
D. Access to credit
In an economic strike, workers refuse to work until:
A. The employer meets their demands for conditions of employment.
B. The NLRB rules they must return to work.
C. The contract expires.
D. Their strike funds run out.
A ____________________ is an employer-initiated rather than worker-initiated work stoppage during a bargaining impasse.
A. jurisdiction strike
B. lockout
C. wildcat strike
D. corporate campaign
When employees strike to force an employer to accept a union as their bargaining agent, it is called a ____________________ strike.
A. economic
B. unfair labor practice
C. wildcat
D. recognition
During the 1984 negotiations between General Motors Canada and the UAW, there was a spontaneous work stoppage at the Ottawa plant before the authorized strike date. This is an:
A. A recognition strike.
B. An unfair labor practice.
C. A wild cat strike.
D. A sympathy strike.
When employees go out on strike without the authorization of the union, it is called a:
A. Secondary strike
B. Unfair labor practice strike
C. Economic strike
D. Wildcat strike
U.S. public policy sees striking as:
A. A civil liberty rooted in freedom of association.
B. A civil liberty rooted in freedom of speech.
C. An economic activity to secure better working conditions.
D. A outcome associated with too much power in the hands of labor.
Which of the following is a strike not protected under the NLRA?
A. economic
B. unfair labor practice
C. jurisdiction
D. recognition
Legislation governing public sector employment relations generally prohibits public sector strikes for all of the following reasons except:
A. Striking against the government is an unacceptable threat to the supreme authority of the government.
B. Public sector employee bargaining power is too high because their demands can too easily be passed onto the tax payer.
C. Government services are too critical to be interrupted.
D. Public sector jobs tend to be high-paying jobs without unionization.
Oshkosh Corporation is a large manufacturer of military vehicles used in Afghanistan. If Oshkosh Corporation workers went out on strike and the President believed that this strike presented a significant threat to the nation’s safety, he could do all of the following except:
A. Discharge the strikers and replace them with new workers
B. Appoint a board of inquiry to investigate the labor dispute
C. Seek a court-ordered injunction preventing the strike
D. Ask Congress to legislate a settlement to the strike
During a strike over a contract dispute, stikers vandalized the company’s signage with spray paint. Picket line misconduct such as this can result in:
A. Discipline by the union.
B. Discipline by the employer.
C. Criminal prosecution.
D. All of the above.
An employee who wants to work instead of strike has the legal right to:
A. Cross their own union’s picket line but not another union’s picket line.
B. Resign from the union but cannot cross the picket line.
C. Cross another union’s picket line but not their own picket line.
D. Cross any picket line and/or resign from the union.
Which of the following statements is true about recognition strikes?
A. Recognition strikes are illegal.
B. In a recognition strike, picketing is allowed for only the first 30 days.
C. Recognition strikes are treated exactly like economic strikes under the law.
D. An employer cannot hire strike replacements in a recognition strike.
The actual proportion of total work days that are lost due to strikes is:
A. Approximately 1%.
B. Less than .01 of 1%.
C. More than the number lost due to sick days.
D. More than 50%.
Which of the following is true with respect to strike activity in the U.S.?
A. It declined sharply after WWI but has increased steadily since.
B. It has increased steadily since WWII.
C. It has declined sharply since the 1980’s.
D. It has remained steady throughout most of U.S. history.
Which of the following is likely to decrease an employer’s bargaining power?
A. A strong economy.
B. A large number of products in inventory.
C. Slowed or idle plants in other parts of the country.
D. A loose labor market.
Bargaining power and the threat of a strike should affect:
A. The occurrence of strikes.
B. The duration of a strike.
C. The extent to which bargaining outcomes favor labor or management.
D. All of the above.
The incidence of strikes can be predicted in part by all of the following except:
A. The unemployment rate
B. The size of the bargaining unit
C. The duration of the collective bargaining agreement
D. The business cycles
The decline in strike activity since the 1980’s can be attributed to all of the following except:
A. Strikes track the business cycle and business is less cyclical today than in the 1980’s.
B. Both parties have better information today than in the past.
C. There is increased resistance by management.
D. There is less uncertainty in important market forces like inflation.
Employers are allowed to:
A. Permanently replace strikers in both interest and rights disputes.
B. Permanently replace strikers in interest disputes but not in rights disputes.
C. Temporarily replace workers in interest disputes but not in rights disputes.
D. Permanently replace strikers in rights disputes but not in interest disputes.
Which of the following is not a key difference between permanent and temporary strike replacements?
A. Permanent strike replacements are allowed in economic strikes but not in unfair labor practice strikes.
B. After the contract is settled, permanent strike replacements are allowed to keep their jobs while temporary strike replacements must be let go to make room for returning striking employees.
C. Temporary strike replacements do not become union members after a contract is settled while permanent strike replacements will have to become union members.
D. Permanent strike replacements must receive all of the benefits of the union contract during the dispute while temporary strike replacements cannot.
The Supreme Court’s decision in Mackay Radio is controversial because the Court stated
A. It was legal for employers to use employees to do the work of individuals on strike during an economic strike
B. Employers did not have to discharge strike replacements to make way for strikers to return to their jobs following a strike
C. Strikers would need to be hired back immediately following a strike
D. Strike replacements are illegal
In the U.S., employers have the right to hire temporary strike replacements:
A. In an economic strike
B. In an unfair labor practice strike
C. If they can show the strike would create an economic hardship
D. A and b only
E. All of the above.
The NLRA specifies that permanently replaced strikers are eligible to vote in a decertification election:
A. If they are hired back by the company.
B. If the election occurs within 12 months of the start of the strike.
C. At any time, regardless of when the decertification election is held.
D. Not at all; permanently replaced strikers lose all rights to vote in a decertification election.
Workers at Coniff Enterprises recently went out on strike in protest over employer actions it claimed were in violation of the NLRA Section 8(a)(3). The strike lasted for a period of about 50 days before the NLRB ruled that the company was innocent of any wrongdoing. Coniff Enterprises hired temporary strike replacements to keep the business running. At the end of the strike, the striking workers were entitled to:
A. Immediate reinstatement to their jobs and back pay for the 50 day period
B. Immediate reinstatement to their jobs
C. The right to be hired first if any of the strike replacements decided to quit or were fired
D. Nothing
Lockouts are considered illegal if:
A. They could potentially harm public safety and/or health
B. They are not authorized by the NLRB
C. They are deemed by the NLRB to be an attempt to destroy the union
D. They are not offensive (versus defensive) in nature
Banning the use of ____________________ is one of the labor movement’s top legislative priorities.
A. offensive lockouts
B. temporary strike replacements
C. permanent strike replacements
D. defensive lockouts
Which of the following statements if false:
A. Most industrialized, democratic societies ban the use of permanent strike replacements.
B. Employers rely on permanent strike replacements only when the economic conditions warrant their use.
C. Employers sometimes intentionally push unions to a strike so they can hire permanent replacements.
D. A business could be kept open using temporary, rather than permanent strike replacements in most instances..
Boycotts, work slowdowns, and corporate campaigns have increased since the 1980s because:
A. Empoyees have become more militant.
B. Strikes are no longer a viable option for many workers because of the employer’s use of permanent strike replacements
C. Strikes are less costly to employers because they have more inventory today.
D. Strikes are no longer legal in most situations.
Which of the following tactics used by unions to apply pressure to employers has not increased during the past 30 years?
A. Strikes
B. Corporate campaigns
C. Boycotts
D. Work slowdowns
Which of the following could be considered a secondary boycott?
A. A union encourages consumers not to purchase from Wal-Mart because Wal-Mart uses nonunion labor.
B. A union encourages consumers not to purchase from Wal-Mart because it sells products that are produced by a company that they are currently striking.
C. A union encourages its members not to purchase from Wal-Mart because Wal-Mart uses nonunion labor.
D. A union refuses to work on a job site where nonunion labor is also working.
Picketing that involves multiple employers at a shared work location is called :
A. secondary picketing.
B. common situs picketing .
C. recognition picketing .
D. multi-site picketing .
When employees protest working conditions by following the employer’s rules “to the letter”, they are said to be engaged in a:
A. Boycott
B. Corporate campaign
C. Work to rule campaign
D. Letter campaign
A large grocery store is in negotiations with its baggers and checkers. To apply pressure to the store, the employees are allowed to do all of the following except:
A. Encourage customers to boycott the store.
B. Picket outside the store so long as they are not blocking any entrances.
C. Publicize the fact that a large, local meat company is supplying most of the meat sold in the store and has also had a history of antiunion behavior.
D. Encourage customers not to patronize either the store or the meat supplier.
The goal of an intermittent strike is to:
A. Minimize costs to the employer.
B. Irritate consumers so they will apply pressure on the employer to settle.
C. Call into question the employer’s ability to control their workers.
D. Disrupt the employer’s business while also preventing it from hiring strike replacements.
In the 1980s, black female workers at Delta Pride, a catfish processing plant in Mississippi, embarked on a union organizing drive. As part of this effort, the union was aggressive in publicizing wrongdoings by the employer, pressuring members of the board of directors to disassociate from the company, and sending postcards to over 100,000 Mississippi residents seeking their support for unionization. As a result of these tactics, the union won recognition. The tactics used in this organizing drive can best be described as:
A. A sympathy strike
B. A corporate campaign
C. A boycott
D. A work slowdown
Corporate campaigns are sometimes criticized for all of the following reasons except:
A. They use the media and others to benefit the union but may hurt consumers and other stakeholders
B. They are ineffective in helping labor achieve its goals in a dispute
C. They have not stopped the decline in unionization
D. They may violate federal racketeering laws
Third-party dispute resolution mechanisms use ____________________ to settle bargaining impasses with the goal of avoiding costly strikes.
A. a neutral third-party
B. decertification elections
C. boycotts
D. a local county judge
The key difference between mediation and arbitration is:
A. A mediator is constrained to work with the final offers given by the parties while an arbitrator can create an agreement that lies somewhere in between final offers
B. An arbitrator has more ability to come up with an agreement that both parties will be happy with
C. An arbitrator is focused on improving the relationship between the parties while a mediator just wants to get a settlement
D. A mediator has no authority to make a final and binding decision
A fact-finder has:
A. A high degree of control over the outcome of the dispute
B. A high degree of control over the process of negotiations
C. A high degree of control over both the process and the outcome of negotiations
D. Little control over either the process or the outcome of negotiations
Which of the following is not a typical stage of mediation?
A. Setting ground rules and building trust between parties
B. Clarifying disputed issues and developing some alternative solutions
C. Determining whether any unfair labor practices were committed during negotiations
D. Working with negotiators to identify a mutually acceptable agreement
Mediators who focus on improving the culture or climate of negotiations and improved dialogue between the parties tend to:
A. Craft the final settlement to create something they think is best
B. Allow the parties to resolve their own differences and come up with an agreement they believe best meets their needs
C. Be more likely to produce an agreement between parties
D. Be primarily concerned with getting a settlement.
The Railway Labor Act makes mediation ____________________ for negotiators in the railway and airline industries.
A. legal
B. optional
C. mandatory
D. illegal
In _______________________ arbitration, the arbitrator is not constrained to choose either the management or union’s offer(s); rather she can make up whatever final contract terms she deems appropriate and fair.
A. Conventional
B. Issue-by-issue final offer
C. Whole package final offer
D. Mediation-
The tendency for management and labor to rely on an arbitrator to make decisions for them, rather than come to an agreement themselves, is known as:
A. The chilling effect.
B. The narcotic effect.
C. The dependency effect.
D. The arbitrator authority effect.
The ____________________ effect occurs when negotiators develop a dependence on third party dispute resolution methods.
A. Chilling
B. Work-to-rule
C. Narcotic
D. Hypnotic
The key difference between whole or total package final offer arbitration and issue-by-issue final offer arbitration is that:
A. Issue by issue final offer arbitration is illegal
B. The arbitrator has less freedom to choose between offers in issue-by-issue arbitration
C. Issue by issue final offer arbitration is less effective in controlling the “chilling” effect
D. Whole package final offer arbitration places more constraints on the arbitrator
It is sometimes the case that parties to a contract are unwilling to settle a contract because they don’t want to take the blame for poor terms of the agreement. In these cases, the parties will often rely on the arbitration process to make the decisions for them. The term used to describe this problem is:
A. the chilling effect.
B. the ripple effect.
C. the narcotic effect.
D. the arbitration effect.
One possible disadvantage of mediation-arbitration as a method for third party dispute resolution is:
A. The threat of arbitration makes successful mediation less likely to occur.
B. The mediator-arbitrator develops too much knowledge of the parties’ concerns in the mediation phase and can no longer remain neutral in the arbitration phase.
C. The mediator-arbitrator can have too much power because of the threat of what they’ll do in arbitration.
D. The parties may withhold information during the mediation because they fear the mediator-arbitrator will use the information against them in the arbitration phase.
In ____________________, the neutral third party investigates the dispute and makes nonbinding recommendations for a settlement.
A. mediation
B. a public probe
C. fact-finding
D. arbitration
Fact-finding helps resolve bargaining disputes in all of the following ways except:
A. It allows the neutral third party to demand certain concessions from one or both of the parties
B. It reports unbiased evaluations of the parties positions which helps them to reassess their demands
C. It allows the parties to save face when concessions are made because they can “blame” it on the fact-finder’s report recommendations
D. It can open the parties up to public scrutiny which in turns pressures them to reach an agreement
Fact-finding could be considered inferior to mediation or arbitration for all of the following reasons except:
A. It does not guarantee a resolution like arbitration.
B. It does not assist the negotiators in their attempt to reach an agreement.
C. It does not allow the parties to reevaluate their positions.
D. Public pressure is often not enough to encourage the parties to settle.
If the primary goal of the dispute resolution system is putting pressure on negotiators to settle and guaranteeing a solution, then ____________________ is best.
A. mediation
B. arbitration
C. med-arb
D. fact-finding