Exam 18: The Rights of Union Members

Executive Order 13201 requires the government employers to post notices in the workplace informing employees subject to a union security agreement that they have the right to refuse to pay a portion of their union dues.

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(True/False)

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Question 1

Correct Answer:

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False

How is the duty of fair representation enforced?

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(Essay)

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Question 2

Correct Answer:

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The duty of fair representation may be enforced by either a Section 301 suit or a Section 8(b) (1) (A)unfair labor practice proceeding. Before either action can be initiated, the employee alleging breach of the duty of fair representation must attempt to exhaust internal remedies that may be available.

What are the rights guaranteed under Section 101(a) (1)of the Labor Management Reporting and Disclosure Act?

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(Essay)

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Question 3

Correct Answer:

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The right of union members to participate in all membership business, such as meetings, discussions, referendums, and elections, is guaranteed by Section 101(a) (1)of the LMRDA. This right to participate is subject to the reasonable rules and regulations of the union's constitution and bylaws.

For an employee union, which of the following constitutes a breach of its duty of fair representation?

(Multiple Choice)

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Question 4

In Miranda Fuel Co., it was held that a breach of the duty of fair representation by a union was a violation of _____ of the National Labor Relations Act.

(Multiple Choice)

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Question 5

_____ of the Labor Management Reporting and Disclosure Act, guarantees the right of union members to participate in all membership business.

(Multiple Choice)

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Question 6

In Herman v. Local 1011, United Steelworkers of America, the constitution of the steelworker's international union conditions eligibility for local office on the member's having attended at least eight of the local's monthly meetings within the two years preceding the election. Noting that the rule disqualifies 92 percent of the almost 3,000 members of Local 1011 of the steelworkers union, the District Judge, at the behest of the Secretary of Labor:

(Multiple Choice)

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Question 7

In Marquez v. Screen Actors Guild, the court held that negotiating a union security clause that incorporates the language of Section 8(a) (3)of the NLRA is not a violation of the union's:

(Multiple Choice)

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Question 8

In 1947, the Taft-Hartley Act added a list of union unfair labor practices to the NLRA, which included all of the following except :

(Multiple Choice)

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Question 9

Section 8(b) (2)of NLRA, prohibits unions from causing an employer to discriminate against the employees in terms and conditions of employment because they:

(Multiple Choice)

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Question 10

The National Labor Relations Board holds that breach of the duty of fair representation by a union is a(n):

(Multiple Choice)

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Question 11

Section 304 of the Taft-Hartley Act, along with related federal laws, controls:

(Multiple Choice)

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Question 12

The union members' bills of rights is established under the:

(Multiple Choice)

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Question 13

In Steelworkers v. Rawson, the Supreme Court held that the allegations that the union had been negligent in its duty under the collective agreement to conduct safety inspections did not amount to a:

(Multiple Choice)

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Question 14

Unions cannot use the dues or fees of non-union employees to pay for union activities that do not relate to collective bargaining, according to:

(Multiple Choice)

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Question 15

What is meant by exhausting internal remedies?

(Essay)

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Question 16

In a wage dispute at Schindler Steels, the union participated in the negotiation without exhibiting favoritism to the employees. The union leadership was appreciative of the management constraints and was willing to renegotiate their demands accordingly. This action of the union is representative of its:

(Multiple Choice)

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Question 17

Where the employee has established a breach of the collective agreement by the employer and a breach of the duty of fair representation by the union, the employer and the union must share liability.

(True/False)

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Question 18

One of the remedies available under Section 301 of the NLRA is:

(Multiple Choice)

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Question 19

If a breach of the duty of fair representation involves claims of discrimination based on race, sex, religion, or national origin, the affected employees may also have legal remedies under:

(Multiple Choice)

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Question 20

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Executive Order 13201 requires the government employers to post notices in the workplace informing employees subject to a union security agreement that they have the right to refuse to pay a portion of their union dues.

How is the duty of fair representation enforced?

What are the rights guaranteed under Section 101(a) (1)of the Labor Management Reporting and Disclosure Act?

For an employee union, which of the following constitutes a breach of its duty of fair representation?

In Miranda Fuel Co., it was held that a breach of the duty of fair representation by a union was a violation of _____ of the National Labor Relations Act.

_____ of the Labor Management Reporting and Disclosure Act, guarantees the right of union members to participate in all membership business.

In Marquez v. Screen Actors Guild, the court held that negotiating a union security clause that incorporates the language of Section 8(a) (3)of the NLRA is not a violation of the union's:

In 1947, the Taft-Hartley Act added a list of union unfair labor practices to the NLRA, which included all of the following except :

Section 8(b) (2)of NLRA, prohibits unions from causing an employer to discriminate against the employees in terms and conditions of employment because they:

The National Labor Relations Board holds that breach of the duty of fair representation by a union is a(n):

Section 304 of the Taft-Hartley Act, along with related federal laws, controls:

The union members' bills of rights is established under the:

In Steelworkers v. Rawson, the Supreme Court held that the allegations that the union had been negligent in its duty under the collective agreement to conduct safety inspections did not amount to a:

Unions cannot use the dues or fees of non-union employees to pay for union activities that do not relate to collective bargaining, according to:

What is meant by exhausting internal remedies?

Where the employee has established a breach of the collective agreement by the employer and a breach of the duty of fair representation by the union, the employer and the union must share liability.

One of the remedies available under Section 301 of the NLRA is:

If a breach of the duty of fair representation involves claims of discrimination based on race, sex, religion, or national origin, the affected employees may also have legal remedies under:

First the Forest, Then the Trees: an Overview of Employment and Labor Law

Employment Contracts and Wrongful Discharge

Commonly Committed Workplace Torts

Employee Privacy Rights in the 21st Century

The Global Perspective: International Employment Law and American Immigration Policy

Title Vii of the Civil Rights Act and Race Discrimination

Gender and Family Issues: Title Vii and Other Legislation

Discrimination Based on Religion and National Origin and Procedures Under Title Vii

Discrimination Based on Age

Discrimination Based on Disability

Other Equal Employment Opportunity and Employment Legislation: Federal and State Laws

The Rise of Organized Labor and Its Regulatory Framework

The Unionization Process

Unfair Labor Practices by Employers and Unions

Collective Bargaining

Picketing and Strikes

The Enforcement and Administration of the Collective Agreement

Public Sector Labor Relations

Occupational Safety and Health

The Employees Safety Nets: Unemployment and Workers Compensation, Social Security, and Retirement Plans

The Fair Labor Standards Act

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