Exam 15: Collective Bargaining
What does Section 8(d)of the National Labor Relations Act state with respect to duty of bargain?
Section 8(d)states that once aware of the union's majority support, the employer must recognize and bargain with the union when a majority of those employees support the union.
What are the procedural requirements under Section 8(d)of the National Labor Relations Act?
The procedural requirements under Section 8(d)of the Act include the following:
The party seeking to begin negotiations must give notice of desire to bargain at least 60 days prior to the expiration of the collective agreement, or sixty days prior to the date the agreement will go into effect.
Any existing agreement must be kept in effect for sixty days from giving notice, or until its expiry date (whichever occurs later).
Strikes and lockouts are prohibited during the sixty-day notice period
If the negotiations result in a dispute, the party seeking contract. Termination must notify the FMCS and state mediation agency within thirty days from giving the notice to bargain; no strike or lockout can occur until after thirty days from giving notice to the FMCS and state agency.
In H. K. Porter Co. v. NLRB , the dispute mainly revolves around the union's desire to have the company agree to "check off" the dues owed to the union by its members, that is, to deduct those dues periodically from the company's wage payments to the employees. The evidence shows, and the court found, that the company's objection was not because of inconvenience, but solely on the ground that the company was:
D
As long as the parties bargain with an intention to find a basis of agreement, the breakdown or deadlock of negotiations is not a violation of the:
The matters which are not directly related to wages, hours, terms and conditions of the employment and not prohibited are called:
Section 8(a) (5)requires that the employer bargain with a union that is the representative of its employees according to _____.
Section 8(g)requires that a labor organization seeking to picket or strike against a health-care institution must give both the employer and the Federal Mediation and Conciliation Service (FMCS)written notice of its intention to strike or picket at least _____ days prior to taking the action.
The National Labor Relations Act (NLRA)is explicit regarding the duty to bargain in good faith and even controls the results of the bargaining process.
Employees who go on an economic strike during the sixty-day "cooling-off" period lose their status as employees and the protections of the NLRA.
When a union and a group of employers agree upon specified wages and working conditions, the effect among the employers with respect to those wages or working conditions may be to reduce:
The Worker Adjustment and Retraining Notification (WARN)permits the creation of a separate enforcement agency and gives enforcement authority to the Department of Labor.
When negotiations result in matters of dispute, the party seeking contract termination must notify the _____ and the appropriate state mediation agency within thirty days from giving the notice to bargain.
The subjects that vitally affect the terms and conditions of the employment of the employees in the bargaining unit are called _____ bargaining subjects.
In First National Maintenance Corp. v. NLRB , the petitioner notified its Greenpark employees that they would be discharged three days later. With nothing but a perfunctory further discussion, the petitioner discontinued its Greenpark operation and discharged the employees. The union filed an unfair labor practice charge against petitioner, alleging violations of which section of the NLRA?
Which of the following statements is not true of the NLRA's approach to the duty to bargain?
The National Labor Relations Act (NLRA)provides for longer notice periods when the collective bargaining involves the employees of a(n):
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