Labor Relations Striking A Balance 5th Edition Budd Test Bank

Labor Relations Striking a Balance 5th Edition Budd Test Bank
Labor Relations Striking a Balance 5th Edition Budd

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Chapter 06 Union Organizing Answer Key
True / False Questions
1. If employees decide to join together to complain to an employer, but they do not legally form a
union, the employer is under no obligation to negotiate with them.
TRUE
Accessibility: Keyboard Navigation

Difficulty: 2 Medium
Learning Objective: 06-01 Discuss the basic procedural steps and legal standards for how new unions are formed in the United
States. This is called the organizing process.
2. Most U.S. unions are organized through secret ballot elections administered by the National
Labor Relations Board.
TRUE

Difficulty: 1 Easy
6-1
Copyright © 2018 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of
McGraw-Hill Education.
3. A certification election determines whether employees will give a union permission to act as
their representative in negotiations with their employer to determine their wages, hours, and
working conditions.
TRUE

Difficulty: 1 Easy
4. Employer-initiated unionization drives, though rare, are legal.
FALSE

5. When the Teamsters Union, one of the largest unions representing truck drivers and other
cargo handlers, aggressively tries to organize semi-drivers who are nonunion, their campaign
would be best described as strategic, rather than opportunistic, in nature.
TRUE

Difficulty: 3 Hard
6-2
6. The United Food and Commercial Workers International Union, which represents many grocery
store employees across the country, decides to aggressively campaign to unionize Walmart
employees. This organizing drive is best described as an opportunistic organizing drive.
FALSE

Difficulty: 3 Hard
7. If the U.S. Airline Pilots Association begins to organize a group of food service employees at the
Chicago O'Hare airport that is very interested in unionizing, they are engaged in an
opportunistic organizing drive.
TRUE

Difficulty: 3 Hard
8. The authorization card campaign is useful to the union because it helps the union assess
whether it has sufficient support to win a representation election.
TRUE

6-3
9. Authorization cards signed by employees give the employer permission to deduct union dues
from employee paychecks.
FALSE

Difficulty: 1 Easy
10. The Communications Workers of America (CWA) successfully collected 94 authorization cards
from the 152 eligible employees of a telecommunications company. The CWA and the company
agreed to skip a representation election and instead voluntarily begin negotiations. This
decision is considered illegal under the National Labor Relations Act.
TRUE

Difficulty: 3 Hard
11. To avoid a costly and sometimes bitter campaign for unionization, most employers will
voluntarily recognize a union once it demonstrates it has majority support by the employees
through the authorization card campaign.
FALSE

6-4
12. The NLRA prohibits recognition strikes because they are disruptive and costly to both
employers and their employees.
FALSE

Difficulty: 3 Hard
13. Most certification elections have just one union on the ballot, so the choice is between a
specific union or no union.
FALSE

14. The majority of decertification elections are won by the employees' current union.
FALSE

15. As a whole, decertification elections are rare and usually result in the decertification of one
union while at the same time certifying a new union.
FALSE
6-5
Difficulty: 3 Hard
16. Most certification elections have more than just one union on the ballot, so the choice is
whether to unionize and, if so, which specific union will represent the bargaining unit.
FALSE

Difficulty: 3 Hard
17. To petition the NLRB for an election, a union must gather authorization cards from more than
50% of the employees.
FALSE

18. When an employer decides to challenge a union that requests recognition, the outcome is
usually settled through strikes.
FALSE

Difficulty: 1 Easy
6-6
19. Generally the NLRB will not allow more than one certification election in a 12 month period.
TRUE

Difficulty: 1 Easy
20. A group of manufacturing employees unionized in January. By June, they were convinced that
they had made a mistake and circulated a petition to decertify the election. Thirty-five percent
of the employees signed the petition. It is likely that the NLRB will allow the employees to hold
a decertification election before the end of the year.
FALSE

Difficulty: 3 Hard
21. Martin Sheet Metals is a mid-sized metal manufacturing company whose employees attempted
a union organizing drive that ended with an election in May. The union lost the election. By
October, employees had gathered authorization cards to request another union election. It is
likely that the NLRB will hold another election as soon as possible.
FALSE

Difficulty: 3 Hard
6-7
22. Generally speaking, a decertification election may be held as soon as the employees or
employer are able to show that at least 30% of employees desire decertification.
TRUE

23. The NLRB is responsible for determining which employees will be included in the bargaining
unit and therefore have rights to vote in a union election.
TRUE

Difficulty: 1 Easy
24. "Community of interest" refers to a principle used by the NLRB to define bargaining units so as
to ensure that the employer and employees can find common ground over issues that need to
be negotiated.
FALSE

Difficulty: 3 Hard
6-8
25. When determining bargaining units, the NLRB may rule that many occupations in diverse
locations can make up a single unit.
TRUE

26. A union's best chance of winning a union representation election is when the bargaining unit is
relatively small and homogenous.
TRUE

Difficulty: 1 Easy
27. Fewer than 70 percent of all petitions for election filed with the NLRB actually result in a
representation election.
TRUE

Difficulty: 1 Easy
28. Under the NLRA, someone is defined as a "supervisor" by the amount of money they make.
FALSE
6-9
Difficulty: 1 Easy
29. Supervisors are excluded from the National Labor Relations Act and therefore cannot legally
form unions.
FALSE

Difficulty: 3 Hard
30. Union elections usually take place at the employees' work site.
TRUE

Difficulty: 1 Easy
31. Voter turnout at union elections is usually less than voter turnout for elections for governmental
representation.
FALSE

Difficulty: 1 Easy
6-10
32. It often takes up to a year between the time a union files an election petition and the time the
election is actually held.
FALSE

Difficulty: 1 Easy
33. New NLRB rules allow the NLRB to certify a union as representative of the bargaining unit even
if some disputed ballots exist, as long as there are not enough of them to change the outcome
of the election.
TRUE

Difficulty: 3 Hard
34. The primary consideration for an individual in considering whether to vote "yes" for a union is
the perceived costs and benefits associated with unionization.
TRUE

Difficulty: 1 Easy
Learning Objective: 06-02 Explain why individuals vote for or against a union in a representation election.
6-11
35. Age and gender are important factors in determining whether an individual votes "yes" for a
union.
FALSE

Difficulty: 1 Easy
36. Most research supports the notion that dissatisfaction and frustration on the job is more likely
to motivate someone to vote "yes" in a union election than maximizing wages.
TRUE

37. A factor often identified as important for determining whether dissatisfied workers will vote for
a union is their attitude towards unions in general.
TRUE

38. The degree to which an individual thinks a union will be successful in improving the workplace
is known as union instrumentality.
TRUE

Difficulty: 1 Easy
6-12
39. Union instrumentality is less likely to determine whether someone votes "yes" in a union
election than factors like general attitudes toward unions or the social environment.
FALSE

Difficulty: 3 Hard
40. An individual is more likely to hold positive attitudes toward unions when they have had
previous experience with unions in the workplace.
TRUE

41. Workplaces where employees are more individualistic and do not see themselves as similar to
their coworkers are less likely to become unionized - even when working conditions are poor
and employees are dissatisfied.
TRUE

42. Political and ideological beliefs are important determinants of whether a U.S. worker votes for
or against a union in a representation election.
FALSE
6-13
Difficulty: 3 Hard
43. In a union election campaign, a key role of the NLRB is to balance the free speech rights of the
employer and the union against the free choice rights of the employees.
TRUE

44. Free speech during a union organizing campaign is protected under Section 8(c) of the NLRA
which holds that expressing opinions is prohibited only to the extent that it constitutes a threat
of reprisal or force, or promise of benefit.
TRUE

45. The NLRB principle that holds that every representation election should reflect employees' free
choice with regard to unionization (or not) is known as the "laboratory conditions doctrine" or
"General Shoe" doctrine.
TRUE

6-14
46. If an employer or union threatens or harasses employees in a way that distorts their free choice
in a union election, the NLRB can declare the election invalid.
TRUE

47. Just three hours before a union representation election was to start, the company president
wandered through the plant and handed each employee a fake "pink slip" (termination notice)
that said simply, "A yes vote = A pink slip." The union later lost the election and employees
admitted they were scared they would lose their jobs if they voted yes. In such a situation, the
NLRB could declare the election invalid and hold a new election.
TRUE

Difficulty: 3 Hard
48. After finding out about a unionization attempt at his company, the General Manager held a
mandatory meeting with the employees. During the meeting, he told employees that they
didn't need a union. To prove his point, he offered the employees a 5% pay increase. The GM's
actions are legal under the NLRA.
FALSE

Difficulty: 3 Hard
6-15
49. The only time the NLRB can determine employees were not able to exercise their free choice in
a union election and declare the vote invalid is when either the employer or the union commits
an unfair labor practice.
FALSE

Difficulty: 3 Hard
50. The NLRB can rule that actions of a third party (i.e., one that is not affiliated with either the
union or with management) have had a negative impact on employee free choice in union
elections and declare the vote invalid.
TRUE

51. Employees of a textile factory located in the south requested a union representation election
with over 90% signed authorization cards. Just hours before the election, employees began to
receive anonymous phone calls threatening that if they voted "yes," they could forget ever
being able to get a loan or another job in the community. Fearful for their financial futures,
many employees cast "no" votes and the union lost the election. In such a case, the NLRB could
declare the election results invalid and schedule a new election.
TRUE

Difficulty: 3 Hard
6-16
52. Supervisors and managers are not allowed to provide employees with facts, opinions, or
personal experiences that might dissuade them from voting "yes" in a union election.
FALSE

Difficulty: 1 Easy
Learning Objective: 06-03 Understand the tactics used by employers to weaken individual support for unions and why these
tactics are controversial.
53. John, a retail store manager, is concerned about a union organizing attempt at his store. He
decides to visit each of his employees at home to discuss the matter in an "informal" setting.
John's actions are likely to be considered grounds for invalidating the election.
TRUE

Difficulty: 1 Easy
54. Discriminatory enforcement of no solicitation policies is considered illegal interference under

the NLRA.
TRUE

Difficulty: 1 Easy
6-17
55. Under the NLRA, an employer has the right to enforce no solicitation policies on a case by case
basis, at their own discretion. Therefore, it is their right to regularly allow employees to sell Girl
Scout cookies or similar items while prohibiting a union from distributing informational
literature.
FALSE

56. "Salting," a tactic used by unions in which paid union organizers try to get hired as regular
employees, is grounds for declaring a union election invalid.
FALSE

57. The use of delay tactics, such as challenging the proposed bargaining unit definition in an
election petition, is an effective strategy for "breaking" union support.
TRUE

Difficulty: 1 Easy
6-18
58. It is illegal for employers to allow the use of company email for charitable and personal e-mail
solicitations while not allowing it to be used for noncharitable organizations (i.e., unions).
FALSE

Difficulty: 3 Hard
59. An employer is allowed to monitor employees' use of company email during an organizing
campaign as long as they are not doing so in a discriminatory fashion (i.e., monitoring union
supporters' email more heavily than other employees' email).
TRUE

Difficulty: 3 Hard
60. It is estimated that workers were illegally fired in 25 percent of representation election
campaigns since 2000.
TRUE

Difficulty: 1 Easy
6-19
61. Because research finds that only about 5 percent of nonunion workers believe it is likely that
they will be discharged if they try to form a union, employers argue that their campaign tactics
are not intimidating.
FALSE

62. The NLRB holds unions to a higher standard for acceptable behavior in a union election than it
does for management.
FALSE

Learning Objective: 06-04 Understand the traditional tactics used by unions to strengthen individual support for unions and the
pressures for developing new strategies.
63. The NRLB requires employers to give the union a list of the names, addresses, and available
personal email addresses of the employees who are eligible to vote in a union election within
two days of setting the election date.
TRUE

Difficulty: 1 Easy
6-20
64. Like employers, unions are barred from visiting employees at their homes because this may be
viewed as intimidating.
FALSE

Difficulty: 1 Easy
65. Under the NLRA, an employer may not make a promise to increase wages if employees vote
"no" in a union election but a union is allowed to promise they will get a wage increase if they
vote "yes".
TRUE

Difficulty: 3 Hard
66. In union organizing, the trend is toward more control over the organizing process by union
leaders and full-time union organizers, with less involvement of the employees themselves.
FALSE

Difficulty: 1 Easy
6-21
67. When an employer is found guilty of illegally discharging an employee due to union activity,
they can be required to pay backpay, a fine, and possibly punitive damages.
FALSE

Difficulty: 1 Easy
Learning Objective: 06-05 Compare the pros and cons of the existing certification election process and options for reform.
68. A key criticism of the NLRA is that the penalties against employers for violating the law are too
harsh.
FALSE

69. In some cases where employer misconduct is so damaging to support for a union that the
NLRB does not believe a fair election could be held, the Board may require the employer to
bargain with the employees even though it does not have the votes necessary.
TRUE

70. Because the NLRB election procedures are flawed, more and more unions are attempting to
organize workers "outside" the NLRB certification process; for example, by pressuring
employers to voluntarily recognize the union.
TRUE
6-22
Difficulty: 1 Easy
71. The Employee Free Choice Act would increase penalties to employers who violate the NLRA
and change voting procedures so that simply showing a majority of signed authorization cards
would be enough to certify the union.
TRUE

72. The proposed Employee Free Choice Act would require that a neutral third party decide the
terms of a first contract.
FALSE

Difficulty: 1 Easy
Multiple Choice Questions
6-23
73. On a cold winter day, a group of employees decides that the temperature in their
manufacturing plant is unbearably cold. Together, the employees approach their employer and
request that the heat be turned up. The employer:
A. Must collectively bargain with this group of employees over the plant temperature.
B. May refuse the employees' request.
C. Must turn up the heat at the request of the employees.
D. Can fire the employees for insubordination.

74. When the Teamsters Union, which had traditionally represented truck drivers, and other
employees in the transportation industry, began to organize police and firefighters, it could be
considered a:
A. A strategic campaign
B. An illegal campaign
C. An opportunistic campaign
D. A decertification campaign

6-24
75. Most U.S. unions are formed through:
A. Secret ballot elections.
B. Voluntary agreements by management to recognize the union.
C. Strikes.
D. Court orders.

Difficulty: 1 Easy
76. Cindy, an employee of Stellar Snowboard Manufacturing has just signed an authorization card
during a union organizing campaign by Local 79 of the Teamsters Union. Cindy has agreed with
which of the following statements?
A. "I am requesting the NLRB hold a representation election at my employer's place of

business."
B. "I authorize Teamsters Local 79 to be my collective bargaining agent in negotiations with
Stellar Snowboard."
C. "I authorize Stellar Snowboard to deduct union dues for Teamsters Local 79 from my
paycheck."
D. "I authorize Teamsters Local 79 to use a portion of my union dues money for the purpose of
political lobbying."

6-25
77. After 3 years of union representation, employees at Stellar Snowboard Manufacturing company
decide that they wish to end their relationship with the union. The employees must:
A. Stop paying all union dues.
B. File a petition for decertification election.
C. Petition the employer to stop negotiating with the union.
D. Request that a new union begin negotiating on their behalf.

Difficulty: 1 Easy
78. If a union gathers signed authorization cards from more than ____________________ percent of
the employees, it can ask the employer to recognize the union as the bargaining agent of the
employees.
A. 15
B. 30
C. 50
D. 65

6-26
79. The contract bar doctrine:
A. Prohibits an employer from entering into a collective bargaining agreement with a union.
B. Prohibits a union from entering into any collective bargaining agreement with any
employer.
C. Prohibits a decertification election from being held during the life of an existing contract.
D. Specifies minimum standards that union contracts must meet to be considered legal.

80. In a union organizing campaign and election, the appropriate bargaining unit is defined by:
A. The Union.
B. Management.
C. The NLRB.
D. The Department of Labor.

Difficulty: 1 Easy
6-27
81. The appropriate bargaining unit defines:
A. Which occupations and locations of a particular employer will be included in the
B. Which employees will conduct the negotiations with the employer.
C. Which bargaining unit gets to vote first in a representation election.
D. The terms and conditions of employment.

Difficulty: 1 Easy
82. Arguably, the most important determinant of a bargaining unit is:
A. Geographical location.
B. Functional integration.
C. Community of interests.
D. Size of the bargaining unit.

6-28
83. A union is attempting to organize clerical and factory workers at a local manufacturing plant in
Oshkosh. The NLRB makes a determination to include the clerical and factory workers in the
same bargaining unit because they have indicated that their demands are very similar. The
NLRB is applying a principle of:
A. Community of interests.
B. Geographical proximity.
C. Interdependence of jobs.
D. Exchange of labor.

Difficulty: 1 Easy
84. Which of the following is likely to be considered a "supervisor" by definition of the NLRA and
subsequent interpretations by the NLRB and Supreme Court?
A. Employees who occasionally assign work to other employees.
B. Employees who routinely assign other employees to specific work stations but have no
other supervisory responsibilities.
C. Lead employees who direct other employees but where this direction is largely routine in
nature.
D. Employees who are accountable for the performance of other employees.

6-29
85. The decision to exclude supervisors under the NLRA is controversial because:
A. Supervisors' interests are too closely aligned with those of other employees and this would
make a union too powerful.
B. Supervisors are routinely treated poorly when compared to other employees and need
more, not less, protection.
C. The NLRB does not define who qualifies as a "supervisor".
D. Companies may intentionally give employees just enough responsibility to qualify them as
supervisors so they will not have NLRA protection.

Difficulty: 3 Hard
86. Employees who do not have the protection of the NLRA:
A. Are prohibited by law from joining a union.
B. May strike or picket but could be terminated for doing so.
C. Are prohibited by law from any collective action including strikes and pickets.
D. Are allowed to join a union but cannot strike.

Difficulty: 3 Hard
6-30
87. Which of the following is not true about union elections?
A. Elections are supervised and monitored by the EEOC.
B. Elections typically take place at the employer's worksite.
C. Each eligible worker votes using a secret ballot.
D. The majority of union elections are held within 2 months of the day a petition is filed.

Difficulty: 1 Easy
88. Which of the following is not true about union elections?
A. Challenges to the definition of the bargaining unit can dramatically delay the time to
election.
B. There are times when the NLRB does not have to determine the validity of disputed votes.
C. The most intense campaigning for or against unionization occurs before the election
petition is filed.
D. Mail ballots are sometimes allowed in union elections.

Difficulty: 1 Easy
6-31
89. In deciding whether to vote "yes" in the union election, Joan is not particularly interested in
becoming a union member but strongly believes that the union will improve the wages and
working conditions at her company. Joan is likely to vote "yes" in the election because her level
of __________________ is high.
A. Utility maximization
B. Union instrumentality
C. General beliefs about unions
D. Workplace and social identity with unions

90. Which of the following is the least important factor in determining whether an employee votes
"yes" in a union election?
A. Frustration or dissatisfaction with current working conditions.
B. The belief that the union can help improve working conditions.
C. Demographics of the employee (i.e., age, gender).
D. Attitude of the employee to unions in general.

Difficulty: 1 Easy
6-32
91. A person's broad image of unions as either "good" or "bad" institutions in society is called:
A. Union instrumentality.
B. General beliefs about unions.
C. Workplace social identity.
D. Utility maximization.

Difficulty: 1 Easy
92. Pierre is unsure as to whether he should support a union but is leaning toward a "no" vote.
After talking with several of his coworkers, he realizes that most of them are very supportive of
unionization. Recognizing the importance of "sticking together," and not wanting to disappoint
his coworkers, Pierre decides he should vote "yes" in the upcoming election. Which of following
factors best explains Pierre's change of heart?
A. Union instrumentality.
B. General beliefs about unions.
C. Workplace social identity and/or social pressure.
D. Utility maximization.

Difficulty: 1 Easy
6-33
93. Employer campaign tactics try to dissuade employees from voting for a union by influencing all
of the following except:
A. job dissatisfaction.
B. utility maximization.
C. union instrumentality.
D. collective social identity.

94. In a union election, managers and supervisors are allowed to do all of the following except:
A. provide union employees with facts about unions in general or about the particular union
workers are considering.
B. make promises to increase pay or provide other benefits to workers if they do not vote for
the union.
C. make statements about their opinions of the union or of unions in general.
D. share experiences that they have had with unions or with the particular union workers are
considering.

6-34
95. Which of the following is not likely to impair the laboratory conditions doctrine according to the
NLRB?
A. A manager tells her employees that if they don't vote for the union, she will make sure they
get extra paid time off.
B. A manager posts a "no solicitation" sign during the union campaign.
C. Visits to employees homes by company representatives or supervisors.
D. Mandatory employer meetings with employees during which the employer "makes a case"
against unions one week before the election.

Difficulty: 3 Hard
96. A union organizing tactic in which paid union organizers attempt to get hired by a company is
known as:
A. Featherbedding.
B. Salting.
C. Gissel bargaining order.
D. Hiring fraud.

6-35
97. The evening before a union election, an employer held a company picnic for its employees.
Attendance at the picnic was required and the company president gave a passionate speech
urging employees not to vote for the union. The most likely reason the NLRB would consider
this a violation of the NLRA is:
A. The picnic amounts to a captive audience meeting held within 24 hours of the election.
B. The picnic could be considered an inducement or reward for not voting for the union.
C. The president's passionate speech could be considered threatening.
D. The employer did not violate the NLRA in any way.

Difficulty: 1 Easy
98. When an employer prohibits outside organizations from entering the workplace and interacting
with workers, it is called ____________________.
A. A private injunction
B. A no solicitation rule
C. Salting
D. The Monarch Rubber rule

Difficulty: 1 Easy
6-36
99. During an interview, an applicant reveals that she has been active in supporting unions in the
past. An appropriate response by you, the interviewing manager, is:
A. To ignore her statement.
B. To inform her that the company does not support unionization.
C. To inform her that the information is irrelevant to your hiring decision and find some other
reason not to hire.
D. To inform her that the information is irrelevant and proceed with hiring as if the information
had not been given.

Difficulty: 3 Hard
100. Which of the following is not likely to be considered discriminatory by the NLRB?
A. Allowing employees to send messages asking people to contribute to the United Way but
not allowing messages asking coworkers to join a union.
B. Allowing employees to distribute flyers at work for a cancer fundraiser while not allowing
them to distribute flyers for a union.
C. Allowing employees to sell Girl Scout cookies at work while prohibiting them from collecting
authorization cards at work.
D. Allowing employees to sell Avon products at work while prohibiting them from collecting
authorization cards at work.

Difficulty: 3 Hard
6-37
101. Election delays usually work in favor of employers for all of the following reasons except:
A. The union looks weak and unable to make progress against the employer.
B. Union supporters may quit or be discharged.
C. The employer gains more time to campaign against the union.
D. The NLRB may decide that a union election is not feasible.

Difficulty: 1 Easy
102. Which of the following is not a reason that delay tactics work to an employer's advantage in a
union organizing attempt?
A. Employee turnover may result in a loss of union supporters.
B. Perceptions of union instrumentality are weakened as the union appears helpless to counter
the employer's delays.
C. The employer gains more time to campaign against the union.
D. There is a time limit in the NLRA that says all elections must take place within one year of
the petition for election.

6-38
103. According to some, employers should have no formal role in the employees' decision to join a
union other than:
A. The right to free speech.
B. The right to object to the bargaining unit definition.
C. The right to challenge election results.
D. The right to observe the election.

Difficulty: 3 Hard
104. Which of the following is considered a reason that employers should be allowed to participate
in employer campaigning during a union election?
A. The NLRA explicitly allows for employer participation in the campaign
B. Employer property rights grant them the right to participate
C. Employees request employer participation
D. Unions want employers to participate

6-39
105. Using data from the National Labor Relations Board, it is estimated that the majority of
employers have done all of the following during a union representation campaign except:
A. Held one-on-one meetings between employees and their supervisor
B. Used outside consultants
C. Held more than one captive audience meeting
D. Illegally discharged union supporters from their jobs

Difficulty: 3 Hard
106. The research shows that employer anti-union campaigning during an employee attempt to
unionize:
A. Reduces the likelihood that employees will vote for unions in an NLRB representation
election.
B. Increases the probability that employees will vote "yes" in the election.
C. Has no effect on the outcome of the election.
D. Improves relationships between the employees and the employer.

6-40
107. In a representation election, the union is not held to the same standard as an employer when it
comes to making promises during a campaign because:
A. The NLRA allows the union to make promises, even if it determines that those promises
interfered with an employee free choice in an election.
B. The union has little to offer except promises while the employer's promises carry
significantly more weight with the employees.
C. The union's probability of winning is less than the employer's so the NLRB wants to give
them a slight advantage.
D. The statement is wrong - A union is held to the same standard as the employer.

Difficulty: 3 Hard
108. If a union makes a request to an employer for the names and addresses of employees eligible
to vote in the union election:
A. The employer can refuse to provide the list on the grounds that it must protect the privacy
of its employees.
B. The employer must turn the information over to the union within 7 days of the request.
C. The employer must turn the information over to the union within a week after the NLRB has
scheduled the election.
D. The employer can petition to the NLRB for an injunction to gain permission to withhold the
information.

Difficulty: 3 Hard
6-41
109. Arguably the most effective union organizing tactic is:
A. To send pamphlets and brochures to employees' homes.
B. To have a union organizer take the lead in talking with employees about unionizing.
C. To run marketing campaigns similar to those used in product marketing.
D. To develop personal relationships with existing workers and train them to take the lead in
talking with their co-workers about unionizing.

Difficulty: 3 Hard
110. Which of the following is a legal tactic that unions can use to attempt to organize workers?
A. Hold one-on-one meetings with employees to encourage them to join the union.
B. Distribute flyers and letters to potential members.
C. Visiting employees in their homes in an attempt to get them to join the union.
D. Enter the business to visit production areas without its consent.

6-42
111. The organizing model of union representation is consistent with which of the following union
organizing campaign tactics?
A. Sending mass mailings to workers.
B. Union literature portraying management as "the enemy."
C. Extensive one-on-one personal contact.
D. Handbilling outside the employers premises.

112. The "iron rule of organizing" says,
A. Never do for others what they can do for themselves.
B. Do unto others as you would have them do unto you.
C. Leave no stone unturned.
D. Don't put all your eggs in one basket.

6-43
113. Which of the following is false about the union representation process in the first years after the
NLRA was passed in 1935?
A. Employers were not allowed to participate in representation campaigns.
B. Elections were always conducted by secret ballot.
C. Strike participation was viewed as legitimate evidence of employees' support for a union.
D. Employers did not generally challenge proposed bargaining units or election results.

114. Which of the following is not a frequently expressed criticism of the NLRA certification process?
A. Employers have more access to employees than unions.
B. The lack of penalties for employer violators of the NLRA.
C. The length of the election process.
D. The lack of penalties for union violators of the NLRA.

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115. In situations where gross misconduct calls the results of a representation election into question,
a Gissel bargaining order may be issued to:
A. Prohibit a union from acting as the employees' exclusive representative even if they have
"won" the representation election.
B. Require an employer to negotiate with a union even though the election results do not
support representation.
C. Require that a new representation election be held.
D. Declare the employer the winner of the election.

Difficulty: 3 Hard
116. An employer fires an employee who attempted to organize a union. The NLRB finds the
employer guilty of violating the NLRA. The most likely penalties include all of the following
except:
A. Backpay.
B. Punitive damages.
C. Reinstatement.
D. Compensatory damages.

Difficulty: 3 Hard
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117. Which of the following organizing strategies by unions has not been tested in the courts?
A. Attempting to change the law to make it easier to unionize.
B. Using public demonstrations to pressure companies to recognize unions without an

election.
C. Negotiating neutrality and card-check agreements with employers whereby employers

agree to stay neutral and recognize based on the cards only.
D. Using a concept called "members-only" representation in which unions represent less than
the majority of employees in a workplace and negotiate only on behalf of those employees.

118. The Employee Free Choice Act would address all of the following except:
A. Insufficient penalties for employers who violate the NLRA.
B. Attempts to delay first contract settlements.
C. Employee dissatisfaction with union representation.
D. Attempts to delay representation elections.

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119. Approximately what percentage of newly organized bargaining units secure a first contract
following a successful union election?
A. 25-30%
B. 90%
C. 70%-75%
D. 10%

Difficulty: 1 Easy
Fill in the Blank Questions
120. An election to determine whether a union will be certified as the bargaining agent of a given
group of employees is known as a _______________________________.
representation election
Difficulty: 1 Easy
121. A campaign to organize nonunion workers into a union and gain recognition by their employer
is known as a _______________________________.
union organizing drive
Difficulty: 1 Easy
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122. The most important method in U.S. labor relations for employees to show their support for
union representation is to sign an _______________________________.
authorization card
Difficulty: 1 Easy
123. If more than 50% of employees have signed authorizations cards, the employer can choose to
recognize the union and bargain with it. In this case, no election is needed. This is referred to as
_______________________________.
voluntary recognition
Difficulty: 1 Easy
124. In union organizing, a majority sign-up procedure is also known as

_______________________________.
card check recognition
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125. Before 1935, if an employer declined a request for voluntary recognition the only option
employees had to gain bargaining rights was to launch a _______________________________.
recognition strike
126. The most frequent type of NLRB representation election is the _____________________________.
certification or representation election
Difficulty: 1 Easy
127. The opposite of a certification election is a _______________________________.
decertification election
Difficulty: 1 Easy
128. To decertify a union, at least 30% of eligible employees must have signed a(n)
_______________________________.
election petition or petition
Difficulty: 3 Hard
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129. The nurses at St. Mary's hospital are represented by the American Nurses Union. Recently, a
second union challenged the representation authority of the American Nurses Union, claiming
that they now have more support. The challenging union may also be called a
_______________________________ union.
raiding
Difficulty: 3 Hard
130. If there is a valid collective bargaining agreement in place (up to 3 years) a decertification
election cannot be held. This principle is known as the _______________________________ doctrine.
contract bar
Difficulty: 3 Hard
131. When the NLRB determine which employees are eligible to vote in an election and will be
represented by the union if the union wins the election, it is defining a(an)
_______________________________.
appropriate bargaining unit
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132. Once a group of employees elects a union, another representation election cannot be held for
another _______________________________ months.
twelve
Difficulty: 3 Hard
133. Once the supervisory, managerial, and other exclusions are resolved, the NLRB's determination
of the appropriate bargaining unit is generally based on whether employees share a
_______________.
community of interest
Difficulty: 1 Easy
134. The legal interpretation of the supervisory exclusions to the NLRA was recently addressed in
three cases involving nurses known collectively as the ___________________________ cases.
Kentucky River
Difficulty: 3 Hard
135. The __________________ models hold that only dissatisfied workers those who perceive workplace
injustice will consider unionizing when voting in a representational election.
frustration
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136. Rational workers will consider unionization if it increases their well-being and the benefits
outweigh the costs. This is known as the _______________________________ model of individual
voting decisions.
utility maximization
137. The degree to which an individual thinks a union will be successful in improving the workplace
is known as _______________________________.
union instrumentality
Difficulty: 1 Easy
138. Workers' broader beliefs about the value of unions in society are referred to as their
___________________ toward unions.
general attitudes
Difficulty: 1 Easy
139. If workplace solidarity is low and workers have more of an individual identity rather than
_______________________________, job dissatisfaction is not likely to translate into pro-union

support.
collective social identity
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140. The NLRB evaluates election conduct using the _______________________________ doctrine, also
known as the General Shoe doctrine.
laboratory conditions
Difficulty: 1 Easy
141. The notion that elections should be conducted under experimental laboratory conditions is
known as the _______________________________ doctrine.
General Shoe
Difficulty: 3 Hard
142. One important employer tactic for sharing information and opinions is to hold a group meeting
in the workplace during working hours in which employees are forced to listen to
management's antiunion and pro-company presentations. This gathering is referred to as a
___________________________.
captive audience meeting
Difficulty: 1 Easy
143. An employer may use _______________________________ rules to prohibit outside organizations

from entering the workplace and interacting with workers.
no solicitation
Difficulty: 1 Easy
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144. Some unions, especially in the construction industry, have tried a tactic called
_______________________________, in which paid union organizers try to get hired as regular
employees for the purpose of organizing the workers.
salting
145. The use of outside _______________________________ and lawyers is a prominent component of

employers' campaigns.
union avoidance consultants
146. Once a representation election is scheduled, a longstanding NLRB rule requires employers to
give the union a list of names and addresses of the employees eligible to vote in the election.
This is referred to as the _______________________________ and must be provided within seven
days of the NLRB scheduling an election.
Excelsior list
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147. Tactics that emphasize grassroots involvement rather than reliance on outside, full time, paid
union organizers reflect Saul Alinsky's _______________________________, which is "Never do for
others that they can do for themselves."
iron rule of organizing
148. A successful campaign to organize commercial building janitors in several major cities during
the 1980s was known as the _______________________________ campaign.
Justice for Janitors
Difficulty: 3 Hard
149. If a question of representation exists, the NLRB shall determine the preference of employees
with regard to union representation by directing a _______________________________.
secret ballot election
Difficulty: 1 Easy
150. If a company is found guilty of having fired an employee in violation of Section 8(a)(3) of the
NLRA, the remedy is generally _______________________________ and job reinstatement.
back pay
Difficulty: 1 Easy
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151. When the NLRB believes that the union had majority support but extreme employer
misconduct eroded support and renders a new election pointless, the NLRB can issue a
_______________________________ to force collective bargaining.
Gissel bargaining order
Difficulty: 3 Hard
152. A ________________________ agreement occurs when a union convinces an employer not to take a
position either way in a union election.
neutrality
153. A _______________________________ agreement occurs when a union convinces an employer to

voluntarily recognize the union based on the evidence of signed authorization cards.
card check
154. When a union represents less than a majority of employees, one could argue that the NLRA still
obligates employers to bargaining with the union on a _______________________________ basis.
members-only
Difficulty: 3 Hard
6-56
155. The labor movement is aggressively lobbying for the enactment of the ________________________
which would help to remedy the perceived deficiencies in the NLRB through changes to the
certification election process, increases in penalties for NLRA violations, and a provision for final
and binding arbitration in disputes over first contracts.
Employee Free Choice Act
156. The Employee Free Choice Act proposes settling first contracts using
_______________________________ if the parties are unable to reach an agreement through
negotiations.
arbitration
Difficulty: 3 Hard
Essay Questions
6-57
157. A group of nonunionized employees from a local cheese factory petitioned the employer for
longer breaks. They claim that the nature of the work is physically demanding and employees
are at risk of injury due to fatigue. They believe that longer breaks would help to alleviate
fatigue and reduce injury. The employer listens to their arguments but promptly denies their
request, arguing that they've never had to give longer breaks in the past and no one has
complained before. Given the employer has denied their request, what options do these
employees now have open to them?
The employees have four options open to them. First, they can put up with the conditions and
hope that the employer will eventually change its mind. Second, they could quit their jobs and
find employment elsewhere. Third, they could be disruptive or "sabotage" the work; for
example, by faking injuries, in an attempt to manipulate the employer into changing its
positions. Finally, they could join or form a union to obtain legal recognition and representation
rights. This will obligate the employer to bargain with them over this issue (and any others
pertaining to wages, hours and working conditions).
6-58
158. Describe how a union organizing drive can legally be initiated.
A union organizing drive can be legally initiated in two ways. First, employees may initiate an
organizing drive by either forming their own union or contacting an existing union to express
interest in unionization. Second, unions may initiate organizing campaigns by advertising,
distributing information, and trying to contact employees to convince them of the benefits of
unionization.
Difficulty: 1 Easy
159. After years of long hours and low pay, Lab technicians at a large hospital have decided that
they would like to unionize. Describe the process that they will need to go through to secure
union representation.
To secure union representation, the lab technicians will first have to build support for
unionization and collect authorization cards from over 50% of their coworkers. Once they have
enough authorization cards, they can ask the employer to voluntarily recognize the union as
their duly appointed bargaining agent. If the hospital accepts, the union will become their
representative. If the hospital refuses, the employees will send the cards along with an election
petition to the NLRB. The NLRB will determine the appropriate bargaining unit and review the
authorization cards to ensure enough cards have been signed. If enough cards are signed, the
NLRB will schedule an election. The election is won if more than 50% of those who vote, vote
"yes" for union representation. If less than 50% vote "yes," the unionization attempt will have
failed.
Difficulty: 3 Hard
6-59
160. The recognition strike used to be a common tool used by unions to force an employer to
negotiate with them. Explain why recognition strikes are no longer commonplace.
Recognition strikes became "obsolete" (i.e., no longer necessary) as a way to force an employer
into negotiations because the National Labor Relations Act, passed in 1935, gave made
negotiations mandatory following a certified union representation election. The NLRA provides
a mechanism to determine employee interest in a union and then to hold secret ballot
elections. Once it is shown that employees have elected a union as their representative, the
employer is required by the NLRA to negotiate in good faith over wages, hours, and working
conditions. While recognition strikes are not illegal, the representation election is a safer
alternative to striking.
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161. Explain the process that employees must go through in order to get the NLRB to conduct a
To get the NLRB to conduct a representation election, employees must demonstrate sufficient
support for the union. Thus, an authorization campaign or "drive" is conducted whereby
authorization cards are collected from employees. The authorization cards indicate that the
employee supports union representation. Once at least 30 percent of the employees have
signed authorization cards, the employees may petition for a union election. The NLRB then
verifies the authenticity of the cards and determines which employees should have the right to
participate in the representation election (i.e., defines the bargaining unit). Assuming no other
election for representation has been held within the last 12 months, the NLRB will then hold an
election.
6-61
162. Describe the criteria applied by the NLRB in determining the appropriate bargaining unit.
The NLRB has several things to consider when determining which employees should be
included in the bargaining unit. First, the NLRB must determine whether any of the employees
are ineligible by law. For example, security guards, supervisors, and managers are prohibited
from the NLRA and do not have representation rights under the law. They must be excluded
from the bargaining unit. Next the NLRB will consider which employees share a "community of
interests." Interests may be common across industrial lines, geographical location, plant site,
and occupation lines. The NLRB may also consider whether the employees are typically treated
similarly by the employer and/or whether there is a great deal of interaction between the
employees.
6-62
163. A privately owned retirement community and nursing home facility employs nurses, nursing
assistants, home care workers, cooks and food service employees, as well as custodians and
groundskeepers. These employees submitted sufficient authorization cards to the NLRB to show
interest in representation by the SEIU. Should the NLRB include all these employees in the same
bargaining unit or should it create multiple bargaining units? Please thoroughly explain your
response.
Students might come up with several different responses to this question but they should
indicate that the NLRB has several things to consider when determining which employees
should be included in the bargaining unit. Students should point to the question of whether
employees share a "community of interests." Interests may be common across industrial lines,
geographical location, plant site, and occupation lines. The NLRB may also consider whether
the employees are typically treated similarly by the employer and/or whether there is a great
deal of interaction between the employees.
Difficulty: 3 Hard
6-63
164. Describe the role of the NLRB in union organizing attempts.
The NLRB has responsibility for ensuring that the union, employees, and management comply
with the NLRA during an organizing campaign. The NLRB will investigate claims of unfair labor
practices and issue rulings. In addition, the NLRB reviews authorization cards to ensure they are
valid. They will then determine how to define the bargaining unit (determine which employees
are eligible to vote in the representation election and be covered by the contract.) The NLRB is
responsible for scheduling and conducting the election in such a manner as to ensure
laboratory conditions of voting that will allow each employee to cast a ballot that truly
represents their uninhibited desire regarding representation.
Difficulty: 3 Hard
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165. Some states allow university faculty and academic staff members to unionize. What are the key
factors that would influence individual faculty and academic staff members' decisions to
support (or not) union representation by the AFT?
Individual faculty and academic staff will be influenced by six key factors. First, the individual's
own sense of job satisfaction of dissatisfaction will be important. Employees who are dissatisfied
are more likely to support unionization. Second, employees will consider whether unionization
is likely to increase their well-being (i.e., the benefits will outweigh the costs). Third, employees
will assess union instrumentality; that is, whether the AFT specifically will be an effective
representative of the employees and is likely to be successful in improving the workplace.
Fourth, employees will have a general bias in favor or against unionization. These general
attitudes are formed by their personal experiences with unions and by newspaper articles,
opinions of influential others, and other sources. Fifth, the social identity of the workplace will
influence their decisions. Those campuses that have a strong collective identity and respected
coworkers that are visibly supportive of unionization will be more likely to unionize than other
campuses. Finally, the activities of the AFT itself in its campaign for unionization will influence
the decisions of the employees.
Difficulty: 3 Hard
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166. Explain the standard used by the NLRB to determine whether a representation election results
are valid.
The NLRB's primary concern is to ensure employees have a free choice in the election of a
union representative. Therefore, the NLRB looks to create "laboratory conditions" which allow
the true desires of the employees to be determined. This means that the election must be kept
free of coercion, threats of reprisal or force, and promises of benefit.
167. What kinds of tactics may be used by an employer in a union organizing campaign. In your
response, identify which tactics are legal and illegal?
Employer campaign tactics, like union tactics, try to influence the key determinants of individual
voting decisions. Legal tactics include providing pro-company and antiunion information and
opinions to the employees. This might be done through email, mandatory meetings, letters,
and media. Employers may also legally prohibit unions from soliciting on their property as long
as these rules are applied uniformly (i.e., solicitation is not allowed by anyone.) Some employers
may also use delay tactics to postpone the election as long as possible in the hopes of eroding
employee support. Many companies hire antiunion consultants to help them with these
campaigns. In addition, illegal tactics are sometimes used. For example, employers may
discharge union activists, interrogate employees in one-on-one meetings about their intentions
to vote for the union, offer pay increases or improvements in the workplace, threaten
employees, or layoff employees.
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168. Explain how employers might use delay tactics to their advantage in a union organizing
campaign.
One tactic an employer might use to defeat a union representation election is to delay the
election as long as possible. Some research shows that the longer it takes to hold an election,
the lower the probability of union success. To delay the election, employers may refuse to
voluntarily recognize the union even in the face of strong support, challenge the proposed
bargaining unit, challenge the eligibility of specific employees in the vote, and challenge the
results of the election itself. By delaying the election, the employer gains more time to
campaign against the union; employees may quit; and the union will look weak because it is
unable to fight against the delay tactics.
6-67
169. What kinds of tactics may be used by a union in a union organizing campaign?
Unions need to make important decisions regarding the conduct of a union organizing
campaign. First, the union needs to figure out what type of representation philosophy fits best
with the workers and then determine the campaign tactics that will work for these employees.
Unions will use a variety of legal tactics such as visiting employees at home, phoning
employees, handbilling (handing out pamphlets and informational flyers to workers). Unions are
generally allowed to make promises to employees because that is about all they are able to
offer. Unions may hold small group meetings at the union hall or a local restaurant/bar. They
may hold union rallies, sponsor "solidarity days", and speak with employees one-on-one to
determine their interest in unionization. Finally, unions will encourage employees to speak with
each other and use supportive employees as organizers.
6-68
170. Describe the problems associated with the current NLRA union certification process.
There are three aspects to the NLRA certification process that are criticized most frequently.
First, there is an imbalance in the degree of access that unions and employers have to
employees. Employers can hold captive audience meetings, talk to employees at work, contact
them through mailings and email. Unions, on the other hand, are only entitled to a list of the
employees addresses after the election date has been set. They do not have email addresses,
nor can they force employees to attend meetings. Second, there are no meaningful penalties
for employer violations of the NLRA. In the most egregious cases, where an employer is found
guilty of firing an employee for union activity, the employer will usually be made to pay
backpay less any earnings that the employee has made since discharge. Finally, many people
believe the that length of time that it takes for a representation election to be held is too long
and gives employers too much time to engage in threatening and manipulative behaviors that
destroy laboratory conditions.
6-69
Labor Relations Striking a Balance 5th Edition Budd Test Bank
171. Explain how the Employee Free Choice Act would address the perceived problems with the
NLRB certification election process.
The Employee Free Choice Act (EFCA) would address problems with the NLRB certification
election process in three ways. First, EFCA would allow union representation to occur based on
"card check recognition". This means that the NLRB would certify the union once it is able to
show majority support via signed authorization cards. There would be no need for a
representation election unless the employees desired one. Second, EFCA would increase the
penalties to employers for violations of the NLRA by charging treble damages for discharge
and imposing fines up to $20,000 for unfair labor practices. Third, EFCA would allow for
mandatory final and binding arbitration in cases where a first contract could not be negotiated
following an election. Finally, EFCA would require the NLRB to seek injunctive relieve where
8(a)(1) and 8(a)(3) violations had occurred during an organizing campaign or first contract
negotiations.
6-70
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True / False Questions

union, the employer is under no obligation to negotiate with them.

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4. Employer-initiated unionization drives, though rare, are legal.

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through the authorization card campaign.

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specific union or no union.

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union while at the same time certifying a new union.

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usually settled through strikes.

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unit and therefore have rights to vote in a union election.

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relatively small and homogenous.

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is known as union instrumentality.

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previous experience with unions in the workplace.

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and employees are dissatisfied.

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