Reference no: EM133181721

Answer all of the following with either True or False (T or F at the end of each question.)

1. A "Show of Interest" means that over 50% of the bargaining unit members have indicated that they want to be unionized.

2. In order to be classified a supervisor, one must at least have authority to do all of the following in the interest of the employer: hire, fire, reward, discipline, and promote, or effectively recommend such action.

3. If the majority of employees in a bargaining unit of manufacturing engineers join, take part in, and choose the Screen Actors' Guild to be their exclusive collective bargaining representative, the employer will be compelled by law to confer in good faith with the Screen Actors' Guild as the exclusive bargaining representative of the bargaining unit engineers.

4. Both Associations and Unions have the same legal rights under the National Labor Relations Act to serve as certified collective bargaining representatives of bargaining unit employees.

5. The primary function of the arbitrator in resolving a dispute under a collective bargaining agreement is to determine and give effect to the mutual intention of the parties to the collective bargaining agreement, even if the findings result in an outcome that the arbitrator believes is unfair.

6. One collective bargaining unit may have several representative organizations that represent different employees within the unit.

7. A collective bargaining representative is legally barred by the duty of fair representation from making agreements that have unfavorable effects on any of the members of the bargaining unit.

8. A checkoff agreement is different from a union shop agreement in that it does not, itself, require the payment of dues or fees as a condition of employment, but allows for the collection of dues by the employer through payroll deduction on behalf of the union - and is not illegal under the Michigan Right-to-Work law

9. A Right to Work law is one that guarantees that an employee's employment cannot be terminated by their employer without just cause.

10. The rights of union members to discuss and vote on matters at union meetings are guaranteed by the Landrum-Griffin Act which allows reasonable rules and regulations to be made and used by the union itself without prior approval by the U.S. Department of labor.

11. Under the NLRA, security guards may exercise their legal rights to collective bargaining only if they are in completely separate and unaffiliated bargaining units and unions from non-security guard employees.

12. Under the NLRA, after a 3-year collective bargaining agreement expires, a union must be re-certified by a vote of the employees before it may bargain a new collective bargaining agreement.

13. If an individual employee does not like a provision in the collective bargaining agreement negotiated for her bargaining unit by the union and the employer, the employee is entitled to the freedom to individually negotiate a legally enforceable contrasting agreement directly with the employer.

14. The "Bill of Rights" for union members is contained in the Fair Labor Standards Act.

15. After being certified by the NLRB, the collective bargaining representative has the legal right and duty to negotiate a valid, enforceable agreement that covers each and every one of the bargaining unit employees, except the employees who choose not to be covered by the contract under the right-to-work laws.

16. If an Employer discharges a unionized female building engineer because the employer thinks that a male would be generally more suitable for the position, it is an Unfair Labor Practice under the NLRA.

17. The same enterprise may legally have to bargain with different collective bargaining representative organizations for employees in different bargaining units at the same work location.

18. In the building and construction industry, it is the employer who decides whether its workforce will be unionized through voluntary recognition.

19. When the proper interpretation or application of the language of a collective bargaining agreement is at issue, and the language is unclear or ambiguous, the arbitrator may consider the meaning of the language in the light of the past practice - which is the understood and accepted way of doing things over an extended period of time, even though the matter wasn't ever specifically conferred about during contract negotiations.

20. An individual bargaining unit member may opt out of representation for new contract negotiations by the currently certified union during the window period near the end of a collective bargaining agreement by notifying the union that he is invoking his "right-to-work" entitlement.

21. A Union has a legally enforceable duty to represent all members of the Bargaining Unit equally and fairly - including a bargaining unit member who alleges she has been discharged without just cause but has consistently refused to join the union or pay dues.

22. Union members are ordinarily required to exhaust internal union remedies before suing a Union for breach of the duty of fair representation.

23. Labor grievance arbitrators have broad authority in deciding cases; including the right to alter the language of a collective bargaining agreement to fit what the informed arbitrator believes are the best interests of the parties in relation to the free flow of interstate commerce.

24. Any bargaining unit employee who was employed in the bargaining unit by the employer on the proper eligibility date may vote in an NLRB sanctioned representation election even if they since have been laid off but have a substantial continuing interest in the employment.

25. The Velvet Glove / Iron Fist rule prohibits employers from making discretionary increases in wages of benefits during a union representation election campaign period.

26. Under the principle of collective bargaining it would be legal for the collective bargaining representative to require that a bargaining unit member take a cut in pay in order to comply with a collective bargaining agreement

27. The main purpose of Weingarten Rights is to require that the employer and union observe and obey reasonable rules set up by the NLRB Election Officer at a representation election to allow the employees a free, untrammeled choice.

28. It must be assumed in grievance arbitration that the parties knew what they were doing when they agreed to contract language and, therefore, unambiguous language must control. To credit an alleged "intent" over the clear meaning of the collective bargaining agreement language, negates the language and renders it nugatory and useless.

29. The NLRB will allow both the Union and Employer a fair opportunity to examine Show of Interest cards in order to verify the authenticity of the employee signatures.

30. Under the NLRA supervisors may exercise their legal rights to collective bargaining as long as they are in separate and unaffiliated bargaining units and unions from non-supervisory employees.

31. Under the NLRA, regularly employed part-time employees have the right to collective bargaining.

32. "Confidential Employees" are defined under the NLRA as only those necessary to assist and act in confidential capacity to persons who formulate, determine, and effectuate management policies in the field of labor relations for the employer.

33. Employers do not have the right to enter into individual agreements with employees who are already in a bargaining unit represented by a labor association if the individual agreement conflicts with the collective bargaining agreement.

34. If an employee has the actual authority in the interest of the employer to discharge another employee but has never done it, that employee is not yet a supervisor according to the requirements of the NLRA.

35. Arbitrators may properly find meaning in ambiguous terms or words in a collective bargaining agreement by construing them in the light of the context and by studying the frame of references within which they were used, using the principle that words will be given their commonly accepted meanings unless it is shown that both parties purposely intended a technical or uncommon definition.

36. Grievance Arbitrators normally have powers in equity to make changes in collective bargaining agreement provisions that they deem are unfair.

37. In a representation election in which 825 votes were cast, Union A received 301votes, Association A received 263 votes and No Representative received 261 votes. In a runoff election Association A would be eliminated and the employees would be limited to the choice of voting for Union A or No Representative.

38. The NLRB has the power to direct the employer to provide it with an "excelsior list," which contains the accurate contact information of all the potential bargaining unit employees prior to a certification election being conducted; so that the NLRB can then provide the information to the union.

39. Bargaining Unit employees lose their rights to enter into individual contracts with their employer when an association is certified by the NLRB to be their collective bargaining representative.

40. "Confidential Employees" are legally guaranteed the same rights under the collective bargaining agreement as the bargaining unit members performing similar tasks that aren't assisting the employer with labor relations.

41. Supervisors of departments of public works in Michigan cities have the right to collective bargaining under the Michigan Public Employment Relations Act.

42. An employment agreement setting forth wages, hours and/or working conditions between an employer and individual employee prevails over a collective bargaining agreement covering the same employee if the union was certified and the collective bargaining agreement was negotiated after the individual employment contract was made.

43. The Velvet Glove / Iron Fist rule prohibits employers from making discretionary decreases in wages of benefits during a union representation election campaign period.