Module 5 Sections 7 - 10

"Bumping" refers to the practice of allowing more senior workers whose jobs have been eliminated to transfer into jobs of less senior workers. This means that if a senior worker's position is eliminated, they have the right to take over a position held by a less senior worker, displacing them from their job. This practice is often used as a way to retain experienced employees and minimize layoffs during downsizing or restructuring.

The statement implies that any labor union has the right to try to organize workers in any company. This means that there are no restrictions or limitations on which unions can attempt to organize workers in a particular company. Therefore, the correct answer is "True."

When an employer bargains with several unions simultaneously, it is known as coordinated collective bargaining. In this type of bargaining, the employer negotiates with multiple unions at the same time, addressing the concerns and demands of each union separately but within an overall coordinated framework. This approach allows for a more efficient and cohesive negotiation process, as it ensures that the agreements reached with each union are consistent and compatible with the overall goals and strategies of the employer.

In order for the National Labor Relations Board (NLRB) to order an election, a certain percentage of eligible employees in a prospective bargaining unit must sign authorization cards. The correct answer is 30%, indicating that at least 30% of the eligible employees need to sign the authorization cards for the NLRB to proceed with ordering an election.

A clause that states when workers take jobs in a specific bargaining unit, they must join the union within a certain period of time is called a "Union Shop." In a Union Shop, although workers are not required to join the union before being hired, they must become union members after a specified timeframe. This type of arrangement allows the union to have a strong presence and influence within the workplace, ensuring that all employees eventually become union members.

Picketing may be a protected union activity because it involves workers gathering outside a workplace to protest or demonstrate, usually by holding signs or banners. It is a form of peaceful protest that allows workers to express their grievances and put pressure on their employer to address their concerns. Picketing is often protected by labor laws as long as it is conducted peacefully and does not involve any illegal activities.

An Excelsior List is a listing of names and addresses of all eligible bargaining unit employees. This list is used in the context of labor unions and is typically requested by the union during a representation election or when they are seeking to represent a particular group of employees. The Excelsior List helps the union to communicate with and reach out to the employees who are eligible to vote or be represented by the union.

Double Breasting refers to the practice where a common owner operates both a unionized business and a non-unionized business. This allows the owner to take advantage of the benefits of having a unionized workforce in one business while avoiding the costs and restrictions associated with unions in the other business. This practice can be seen as a way for the owner to maintain control and flexibility over their operations while minimizing labor costs and potential labor disputes.

When a strike is the result of an Unfair Labor Practice (ULP), the employer is required to displace workers hired on a temporary basis and reinstate striking workers. This means that if the strike is caused by the employer engaging in unfair labor practices, such as interfering with employee rights or refusing to bargain in good faith, the employer cannot hire replacement workers and must reinstate the striking workers once the strike is over.

Unlawful circumvention refers to the act of trying to bypass or avoid the established negotiation process by discussing proposals directly with employees that were not presented during negotiations. This is considered unlawful because it undermines the collective bargaining process and the authority of the union. It is important for both parties to adhere to the negotiation process and not engage in tactics that undermine the bargaining power of the union.

A union that concentrates on negotiations with one employer and then negotiates similar contracts with competitors is using pattern collective bargaining. This approach involves establishing a standard agreement with one employer and then using it as a template to negotiate similar contracts with other employers in the same industry. By doing so, the union aims to achieve consistent terms and conditions for their members across multiple employers. This strategy allows the union to leverage its bargaining power and streamline negotiations, ultimately benefiting its members.

The correct answer is the Wagner Act. The NLRA, also known as the National Labor Relations Act, was passed in 1935 and is often referred to as the Wagner Act after its sponsor, Senator Robert F. Wagner. The act was significant as it established the rights of employees to organize and bargain collectively through labor unions, and created the National Labor Relations Board (NLRB) to enforce these rights. The Norris-LaGuardia Act, Weingarten Rights, and Clayton Act are separate pieces of legislation related to labor and employment law, but they are not alternative names for the NLRA.

Coalition bargaining refers to a situation where multiple employers negotiate with a single union. In this type of collective bargaining, the employers form a coalition or alliance to negotiate collectively with the union, presenting a unified front. This approach allows the employers to pool their resources and bargaining power, increasing their leverage in negotiations with the union. By forming a coalition, the employers can present a united position and negotiate more effectively, potentially achieving better outcomes for their respective organizations.

A ULP stands for Unfair Labor Practice. This term refers to any action or behavior by an employer or a labor organization that violates the rights of employees under labor laws. It includes actions such as interfering with employees' rights to form, join, or assist labor organizations, restraining or coercing employees in the exercise of these rights, or refusing to bargain in good faith with employee representatives. ULPs are regulated by labor laws and can lead to legal consequences and penalties.

Hot cargo clauses were agreements that allowed union workers to refrain from handling goods made by nonunion labor or plants on strike. This means that if a union worker came across goods that were produced by nonunion labor or plants on strike, they were not obligated to handle or work with those goods. This clause provided a way for union workers to show solidarity with their fellow union members and support their strike actions by refusing to handle goods made by nonunion labor.

The correct answer is "Railroad and airline employees." The Railway Labor Act, amended in 1936, specifically covers employees in the railroad and airline industries. This act provides regulations and procedures for labor relations, including collective bargaining and dispute resolution, in these industries.

A neutrality agreement is a contract between a union and an employer where the employer agrees not to resist or oppose the union's efforts to organize its workforce. This agreement allows the union to carry out its organizing activities without interference from the employer, creating a more cooperative environment for the union. It is different from a collective bargaining agreement, which outlines the terms and conditions of employment for the organized workforce. A right to work agreement refers to laws that prohibit mandatory union membership as a condition of employment. A gag rule refers to a restriction on speech or communication.

In all industries except healthcare, a decertification petition must be filed between 60 and 90 days before the expiration of a current contract.

The Civil Service Reform Act extended the collective bargaining rights specifically to federal employees. This means that it gave federal employees the ability to negotiate and bargain with their employers, the government, for better working conditions, wages, and benefits. This act aimed to ensure that federal employees have a voice in their workplace and can advocate for their rights and interests through collective bargaining.

Recognitional picketing is a form of protest conducted by a union to persuade an employer to recognize the union as the official representative for collective bargaining purposes. By engaging in picketing, the union aims to gain the employer's acceptance and acknowledgment of their role in negotiating on behalf of the employees. This form of picketing is not focused on recognizing companies that campaign against unions or informing the public about an employer's nonunion status. Its primary objective is to secure the employer's recognition of the union as the bargaining representative.

The NLRB will not bar a petition for an election based on the reason that too many lawsuits have been filed against the company. This means that even if there are multiple lawsuits pending against the company, it will not prevent the employees from filing a petition for an election to form a union. The other three options mentioned in the question - a valid CBA already exists, a union has been initially certified during the previous 12 months, and a ULP affecting the proposed bargaining unit is pending - are valid reasons that can potentially bar a petition for an election.

The Taft-Hartley Act prohibits unions from engaging in ULPs (Unfair Labor Practices). This means that the act restricts certain actions that unions can take during labor disputes or negotiations, such as coercive tactics or unfair treatment of employers or employees. The act was created by Senator Taft and Bob Hartley, and one of its aims was to balance the power between unions and employers. By prohibiting unions from engaging in ULPs, the act helps maintain a fair and balanced labor environment. It does not directly address employers' engagement in ULPs or protect freedom of speech.

In order to change an existing Collective Bargaining Agreement (CBA), a company must notify the other party 60 days before the expiration of the contract. This allows both parties to have sufficient time to review and negotiate any proposed changes to the agreement before it expires.

Vacations and Holidays are not examples of voluntary/permissive subjects because they are typically mandated by labor laws or employment contracts. They are not negotiable or subject to voluntary agreements between employers and employees. On the other hand, Benefits for retired members, Settlement of ULPs (Unfair Labor Practices), and Neutrality agreements are all examples of issues that can be voluntarily negotiated and agreed upon between employers and employees or their representatives.

A simple majority of those casting a ballot refers to the requirement that more than half of the votes cast in a union certification election must be in favor of the union in order for it to be certified. This means that if there are 100 votes cast, at least 51 votes must be in favor of the union for it to be certified. The percentage of votes required may vary depending on the specific rules and regulations of the organization or jurisdiction.

Reserved subjects are not a category of collective bargaining subjects. Collective bargaining subjects can be categorized into mandatory subjects, voluntary subjects, and illegal subjects. Mandatory subjects refer to issues that must be negotiated by law, such as wages and working conditions. Voluntary subjects are topics that can be negotiated at the discretion of the parties involved, such as employee benefits. Illegal subjects are those that are prohibited by law, such as discrimination. Reserved subjects, however, do not fall into any of these categories and are not typically included in collective bargaining discussions.