Strikes and Lockouts: Legal Rights and Restrictions in Labor Disputes

Question 1

The primary purpose of a Taft-Hartley injunction is to:

Accepted Answer

Prevent strikes that could cause a national emergency

Answer

Prevent employers from engaging in unfair labor practices

Answer

Require unions to bargain in good faith

Answer

Enforce arbitration awards

Question 2

The key distinction between a strike and a lockout is that:

Accepted Answer

Strikes are initiated by employees, while lockouts are initiated by employers

Answer

Strikes are a form of collective action, while lockouts are a form of individual action

Answer

Strikes are always considered lawful, while lockouts are always considered unlawful

Answer

Strikes are used to pressure employers, while lockouts are used to pressure unions

Question 3

The primary purpose of a no-strike clause in a collective bargaining agreement is to:

Accepted Answer

Prevent strikes during the term of the agreement

Answer

Limit the duration of strikes

Answer

Require unions to seek mediation before striking

Answer

Prohibit strikes for any reason

Question 4

A valid defense to an unfair labor practice charge of refusing to bargain in good faith is that:

Accepted Answer

The union made unreasonable demands

Answer

The employer was unable to pay the union's demands

Answer

The strike was unlawful

Answer

The union failed to provide sufficient notice of the strike

Question 5

A sympathy strike differs from a wildcat strike in that:

Accepted Answer

A sympathy strike is in support of another union's strike, while a wildcat strike is not supported by the union

Answer

A sympathy strike is against the employee's own employer, while a wildcat strike is against another employer

Answer

A sympathy strike is for economic reasons, while a wildcat strike is for political reasons

Answer

A sympathy strike involves a large number of employees, while a wildcat strike involves a small number of employees

Question 6

The National Mediation Board is primarily responsible for:

Accepted Answer

Mediating disputes and making settlement recommendations

Answer

Arbitrating disputes and issuing binding awards

Answer

Investigating disputes and issuing reports

Answer

Prosecuting unfair labor practice charges

Question 7

In which of the following circumstances may an employer lawfully discharge striking employees?

Accepted Answer

When the strike is unlawful

Answer

When the strike causes substantial economic harm to the employer

Answer

When the strike is successful

Answer

When the strike is supported by a majority of employees

Question 8

Which of the following is a potential consequence of an injunction issued in a labor dispute?

Accepted Answer

Prohibition of further strike activity

Answer

Award of back pay to striking employees

Answer

Immediate reinstatement of discharged employees

Question 9

Which of the following is NOT a characteristic of a valid sympathy strike?

Accepted Answer

It is supported by a majority of employees in the bargaining unit

Answer

It is limited to a reasonable duration

Answer

It is in support of a lawful primary strike

Question 10

What is the primary goal of a lockout?

Accepted Answer

To pressure employees to accept less favorable terms and conditions of employment

Answer

To disrupt the union's organizing efforts

Answer

To protect the employer's property

Question 11

What is the difference between a strike and a lockout?

Accepted Answer

A strike is initiated by employees to protest their working conditions, while a lockout is initiated by the employer to pressure employees to accept less favorable terms and conditions of employment

Answer

A strike is always illegal, while a lockout is always legal

Answer

A strike is a form of economic pressure, while a lockout is a form of legal coercion

Question 12

Which of the following is NOT a potential benefit of collective bargaining?

Accepted Answer

Increased employee turnover

Answer

Increased productivity

Answer

Enhanced job security

Answer

Improved wages and benefits

Question 13

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

Accepted Answer

To investigate and adjudicate unfair labor practice charges

Answer

To mediate and facilitate collective bargaining negotiations

Answer

To enforce court injunctions against strikes and lockouts

Question 14

In the context of a labor dispute, what is the primary purpose of an injunction?

Accepted Answer

To prevent irreparable harm

Answer

To resolve the underlying dispute

Answer

To force employees to return to work

Answer

To punish employers

Question 15

When is a lockout considered lawful?

Accepted Answer

When it is used for a legitimate business purpose

Answer

When it is used only as a last resort

Answer

When it is announced in writing to the union

Answer

When it is approved by a majority of employees

Question 16

What is the duty to bargain in good faith defined as?

Accepted Answer

The obligation to meet and confer with the other party, exchange proposals, and make a genuine effort to reach an agreement

Answer

The duty to agree to all of the other party's demands

Question 17

What is the key difference between a sympathy strike and a wildcat strike?

Accepted Answer

A sympathy strike is organized by workers in support of another group of striking workers, while a wildcat strike is not authorized by the union

Answer

A sympathy strike is illegal, while a wildcat strike is legal

Question 18

How does a collective bargaining agreement typically impact the right to strike?

Accepted Answer

It typically suspends the right to strike during the agreement's term

Answer

It expands the right to strike to include political purposes

Answer

It compels the employer to recognize the union as the exclusive bargaining representative

Question 19

Which factor is generally not considered by courts when evaluating whether to issue an injunction against a strike?

Accepted Answer

The employer's financial resilience

Answer

The potential harm to the public

Answer

The legality of the strike

Answer

The balance of hardships between the parties

Question 20

What is the main purpose of the Labor-Management Reporting and Disclosure Act (LMRDA)?

Accepted Answer

To protect the rights and interests of union members

Answer

To prevent labor disputes

Answer

To regulate collective bargaining agreements

Answer

To promote unionization

Question 21

Which of the following is NOT considered a protected activity under the National Labor Relations Act (NLRA)?

Accepted Answer

Striking for political purposes

Answer

Refusing to cross a picket line

Answer

Unionizing

Answer

Distributing union materials

Question 22

The Supreme Court case that established the right of employers to lock out their employees is:

Accepted Answer

American Ship Building Co. v. NLRB

Answer

Norris-LaGuardia Act

Answer

NLRB v. Jones & Laughlin Steel

Answer

Wagner Act

Question 23

Which of the following factors is NOT considered in determining whether a lockout is lawful?

Accepted Answer

The union's bargaining power

Answer

The number of employees affected

Answer

The duration of the lockout

Answer

The employer's business justification

Question 24

What is a key difference between a strike and a lockout?

Accepted Answer

A strike is initiated by employees to protest working conditions, while a lockout is initiated by employers to pressure employees to accept their terms.

Answer

A strike is always protected under the NLRA, while a lockout is never protected.

Answer

A lockout is initiated by employers to gain recognition from a union, while a strike is initiated by employees to improve wages and benefits.

Answer

A lockout is always illegal, while a strike is always legal.

Question 25

Which of the following government agencies is NOT responsible for mediating and resolving labor disputes?

Accepted Answer

Occupational Safety and Health Administration (OSHA)

Answer

Federal Mediation and Conciliation Service (FMCS)

Answer

Equal Employment Opportunity Commission (EEOC)

Answer

National Labor Relations Board (NLRB)

Question 26

A union representing employees at a manufacturing plant is engaged in a strike. The employer, citing significant economic hardship, seeks an injunction to prevent the strike. Which of the following factors would the court most likely consider in deciding whether to grant the injunction? (Select the most accurate choice.)

Accepted Answer

The likelihood of irreparable harm to the employer if the strike continues.

Answer

The history of labor relations between the employer and the union.

Answer

The union's willingness to negotiate in good faith.

Question 27

A group of employees at a tech company decide to walk off the job without notifying their employer or union. This action is most accurately described as:

Accepted Answer

An illegal wildcat strike.

Answer

A lawful economic strike.

Answer

A legal work stoppage.

Answer

A lockout by the employer.

Question 28

Which of the following is a key obligation for both employers and unions during collective bargaining under the National Labor Relations Act?

Accepted Answer

Bargaining in good faith.

Answer

Reaching an agreement.

Answer

Avoiding strike action.

Answer

Accepting mediation.

Question 29

A union and employer are negotiating a new contract. The union proposes a significant wage increase, which the employer finds unacceptable. The employer then locks out its employees, effectively preventing them from working. What is the most likely legal consequence of this action?

Accepted Answer

The lockout could be deemed unlawful if it is not an appropriate response to the union's bargaining proposals.

Answer

The employer has the right to lock out its employees if the union's proposals are unreasonable.

Question 30

A group of teachers at a public school are engaging in a strike for better pay and benefits. The school board, claiming the strike is illegal and disruptive to education, seeks an injunction to prevent the teachers from striking. Which of the following is a key factor the court will consider in deciding whether to grant the injunction?

Accepted Answer

The public interest in maintaining uninterrupted education for students.

Answer

The severity of the teachers' demands.

Answer

The financial resources of the school district.

Question 31

A union is negotiating a new contract with an employer. The employer refuses to bargain with the union about a proposed change to the employees' health insurance plan. Which of the following legal actions is the union most likely to pursue?

Accepted Answer

File an unfair labor practice charge with the National Labor Relations Board.

Answer

Organize a strike to pressure the employer.

Answer

Seek an injunction to force the employer to bargain.

Question 32

An employer and union reach a tentative agreement on a new contract. However, the union membership votes to reject the agreement. Which of the following actions is the union most likely to take next?

Accepted Answer

Continue bargaining with the employer in an attempt to reach a more favorable agreement.

Answer

Immediately begin a strike.

Answer

File a grievance with the employer.

Question 33

A union is planning a strike, but it is concerned about the legal implications of its actions. Which of the following legal considerations would be the most relevant for the union to consider?

Accepted Answer

Whether the strike is authorized by the union's membership and complies with applicable laws.

Answer

Whether the strike will be successful in achieving its goals.

Answer

Whether the employer is willing to negotiate with the union.

Question 34

A group of employees is considering forming a union to represent them in negotiations with their employer. Which of the following is a key legal protection afforded to employees under the National Labor Relations Act (NLRA)?

Accepted Answer

The right to organize and form a labor union.

Answer

The right to prevent the employer from hiring replacement workers during a strike.

Answer

The right to demand a certain wage or benefits package.

Answer

The right to strike without any restrictions.

Question 35

Which of the following is NOT a protected activity under the National Labor Relations Act (NLRA)?

Accepted Answer

Slowdowns

Answer

Picketing

Answer

Strikes

Answer

Boycotts

Question 36

What is the primary purpose of a lockout?

Accepted Answer

To coerce employees into accepting less favorable terms and conditions of employment

Answer

To prevent employees from striking

Answer

To discipline employees for misconduct

Question 37

Which of the following is a statutory limitation on the right to strike?

Accepted Answer

No-strike clauses in collective bargaining agreements

Answer

Essential services that cannot be interrupted without endangering public health or safety

Answer

Sympathy strikes in support of other unions

Question 38

What is the purpose of the Norris-LaGuardia Act?

Accepted Answer

To curtail the use of injunctions in labor disputes

Answer

To promote collective bargaining

Answer

To regulate the conduct of unions

Answer

To establish a system of mandatory arbitration

Question 39

Which of the following is a key factor in determining whether a strike is considered legal under the NLRA?

Accepted Answer

Whether the strike is for the purpose of compelling the employer to bargain over a mandatory subject of bargaining

Answer

The duration of the strike

Answer

The number of employees participating in the strike

Question 40

Distinguish an unfair labor practice strike from an economic strike

Accepted Answer

An unfair labor practice strike is caused by an employer's violation of the NLRA, while an economic strike is caused by a dispute over the terms and conditions of employment.

Answer

An unfair labor practice strike is illegal, while an economic strike is legal

Question 41

Which of the following is a potential consequence of a lockout?

Accepted Answer

Loss of wages for employees

Answer

Increased productivity

Answer

Increased customer satisfaction

Answer

Improved labor-management relations

Question 42

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

Accepted Answer

To adjudicate unfair labor practices and conduct representation elections

Answer

To mediate labor disputes and enforce collective bargaining agreements

Answer

To set wages and working conditions for employees

Question 43

What is a potential benefit of strikes?

Accepted Answer

Can increase employee solidarity and bargaining power

Answer

Always leads to immediate resolution of labor disputes

Answer

Guarantees favorable outcomes for employees

Question 44

Which of the following activities is protected concerted activity under the National Labor Relations Act (NLRA)?

Accepted Answer

Employees distributing leaflets protesting unsafe working conditions

Answer

Employees engaging in a wildcat strike, without union authorization

Answer

Employees refusing to work overtime without additional pay, as a group

Question 45

What is the primary purpose of a strike?

Accepted Answer

To pressure the employer to agree to the union's demands during collective bargaining

Answer

To punish the employer for unfair labor practices

Answer

To prevent the employer from hiring new employees

Question 46

Which of the following is NOT a legal reason for an employer to implement a lockout of its employees?

Accepted Answer

To retaliate against the union for engaging in protected concerted activity

Answer

To prevent the union from organizing or representing its employees

Answer

To force the union to agree to the employer's contract proposals

Question 47

What is the essence of the duty to bargain in good faith?

Accepted Answer

An obligation for both the employer and the union to engage in sincere negotiations with the genuine intent of reaching an agreement

Answer

A requirement that the employer must agree to all of the union's demands

Question 48

Which of the following is a potential remedy that the National Labor Relations Board (NLRB) may order as a result of an unfair labor practice committed by an employer?

Accepted Answer

Reinstatement of an employee who was wrongfully discharged

Answer

Award of monetary damages to the union

Answer

Issuance of a cease and desist order

Answer

Criminal prosecution of the employer's management

Question 49

What is the primary purpose of an injunction in the context of labor disputes?

Accepted Answer

To prohibit or compel specific actions by the party against whom the injunction is issued, with the aim of preserving the status quo

Answer

To resolve the underlying labor dispute

Answer

To punish the party against whom the injunction is issued

Question 50

Which of the following factors do courts primarily consider when deciding whether to issue an injunction in a labor dispute?

Accepted Answer

The potential harm to the parties involved if the injunction is or is not issued

Answer

The political affiliation of the parties involved

Answer

The number of employees involved in the dispute

Question 51

What is the main purpose of the Norris-LaGuardia Act?

Accepted Answer

To restrict the ability of federal courts to issue injunctions in labor disputes, except in limited circumstances

Answer

To prohibit strikes and lockouts

Answer

To require employers to bargain in good faith with unions

Question 52

What is the significance of the "cooling-off period" provision of the Taft-Hartley Act?

Accepted Answer

It requires a union to provide 80 days' notice to the Federal Mediation and Conciliation Service and the employer before engaging in a strike

Answer

It requires an employer to provide 60 days' notice to the union before engaging in a lockout

Answer

It mandates a 30-day period during which both the union and the employer must negotiate before resorting to a strike or lockout

Question 53

Which of the following is NOT a right guaranteed to employees under the First Amendment of the U.S. Constitution?

Accepted Answer

The right to picket

Answer

The right to engage in free speech

Answer

The right to assemble