Labour and Employee Relations Flashcards

An employer wishes to subcontract work currently performed by bargaining unit employees. Under the NLRA, what obligation does the employer have?

Answer: Notify and bargain with the union over the decision and its effects if the subcontracting will eliminate bargaining unit jobs

Subcontracting that eliminates union jobs is a mandatory subject of bargaining, requiring the employer to notify the union and bargain over both the decision and its effects.

What distinguishes an economic strike from an unfair labor practice strike?

Answer: Unfair labor practice strikers have stronger reinstatement rights and cannot be permanently replaced

Unfair labor practice strikers must be reinstated upon unconditional offer to return, even if the employer hired permanent replacements, while economic strikers may be permanently replaced.

A long-service employee with no prior discipline is caught in a single incident of dishonesty. An arbitrator applying the just cause standard would likely consider:

Answer: The employee's length of service, clean record, and whether trust can be restored when determining the appropriate penalty

Arbitrators apply a contextual just cause analysis that weighs mitigating factors like service record alongside the gravity of the offense to assess proportionality.

What is the effect of a 'union security' clause requiring all employees to pay union dues, known as an 'agency shop'?

Answer: Employees need not join the union but must pay dues or fees equivalent to the cost of collective bargaining representation

An agency shop requires non-member employees to pay a representation fee covering bargaining costs, without requiring full union membership.

Under the Worker Adjustment and Retraining Notification (WARN) Act, what must an employer with 100 or more employees do before a plant closing or mass layoff?

Answer: Provide 60 days' written notice to affected employees, their union, and relevant government officials

The WARN Act requires covered employers to give 60 days' advance notice of plant closings or mass layoffs to workers, unions, and state/local governments.

Which concept holds that all conditions of employment that existed before a union was certified continue to apply until the parties negotiate a collective agreement?

Answer: Status quo doctrine

The status quo doctrine requires the employer to maintain existing terms and conditions of employment after union certification until a first collective agreement is negotiated.

An HR professional discovers that a supervisor has been denying leave requests from employees who participated in union organizing activities. This is an example of:

Answer: Unlawful retaliation against protected concerted activity under the NLRA

Denying benefits to employees because of union activity is retaliation against Section 7 protected rights, constituting an unfair labor practice under the NLRA.