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Employment And Labor Law 9th Edition by Patrick J. Cihon – Test Bank
 
Sample  Questions

 

Chapter 01 First the Forest Then the Trees An Overview of Employment and Labor Law

 

TRUEFALSE

 

  1. Early court cases concluded that labor organizations were criminal conspiracies.

 

(A) True

 

(B) False

 

Answer : (A)

 

 

  1. Federal legislation such as the Federal Employers Liability Act (1908) and the Railway Labor Act (1926) allowed for alternative methods for dispute resolution, first in the railroad, and later in the airline industry.

 

  • True

 

  • False

 

Answer : (A)

 

 

  1. John L. Lewis, president of the United Mine Workers, abided by the “gentlemen’s agreement” during World War II.

 

  • True

 

  • False

 

Answer : (B)

 

 

  1. The Taft-Hartley Act was a federal statute, which enacted unfair labor practices for which unions might be charged or punished.

 

  • True

 

  • False

 

Answer : (A)

 

 

  1. The new laws and common-law legal theories have often supplanted labor unions as the main source of legal protection for American workers.

 

  • True

 

  • False

 

Answer : (A)

 

 

  1. In the case of Gilmer v. Interstate/Johnson Lane Corporation, NYSE Rule 347 provided for arbitration in matters that only dealt with the termination of employment.

 

  • True

 

  • False

 

Answer : (B)

 

 

  1. The Employee Retirement Income Security Act (ERISA) is intended to protect only disabled workers who are still too young to retire.

 

  • True

 

  • False

 

Answer : (B)

 

 

  1. National statutes do not require private employers to provide their employees with either health insurance or a pension plan.

 

  • True

 

  • False

 

Answer : (A)

 

 

  1. Following WWII, Big Business, Big Labor, and Big Government did not team up to help prevent the economic decline.

 

  • True

 

  • False

 

Answer : (B)

 

 

  1. The Black Death, a plague that first decimated Europe s population in the mid-14th century, actually benefited those workers who survived.

 

  • True

 

  • False

 

Answer : (A)

 

 

 

  1. The Industrial Revolution in 19th century England and America witnessed the rise of the

 

employment-at-will doctrine in the common law.

 

  • True

 

  • False

 

Answer : (A)

 

 

  1. Common law includes statutes and ordinances enacted by legislative bodies.

 

(A) True

 

(B) False

 

Answer : (B)

 

 

  1. The Patient Protection and Affordable Care Act, commonly called Obamacare after the president during whose term it was enacted, dramatically revised the American healthcare system.

 

  • True

 

  • False

 

Answer : (A)

 

 

  1. Occasionally, statutory protections and terms of collective bargaining agreements conflict.

 

(A) True

 

(B) False

 

Answer : (A)

 

 

 

 

MULTICHOICE

 

  1. A situation wherein either the employer or the worker could terminate their relationship at any time for any reason is known as:​

 

(A) common​ law.

 

(B) employment​-at-will.

 

(C) willful​ misconduct.

 

(D) employer’s​ liability act.

 

Answer : (B)

 

  1. The act which sets the ground rules for the give and take between labor unions and corporate managers is the:​

 

  • Social​ Security Act (1935).

 

  • Walsh​-Healy Act (1936).

 

  • Fair​ Labor Standards Act (1938).

 

  • National​ Labor Relations Act (1935).

 

Answer : (D)

 

 

  1. The first of several statutes to set the terms and conditions of employment to be provided by government contractors is known as the:​

 

  • Merchant​ Marine (Jones) Act (1936).

 

  • Fair​ Labor Standards Act (1938).

 

  • Walsh​-Healy Act (1936).

 

  • Social​ Security Act (1935).

 

Answer : (C)

 

 

  1. The Fair Labor Standards Act (1938):​

 

  • establishes the rules of give and take between labor unions and corporate managers.​

 

  • sets​ employment conditions for government contractors.

 

  • sets​ minimum wages, mandates overtime pay, and regulates child labor.

 

  • allows​ the termination of employment relationship at any time and for any reason.

 

Answer : (C)

 

 

  1. Which Act provides remedies for injured sailors?​

 

(A) Marine​ Labor Standards Act (1938)

 

(B) Merchant​ Marine (Jones) Act (1936)

 

(C) Navy​ Labor Relations Act (1935)

 

(D) Social​ Security Act (1935)

 

Answer : (B)

 

 

 

  1. There should be set rules if there is a give and take policy between a labor union and corporate

 

managers. The Act which provides these rules is the:​

 

  • Social​ Security Act.

 

  • National​ Labor Relations Act.

 

  • Walsh​-Healey Act.

 

  • Fair​ Labor Standards Act.

 

Answer : (B)

 

 

  1. David hired John as an assistant in his art studio. After two months David discharged John from his position due to John’s bad quality of work. Under which doctrine can we say David discharged John?​

 

  • Title VII​

 

  • Employment​-at-will

 

  • The​ Social Security Act

 

  • Willful​ misconduct

 

Answer : (B)

 

 

  1. The integration of national economies into a worldwide economy, due to trade, investment, and migration and information technology is known as:​

 

(A) globalization​.

 

(B) perennial​ revolution.

 

(C) amalgamation​.

 

(D) assimilation​.

 

Answer : (A)

 

 

  1. If Harry is acting as a neutral adjudicator in a settlement between James and Paul, then the settlement can be considered a(n):​

 

(A) whistleblowing​ practice.

 

(B) arbitration​.

 

(C) election​ of remedies.

 

(D) writ​ of certiorari.

 

Answer : (B)

 

  1. A litigant’s choice of solutions for a perceived wrong can be employed as a(n):​

 

(A) choice of cause.​

 

(B) writ​ of certiorari.

 

(C) election​ of remedies.

 

(D) arbitration​.

 

Answer : (C)

 

 

  1. Under Title VII, an employee alleging illegal discrimination has the right to file a complaint with the:​

 

 

  • Equal​ Employment Opportunity Commission (EEOC).

 

  • American​ Federation of Labor/Congress of Industrial Organizations (AFL-CIO).

 

  • National​ Labor Relations Board.

 

  • Election​ of remedies.

 

Answer : (A)

 

 

  1. In Alexander v. Gardner-Denver Company case, the court found that the election of remedies was:​

 

(A) applicable​.

 

  • applicable​ to an extent.

 

  • irrelevant​.

 

  • inapplicable​.

 

Answer : (D)

 

 

  1. Employment discrimination based on race, sex, religion, and such other groups is considered to be illegal under:​

 

  • Fair​ Labor Standards Act.

 

  • Title​ VII of the Civil Rights Act.

 

  • National​ Labor Relations Act.

 

  • Social​ Security Act.

 

Answer : (B)

 

  1. A plaintiff has a choice between money damages and a court order of restitution for a perceived wrong. Which is the best remedy the plaintiff can use?​

 

  • Plaintiff​ may exercise an election of remedies.

 

  • Plaintiff​ may appeal for a writ of certiorari.

 

  • Plaintiff​ may take the matter to arbitration.

 

  • Plaintiff​ may seek remedy for whistleblowers.

 

Answer : (A)

 

 

  1. Elvera, an employee working in a bistro, resigned her job since her supervisor overtly suggested sexual favors in exchange for better pay, and threatened to fire her if she did not comply. She filed a charge with Equal Employment Opportunity Commission (EEOC) against her supervisor and the organization for sexual harassment. Under what law can she file a suit?​

 

  • Title​ VII of the Civil Rights Act

 

  • The​ Social Security Act

 

  • The​ Fair Labor Act

 

  • Employee​ Free Choice Act

 

Answer : (A)

 

 

  1. Butler was an employee at Auto, an automobile assembling plant. The plant hired a large number of male and female employees but provided deplorable working conditions including unhygienic restrooms and poor ventilation. Despite several complaints and requests, the plant manager did not make any changes. Butler decided to bring this to the attention of the local government authorities through an official complaint. In the above scenario, Butler’s role can be described as:​

 

(A) willful​ misconduct.

 

(B) insubordination​.

 

(C) whistleblowing​.

 

(D) contributory​ negligence.

 

Answer : (C)

 

 

  1. An employee who informs the wrong doing of an employer to a government agency is called:​

 

(A) espionage​.

 

(B) conductor​.

 

(C) whistleblower​.

 

(D) opportunist​.

 

Answer : (C)

 

 

  1. In Gilmer v. Interstate/Johnson Lane Corporation case, Gilmer filed a charge with EEOC and brought suit in the District Court, alleging that he had been discharged in the violation of the:​

 

  • Social​ Security Act (1935).

 

  • National​ Labor Relations Act (1935).

 

  • Civil​ Rights Act (1964).

 

  • Age​ Discrimination in Employment Act of (1967).

 

Answer : (D)

 

 

  1. If Peter is engaged in illegal activities as part of an organized criminal outfit, the law designed to criminally penalize Peter is the:​

 

  • Employee​ Retirement Income Security Act (ERISA).

 

  • Worker​ Adjustment and Retraining (WARN) Act.

 

  • Federal​ Occupational Safety and Health Act (OSHA).

 

  • Racketeer​ Influenced and Corrupt Organizations Act (RICO).

 

Answer : (D)

 

 

  1. In the Alexander v. Gardner-Denver Company case, the Supreme Court established a critical distinction between:​

 

(A) unemployment​ compensation and disability compensation.

 

  • social​ security benefits and workers’ compensation.

 

  • individual​ and collective employee rights.

 

  • collective​ and separate employee rights.

 

Answer : (C)

 

 

  1. Employees who report or attempt to report employer wrongdoing or actions threatening public health or safety to government authorities are called:​

 

(A) witnesses​.

 

(B) whistleblowers​.

 

(C) good​ Samaritans.

 

(D) None​ of these answers.

 

Answer : (B)

 

 

  1. The Act which is aimed at letting employees know when a plant closing or mass layoff is in the offing is the:​

 

  • Employee​ Retirement Income Security Act (ERISA).

 

  • Family​ and Medical Leave Act (FMLA).

 

  • Worker​ Adjustment and Retraining (WARN) Acts.

 

  • Federal​ Occupational Safety and Health Act (OSHA).

 

Answer : (C)

 

 

  1. In the West Coast Hotel Company v. Parrish case, the court found that:​

 

  • the​ requirement of a fair minimum wage designed so the woman can meet the “very necessities of existence” is a means of protection.

 

  • it​ is not in the public interest to safeguard women’s health and protect them from unscrupulous employers.

 

  • the​ protection of women is not a legitimate end of the exercise of state power.

 

  • All​ of these answers.

 

Answer : (A)

 

 

  1. President Roosevelt threatened to increase the number of Justices on the Supreme Court, if the Court did not change its view of:​

 

(A) employment​ protection legislation.

 

(B) employer​ protection legislation.

 

  • health​-insurance reform.

 

  • family​ and medical leave legislation.

 

Answer : (A)

 

 

 

  1. New Deal Legislation passed at the urging of:​

 

  • the​ Supreme Court of the United States.

 

  • Franklin​ D. Roosevelt.

 

  • Herbert​ Hoover.

 

  • Harry​ S. Truman.

 

Answer : (B)

 

 

  1. To solve the problems of high cost and limited coverage of the US health insurance system, the Obama Administration and Congress have concentrated on:​

 

  • Civil​ Rights Act.

 

  • Employee Free Choice Act.

 

  • Health​ Insurance Reform.

 

  • The​ federal Occupational Safety and Health Act (OSHA).

 

Answer : (C)

 

 

  1. After the November 2010 elections, the switch from liberal Democrats to conservative Republicans in power saw several states move toward ending:​

 

  • collective​ bargaining by public employees.

 

  • the​ Employee Free Choice Act.

 

  • the​ Worker Adjustment and Retraining (WARN) Acts.

 

  • the​ Workers’ compensation Act.

 

Answer : (A)

 

 

  1. Which case decided if an arbitration clause can cut off employees’ collective access to the rights and remedies of the National Labor Relations Act?​

 

  • Gilmer Interstate/Johnson Lane Corporation

 

  • In Re D.R. Horton, Inc.

 

  • West Coast Hotel Company v. Parrish

 

  • Alexander Gardner-Denver Company

 

Answer : (B)

 

 

 

  1. The Social Security Act (1935):​

 

  • sets​ the ground rules for the give and take between labor unions and corporate managers.

 

  • provides​ modest pensions to retired workers.

 

  • sets​ the terms and conditions of employment to be provided by government contractors.

 

  • provides​ remedies for injured sailors.

 

Answer : (B)

 

 

  1. The Fair Labor Standards Act (1938):​

 

  • sets​ the ground rules for the give and take between labor unions and corporate managers.

 

  • provides​ modest pensions to retired workers.

 

  • sets​ the terms and conditions of employment to be provided by government contractors.

 

  • sets​ minimum wages, mandates overtime pay, and regulates child labor.

 

Answer : (D)

 

 

  1. The National Labor Relations Act (1935):​

 

  • sets​ the ground rules for the give and take between labor unions and corporate managers.

 

  • provides​ modest pensions to retired workers.

 

  • sets​ the terms and conditions of employment to be provided by government contractors.

 

  • sets​ minimum wages, mandates overtime pay, and regulates child labor.

 

Answer : (A)

 

 

  1. The Walsh-Healy Act (1936):​

 

  • sets the ground rules for the give and take between labor unions and corporate managers.​

 

  • provides​ modest pensions to retired workers.

 

  • sets​ the terms and conditions of employment to be provided by government contractors.

 

  • sets​ minimum wages, mandates overtime pay, and regulates child labor.

 

Answer : (C)

 

 

  1. The Merchant Marine (Jones) Act (1936):​

 

(A) provides​ remedies for injured sailors.

 

(B) provides​ modest pensions to retired workers.

 

  • sets​ the terms and conditions of employment to be provided by government contractors.

 

  • sets​ minimum wages, mandates overtime pay, and regulates child labor.

 

Answer : (A)

 

 

  1. In West Coast Hotel Company v. Parrish, the Washington Supreme Court reasoned:​

 

  • it​ is in the public interest to safeguard women’s health and protect them from unscrupulous employers.

 

  • the​ protection of women is a legitimate end of the exercise of state power.

 

  • the​ requirement of a fair minimum wage designed so the woman can meet the “very necessities of existence” is a means of protection.

 

  • All​ of these answers.

 

Answer : (D)

 

 

  1. Which of the following issues or trends contributed to the gradual decline of organized labor?​

 

(A) Union​ abuse of power

 

(B) Political​ scrutiny of illegal and unethical activity

 

(C) Globalization​

 

(D) All​ of these answers.

 

Answer : (D)

 

 

 

 

ESSAY

 

  1. Which statute provides pensions to retired workers?

 

 

 

 

Graders Info :

 

The Social Security Act of 1935 deals with provisions on pensions that are to be provided to retired workers.

 

  1. Briefly describe the doctrine of employment-at-will.

 

 

 

 

Graders Info :

 

The doctrine of employment-at-will was established in the 19th century in the common law. It states

 

that both the employee and the employer are free to unilaterally terminate the relationship at any time and for any legally permissible reason, or for no reason at all.

 

  1. What are individual employee rights?

 

 

 

 

Graders Info :

 

Individual employee rights are those rights that are enjoyed by workers as individuals, as against collective rights secured by unionization.

 

  1. Who violated the “gentlemen’s agreement” with the Roosevelt Administration during WWII?

 

 

 

 

Graders Info :

 

John L. Lewis, president of the United Mine Workers had violated the “gentlemen’s agreement” with the Roosevelt Administration during WWII.

 

  1. Briefly describe the Taft-Hartley Act.

 

 

 

 

Graders Info :

 

The Taft-Hartley Act is a federal statute which enacted unfair labor practices for which unions might be charged and punished, such as coercing workers to join against their will.

 

  1. Explain the phenomenon of globalization.

 

 

 

 

Graders Info :

 

Globalization is the integration of national economies into a worldwide economy, due to trade, investment, migration and information technology.

 

  1. What rights does an employee have under Title VII of the Civil Rights Act if he or she faces illegal discrimination at work place?

 

 

Graders Info :

 

Under Title VII, an employee alleging illegal discrimination has the right to file a complaint with the Equal Employment Opportunity Commission (EEOC), for remedy.

 

  1. What does the Racketeer Influenced and Corrupt Organizations Act (RICO) state?

 

 

 

 

 

Graders Info :

 

RICO is a federal law designed to criminally penalize those who engage in illegal activities as part of an ongoing criminal organization.

 

  1. Explain the consequences of the New Deal that was created subsequent to the Great Depression.

 

 

 

 

Graders Info :

 

The Great Depression and the subsequent New Deal of President Franklin D. Roosevelt resulted in the enactment of the major federal employment and labor laws. These statutes include:

 

  • The Social Security Act (1935)

 

  • The National Labor Relations Act (1935)

 

  • The Walsh-Healy Act (1936)

 

  • The Merchant Marine (Jones) Act (1936)

 

  • The Fair Labor Standards Act (1938)

 

These laws continue to govern the fundamental features of the employment relationship and unionization even today

 

  1. What are the reasons for the decline of the Post-War Organized Labor?

 

 

 

 

Graders Info :

 

Several significant issues and trends combined to cause the gradual decline of organized labor in America. Incidents like violation of “gentlemen’s agreement” by John L. Lewis, president of the United Mine Workers, with the Roosevelt Administration during WWII. The belief of Critics, that the combined American Federation of Labor/Congress of Industrial Organizations (AFL-CIO) had grown far too powerful. Resistance, by so-called “Red Hunters” as the infamous Senator Joseph McCarthy, to perceived Communist influences in large unions at the advent of Cold War. Similarly, alleged organized-crime ties of other huge unions attracted the attention and wrath of politicians and government.

 

  1. What led to decline and the resurrection of the arbitration remedy?

 

 

 

 

Graders Info :

 

The proliferation of individual employee rights led to swamping of the state and federal courts. However, the decline of organized labor combined with the Supreme Court’s ruling that individual rights could not be automatically ceded to the labor-management dispute-resolution process contributed significantly to the litigation deluge. Then in 1991, the Supreme Court revisited the issue and held in the case of Gilmer v. Interstate/Johnson Llane Corporation 500 U.S. 20 (1991), that out of-court dispute resolution is consistent with the statutory scheme.

 

  1. What are the major statutory aspects of Employee Health, Safety, and Welfare?

 

 

 

 

 

Graders Info :

 

The major aspects of employee health, safety, and welfare, as they are embodied in our federal and state laws include

 

  • The federal Occupational Safety and Health Act (OSHA) and its many state-law counterparts

 

  • Workers’ compensation and unemployment insurance statutes, which are a part of virtually every state’s statutory safety net for injured and out-of-work workers

 

  • The U.S. Social Security system, which includes both pensions and support payments for permanently disabled workers who are still too young to retire

 

  • The Employee Retirement Income Security Act (ERISA), which is intended to protect and preserve employee pensions

 

  • The Family and Medical Leave Act (FMLA) and its numerous state and local counterparts, which increasingly require employers to grant paid leaves of absence for an ever-increasing range of personal issues

 

  • Worker Adjustment and Retraining (WARN) Acts, both federal and state, which are aimed at letting employees know when a plant closing or mass layoff is in the offing

 

However, no national statute requires private employers to provide their employees with either health insurance or a pension plan.

Chapter 03 Commonly Committed Workplace Torts

 

TRUEFALSE

 

  1. A tort can be defined as a civil wrong.

 

(A) True

 

(B) False

 

Answer : (A)

 

 

  1. The National Labor Relations Act preempts a requirement to submit the claim to binding arbitration, and sovereign immunity, where public employers are targeted.

 

  • True

 

  • False

 

Answer : (A)

 

 

  1. One of the most commonly committed workplace torts is defamation.

 

(A) True

 

(B) False

 

Answer : (A)

 

 

  1. Defamation and slander are two kinds of libel.

 

(A) True

 

(B) False

 

Answer : (B)

 

 

  1. Since business defamation is a per se tort, it cannot amount to strict liability even if the plaintiff has proved that the damaging statement was published.

 

  • True

 

  • False

 

Answer : (B)

 

 

 

  1. Qualified privilege is recognized by law.

 

  • True

 

  • False

 

Answer : (A)

 

 

  1. Private employers are not covered by qualified privilege.

 

(A) True

 

(B) False

 

Answer : (B)

 

 

  1. Negligent infliction of emotional distress is not recognized by any jurisdiction.

 

(A) True

 

(B) False

 

Answer : (B)

 

 

  1. In context of employment laws, tortious interference with contract is a commonly committed tort.

 

(A) True

 

(B) False

 

Answer : (A)

 

 

  1. Retaliatory demotion cannot support a claim on wrongful discharge.

 

(A) True

 

(B) False

 

Answer : (B)

 

 

  1. “Trade secret” is another name for proprietary information.​

 

(A) True

 

(B) False

 

Answer : (A)

 

 

  1. In most of the states’ common laws, it is an obligation for employees to respect the trade secrets of employers.

 

  • True

 

  • False

 

Answer : (A)

 

 

  1. Confidentiality and non-competition agreements are entered into by the employers on behalf of the employees while hiring the employees.

 

  • True

 

  • False

 

Answer : (B)

 

 

  1. Misappropriation of trade secrets is considered a crime in some states.

 

(A) True

 

(B) False

 

Answer : (A)

 

 

  1. Employers whose employees misappropriate trade secrets cannot be entitled to obtain an injunction in this regard as employers shall be considered to have committed contributory negligence.

 

  • True

 

  • False

 

Answer : (B)

 

 

 

 

MULTICHOICE

 

  1. Which of the following can be considered to be a civil wrong?​

 

(A) Injunction​

 

(B) Tort​

 

(C) Ordeal​

 

(D) Ordinance​

 

Answer : (B)

 

 

 

  1. Which of these forms of invasion of privacy is closely related to the tort of defamation?​

 

  • Invasion​ of plaintiff’s solitude

 

  • Intrusion​ into plaintiff’s private affairs

 

  • Portraying​ plaintiff in a false light

 

  • Appropriating​ plaintiff’s name or likeness

 

Answer : (C)

 

 

  1. Since business defamation is a ______, it can amount to strict liability once the plaintiff has proved that the damaging statement was ______.​

 

  • criminal offence; heinous​

 

  • misdemeanor;​ unreasonable

 

  • per​ se tort; published

 

  • negligence;​ intentional

 

Answer : (C)

 

 

  1. If a person intentionally writes or says false things about anyone at workplace, such an act amounts to:​

 

(A) fabrication​.

 

(B) ratification​.

 

(C) whistleblowing​.

 

(D) defamation​.

 

Answer : (D)

 

 

  1. Defamation by writing is known as:​

 

(A) writ.​

 

(B) slander​.

 

(C) libel​.

 

(D) dicta​.

 

Answer : (C)

 

 

  1. Defamation through speech is known as:​

 

(A) slander​.

 

(B) stipulation​.

 

(C) speculation​.

 

(D) libel​.

 

Answer : (A)

 

 

  1. The law recognizes a qualified privilege in all of the following instances except:​

 

(A) comments​ concerning an employee’s performance made to a supervisor.

 

(B) comments​ concerning an employee’s performance communicated via company email.

 

(C) an​ employer discussing an employee’s performance with his coworkers over lunch.

 

(D) assessments​ of an employee, communicated by a former employer to a prospective employer.

 

Answer : (C)

 

 

  1. Which of the following statements regarding privilege and private employers is accurate?​

 

(A) Private​ employers enjoy absolute privilege.

 

(B) Private​ employers have qualified privilege.

 

(C) Private​ employers are protected against suites even if they speak with malice.

 

(D) Private​ and public employers have sovereign immunity from suites.

 

Answer : (B)

 

 

  1. If any person’s conduct causes emotional harm to the other, then it shall be considered as a case

 

of:​

 

  • intentional infliction of emotional distress.​

 

  • negligent​ infliction of emotional distress.

 

  • professional​ misconduct.

 

  • traumatic​ behavior.

 

Answer : (A)

 

 

  1. All of the following are elements of a prima facie case of intentional infliction of emotional distress except:​

 

  • an​ extreme and outrageous conduct by the defendant.

 

  • the​ defendant did not intend but has caused emotional distress.

 

  • the​ plaintiff has suffered severe emotional distress.

 

  • the​ distress was a direct result of the defendant’s extreme and outrageous conduct.

 

Answer : (B)

 

 

  1. Third party must interfere for an improper reason, such as animosity toward the plaintiff, and not for a valid business reason, in order to be held responsible for the tort of:​

 

  • infliction​ of emotional distress.

 

  • defamation​.

 

  • tortious​ interference with contract.

 

  • slander​.

 

Answer : (C)

 

 

  1. A tort that is based on the wrongful discharge cause of action is known as:​

 

(A) punishment​.

 

(B) negligence​.

 

(C) promotion​.

 

(D) retaliatory​ demotion.

 

Answer : (D)

 

 

  1. In​ the context of the chapter, the term “trade secrets” is synonymous with:

 

(A) military​ information.

 

(B) business​ intelligence.

 

(C) proprietary​ information.

 

(D) personal​ information.

 

Answer : (C)

 

 

  1. Employers reinforce their common law rights by:​

 

(A) issuing​ injunctions and suing for damages.

 

(B) requiring​ employees to sign confidentiality and noncompetition agreements at time of hire.

 

(C) reducing​ the employees rank, salary, or job title as a punishment.

 

(D) imposing​ regulations on their Internet usage and other external communication.

 

Answer : (B)

 

 

  1. Employers whose employees misappropriate the trade secrets are entitled to obtain:​

 

(A) injunction​.

 

(B) penalty​.

 

(C) remand​.

 

(D) custody​.

 

Answer : (A)

 

 

  1. In the Toler v. Süd-Chemie, Inc.case, an employer was accused of abusing:​

 

(A) laws​ of the company.

 

(B) qualified​ privilege.

 

(C) employee​ privacy.

 

(D) contractual​ obligations.

 

Answer : (B)

 

 

  1. In the Nelson v. Target Corporation case, the employer was found not guilty of:​

 

(A) intentional​ infliction of emotional distress.

 

(B) negligent​ infliction of emotional distress.

 

(C) tortious​ interference with contract.

 

(D) defamation​.

 

Answer : (A)

 

 

  1. In the Bulwer v. Mount Auburn Hosp. case, the defendants were found not guilty of:​

 

(A) malevolence​.

 

(B) defamation​.

 

(C) specific​ performance.

 

(D) slander​.

 

Answer : (A)

 

  1. In the Duty v. Boys and Girls Club of Porter County, the plaintiff’s claim succeeded because the alleged breach of contract was:​

 

(A) malicious​.

 

(B) accidental​.

 

  • not​ malicious.

 

  • not​ exclusively directed at the plaintiff.

 

Answer : (A)

 

 

  1. In the Williams v. American Eagle Airlines, Inc. case, the plaintiff’s tortious interference with contract claim against American Eagle was based on:​

 

  • an invalid contract.​

 

  • a​ collective bargaining agreement.

 

  • negligent​ interference.

 

  • discrimination​.

 

Answer : (B)

 

 

  1. In the Oliver v. Orleans Parish School Bd. case, the trial court’s determination that the defendant’s actions were unauthorized and unjustified was ______, which defeats the tortious interference with contract claim.​

 

  • libelous​

 

  • defamatory​

 

  • “clearly​ wrong”

 

  • a​ breach of contract

 

Answer : (C)

 

 

  1. An employee’s theft of her employer’s trade secrets is considered as a(n):​

 

(A) liability​.

 

(B) tort​.

 

(C) bailment​.

 

(D) injunction​.

 

Answer : (B)

 

  1. Guana Inc. persuaded Mandy, DOS Right Inc.’s top systems engineer, to “jump ship” and come over to Guana, bringing all her notebooks and diskettes containing her work from DOS Right. Mandy accepted the offer since DOS Right had reneged on a bonus that she believed she was promised, but was never paid. On these facts:​

 

  • DOS​ Right does not have a remedy.

 

  • Mandy​ can claim for constructive wrongful discharge.

 

  • Guana​ may be liable for tortious interference with contract.

 

  • Mandy​ can claim for intentional infliction of emotional distress.

 

Answer : (C)

 

 

  1. Robert, a mid-level manager at Revive Corp., was falsely accused of sexual harassment. In the course of its investigation, the company questioned numerous co-workers about Robert, searched his office and computer files without his permission, and interviewed his neighbors. Although the investigation produced no evidence of Robert’s guilt, he was fired since the company’s president felt that the accusation was a poor reflection on the organization. If Robert sues Revive, his complaint will likely contain counts of:​

 

(A) racial​ discrimination.

 

(B) wrongful​ discharge.

 

  • tortious​ interference with contract.

 

  • felony​.

 

Answer : (B)

 

 

  1. Which of the following is a requirement to submit a claim to binding arbitration?​

 

(A) Fair​ Labor Standards Act Amendment 12

 

(B) Equal​ Employment Opportunities Commission’s Form 22-A

 

(C) National​ Labor Relations Act preemption

 

(D) North​ American Free Trade Agreement’s Form 17-C

 

Answer : (C)

 

 

  1. What kind of precautions do employers use to guard their valuable intellectual property from misappropriation by disgruntled, departing employees?​

 

(A) Contributory​ negligence

 

(B) Infringement​ of trade mark

 

  • Tort​ of trade secret

 

  • Non​-compete clause

 

Answer : (C)

 

 

  1. If a communication tends to harm the reputation of an individual to lower him or her in the estimation of the community or to deter third persons from associating or dealing with him or her, this is considered a:​

 

(A) felony​.

 

(B) defamation​.

 

(C) misdemeanor​.

 

(D) strict​ liability.

 

Answer : (B)

 

 

  1. When a person is protected by ______, the remarks made will be immune from a defamation suit, if the person has made them in good faith.​

 

  • qualified privilege​

 

  • sovereign​ immunity

 

  • strict​ liability

 

  • vicarious​ liability

 

Answer : (A)

 

 

  1. The imputation of crime, disease, and those affecting the plaintiff in his business, trade, profession, office or calling are commonly recognized forms of:​

 

  • per​ se defamation.

 

  • strict​ liability.

 

  • absolute​ liability.

 

  • negligence​.

 

Answer : (A)

 

 

  1. Which tort is only recognized by a minority of jurisdictions?​

 

(A) libel​

 

  • negligent​ infliction of emotional distress

 

  • intentional​ infliction of emotional distress

 

  • slander​

 

Answer : (B)

 

 

  1. Julie harassed her co-worker Van by regularly tampering with his belongings and leaving threatening messages on his desk. This repeated harassment caused Van to suffer from severe depression. In the above scenario, what type of tort can Van claim on Julie?​

 

  • negligent​ infliction of emotional distress

 

  • intentional​ infliction of emotional distress

 

  • absolute​ liability

 

  • libel​

 

Answer : (B)

 

 

  1. Which of the following is considered an offense with lower level culpability compared to intentional infliction?​

 

  • Libel​

 

  • Slander​

 

  • Negligent​ infliction

 

  • Qualified​ privilege

 

Answer : (C)

 

 

  1. Under which law is the context of tortious interference with contract extracted from?​

 

(A) Unemployment​ law

 

(B) Civil​ law

 

(C) Criminal​ law

 

(D) Employment​ law

 

Answer : (D)

 

 

  1. The elements of retaliatory demotion are quite the same as:​

 

(A) wrongful​ discharge.

 

  • intentional​ infliction of emotional distress.

 

  • strict​ liability.

 

  • willful​ misconduct.

 

Answer : (A)

 

 

  1. Which of the following applies to the protection of proprietary information by common law or state statute?​

 

(A) Employee’s​ social security number

 

(B) Worker’s​ compensation

 

(C) Trade​ secret

 

(D) Trademark​

 

Answer : (C)

 

 

 

 

ESSAY

 

  1. Define the tort of defamation.

 

 

 

 

Graders Info :

 

A communication is defamatory if it tends to harm the reputation of another as to lower him in the estimation of the community or to deter third persons from associating or dealing with him.

 

  1. Explain the similarities and differences between libel and slander.

 

 

 

 

Graders Info :

 

The tort of “Libel” and “Slander” are parts of defamation. Libel is defamation in writing and slander is defamation through speech.

 

  1. Explain the differences between libel or slander that is per se or not per se.

 

 

 

 

Graders Info :

 

The two torts may be further divided into the libel or slander that is per se and the libel or slander that is not per se. It is important in some cases because libel/slander per se requires no showing of specific damages for the plaintiff to recover a judgment, whereas libel/slander that is not per se

 

demands such a showing from the injured party.

 

  1. Which is business defamation?

 

 

 

 

Graders Info :

 

Business defamation is a per se tort; it can amount to strict liability once the plaintiff has proved that the damaging statement was published.

 

  1. How can a person be immune from a defamation suit if he is protected by qualified privilege?

 

 

 

 

Graders Info :

 

If a person is protected by qualified privilege his remarks will be immune from defamation suit, provided he made them in good faith.

 

  1. How does the court recognize qualified privilege?

 

 

 

 

Graders Info :

 

The law generally recognizes a qualified privilege where one person communicates with another who has a legitimate need to know the information.

 

  1. Why have some courts been reluctant to adopt the tort of intentional infliction of emotional distress?

 

 

Graders Info :

 

Courts have been concerned that in the absence of physical injury, plaintiffs can readily fake emotional distress and win undeserved verdicts, and, hence, have been reluctant to adopt this tort.

 

  1. If a state recognizes tort of negligent infliction of emotional distress, how will the defendant of that state be liable for damages?

 

 

Graders Info :

 

A defendant may be liable in damages for unreasonable behavior that results in severe emotional harm to the plaintiff, even though the defendant never meant to inflict any harm.

 

  1. How is a third party responsible for tortious interference with contract?

 

 

 

 

 

Graders Info :

 

A third party must interfere for an improper reason, such as animosity toward the plaintiff, and not for a valid business reason, in order to be held responsible for this tort.

 

  1. How are retaliatory demotion cases different from wrongful discharge suits?

 

 

 

 

Graders Info :

 

Retaliatory demotion cases are somewhat more delicate than wrongful discharge suits, as the plaintiff remains an employee of the defendant-firm, unless the latter takes the next step and actually fires him/her.

 

  1. What is a tort and how it is applicable in employer-employee relationships?

 

 

 

 

Graders Info :

 

The word tort means a civil wrong not based upon a preexisting contractual relationship. By and large, tort law is the law of personal injury. Its application to employer-employee relationship is affected by workers’ compensation insurance, which immunizes the employer from some tort liabilities.

 

  1. In defamation per se, what does “per se” connote?

 

 

 

 

Graders Info :

 

The term “per se” connotes that the third person to whom the defamation is communicated can recognize the damaging nature of the communication without being apprised of the contextual setting in which the communication was made.

 

  1. What is qualified privilege and which kind of privilege is provided to public and private employees?

 

 

Graders Info :

 

Immunity from a suit in the absence of malice is known as qualified privilege. Privilege can be absolute or qualified. Public employers may enjoy an absolute privilege or sovereign immunity from lawsuit. Private employers have a qualified privilege, meaning they are protected from lawsuit if they speak without malice.

 

  1. Why do courts shy away from negligent infliction of emotional distress?

 

 

 

 

Graders Info :

 

Many courts shy away from this tort because of problems of proving the extent of the plaintiff’s

 

suffering and/or the causal connection, particularly where the defendant never intended to cause the harm.

 

  1. What is the remedy for an employer in case of theft of trade secrets by a former employee?

 

 

 

 

Graders Info :

 

Employers whose employees misappropriate trade secrets for their own use or for the benefit of a new employer, are entitled to obtain an injunction (court order) putting a stop to such illegal behavior.

 

Chapter 13 The Unionization Process

 

TRUEFALSE

 

  1. Any dealings with individual unit employees must be in accordance with the collective bargaining agreement.​

 

  • True

 

  • False

 

Answer : (A)

 

 

  1. The National Labor Relations Act (NLRA) requires that the method of determining the employees’ choice of a bargaining representative is to hold a secret ballot election.

 

  • True

 

  • False

 

Answer : (B)

 

 

  1. Any employee, group of employees, or labor organization can file a petition seeking a representation election or a decertification election on behalf of the employees as a whole.​

 

  • True

 

  • False

 

Answer : (A)

 

 

  1. Under the contract bar rule, an employer filing a petition must submit a proof of union’s recognition demand within two days of filing the petition to the regional office.

 

  • True

 

  • False

 

Answer : (B)

 

 

  1. The decision of the regional director to dismiss the petition, if the Board agent finds some impediments to an election, is non-appealable.​

 

  • True

 

  • False

 

Answer : (B)

 

  1. Under the election bar rule, a written labor contract bars an election among the affected bargaining unit during the life of that bargaining agreement.​

 

  • True

 

  • False

 

Answer : (B)

 

 

  1. Section 9(C) (3) of the National Labor Relations Act provides that when a valid election has been held in a bargaining unit, no new election can be held for a twelve-month period for that unit or any subdivision of the unit.​

 

  • True

 

  • False

 

Answer : (A)

 

 

  1. The bargaining unit is a concept central to labor relations under both the Employee Free Choice Act and the Fair Labor Standards Act.

 

  • True

 

  • False

 

Answer : (B)

 

 

  1. The bargaining unit should encompass all employees who share a community of interests regarding working conditions.​

 

  • True

 

  • False

 

Answer : (A)

 

 

  1. In the event of a strike, the Board does not distinguish whether the employees are on an unfair labor practice strike or an economic strike.

 

  • True

 

  • False

 

Answer : (B)

 

 

  1. Unfair labor practice strikers are not eligible to vote in any election held during the strike.

 

(A) True

 

(B) False

 

Answer : (B)

 

 

  1. Economic strikes are strikes over economic issues, such as grievances or a new contract.

 

(A) True

 

(B) False

 

Answer : (A)

 

 

  1. As the NLRB agent supervises the conduct of the election, no parties are entitled to have observers present during the voting.​

 

  • True

 

  • False

 

Answer : (B)

 

 

  1. The Board requires that the parties in an election should refrain from formal campaigning for twenty-four hours prior to the election.​

 

  • True

 

  • False

 

Answer : (A)

 

 

  1. Employers are permitted to file a decertification petition.

 

(A) True

 

(B) False

 

Answer : (B)

 

 

 

 

MULTICHOICE

 

  1. The _____ added some protection for minority factions within the bargaining units.​

 

(A) Employee​ Free Choice Act

 

(B) Taft-Hartley Act​

 

(C) National Labor Relation Act​

 

(D) Clayton Act​

 

Answer : (B)

 

 

  1. _____ of the NLRA requires that the union be designated or selected by a majority of the employees in order for the union to become the exclusive bargaining agent.​

 

(A) Section​ 8(a)(3)

 

  • Section 7​

 

  • Section 2(3)​

 

  • Section​ 9(a)

 

Answer : (D)

 

 

  1. Under the NLRA, no petitions seeking a new representation or decertification election can be filed for bargaining unit of employees during the _____ period following the elections.​

 

  • three​- month

 

  • six-month​

 

  • nine-month​

 

  • twelve-month​

 

Answer : (D)

 

 

  1. An employer is entitled to file a petition only after one or more individuals or unions present that employer with a claim for recognition as the bargaining representative according to:​

 

(A) Section​ 9(c)(1)(B).

 

  • Section 9(c)(1)(A).​

 

  • Section 9(c)(2)(A).​

 

  • section 10(a)(1)(B).​

 

Answer : (A)

 

 

  1. The newly certified bargaining agent should be given a reasonable opportunity to fulfill its mandate by successfully negotiating a(n) _____ with the company.​

 

  • contract

 

  • election procedure​

 

  • collective bargaining agreement​

 

  • affirmative action plan​

 

Answer : (C)

 

 

  1. Under the exceptions to the contract bar rule, the Board provides a window, or “open season,” during which a rival union can offer its challenge by filing a(n):​

 

(A) petition​ for injunction.

 

  • petition for summary dismissal.​

 

  • criminal complaint.​

 

  • election petition.​

 

Answer : (D)

 

 

  1. When a valid election has been held in a bargaining unit, no new election can be held for a twelve-month period for that unit or any subdivision of the unit. This provision is provided under:​

 

  • the​ National Labor Relations Act (NLRA).

 

  • the Payment of Wages Act.​

 

  • Title VII of the Civil Rights Act.​

 

  • the Human Rights Act.​

 

Answer : (A)

 

 

  1. The 1974 amendments to the NLRA extended NLRB jurisdiction over:​

 

(A) bricklayers​.

 

(B) service industries.​

 

(C) nonprofit​ healthcare institutions.

 

(D) All of the above.​

 

Answer : (C)

 

 

  1. Section 9(b) of the NLRA provides that the definition of an appropriate bargaining unit is a matter left to the:​

 

(A) company​ management.

 

(B) labor union organizations.​

 

  • NLR board’s discretion.​

 

  • federal government.​

 

Answer : (C)

 

 

  1. Where a company employs temporary workers supplied by a personnel staffing agency in addition to its own employees, the NLRB will only include the temporary workers in a bargaining unit with the firm’s employees if both the employer and the staffing agency agree to the multiemployer bargaining unit, according to:​

 

  • Packard Motor Car v. NLRB.

 

  • Oakwood Care Center.

 

  • American Hospital Association v. NLRB.

 

  • Bro-Tech Corp. v. NLRB.

 

Answer : (D)

 

 

  1. In the case of Buckhorn, Inc. and International Union of Industrial and Independent Workers, the NLRB contended that the unit, limited solely to maintenance employees is not an appropriate unit for the purposes of:​

 

  • fair​ trade practices.

 

  • union activities.​

 

  • collective bargaining.​

 

  • arbitration proceedings.​

 

Answer : (C)

 

 

  1. In American Hospital Association v. NLRB, the U.S. Supreme Court upheld the NLRB’s health care industry bargaining unit rules and the power of the NLRB in order to establish:​

 

  • prima​ facie case through disparate impact treatment.

 

  • bargaining units through its rule-making authority.​

 

  • trade union through its discretionary power.​

 

  • hiring hall through its mandatory power.​

 

Answer : (B)

 

 

  1. _____ defines employee to include “any individual whose work has ceased as a consequence of … any current labor dispute … and who has not obtained any other regular and substantially equivalent

 

employment”.​

 

  • Section​ 2(3) of the National Labor Relations Act

 

  • Section 704(k) of the Civil Rights Act​

 

  • Section 9(c)(3) of National Labor Relations Act​

 

  • Section 10 of the Occupational Safety and Health Act​

 

Answer : (A)

 

 

  1. The Board holds that unfair labor practice strikers:​

 

(A) cannot​ constitute a bargaining unit.

 

(B) cannot be permanently replaced by the employer.​

 

(C) are not eligible to vote in any election held during the strike.​

 

(D) may also be considered as economic strikers.​

 

Answer : (B)

 

 

  1. Economic strikers who have been permanently replaced may vote only in elections held within

 

_____ after the strike begins.

 

  • six​ months

 

  • nine months​

 

  • twelve months​

 

  • eighteen months​

 

Answer : (C)

 

 

  1. The conditions under which a representative election is held where the NLRB tries to ensure that neither the employer nor the union unduly affects the employees’ free choice, is called:​

 

(A) laboratory​ conditions.

 

  • ex parte agreements.​

 

  • bilateral conditions.​

 

  • employee free choice conditions.​

 

Answer : (A)

 

 

 

  1. In _____, the court held that the NLRB will intervene if either party uses a forged document that

 

renders the voting employees unable to recognize the propaganda for what it is.​

 

  • NLRB St. Francis Healthcare Center

 

  • Bro-Tech Corp. v. NLRB

 

  • Packard Motor Car v. NLRB

 

  • American Hospital Association v. NLRB

 

Answer : (A)

 

 

  1. In Comet Electric and Bro-Tech Corp. v. NLRB, the court held that any mass union rallies or employer captive-audience speeches during the _____ period will be grounds to set aside the election result.​

 

  • campaign​

 

  • silent​

 

  • injunction​

 

  • negotiation​

 

Answer : (B)

 

 

  1. If either party believes the election laboratory conditions were violated, than he may file objections to the other party’s conduct with the regional director within _____ days of the election.​

 

  • fifteen​

 

  • ten​

 

  • five​

 

  • thirty​

 

Answer : (C)

 

 

  1. Section 9(e)(1) of the National Labor Relations Act provides for the holding of a deauthorization election to rescind the union shop clause in a(n) _____ agreement.​

 

  • employment​

 

  • collective​

 

  • non-disclosure​

 

  • arbitration​

 

Answer : (B)

 

  1. In National Steel Supply, Inc. and International Brotherhood of Trade Unions, Local 713, the NLRB ordered the employer to cease and desist from engaging in:​

 

(A) whipshaw​ strikes.

 

  • criminal conspiracy.​

 

  • unfair labor practices.​

 

  • monopoly practices.​

 

Answer : (C)

 

 

  1. In United Dairy Farmers Co-op. Assoc. v. NLRB, the U.S. Court of Appeals for the Third Circuit held that the Board had the power to issue a:​

 

(A) termination​ order.

 

  • bargaining order.​

 

  • mareva injunction.​

 

  • summary judgment.​

 

Answer : (B)

 

 

  1. The Seventh Circuit enforced a bargaining order despite a delay of four years and turnover of most the bargaining unit employees in:​

 

  • America’s Best Quality Coatings v. NLRB.

 

  • DTR Industries v. NLRB.

 

  • Kinney Drugs, Inc. v. NLRB.

 

  • Charlotte Amphitheater Corp. v. NLRB.

 

Answer : (A)

 

 

  1. In Conair Corp. v. NLRB, the U.S. Court of Appeals for the D.C. Circuit held that it was inappropriate for the Board to issue a bargaining order where the union never established evidence of:​

 

  • an​ employment agreement.

 

  • an arbitration agreement.​

 

  • majority support.​

 

  • minority approval.​

 

Answer : (C)

 

 

  1. If an employer engages in unfair labor practices after receiving the union’s request for recognition, the union is free to seek a Gissel-type bargaining order from the:​

 

  • National​ Labor Relations Board.

 

  • American Federation of Labor.​

 

  • International Labor Organization.​

 

  • Occupational Safety and Health Administration.​

 

Answer : (A)

 

 

  1. The employees of Freddy Auto Sales decided to select Peter as their bargaining representative for the purposes of collective bargaining by the majority of the employees. The major issues of negotiation include rates of pay, wages, hours of employment, or other conditions of employment. In this scenario, Peter is covered under the:​

 

(A) Workmen’s​ Compensation Act.

 

  • National Labor Relations Act.​

 

  • Equal Employment Opportunity Act.​

 

  • Civil Rights Act.​

 

Answer : (B)

 

 

  1. Stuart and Melvin were employees of ANZ Construction Company. They both sustained serious injuries while working and took a week off. The company awarded Stuart $500 as compensation, but nothing was awarded to Melvin. In this case, Melvin has the right to present his grievances to his employer without intervention of bargaining representative under the:​

 

  • Taft​-Hartley Act.

 

  • National Labor Relation Act.​

 

  • Occupational​ Safety and Health Act.

 

  • Fair​ Labor Standards Act.

 

Answer : (A)

 

 

  1. Under the contract bar rule, a written labor contract-signed and binding on the parties and dealing with substantial terms and conditions of employment-bars an election among the affected bargaining unit:​

 

(A) until​ the new bargaining unit is decided.

 

  • during the life of that bargaining agreement.​

 

  • for the next twelve months from the date of the previous election.​

 

  • for the next twelve months from the date of signing the contract.​

 

Answer : (B)

 

 

  1. An election was conducted at General Affairs Company to elect a union bargaining representative. The election was conducted in a fair manner, but the opposite union called for a re-election. Under Section 9(c)(3) of National Labor Relations Act, no new election can be held for a

_____ period for that unit.​

 

  • twenty​-four month

 

  • twelve-month​

 

  • thirty-six month​

 

  • six-month​

 

Answer : (B)

 

 

  1. Elemental Chemical Manufacturing Company located in New York decided to conduct an election to elect bargaining representative. The NLRB established an eligibility date for the employees at the firm. Jacob Wiles was hired by the Elemental Chemicals after the eligibility date was prepared. In this case, Jacob:​

 

  • can​ vote during the conduct of election.

 

  • can be restrained from entering the company.​

 

  • may be withheld from entering the rolls until further notice.​

 

  • cannot vote during the conduct of election.​

 

Answer : (D)

 

 

  1. The employee union at the National Steel Supply Company requested their employer to pay the minimum wages and improve the working conditions in the company. The request of the union was refused by the employer. The employer threatened to permanently replace the union members if they go on strike. Subsequently, the union decided to go on strike. This is an example of a(n):

 

  • unfair​ labor practice strike.

 

  • economic strike.​

 

  • whipsaw strike.​

 

  • surveillance strike.​

 

Answer : (A)

 

 

  1. The labor union at the National Textile Industry decided to go for a strike in order to press for increased wages and other benefits in industry. This strike would be called a(n):​

 

  • unfair​ labor practice strike.

 

  • whipsaw strike.​

 

  • economic strike.​

 

  • surveillance​ strike.

 

Answer : (C)

 

 

  1. A bargaining representative election was held in Smith Electronic Company against the will of the employer. The employer threatened to terminate those employees who cast their vote during representative election. In this situation, the employer has violated:​

 

(A) administrative​ regulations.

 

  • the contract bar rule.​

 

  • the silent period.​

 

  • the forty-eight-hour rule.​

 

Answer : (B)

 

 

  1. Todd was elected as a bargaining representative of the labor union at Hudson Manufacturing Company. Later, it was found that Mr. Todd did not have majority support to remain as a bargaining representative. So, a group of employees decided to file a(n) _____ under the provisions of Section 9(c)(1) of National Labor Relations Act.​

 

(A) decertification​ petition

 

  • suo​ moto action

 

  • appeal​

 

  • quo warranto​

 

Answer : (A)

 

 

  1. A bargaining representative election was held in Truitt Manufacturing Company, in which Stefan was elected as a bargaining representative for the bargaining unit. Chuck, one of the union members in the company, filed a petition under Section 9 (e) (1) of NLRA, stating that the election conducted was a deauthorization election. The NLRB rejected his petition because he failed to establish requisite support of _____ of the bargaining unit.​

 

  • 20​ percent

 

  • 40 percent​

 

  • 30 percent​

 

  • 50 percent​

 

Answer : (C)

 

 

 

 

ESSAY

 

  1. Define voluntary recognition.

 

 

 

 

Graders Info :

 

The method of recognition where an employer agrees to recognize a union with majority support as the exclusive bargaining agent for the workers in the bargaining unit, without holding a certification election is called voluntary recognition.

 

  1. While determining the bargaining agent, on what grounds the can the Board decision be appealed in Washington?​

 

 

Graders Info :

 

The Board decision can be appealed by a party to the Board in Washington only on the following grounds:​

  • A Board legal precedent was not followed or should be reconsidered.

 

  • A substantial factual issue is clearly erroneous in the record.

 

  • The conduct of the hearing was prejudicial to the appealing party.

 

 

 

  1. Which rule bars holding an election in the bargaining unit?​

 

 

 

 

Graders Info :

 

Under the contract bar rule, a written labor contract signed and binding on the parties and dealing with substantial terms and conditions of employment, bars an election among the affected bargaining unit during the life of that bargaining agreement.​

 

  1. Explain the second exception under contract bar rule.​

 

Graders Info :

 

The second exception to the contract bar rule is that a contract for longer than three years will operate only as a bar to an election for three years.

 

  1. What is bargaining unit?​

 

 

 

 

Graders Info :

 

Bargaining unit is the group of employees for which the union seeks to acquire recognition as bargaining agent and to negotiate regarding employment conditions.​

 

  1. When should an employer file the election eligibility list in the regional office?​

 

 

 

 

Graders Info :

 

Within seven days after the regional director approves a consent election or directs that an election be held, the employer must file an election eligibility list with the regional office.

 

  1. What is the consequence of filing a decertification petition by an employer?​

 

 

 

 

Graders Info :

 

An employer is not permitted to file a decertification petition; the National Labor Relations Board will dismiss a decertification petition by employees if it discovers that the employer has instigated the filing.​

 

  1. What happens if the union loses the election due to employer’s illegal actions?​

 

 

 

 

Graders Info :

 

If the union loses the election; it may be because of the effect of the employer’s illegal actions. In such a case, the union could file objections to the election and request that a new election be held.

 

  1. Explain the rationale behind the rules that bar holding of bargaining representative election.​

 

 

 

 

Graders Info :

 

The philosophy of the National Labor Relations Board and the courts is that a Board-sponsored election is a serious step, which the affected employees should not be permitted to disavow or overrule frivolously or hastily. The newly certified bargaining agent should be given a reasonable opportunity to fulfill its mandate by successfully negotiating a collective bargaining agreement with

 

the company. If the Board failed to protect the successfully elected bargaining representative from worker fickleness or rival union challenges, the employer would be encouraged to avoid timely and sincere bargaining in an effort to erode the union’s support before an agreement is reached. The Board has, therefore, fashioned several election bar rules.

 

  1. Explain the two exceptions of contract bar rule.​

 

 

 

 

Graders Info :

 

Contract bar rule has two exceptions. First, the Board provides a window, or “open season,” during which a rival union can offer its challenge by filing an election petition. This window is open between the ninetieth day and sixtieth day prior to the expiration of the current collective bargaining agreement. If no new petition is filed during the open-season period, then the last sixty days of the contract provide a period during which the parties can negotiate a new agreement insulated from any outside challenges. The second exception to the contract bar rule is that a contract for longer than three years will operate only as a bar to an election for three years. Any contract longer than three years duration will be treated as if it were three years long for the purposes of filing petitions; that is, the open-season period would occur between the ninetieth and the sixtieth day prior to the end of the third year of the agreement.

 

 

  1. What are the five provisions of Section 9(b) of NLRA?​

 

 

 

 

Graders Info :

 

The five provisions of Section 9(b) are:

 

  • The options open to the Board in determining a bargaining unit includes an employer wide unit, a craft unit, a single-plant unit, or a subdivision thereof.

 

  • The unit cannot contain both professional employees and nonprofessional employees; unless a majority of the professional employees have voted to be included in the unit.

 

  • A craft unit cannot be found to be inappropriate simply on the ground that a different unit was established by a previous Board determination, unless a majority of the employees in the proposed craft unit vote against representation in such a separate craft unit.

 

  • A unit including nonguard or nonsecurity employees cannot include plant guards or security personnel; conversely, a union representing plant guards cannot be certified if it also includes workers other than guards as members or if it is directly or indirectly affiliated with a union representing persons other than guards.

 

  • The extent to which employees have already been organized at the time of the filing of the election petition is not to be controlling of the Board’s definition of the appropriate bargaining unit.

 

 

 

  1. What is the relevance of filing objection after election has been conducted?​

 

 

 

 

Graders Info :

 

After the election is held, the parties have five days in which to file any objections with the regional

 

director. If the director finds the objections to be valid, the election will be set aside. If the objections are held to be invalid, the results of the election will be certified. To be victorious, a party to the election must receive a majority of the votes cast; that is, either the union or the no-union choice must garner a majority of the votes cast by the eligible employees. If the election involved more than one union and no choice received a simple majority, the Board will hold a run-off election between the two choices getting the highest number of votes. If a union wins, it will be certified as the bargaining agent for all the employees in the bargaining unit.

 

  1. What is the significance of Section 9(e)(1) of the NLRA pertaining to election?​

 

 

 

 

Graders Info :

 

The provisions of Section 9(e)(1) state that a petition for a deauthorization election may be filed by an employee or group of employees. The petition must have the support of at least 30 percent of the bargaining unit. If a valid petition is filed, along with the requisite show of support, the Board will conduct a secret ballot election to determine whether a majority of employees in the unit wish to remove the union shop clause from the agreement. As is the case with representation and decertification elections, no deauthorization election can be held for a bargaining unit or subdivision of the unit if a valid deauthorization election has been held in the preceding twelve-month period.