CAHOY BLAW 341 EXAM 4 QUESTIONS AND ANSWERS LATEST UPDATE 2025-2026
unions - Answers legal structure, formation, right to work, union busting, at will may not be
avalible
why unions? - Answers -union employees are contractural employees (not at will)
-protections for collective organization
-too much power can negatively impact industry
Clayton Act of 1914 - Answers organizing not anticompetitive
unions are an exception of anti-trust laws
Norris-LaGuardia Act - Answers -peaceful strikes permitted
-no "yellow dog" contracts (they do not have to sign a contract saying you will not join a union if
you work for an employer)
-get some power
National Labor Relations Act - Answers - created NLRB (authority to conduct union
representation elections, investigate unfair labor practices, and issue rulings on labor disputes.)
- established basic rights for collective bargaining (negotiate with employer about things such
as wages and hours)
-employees defined
- *you have the right to join a union
labor mgmt relations act - Answers -curbed unfair union practices
-had to out the breaks on it for a little
National Labor Relations Board - Answers - do not have the power to investigate disputes
between employee and employer when gov employed, independent contracts, employees of
spouse or parents)
-quasi-judicial authority ( investigate- unfairness, Cease and desist order- can tell them to stop
engaging and take corrective action, election- oversees if employee wants to be represented by
union)
*uber drivers cannot unionize (independent)
strikes - Answers -influence on your shareholders- can work with them in order to create change
-economic strikes (most strikes): economic reasoning- wages, benefits
,- replacement workers (you can be replaced and you do not have to get your job back), plant
closing, lockouts
-unfair labor practice strikes (cannot fire employees)
-"cooling-off period) (taft-hartley, 80 days. employees have to go back to work and federal
mediators come help)
contract negotiations - Answers -good faith bargaining (mandatory (economic issues) vs
permissive) - both parties are obligated to engage in negotiations that are sincere, honest
-no employer unfair labor practices (discrimination against union employees)
hispanics united of buffalo - Answers -HU is a non-profit that provides services to
disadvantaged persons
-Cruze-moore (worker) criticized HU advisors treatment of clients
-cole-rivera and others posted complaints on facebook
-HU found out, cole-rivera and other 4 are fired
NLRB
-illegal to interfere with employees concerted activity related to working conditions or
organization
-facebook posted were protected activity
-firing was not legal
**concerted- working with others even though there is no union - complaining about your
workplace conditions with someone else is protected (if individually - could have been fired)
concerted - Answers working with others even though there is no union - complaining about
your workplace conditions with someone else is protected
- if individually - could have been fired
taft-hartley six unfair union practices - Answers -coercing an employee- threat to not join union
-forcing employer to discriminate against non-union
-refuse to bargain- good faith negotiations
-striking for illegal purposes
, -excessive union fees
-demanding employer pay for work not performed
Forming a union - Answers -authorization card and voluntary recognition
- 50% approval - 50% of employees need to want a union
-petitions: 30% approval - 30% of employees need to be interested in an election (in favor of
union)
- certification- recognized by employer
-election: on-the-job campaign restrictions, objection
-removing recognition (50% of people have to want the union to be gone)
right to work - Answers -NLRA permits unions and employers to agree to limit certain jobs to
union employees
-"agency shop" requires employees at least pay fees
-taft-hartley permits states to outlaw agency shops (right to work laws, employees cannot be
forced to Pay fees)
-some people do not want to pay because their political views may be different from the union's
right to work state - Answers state where you do not have to join a union or pay their dues, but
you still get the benefits of the union (most states)
- PA is not a right to work state
- you need to be in union for benefits
union security agreement - Answers everyone who is in the group has to pay dues whether they
want to be in the union or not
janus Vs AFSCME - Answers -mark janus is a child support specialist with Illinois dept of
healthcare and family services
-represented by union Am fed. of state, country and municipal employees
-hanus argues that requirement violates his speech rights (agrues that the government is
speaking for him)
-illinois is not a right to work state
-janus did not want to be a member of the union or pay for it - he has differing political views
unions - Answers legal structure, formation, right to work, union busting, at will may not be
avalible
why unions? - Answers -union employees are contractural employees (not at will)
-protections for collective organization
-too much power can negatively impact industry
Clayton Act of 1914 - Answers organizing not anticompetitive
unions are an exception of anti-trust laws
Norris-LaGuardia Act - Answers -peaceful strikes permitted
-no "yellow dog" contracts (they do not have to sign a contract saying you will not join a union if
you work for an employer)
-get some power
National Labor Relations Act - Answers - created NLRB (authority to conduct union
representation elections, investigate unfair labor practices, and issue rulings on labor disputes.)
- established basic rights for collective bargaining (negotiate with employer about things such
as wages and hours)
-employees defined
- *you have the right to join a union
labor mgmt relations act - Answers -curbed unfair union practices
-had to out the breaks on it for a little
National Labor Relations Board - Answers - do not have the power to investigate disputes
between employee and employer when gov employed, independent contracts, employees of
spouse or parents)
-quasi-judicial authority ( investigate- unfairness, Cease and desist order- can tell them to stop
engaging and take corrective action, election- oversees if employee wants to be represented by
union)
*uber drivers cannot unionize (independent)
strikes - Answers -influence on your shareholders- can work with them in order to create change
-economic strikes (most strikes): economic reasoning- wages, benefits
,- replacement workers (you can be replaced and you do not have to get your job back), plant
closing, lockouts
-unfair labor practice strikes (cannot fire employees)
-"cooling-off period) (taft-hartley, 80 days. employees have to go back to work and federal
mediators come help)
contract negotiations - Answers -good faith bargaining (mandatory (economic issues) vs
permissive) - both parties are obligated to engage in negotiations that are sincere, honest
-no employer unfair labor practices (discrimination against union employees)
hispanics united of buffalo - Answers -HU is a non-profit that provides services to
disadvantaged persons
-Cruze-moore (worker) criticized HU advisors treatment of clients
-cole-rivera and others posted complaints on facebook
-HU found out, cole-rivera and other 4 are fired
NLRB
-illegal to interfere with employees concerted activity related to working conditions or
organization
-facebook posted were protected activity
-firing was not legal
**concerted- working with others even though there is no union - complaining about your
workplace conditions with someone else is protected (if individually - could have been fired)
concerted - Answers working with others even though there is no union - complaining about
your workplace conditions with someone else is protected
- if individually - could have been fired
taft-hartley six unfair union practices - Answers -coercing an employee- threat to not join union
-forcing employer to discriminate against non-union
-refuse to bargain- good faith negotiations
-striking for illegal purposes
, -excessive union fees
-demanding employer pay for work not performed
Forming a union - Answers -authorization card and voluntary recognition
- 50% approval - 50% of employees need to want a union
-petitions: 30% approval - 30% of employees need to be interested in an election (in favor of
union)
- certification- recognized by employer
-election: on-the-job campaign restrictions, objection
-removing recognition (50% of people have to want the union to be gone)
right to work - Answers -NLRA permits unions and employers to agree to limit certain jobs to
union employees
-"agency shop" requires employees at least pay fees
-taft-hartley permits states to outlaw agency shops (right to work laws, employees cannot be
forced to Pay fees)
-some people do not want to pay because their political views may be different from the union's
right to work state - Answers state where you do not have to join a union or pay their dues, but
you still get the benefits of the union (most states)
- PA is not a right to work state
- you need to be in union for benefits
union security agreement - Answers everyone who is in the group has to pay dues whether they
want to be in the union or not
janus Vs AFSCME - Answers -mark janus is a child support specialist with Illinois dept of
healthcare and family services
-represented by union Am fed. of state, country and municipal employees
-hanus argues that requirement violates his speech rights (agrues that the government is
speaking for him)
-illinois is not a right to work state
-janus did not want to be a member of the union or pay for it - he has differing political views
