__________ 1.

1. Labor Relations and Employee Free Choice Act Quiz Answers Please answer the following questions either True or False. __________ 1. Under the National Labor Relations Act, a union can petition for a government supervised election if it can show that only 30% of the employees in the potential bargaining unit have signed a union authorization card. True: This is true, but unions seldom file with less than 65-75% because they know how relatively easy it is to get cards signed, but employees vote their real choice by secret ballot. __________ 2. Under the EFCA, as currently drafted, a union can bypass a secret ballot election and demand certification once it gets a majority (50%+1) of employees in the potential bargaining unit to sign union authorization cards. True: This so-called “card check” certification is one of the major changes under the EFCA. Employees essentially lose their right to a secret ballot and are forced to “vote” in public when they are asked to sign a card by fellow employees or a union organizer. __________ 3. Under both the NLRA and EFCA, employees have a legally protected right not to support a union and, in fact, to oppose a union. True: This is right is equally protected under the NLRA to the right to support a union.

2. Labor Relations and Employee Free Choice Act Quiz Answers Please answer the following questions either True or False. __________ 4. Under the EFCA, as currently drafted, bargaining must begin within 10 days of a written demand by a union. True: The EFCA sets specific timetables for bargaining to begin and conclude. If no agreement in 120 days, an arbitrator can be applied. __________ 5. The penalties for committing unfair labor practices are the same under the NLRA and the EFCA. False: Under EFCA, a termination that is found to be an unfair labor practice will not just result in reinstatement with back pay. The penalties are increased to 3 times the amount of back pay. __________ 6. A supervisor can single out union sympathizers and treat them differently than other employees. False: A supervisor cannot single out union sympathizers and treat them differently from other employees because the National Labor Relations Act prohibit “discrimination” against union supporters. __________ 7. Under the EFCA, if an employee presents you with a stack of signed cards, it is okay for you to take them. False: Accepting the cards automatically recognizes the union. If a supervisor is presented a stack f signed union cards by an organizer or employee, he/she is NOT to accept them. He/She should tell the person they are to leave and take the cards with them.

3. Labor Relations and Employee Free Choice Act Quiz Answers Can a supervisor make the following comments during a union organizing drive? Yes or No __________ 8. “Mess around with the union if you want to, but don’t be surprised when we shut this facility down.” No: This is a very serious THREAT to close the facility because of the union. __________ 9. “The union is interested in collecting money from employees in the form of fees, fines, and assessments.” Yes: This is a true statement and fair commentary. __________ 10. “You have to take that union button off of your sweater. It is unprofessional. No kind of union insigna is permitted.” No: Employees have a right to “wear the flag” for the union. This is a part of their right to form, join or assist a union. __________ 11. “Has anyone asked you to sign a union card.” No: Unlawful interrogation.

4. Labor Relations and Employee Free Choice Act Quiz Answers Can a supervisor make the following comments during a union organizing drive? Yes or No __________ 12. “You’re not fooling anyone. The company knows every person who attends union meetings and what goes on there.” No: This is either spying or creating the impression of surveillance- both of which are unlawful. __________ 13. “You shouldn’t sign a union card until you’ve read every word on it, you’re sure of the legal meaning of all those words, and you’re willing to be unionized.” Yes: This is lawful advice. __________ 14. “If the union is voted out in the election, everybody will get a pay raise.” No: This is an unlawful promise in an attempt to “buy” support from the union. __________ 15. “You will have to strike if you vote for the union. The company will not sign a union contract.” No: This is an unlawful threat that the company will not engage in good faith bargaining (since it is impossible to engage in good faith bargaining if the company has already decided it will not sign a union contract). This is technically called an anticipatory threat not to bargain in good faith.