Exam 18: The Rights of Union Members

The duty of fair representation was developed by the courts because of the union's role as exclusive bargaining agent for the:

If the employee's complaint involves action by both the employer and the union, Section 301 of the NLRA would be preferable.

The rights of freedom of speech and assembly for union members are provided under Section _____ of the Labor Management Reporting and Disclosure Act.

The National Labor Relations Board has exclusive jurisdiction over claims of the breach of the duty of fair representation.

Edward Owen, an employee at On-Time Transports Inc., files a suit against the employer for the breach of the duty of fair representation involving allegations of discrimination based on national origin. Edward can claim remedies under:

Ronald Heatherman, a union officer at Devon Mining Company Inc., finds that a few union members along with the union leader are misusing the union funds. Ronald decides to take reasonable action against the union leader and other union members. Under which act can Ronald take action to safeguard union funds?

In Chauffeurs, Teamsters and Helpers, Local No. 391 v. Terry, it was held that an employee who seeks back pay as a remedy for a union's violation of the duty of fair representation is entitled to:

The Labor Management Reporting and Disclosure Act (LMRDA)sought to ensure that union members were guaranteed certain rights when subjected to internal union proceedings.

In _____ , the Supreme Court held that to recover damages against both the employer and the union, the employee must prove both that the employer's actions violated the collective agreement and that the union's handling of the grievance breached the duty of fair representation.

Describe the duties of union officers.

Discuss the list of unfair labor practices that was added to the National Labor Relation Act by the Taft-Hartley Act.

Under which provision of the National Labor Relations Act is improper disciplinary action protected?

Explain the election procedure and requirements for election under Section 401 of the LMRDA?

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:

The Landrum-Griffin Act of 1959 added the union member's bill of rights to the National Labor Relations Act.

Keith Evans, the union leader at Riviera Die Castings Inc., decides to express his opinion regarding unfair labor practice at the company, but the employer threatens him with termination if he communicates with union members. In this case, the employer has violated _____ of the Labor Management Reporting and Disclosure Act, which provides the rights of freedom of speech and assembly for union members.

Briefly describe the union members' bill of rights.

Who creates the union's duty of fair representation?

The requirement of exhausting contractual remedies flows from the policy of fostering:

Waylon Smithers, the new production employee at Springfield plant of Immense Multinational Business, tells you, the human resource manager, that he is unwilling to join the union. You are not in a position to accept his demand as the collective agreement has a _____ requiring employees in the bargaining unit to join the union and to maintain their membership in good standing.