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

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

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

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

D: Forbids both the National Labor Relations Board and States toregulate conduct that Congress intended to be unregulated becauseit was left to be controlled by the free play of economicforces.

2. All of the following are true statements except:

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

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

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

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

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

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

B: Whether the employees of the new company are doing the samejobs 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 shopor any other union-security arrangement which requires employees tojoin 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 ofcustomers.

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 unionhas not yet attained the "substantial and representativecomplement."

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