Question

1. Machinists pre-emption is a labor law doctrine. This doctrine:

A: Permits both the National Labor Relations Board and States to regulate conduct that Congress intended to be unregulated.

B: Forbids the National Labor Relations Board to regulate conduct that Congress intended to be unregulated because it was left to be controlled by the free play of economic forces.

C: Forbids the States to regulate conduct that Congress intended to be unregulated because it was left to be controlled by the free play of economic forces.

D: Forbids both the National Labor Relations Board and States to regulate conduct that Congress intended to be unregulated because it was left to be controlled by the free play of economic forces.

2. All of the following are true statements except:

A: When a company hires as a majority of its workforce (in an appropriate bargaining unit) employees who had worked for a unionized company, and these employees continue to perform the same work in the same setting, the successor company is obligated to recognize and bargain with the predecessor’s union during the same period of time as the predecessor would be obligated to.

B: When a company hires as a majority of its workforce (in an appropriate bargaining unit) employees who had worked for a unionized company, and these employees continue to perform the same work in the same setting, the successor company is obligated to honor the labor contract with the predecessor’s union.

C: The duty to bargain ordinarily does not commence until the successor has hired as a majority of its workforce the former employees of the predecessor.

D: It would violate Section 8(a)(3) of the Labor Act for a successor employer to avoid hiring predecessor employees because they are union members.

3. In determining whether there is "substantial continuity" between a new company and its predecessor, the Board examines all of the following factors except:

A: Whether the business of both employers is essentially the same.

B: Whether the employees of the new company are doing the same jobs in the same working conditions under the same supervisors.

C: Whether the employer is operating in a right-to-work state, to wit, one where the state law prohibits a union shop, closed shop or any other union-security arrangement which requires employees to join a union as a condition of retaining employment. .

D: Whether the new entity has the same production process, produces the same products, and basically has the same body of customers.

4. The successor employer’s duty to bargain is triggered:

A: Only when a union has made a bargaining demand.

B: Even when a union makes no bargaining demand.

C: When a union has made a premature demand even if the union has not yet attained the "substantial and representative complement."

D: By an order from the National Labor-Management Panel.

Answer 1

1. The correct option is D: Forbids both the National Labor Relations Board and States to regulate conduct that Congress intended to be unregulated because it was left to be controlled by the free play of economic forces.

2.  The correct option is A: When a company hires as a majority of its workforce (in an appropriate bargaining unit) employees who had worked for a unionized company, and these employees continue to perform the same work in the same setting, the successor company is obligated to recognize and bargain with the predecessor’s union during the same period of time as the predecessor would be obligated to.

3. The correct option is C: Whether the employer is operating in a right-to-work state, to wit, one where the state law prohibits a union shop, closed shop or any other union-security arrangement which requires employees to join a union as a condition of retaining employment. .

4. The correct option is A: Only when a union has made a bargaining demand.