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Negotiation Law: Labor and Employment Negotiations

Description: This quiz will test your knowledge of the legal aspects of labor and employment negotiations.
Number of Questions: 15
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Tags: labor law employment law negotiation
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What is the primary purpose of a collective bargaining agreement (CBA)?

  1. To establish the terms and conditions of employment for a group of employees.

  2. To resolve disputes between an employer and a union.

  3. To provide a mechanism for employees to voice their concerns to management.

  4. To protect the rights of employees who are being discriminated against.


Correct Option:
Explanation:

A collective bargaining agreement (CBA) is a legally binding contract between an employer and a union that sets the terms and conditions of employment for a group of employees.

What is the role of the National Labor Relations Board (NLRB) in labor negotiations?

  1. To enforce the National Labor Relations Act.

  2. To mediate disputes between employers and unions.

  3. To conduct secret-ballot elections to determine if a union should represent a group of employees.

  4. All of the above.


Correct Option:
Explanation:

The National Labor Relations Board (NLRB) is responsible for enforcing the National Labor Relations Act, mediating disputes between employers and unions, and conducting secret-ballot elections to determine if a union should represent a group of employees.

What is the difference between a mandatory subject of bargaining and a permissive subject of bargaining?

  1. Mandatory subjects of bargaining are those that must be negotiated between an employer and a union, while permissive subjects of bargaining are those that may be negotiated but are not required.

  2. Mandatory subjects of bargaining are those that are specifically mentioned in the National Labor Relations Act, while permissive subjects of bargaining are those that are not mentioned in the Act.

  3. Mandatory subjects of bargaining are those that are essential to the terms and conditions of employment, while permissive subjects of bargaining are those that are not essential.

  4. Mandatory subjects of bargaining are those that are agreed to by both the employer and the union, while permissive subjects of bargaining are those that are not agreed to by both parties.


Correct Option:
Explanation:

Mandatory subjects of bargaining are those that must be negotiated between an employer and a union, while permissive subjects of bargaining are those that may be negotiated but are not required.

What is the duty of fair representation?

  1. The duty of fair representation requires a union to represent all of its members equally, regardless of their race, religion, gender, or other protected characteristics.

  2. The duty of fair representation requires a union to negotiate in good faith with an employer on behalf of its members.

  3. The duty of fair representation requires a union to provide its members with a fair and impartial hearing before taking disciplinary action against them.

  4. All of the above.


Correct Option:
Explanation:

The duty of fair representation requires a union to represent all of its members equally, regardless of their race, religion, gender, or other protected characteristics; to negotiate in good faith with an employer on behalf of its members; and to provide its members with a fair and impartial hearing before taking disciplinary action against them.

What is a grievance procedure?

  1. A grievance procedure is a formal process for resolving disputes between an employer and a union over the interpretation or application of a collective bargaining agreement.

  2. A grievance procedure is a process for resolving disputes between an employer and an individual employee.

  3. A grievance procedure is a process for resolving disputes between two unions.

  4. A grievance procedure is a process for resolving disputes between an employer and a government agency.


Correct Option:
Explanation:

A grievance procedure is a formal process for resolving disputes between an employer and a union over the interpretation or application of a collective bargaining agreement.

What is an arbitration clause?

  1. An arbitration clause is a provision in a collective bargaining agreement that requires the parties to submit any disputes that cannot be resolved through the grievance procedure to arbitration.

  2. An arbitration clause is a provision in a collective bargaining agreement that requires the parties to submit all disputes to arbitration.

  3. An arbitration clause is a provision in a collective bargaining agreement that allows the parties to submit disputes to arbitration if they agree to do so.

  4. An arbitration clause is a provision in a collective bargaining agreement that prohibits the parties from submitting disputes to arbitration.


Correct Option:
Explanation:

An arbitration clause is a provision in a collective bargaining agreement that requires the parties to submit any disputes that cannot be resolved through the grievance procedure to arbitration.

What is a wildcat strike?

  1. A wildcat strike is a strike that is not authorized by the union.

  2. A wildcat strike is a strike that is called by the union but is not supported by the majority of the members.

  3. A wildcat strike is a strike that is called by the union but is not supported by the employer.

  4. A wildcat strike is a strike that is called by the employer but is not supported by the union.


Correct Option:
Explanation:

A wildcat strike is a strike that is not authorized by the union.

What is a lockout?

  1. A lockout is a work stoppage in which an employer refuses to allow its employees to work.

  2. A lockout is a work stoppage in which a union refuses to allow its members to work.

  3. A lockout is a work stoppage in which both the employer and the union refuse to allow employees to work.

  4. A lockout is a work stoppage in which the government refuses to allow employees to work.


Correct Option:
Explanation:

A lockout is a work stoppage in which an employer refuses to allow its employees to work.

What is a sympathy strike?

  1. A sympathy strike is a strike in which employees of one employer strike in support of employees of another employer who are on strike.

  2. A sympathy strike is a strike in which employees of one employer strike in support of employees of the same employer who are on strike.

  3. A sympathy strike is a strike in which employees of one employer strike in support of employees of a different union who are on strike.

  4. A sympathy strike is a strike in which employees of one employer strike in support of employees of the government who are on strike.


Correct Option:
Explanation:

A sympathy strike is a strike in which employees of one employer strike in support of employees of another employer who are on strike.

What is a secondary boycott?

  1. A secondary boycott is a boycott in which a union encourages consumers to boycott the products or services of an employer who is in a labor dispute with another union.

  2. A secondary boycott is a boycott in which a union encourages consumers to boycott the products or services of an employer who is in a labor dispute with the same union.

  3. A secondary boycott is a boycott in which a union encourages consumers to boycott the products or services of an employer who is in a labor dispute with a different union.

  4. A secondary boycott is a boycott in which a union encourages consumers to boycott the products or services of an employer who is in a labor dispute with the government.


Correct Option:
Explanation:

A secondary boycott is a boycott in which a union encourages consumers to boycott the products or services of an employer who is in a labor dispute with another union.

What is a hot cargo agreement?

  1. A hot cargo agreement is an agreement between an employer and a union in which the employer agrees not to handle or transport goods or services that are produced by a company that is in a labor dispute with the union.

  2. A hot cargo agreement is an agreement between an employer and a union in which the employer agrees not to handle or transport goods or services that are produced by a company that is in a labor dispute with another union.

  3. A hot cargo agreement is an agreement between an employer and a union in which the employer agrees not to handle or transport goods or services that are produced by a company that is in a labor dispute with the government.

  4. A hot cargo agreement is an agreement between an employer and a union in which the employer agrees not to handle or transport goods or services that are produced by a company that is not in a labor dispute.


Correct Option:
Explanation:

A hot cargo agreement is an agreement between an employer and a union in which the employer agrees not to handle or transport goods or services that are produced by a company that is in a labor dispute with the union.

What is a common law right?

  1. A common law right is a right that is created by the courts.

  2. A common law right is a right that is created by the legislature.

  3. A common law right is a right that is created by the executive branch of government.

  4. A common law right is a right that is created by the people.


Correct Option:
Explanation:

A common law right is a right that is created by the courts.

What is a statutory right?

  1. A statutory right is a right that is created by the legislature.

  2. A statutory right is a right that is created by the courts.

  3. A statutory right is a right that is created by the executive branch of government.

  4. A statutory right is a right that is created by the people.


Correct Option:
Explanation:

A statutory right is a right that is created by the legislature.

What is a constitutional right?

  1. A constitutional right is a right that is created by the Constitution.

  2. A constitutional right is a right that is created by the legislature.

  3. A constitutional right is a right that is created by the courts.

  4. A constitutional right is a right that is created by the executive branch of government.


Correct Option:
Explanation:

A constitutional right is a right that is created by the Constitution.

What is the Equal Pay Act?

  1. The Equal Pay Act is a federal law that prohibits employers from discriminating against employees on the basis of sex in the payment of wages.

  2. The Equal Pay Act is a state law that prohibits employers from discriminating against employees on the basis of sex in the payment of wages.

  3. The Equal Pay Act is a federal law that prohibits employers from discriminating against employees on the basis of race or national origin in the payment of wages.

  4. The Equal Pay Act is a state law that prohibits employers from discriminating against employees on the basis of race or national origin in the payment of wages.


Correct Option:
Explanation:

The Equal Pay Act is a federal law that prohibits employers from discriminating against employees on the basis of sex in the payment of wages.

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