Enforcement of the NLRA: A Comprehensive Guide for Law and Government Students

Question 1

Which agency enforces the National Labor Relations Act (NLRA)?

Accepted Answer

National Labor Relations Board (NLRB)

Answer

Equal Employment Opportunity Commission (EEOC)

Answer

Federal Trade Commission (FTC)

Answer

Occupational Safety and Health Administration (OSHA)

Question 2

When an employee files an unfair labor practice charge, the NLRB will first:

Accepted Answer

Conduct an investigation

Answer

Issue a complaint against the employer

Answer

Dismiss the charge if it lacks merit

Answer

Refer the case to a federal court

Question 3

The NLRB conducts elections to determine:

Accepted Answer

Whether employees want to be represented by a union

Answer

The terms of a collective bargaining agreement

Answer

The appropriate bargaining unit

Answer

The amount of union dues

Question 4

The Taft-Hartley Act made significant amendments to the NLRA, including:

Accepted Answer

Restricting certain union activities

Answer

Giving unions more power and influence

Answer

Establishing the NLRB

Answer

Prohibiting employers from interfering with union organizing

Question 5

Which of the following activities is protected by the NLRA?

Accepted Answer

Distributing union literature at the workplace

Answer

Refusing to work overtime

Answer

Engaging in a strike without giving proper notice

Answer

Damaging company property

Question 6

The NLRA primarily covers:

Accepted Answer

Private sector employers

Answer

Public sector employers

Answer

Non-profit organizations

Answer

Agricultural workers

Question 7

Which of the following is NOT a purpose of the NLRA?

Accepted Answer

Regulate wages and working hours

Answer

Promote collective bargaining

Answer

Prevent unfair labor practices

Answer

Protect the rights of individual workers

Question 8

The NLRB is an:

Accepted Answer

Independent federal agency

Answer

Part of the Department of Labor

Answer

Advisory board

Answer

Congressional committee

Question 9

Which federal agency enforces the National Labor Relations Act (NLRA)?

Accepted Answer

National Labor Relations Board (NLRB)

Answer

Equal Employment Opportunity Commission (EEOC)

Answer

Occupational Safety and Health Administration (OSHA)

Answer

Department of Justice (DOJ)

Question 10

Who enforces the National Labor Relations Act?

Accepted Answer

National Labor Relations Board (NLRB)

Answer

Department of Labor

Answer

Equal Employment Opportunity Commission (EEOC)

Answer

Occupational Safety and Health Administration (OSHA)

Question 11

Which federal agency is primarily responsible for enforcing the provisions of the NLRA?

Accepted Answer

National Labor Relations Board (NLRB)

Answer

Equal Employment Opportunity Commission (EEOC)

Answer

Department of Labor (DOL)

Answer

Supreme Court of the United States

Question 12

What is the primary purpose of conducting a union representation election?

Accepted Answer

To determine whether employees wish to be represented by a labor union

Answer

To resolve labor disputes between unions and employers

Answer

To establish a union as the exclusive bargaining agent for employees

Answer

To prevent unfair labor practices

Question 13

When determining the appropriate bargaining unit, which of the following factors is NOT typically considered by the NLRB?

Accepted Answer

Employee turnover rate

Answer

Commonality of employee interests

Answer

History of collective bargaining within the unit

Answer

Employees' geographic dispersion

Question 14

What is the primary responsibility of the General Counsel of the NLRB?

Accepted Answer

Investigating unfair labor practice charges and issuing complaints

Answer

Representing the NLRB in court proceedings

Answer

Conducting union representation elections

Answer

Determining appropriate bargaining units

Question 15

Under the NLRA, which section guarantees employees the right to form unions and bargain collectively?

Accepted Answer

Section 7

Answer

Section 8(a)(1)

Answer

Section 10(b)

Question 16

Which key difference distinguishes union representation elections from unfair labor practice hearings conducted by the NLRB?

Accepted Answer

Representation elections use secret ballots, unlike unfair labor practice hearings.

Answer

Both employees and employers can initiate representation elections, but only employees can initiate unfair labor practice hearings.

Answer

Representation elections bind only the union, while unfair labor practice hearings bind both the union and the employer.

Answer

Unfair labor practice hearings are held exclusively before the NLRB, while representation elections are held before regional directors.

Question 17

Which of the following is outside the scope of the National Labor Relations Board's (NLRB) responsibilities under the NLRA?

Accepted Answer

Determining minimum wage rates

Answer

Supervising union representation elections

Answer

Handling unfair labor practices

Answer

Explaining provisions of the NLRA

Question 18

How did the National Labor Relations Act (NLRA) affect the power dynamic between labor unions and employers?

Accepted Answer

The NLRA strengthened labor unions.

Answer

The NLRA weakened labor unions.

Answer

The NLRA strengthened employers.

Answer

The NLRA had no impact on the power balance.

Question 19

What is the first step in the NLRB union representation election process?

Accepted Answer

Filing a petition with the NLRB

Answer

Conducting an employee vote

Answer

Negotiating a collective bargaining agreement

Answer

Striking

Question 20

What is the role of the Administrative Law Judge (ALJ) in NLRB proceedings?

Accepted Answer

To conduct hearings, take evidence, and issue initial decisions on unfair labor practice charges

Answer

To conduct union representation elections

Answer

To review NLRB decisions and issue final orders

Answer

To enforce NLRB orders in court

Question 21

Under the NLRA, what is the primary responsibility of employers and unions during collective bargaining?

Accepted Answer

Meet and negotiate in good faith, aiming to reach an agreement

Answer

Accept all demands from the other party

Answer

Avoid discussing mandatory bargaining topics like wages and benefits

Question 22

Which of the following is NOT considered an unfair labor practice under the NLRA?

Accepted Answer

Providing employees with benefits that are not available to union members

Answer

Refusing to bargain in good faith with a certified union

Answer

Interfering with employees' right to organize

Answer

Requiring employees to join a union as a condition of employment

Question 23

What is the primary responsibility of the NLRB in enforcing the NLRA?

Accepted Answer

To investigate unfair labor practice charges

Answer

To certify union representation elections

Answer

To negotiate collective bargaining agreements

Answer

To prosecute employers who violate the NLRA

Question 24

Which of the following is NOT a remedy that the NLRB may order to remedy violations of the NLRA?

Accepted Answer

Imposing fines on employers

Answer

Cease-and-desist orders

Answer

Back pay awards

Answer

Reinstatement of employees with back pay

Question 25

What is the primary goal of mediation in the context of labor disputes?

Accepted Answer

To reach a compromise agreement that is acceptable to both parties

Answer

To determine which party is at fault

Answer

To impose a binding settlement on the parties

Answer

To provide legal advice to both parties

Question 26

Describe the typical steps in the NLRB's process for resolving an unfair labor practice complaint.

Accepted Answer

Investigation, hearing, and decision by the NLRB

Answer

Immediate lawsuit in federal court

Answer

Referral to the US Attorney General

Answer

Settlement negotiations between complainant and respondent

Question 27

What is the primary purpose of a union representation election conducted by the National Labor Relations Board (NLRB)?

Accepted Answer

To determine whether employees wish to be represented by a union for collective bargaining

Answer

To elect officers for the union

Answer

To negotiate a collective bargaining agreement with the employer

Answer

To resolve unfair labor practice disputes

Question 28

Which of the following activities is NOT a function of the National Labor Relations Board (NLRB)?

Accepted Answer

Negotiating collective bargaining agreements on behalf of employees

Answer

Investigating unfair labor practice charges filed by employees or unions

Answer

Conducting union representation elections

Answer

Interpreting and enforcing the provisions of the NLRA

Question 29

True or False: The National Labor Relations Act (NLRA) empowers the NLRB to order employers to reinstate employees who have been unlawfully discharged due to union activity.

Accepted Answer

True

Answer

False

Question 30

True or False: The National Labor Relations Act (NLRA) applies to all public sector employers.

Accepted Answer

False

Answer

True

Question 31

What is the primary goal of the National Labor Relations Act (NLRA)?

Accepted Answer

To promote collective bargaining and protect the rights of employees and employers in labor relations

Answer

To regulate wages and hours of work

Answer

To prevent discrimination in employment

Answer

To provide unemployment benefits

Question 32

Which of the following is NOT a prohibited unfair labor practice under the NLRA?

Accepted Answer

Offering employees incentives to vote for unionization

Answer

Interfering with the formation or administration of a union

Answer

Refusing to bargain in good faith with a certified union

Answer

Discriminating against employees for engaging in protected concerted activities

Question 33

Who has primary responsibility for enforcing the NLRA?

Accepted Answer

The National Labor Relations Board (NLRB)

Answer

The Equal Employment Opportunity Commission (EEOC)

Answer

The Department of Labor (DOL)

Answer

The Supreme Court of the United States

Question 34

What is the primary purpose of a union representation election?

Accepted Answer

To determine whether a majority of employees in a bargaining unit want to be represented by a union

Answer

To select the officers of a union

Answer

To negotiate a collective bargaining agreement

Answer

To resolve grievances between employees and their employer

Question 35

What is the difference between a union shop and an agency shop?

Accepted Answer

In a union shop, all employees must join the union; in an agency shop, only employees who are union members must pay union dues.

Answer

In an agency shop, all employees must join the union; in a union shop, only employees who are union members must pay union dues.

Answer

There is no difference between a union shop and an agency shop.

Answer

In a union shop, employees may opt out of paying union dues; in an agency shop, employees may not opt out of paying union dues.

Question 36

What is the primary role of a mediator in a labor dispute?

Accepted Answer

To facilitate negotiations between the parties

Answer

To issue a binding decision

Answer

To represent the interests of the employees

Answer

To represent the interests of the employer

Question 37

What is the primary role of the National Mediation Board (NMB)?

Accepted Answer

To mediate disputes in the railroad and airline industries

Answer

To conduct union representation elections

Answer

To enforce the NLRA

Answer

To resolve grievances between employees and their employers

Question 38

Which of the following is NOT considered an unfair labor practice under the NLRA?

Accepted Answer

Hiring permanent replacements for striking workers

Answer

Interfering with employee rights to organize and bargain collectively

Answer

Discriminating against employees for union activities

Answer

Refusing to bargain in good faith with a certified union

Question 39

What is the initial step in the NLRB's unfair labor practice complaint process?

Accepted Answer

Filing a charge of unfair labor practices with the regional NLRB office

Answer

Issuing a complaint against the alleged violator

Answer

Holding a hearing to determine the facts of the case

Answer

Seeking an injunction in federal court

Question 40

Which of the following factors is a primary consideration for the NLRB in determining an appropriate bargaining unit?

Accepted Answer

Community of interest among employees

Answer

Employer's preference

Answer

Union's request

Answer

Size of the workforce

Question 41

What is the primary purpose of a secret ballot election in the union representation process?

Accepted Answer

To ensure that employees can freely express their choice without fear of reprisal

Answer

To facilitate the unionization of larger workplaces

Answer

To expedite the certification process

Answer

To provide a public record of the election results

Question 42

What is the primary responsibility of the NLRB's Office of the General Counsel?

Accepted Answer

Investigates unfair labor practice charges and prosecutes cases before the Board

Answer

Represents the Board in court proceedings

Answer

Sets policy for the NLRB

Answer

Conducts representation elections and certifies bargaining units

Question 43

Which of the following is NOT a right protected by Section 7 of the NLRA?

Accepted Answer

To engage in political activities

Answer

To organize and bargain collectively

Answer

To engage in concerted activities for mutual aid or protection

Answer

To refrain from union activities

Question 44

What is the purpose of the NLRA's "cooling-off" period?

Accepted Answer

To provide a period of negotiation and mediation before a strike or lockout can occur

Answer

To give employers time to prepare for a strike

Answer

To allow unions to build support for a strike

Answer

To prevent strikes during periods of national emergency

Question 45

Which of the following is NOT an unfair labor practice under the NLRA?

Accepted Answer

An employer matching benefits provided to employees who are not union members

Answer

An employer refusing to bargain collectively in good faith with a union

Answer

An employer interfering with employee attempts to organize a union

Answer

An employer discharging an employee because of union activities

Question 46

Who is responsible for administering and enforcing the provisions of the NLRA?

Accepted Answer

National Labor Relations Board (NLRB)

Answer

Equal Employment Opportunity Commission (EEOC)

Answer

Department of Justice (DOJ)

Answer

Occupational Safety and Health Administration (OSHA)

Question 47

What is the primary purpose of a union representation election?

Accepted Answer

To decide whether a union will represent employees in collective bargaining negotiations

Answer

To determine the salaries and benefits that employees will receive

Answer

To resolve disputes between employees and their employer

Question 48

Which of the following activities is considered protected concerted activity under the NLRA?

Accepted Answer

Employees discussing working conditions and compensation

Answer

Employees engaging in a wildcat strike without giving proper notice to their employer

Answer

Employees protesting the employer's business practices without a lawful purpose

Answer

Employees refusing to work overtime without receiving additional compensation

Question 49

What was the main motivation behind the Taft-Hartley Act?

Accepted Answer

To amend the NLRA by addressing concerns about the increasing power of labor unions

Answer

To repeal the Norris-LaGuardia Act

Answer

To expand employers' rights and limit the scope of collective bargaining

Answer

To establish a national labor court to resolve labor disputes

Question 50

What is the key difference between a closed shop and an agency shop?

Accepted Answer

A closed shop requires all employees to be union members as a condition of employment whereas an agency shop only requires non-members to pay union fees

Answer

A closed shop is legal under the NLRA but an agency shop is not

Question 51

How has the Supreme Court played a role in shaping the interpretation and application of the NLRA?

Accepted Answer

The Supreme Court has both upheld and limited the NLRA's reach through its decisions

Answer

The Supreme Court has consistently expanded the NLRA's scope without any limitations

Answer

The Supreme Court has avoided issuing rulings on cases involving the NLRA