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Collective Bargaining
Labor relations process
112
Business
03/24/2009

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Cards

Term
1. A dispute between union and management negotiators over what the terms and conditions of employment will be is termed an interest dispute.

Definition
TRUE
Term
4. Management would probably prefer centralized bargaining if it had three separate manufacturing facilities (bargaining units), each making the same product.


Definition
TRUE
Term
5. Centralized (multi-employer) bargaining is frequently found in the construction, coal, and trucking industries.

Definition
TRUE
Term
9. Unions do not place upper limits on their bargaining ranges because they maintain, "nothing ventured, nothing gained."

Definition
FALSE
Term
12. Bargaining power is more likely to be an important determinant of negotiated outcomes when the parties use a distributive bargaining approach or strategy.

Definition
TRUE
Term
17. Profit sharing represents a mandatory subject of bargaining.

Definition
FALSE
Term
18. In some cases a specific, single action by an employer constitutes an unfair labor practice in bargaining.

Definition
TRUE
Term
19. It is unlawful for an employer to refuse to comply with a union's request to furnish information held by the employer which is relevant and necessary for the union to represent bargaining unit members in contract negotiations or grievance handling duties.

Definition
TRUE
Term
20. Where there is substantial continuity in a unionized firm's operation after transfer of ownership occurs, the purchaser of the business would be classified as a new employer for the purpose of determining the employer's legal duty to bargain.

Definition
FALSE
Term
1. When would management officials probably prefer centralized (multi-plant) bargaining?

Definition
when the products at each plant are interdependent (Plant A's product is necessary for Plant B's product).

Term
4. Which one of the following should not be a relevant consideration when selecting members for a management negotiating team?
Definition
all of these are relevant to consider when selecting members for a management negotiating team

Term
5. In anticipating union bargaining proposals, management can consider:

Definition
all of these

Term
6. The point (terms) beyond which a bargaining party would prefer no settlement to settlement on the other party's less favorable proposed terms is termed that party's:

Definition
resistance point.

Term
8. The labor relations term for the increase in employee benefit costs that automatically occurs as the result of an increase in an employee's straight-time hourly wage rate is the:

Definition
roll-up factor.

Term
9. Mutual gain bargaining is also referred to as:

Definition
interest-based bargaining.

Term
10. Which one of the following would not be a characteristic of a distributive bargaining approach?

Definition
an effort to identify multiple alternatives capable of achieving a mutually satisfactory bargaining outcome rather than focusing on narrowing the gap between each party's established position on issues in dispute

Term
11. Bargaining power is more likely to be an important determinant of negotiated outcomes in which one of the following types of bargaining?

Definition
distributive bargaining

Term
12. Under the bargaining power model, when is the union's bargaining power increased?

Definition
it costs more for management to disagree than agree with the union

Term
14. The labor relations term used to describe activities engaged in by union and management negotiators to achieve consensus on bargaining goals, strategies, or proposed settlement terms within their own bargaining team is:

Definition
intra-organizational bargaining.

Term
16. "Mandatory" subjects of bargaining:

Definition
must be negotiated until agreement is reached if one party raises the issue.

Term
17. Which one of the following are mandatory bargaining subject?

Definition
all of these

Term
18. If an employer claims an inability to pay for a union's bargaining proposal, the union is entitled:

Definition
access to company financial information necessary to validate the employer's inability to pay claim.

Term
20. Which of the following does not pertain to successor (new) employer bargaining obligations?

Definition
all of these pertain to successor (new) employer bargaining obligations

Term
2. One reason some unions do not readily accept new technology is that management and employees still have mistrust for one another.

Definition
TRUE
Term
3. Technological progress in the U.S. has resulted in higher productivity, the elimination of many menial and dangerous jobs, higher wages, shorter hours, and a higher standard of living.

Definition
FALSE
Term
6. In recent years auto manufacturers have sought to eliminate the use of outsourcing.

Definition
FALSE
Term
7. Subcontracting of bargaining unit work is a mandatory subject of bargaining.

Definition
TRUE
Term
8. The LMRA, as amended, makes it unlawful for a union to engage in or encourage a work stoppage to force an employer to assign work to a particular union or craft.

Definition
TRUE
Term
11. Some employers use flexible work schedules as a hiring incentive to attract applicants in occupations with a current labor shortage.

Definition
TRUE
Term
12. The type of seniority rights used to determine eligibility for vacations, pensions, and holidays is called job rights seniority.

Definition
FALSE
Term
13. Layoff provisions in the majority of union contracts consider seniority is the primary or most important factor in retaining employees during layoffs.

Definition
TRUE
Term
14. Seniority is commonly used outside of North America as a key factor in determining issues such as layoff or promotion decisions.

Definition
FALSE
Term
17. Superseniority is a term that means that an employee has the greatest amount of seniority among individuals in a particular job classification.

Definition
FALSE
Term
19. The Occupational Safety and Health Act was passed because few labor agreements contained any contract language relating to the maintenance of a safe and healthy work environment.

Definition
FALSE
Term
1. Electronic monitoring of employees is a useful way to:

Definition
all of these

Term
2. Payment for work that is not needed, workers working at reduced speed, and workers duplicating the work of others are examples of:

Definition
featherbedding.

Term
4. Issues affecting job security covered by negotiated work rules include which of the following?

Definition
all of these

Term
5. The Worker Adjustment and Retraining Notification (WARN) Act requires employers of 100 or more employees to provide ___ _____ of advance notice to workers of a plant closing or major layoff.

Definition
60 days

Term
7. Which federal agency is authorized under the LMRA to resolve jurisdictional disputes?

Definition
National Labor Relations Board

Term
8. Jurisdictional disputes can occur when:

Definition
all of these

Term
9. Jurisdictional disputes can occur when:

Definition
two or more unions claim jurisdiction over specific work assignments.

Term
11. Which of the following is not a competitive job right?

Definition
vacation scheduling

Term
12. ________ concerns employee eligibility for things such as vacation entitlement or scheduling.

Definition
Benefit rights seniority

Term
14. Which of the following would be an example of a work restructuring program?

Definition
all of these

Term
15. Which one of the following statements is not true concerning work restructuring programs?

Definition
all managers openly support the adoption of work restructuring programs.

Term
16. Which of the following safety and health standards are applied by OSHA across all industries?

Definition
employers are required to grant employees access to the employee's medical records maintained by the employer or any records concerning the employee's exposure to toxic substances.

Term
2. Mediators must work by a predetermined set of rules in order to successfully resolve differences
Definition
FALSE
Term
3. A mediator who has separate meetings with management and union officials risks having his neutrality suspected by either side.
Definition
FALSE
Term
6. Conventional interest arbitration has been criticized because arbitrators have been accused of "splitting the difference".
Definition
FALSE
Term
8. The right to strike is one of the rights guaranteed under the Labor Management Relations Act.
Definition
TRUE
Term
10. In most cases, a wildcat strike is a violation of the labor agreement.
Definition
TRUE
Term
13. Employees consider perceived costs versus benefits that may be gained before they would be willing to participate in a strike.
Definition
FALSE
Term
14. Management may not call a strike, but it may invoke certain practices that will cause a strike, because a strike sometimes works to its advantage.
Definition
TRUE
Term
16. The use of strike replacements (particularly permanent replacements) during an economic strike reduces the tensions between the parties and often shortens the length of a strike
Definition
FALSE
Term
18. If not permanently replaced, an economic striker has a right to be reinstated to his or her job at any time during a labor dispute after making an unconditional request for reinstatement to the employer.
Definition
TRUE
Term
20. The "reserve gate" approach involves the establishment of an exclusive gate for entry and exit of all employees on strike.
Definition
TRUE
Term
2. Which of the following always results in a final and binding decision?
Definition
arbitration
Term
3. All but one of the following ways are used by mediators to apply pressure in a bargaining session. Which one is not applied?
Definition
siding with one party over the other
Term
5. Mediation is distinguished from arbitration by:
Definition
no final and binding decision.
Term
6. Fact-finding differs from arbitration in that:
Definition
it relies heavily on public display of fact-finders' reports.
Term
7. ____________ yields a report which is made public and which is intended to pressure the parties to come to a negotiated settlement.
Definition
Fact finding
Term
8. _____________ arises from the parties' inability to negotiate a labor agreement successfully and refers the unresolved issues to an outside neutral who conducts a hearing to receive evidence and then makes a final and binding decision within the parties' proposals.
Definition
Interest (contract arbitration)
Term
10. Final-offer total package arbitration has an advantage over conventional interest arbitration because:
Definition
it does not "split the difference" between the union's and management's final proposals.
Term
11. If an employer is the victim of a wildcat strike, which of the following options are within its rights to consider?
Definition
disciplining or discharging the strikers
Term
14. A strike is not entered into lightly by an employee. Which of the following items is least likely to be considered?
Definition
What will other people think of me?
Term
17. Factors that might affect what constitutes a ''reasonable time period'' for recall to work by economic strikers could include:
Definition
all of these
Term
19. Which of the following options (legal actions by employers) is most likely to be used by the NLRB in labor disputes after reaching an impasse over a mandatory issue?
Definition
all of these
Term
1. Reducing grievances to writing can help establish a written record of precedents that can aid in future grievance resolution.

Definition
FALSE
Term
3. A disadvantage of the written grievance is that it usually increases emotions since an employee cannot be talked out of the issue once his or her name is signed on the grievance form.

Definition
FALSE
Term
5. A common union tactic is to file several grievances over a particular issue to set the stage for future negotiations.

Definition
TRUE
Term
6. In nonunion settings, the authority of managerial policies and actions often goes unchallenged.

Definition
TRUE
Term
7. Management should deny an employee's grievance if they believe the employee is merely trying to get something for nothing.
Definition
FALSE
Term
9. Employees file grievances for only one reason: to protest a contract violation.

Definition
FALSE
Term
11. "Codified relationship" encourages the union steward to bypass the first line supervisor in the grievance process.

Definition
FALSE
Term
12. An important principle of contract administration is that the first-line supervisor and union steward are organizational "equals" in grievance handling.

Definition
TRUE
Term
13. "Power relationships" can include the union's threat to file additional (real or bogus) grievances against a particular first line supervisor.

Definition
TRUE
Term
15. Fortunately for union and management officials the courts have given rather clear guidelines and measures of "fair representation" and "union negligence."

Definition
FALSE
Term
17. Employees who claim breach of fair representation are entitled to a jury trial if monetary losses (backpay) are claimed.

Definition
TRUE
Term
17. Employees who claim breach of fair representation are entitled to a jury trial if monetary losses (backpay) are claimed.

Definition
TRUE
Term
2. Grievance procedures in nonunion firms:


Definition
do not frequently have an employee's grievance decided by a third-party neutral.

Term
4. First line supervisor answers employee grievance in writing. Which step of a typical grievance procedure is this an example of?

Definition
first step

Term
5. The _________ of a typical grievance procedure usually introduces the industrial relations representative and the union grievance committee person into the grievance procedure for reasons of precedence.

Definition
second step

Term
8. Binding decision by a third-party neutral. Which step of a typical grievance procedure is this an example of?

Definition
fourth step

Term
10. A(n) _____________ relationship would feature union stewards presenting their grievances directly to the first line supervisor in the first step.

Definition
"codified"

Term
11. The union steward and first-line supervisor both compete for the grievant's attention. Which one of the following relationships between the union steward and the first line supervisor best applies?

Definition
"power" relationship

Term
13. A(n) _________-relationship can occur when the union steward believes that grievances are "red flags" or indicators of poor supervision.
13. A(n) _________-relationship can occur when the union steward believes that grievances are "red flags" or indicators of poor supervision.


Definition
"power"

Term
14. A _________ relationship can occur between the union steward and the first line supervisor are aware of and guided by the other's situation.

Definition
"empathetic" relationship

Term
15. The realization by first line supervisors and union stewards that they both occupy marginal positions can result in:

Definition
empathetic relationships.

Term
15. The realization by first line supervisors and union stewards that they both occupy marginal positions can result in:

Definition
empathetic relationships.

Term
18. In fair representation cases, the burden of proof to establish a violation is on:

Definition
the employee.

Term
19. A Supreme Court decision related to judicial examination of union performance stressed that:

Definition
judges should give "wide latitude" to union officials to perform their duties.

Term
20. Which of the following might indicate that unions have not fulfilled their fair representation obligations?

Definition
delaying grievance processing until the time limits in the grievance procedure have expired

Term
1. Wages and other economic benefits represent income to employees, costs to an employer, and a basis for tax revenue to the government.

Definition
TRUE
Term
3. The global economy of today has made it easier for employers to pass labor cost increases on to consumers by raising product or service prices.
Definition
FALSE
Term
4. Union leaders favor job evaluation more than managers for use in designing the wage structure
Definition
FALSE
Term
5. Union leaders often view job evaluation with disfavor because it tends to limit bargaining opportunities and freeze wage structure.
Definition
TRUE
Term
8. A Scanlon plan, Rucker plan, and Improshare plan are all examples of gain sharing plans
Definition
TRUE
Term
9. Most unions consider gain sharing plans as an adequate substitute for traditional negotiated hourly wage gains
Definition
FALSE
Term
11. The majority of private sector union contracts contain a two-tier pay plan.
Definition
FALSE
Term
20. Unions generally favor the use of an employee stock ownership plan (ESOP) as a basic pension plan for employees.
Definition
FALSE
Term
2. All of the following are group incentive plans except:
Definition
Piece rate plan.
Term
3. A widely recognized group incentive plan based on labor cost savings is the:
Definition
Scanlon plan.
Term
5. The relative influence of job evaluation can be seen in the ___________, which represents the internal distribution of the proposed or negotiated wages.
Definition
wage spread
Term
6. Federal legislation has been enacted to protect workers against wage discrimination (e.g., Equal Pay Act of 1963, Civil Rights Acts of 1964and 1991, and the Age Discrimination in Employment Act of 1967). These laws prohibit paying male employees more than female employees unless the wage difference is justified on the basis of:
Definition
all of these
Term
8. The labor relations term for a written clause in a labor agreement that adjusts wages periodically in accordance with some predetermined formula tied to the rise in consumer prices is:
Definition
Cost Of Living Adjustment
Term
9. Which federal agency is responsible for computing and reporting the Consumer Price Index (CPI)?
Definition
Department of Labor
Term
10. The labor relations term for a written clause in a labor agreement which permits the parties to negotiate wage rates at some predetermined date during the life of the agreement is:
Definition
Wage re-opener.
Term
12. The labor relations term for a one-time payment made to adjust wages which does not affect an employee's hourly base wage rate is:
Definition
Lump sum pay adjustment.
Term
13. Lump sum pay adjustments appeared in ____ percent of labor contracts in 2007.
Definition
15%
Term
16. Which of the following preliminary conclusions can be reported based on a research on the effects of ESOPs?
Definition
employees identify more with the company and have greater information about its operation
Term
17. Under a cliff vesting schedule, an employee is considered fully vested after completing ____ years of service.
Definition
6
Term
19. The Family and Medical Leave Act of 1993 provide eligible employees up to ____ weeks of unpaid leave for a serious illness, birth or adoption of a child, or care of a seriously ill child, spouse, or parent.
Definition
12