Labor Relations Striking A Balance 4th Edition Budd Test Bank

Labor Relations Striking a Balance 4th
Edition Budd Test Bank

Visit to Download in Full: https://testbankdeal.com/download/labor-relations-striking-a-
balance-4th-edition-budd-test-bank/
Chapter 06 - Union Organizing
Chapter 06 Union Organizing Answer Key
True / False Questions
1. (p. 193) 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
Difficulty: Moderate
2. (p. 194) Most U.S. unions are organized through secret ballot elections administered by the
National Labor Relations Board.
TRUE
Difficulty: Easy
3. (p. 194) 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: Easy
4. (p. 194) Employer-initiated unionization drives, though rare, are legal.

FALSE
6-1
© 2013 by McGraw-Hill Education. This is proprietary material solely for authorized instructor use. Not authorized for sale or distribution
in any manner. This document may not be copied, scanned, duplicated, forwarded, distributed, or posted on a website, in whole or part.
5. (p. 194) 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: Hard
6. (p. 194) 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: Hard
7. (p. 194) 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: Hard
8. (p. 195) 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
6-2
9. (p. 195) Authorization cards signed by employees give the employer permission to deduct
union dues from employee paychecks.
FALSE
Difficulty: Easy
10. (p. 197) 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: Hard
11. (p. 197) 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
12. (p. 197) The NLRA prohibits recognition strikes because they are disruptive and costly to
both employers and their employees.
FALSE
Difficulty: Hard
13. (p. 198) Most certification elections have just one union on the ballot, so the choice is
between a specific union or no union.
FALSE
6-3
14. (p. 198) The majority of decertification elections are won by the employees’ current union.
FALSE
15. (p. 198) 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
Difficulty: Hard
16. (p. 198) 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: 198
17. (p. 199) To petition the NLRB for an election, a union must gather authorization cards from
more than 50% of the employees.
FALSE
18. (p. 197) When an employer decides to challenge a union that requests recognition, the
outcome is usually settled through strikes.
FALSE
Difficulty: Easy
6-4
19. (p. 199) Generally the NLRB will not allow more than one certification election in a 12
month period.
TRUE
Difficulty: Easy
20. (p. 199) 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: Hard
21. (p. 199) 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: Hard
22. (p. 199) 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
6-5
23. (p. 199) 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: Easy
24. (p. 199-200) "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: Hard
25. (p. 200) When determining bargaining units, the NLRB may rule that many occupations in
diverse locations can make up a single unit.
TRUE
26. (p. 200) A union's best chance of winning a union representation election is when the
bargaining unit is relatively small and homogenous.
TRUE
Difficulty: Easy
27. (p. 200) Fewer than 70 percent of all petitions for election filed with the NLRB actually
result in a representation election.
TRUE
Difficulty: Easy
6-6
28. (p. 200) Under the NLRA, someone is defined as a "supervisor" by the amount of money
they make.
FALSE
Difficulty: Easy
29. (p. 200) Supervisors are excluded from the National Labor Relations Act and therefore
cannot legally form unions.
FALSE
Difficulty: Hard
30. (p. 200) Union elections usually take place at the employees' work site.
TRUE
Difficulty: Easy
31. (p. 202) 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: Easy
6-7
32. (p. 202) 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: Easy
33. (p. 202) Age and gender are important factors in determining whether an individual votes
"yes" for a union.
FALSE
Difficulty: Easy
34. (p. 202) 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
35. (p. 203) A factor often identified as important for determining whether dissatisfied workers
will vote for a union is their attitude towards unions in general.
TRUE
36. (p. 202-203) The degree to which an individual thinks a union will be successful in improving
the workplace is known as union instrumentality.
TRUE
Difficulty: Easy
6-8
37. (p. 202-203) 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: Hard
38. (p. 203) An individual is more likely to hold positive attitudes toward unions when they have
had previous experience with unions in the workplace.
TRUE
39. (p. 203) 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
40. (p. 204) Political and ideological beliefs are important determinants of whether a U.S. worker
votes for or against a union in a representation election.
FALSE
Difficulty: Hard
41. (p. 204) 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
6-9
42. (p. 204) 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
43. (p. 205) 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
44. (p. 205) 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
45. (p. 205) 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: Hard
46. (p. 205) 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: Hard
6-10
47. (p. 205) 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: Hard
48. (p. 205) 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
49. (p. 205) 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: Hard
50. (p. 207) 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: Easy
6-11
51. (p. 207) Discriminatory enforcement of no solicitation policies is considered illegal

interference under the NLRA.
TRUE
Difficulty: Easy
52. (p. 207) 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
53. (p. 207) "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
54. (p. 208) 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: Easy
6-12
55. (p. 208) 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: Hard
56. (p. 210) It is estimated that workers were illegally fired in 25 percent of representation
election campaigns since 2000.
TRUE
Difficulty: Easy
57. (p. 210) 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
58. (p. 212) The NLRB holds unions to a higher standard for acceptable behavior in a union
election than it does for management.
FALSE
59. (p. 213) At the start of a union organizing campaign, the NRLB requires employers to give
the union a list of the names and addresses of the employees who are eligible to vote in a
union election.
FALSE
Difficulty: Easy
6-13
60. (p. 213) Like employers, unions are barred from visiting employees at their homes because
this may be viewed as intimidating.
FALSE
Difficulty: Easy
61. (p. 213) 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: Hard
62. (p. 215) 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: Easy
63. (p. 217) 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: Easy
6-14
64. (p. 217) A key criticism of the NLRA is that the penalties against employers for violating the
law are too harsh.
FALSE
65. (p. 219) 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
66. (p. 219) 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
Difficulty: Easy
67. (p. 220) 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
68. (p. 221) The proposed Employee Free Choice Act would require that a neutral third party
decide the terms of a first contract.
FALSE
Difficulty: Easy
6-15
Multiple Choice Questions
69. (p. 193) 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.
70. (p. 194) 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
71. (p. 194) 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: Easy
6-16
72. (p. 195) 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."
73. (p. 196) 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: Easy
74. (p. 199) 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
6-17
75. (p. 199) 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.
76. (p. 199) 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: Easy
77. (p. 199) The appropriate bargaining unit defines:

A. Which occupations and locations of a particular employer will be included in the
representation election.
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: Easy
78. (p. 200) 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.
6-18
79. (p. 200) 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: Easy
80. (p. 200) 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.
81. (p. 200) 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: Hard
6-19
82. (p. 201) 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: Hard
83. (p. 202) 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
84. (p. 202) 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: Easy
85. (p. 203) 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: Easy
6-20
86. (p. 203) 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: Easy
87. (p. 207) 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: Hard
88. (p. 207) 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.
6-21
89. (p. 207) 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. None of the above; the employer did not violate the NLRA in any way.
Difficulty: Easy
90. (p. 207) 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: Easy
91. (p. 207) 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: Hard
6-22
92. (p. 208) 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: Hard
93. (p. 208) 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: Easy
94. (p. 206) 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.
6-23
95. (p. 209) 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. All of the above.
Difficulty: Hard
96. (p. 209) 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
97. (p. 210) 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: Hard
98. (p. 209) 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.
6-24
99. (p. 213) 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: Hard
100. (p. 213) 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: Hard
101. (p. 213) 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: Hard
6-25
102. (p. 213) Which of the following is not 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. All of the above are legal.
103. (p. 215) 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.
104. (p. 215) 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.
105. (p. 217) 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.
6-26
106. (p. 217) 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.
107. (p. 219) 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. Requires that a new representation election be held.
D. Either a or b.
Difficulty: Hard
108. (p. 219) 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. All of the above are possible remedies.
Difficulty: Hard
6-27
109. (p. 220) 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.
110. (p. 220-221) 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.
111. (p. 222) 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: Easy
6-28
Fill in the Blank Questions
112. (p. 194) An election to determine whether a union will be certified as the bargaining agent
of a given group of employees is known as a (an) _______________________________.
representation election
Difficulty: Easy
113. (p. 194) A campaign to organize nonunion workers into a union and gain recognition by
their employer is known as a (an) _______________________________.
union organizing drive
Difficulty: Easy
114. (p. 195) The most important method in U.S. labor relations for employees to show their
support for union representation is to sign a (an) _______________________________.
authorization card
Difficulty: Easy
115. (p. 197) 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: Easy
116. (p. 197) In union organizing, a majority sign-up procedure is also known as
_______________________________.
card check recognition
6-29
117. (p. 197) 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
118. (p. 198) The most frequent type of NLRB representation election is the
_____________________________.
certification or representation election
Difficulty: Easy
119. (p. 198) The opposite of a certification election is a(n)

_______________________________.
decertification election
Difficulty: Easy
120. (p. 198) To decertify a union, at least 30% of eligible employees must have signed a(n)
_______________________________.
election petition or petition
Difficulty: Hard
121. (p. 198) 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: Hard
6-30
122. (p. 199) 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: Hard
123. (p. 199) 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
124. (p. 199) Once a group of employees elects a union, another representation election cannot
be held for another _______________________________ months.
twelve
Difficulty: Hard
125. (p. 199-200) 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: Easy
126. (p. 201) 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: Hard
6-31
127. (p. 202) The __________________ models hold that only dissatisfied workers those who
perceive workplace injustice will consider unionizing when voting in a representational
election.
frustration
128. (p. 202) 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
129. (p. 202) The degree to which an individual thinks a union will be successful in improving
the workplace is known as _______________________________.
union instrumentality
Difficulty: Easy
130. (p. 203) Workers' broader beliefs about the value of unions in society are referred to as their
___________________ toward unions.
general attitudes
Difficulty: Easy
131. (p. 203) 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
6-32
132. (p. 204-205) The NLRB evaluates election conduct using the
_______________________________ doctrine, also known as the General Shoe doctrine.
laboratory conditions
Difficulty: Easy
133. (p. 205) The notion that elections should be conducted under experimental laboratory
conditions is known as the _______________________________ doctrine.
General Shoe
Difficulty: Hard
134. (p. 207) 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: Easy
135. (p. 207) An employer may use _______________________________ rules to prohibit

outside organizations from entering the workplace and interacting with workers.
no solicitation
Difficulty: Easy
136. (p. 207) 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
6-33
137. (p. 208) The use of outside _______________________________ and lawyers is a

prominent component of employers' campaigns.
union avoidance consultants
138. (p. 213) 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
139. (p. 215) 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
140. (p. 215) A successful campaign to organize commercial building janitors in several major
cities during the 1980s was known as the _______________________________ campaign.
Justice for Janitors
Difficulty: Hard
141. (p. 217) If a question of representation exists, the NLRB shall determine the preference of
employees with regard to union representation by directing a(n)
_______________________________.
secret ballot election
Difficulty: Easy
6-34
142. (p. 219) 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: Easy
143. (p. 219) 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(an) _______________________________ to force collective bargaining.
Gissel bargaining order
Difficulty: Hard
144. (p. 220) A ________________________ agreement occurs when a union convinces an

employer not to take a position either way in a union election.
neutrality
145. (p. 220) A _______________________________ agreement occurs when a union

convinces an employer to voluntarily recognize the union based on the evidence of signed
authorization cards.
card check
146. (p. 220) 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: Hard
6-35
147. (p. 220) 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
148. (p. 199) The Employee Free Choice Act proposes settling first contracts using
_______________________________ if the parties are unable to reach an agreement through
negotiations.
arbitration
Difficulty: Hard
Essay Questions
149. (p. 193) 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).
6-36
150. (p. 194) 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: Easy
151. (p. 195) 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: Hard
6-37
152. (p. 197) 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.
153. (p. 199) Explain the process that employees must go through in order to get the NLRB to
conduct a representation election.
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.
6-38
154. (p. 199-200) 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.
155. (p. 200) 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: Hard
6-39
156. (p. 199-205) 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: Hard
157. (p. 202-203) 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: Hard
6-40
158. (p. 204) 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.
159. (p. 205-208) 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.
6-41
160. (p. 208-209) 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.
161. (p. 210-213) 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.
6-42
162. (p. 217) 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.
163. (p. 220-221) 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.
6-43

Labor Relations Striking A Balance 4th Edition Budd Test Bank

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Labor Relations Striking A Balance 4th Edition Budd Test Bank

Uploaded by

Copyright:

Available Formats

Labor Relations Striking a Balance 4th

Edition Budd Test Bank

Chapter 06 Union Organizing Answer Key

True / False Questions

4. (p. 194) Employer-initiated unionization drives, though rare, are legal.

51. (p. 207) Discriminatory enforcement of no solicitation policies is considered illegal

Multiple Choice Questions

71. (p. 194) Most U.S. unions are formed through:

75. (p. 199) The contract bar doctrine:

77. (p. 199) The appropriate bargaining unit defines:

104. (p. 215) The "iron rule of organizing" says,

Fill in the Blank Questions

119. (p. 198) The opposite of a certification election is a(n)

135. (p. 207) An employer may use _______________________________ rules to prohibit

137. (p. 208) The use of outside _______________________________ and lawyers is a

144. (p. 220) A ________________________ agreement occurs when a union convinces an

145. (p. 220) A _______________________________ agreement occurs when a union

Recognition strikes became "obsolete" (i.e., no longer necessary) as a way to force an

You might also like