Question 1

The duty of fair representation created by the NLRA requires that

Accepted Answer

A) a union treat all members fairly, impartially and in good faith. 
B) a union must pursue any member's grievance against the employer. 
C) an employer, in communications with employees during a union organizing effort, must fairly represent the effects it believes a union will have on the company. 
D) the NLRB certify only proposed bargaining units that it thinks the union can properly represent. 
A) a union treat all members fairly, impartially and in good faith. 
B) a union must pursue any member's grievance against the employer. 
C) an employer, in communications with employees during a union organizing effort, must fairly represent the effects it believes a union will have on the company. 
D) the NLRB certify only proposed bargaining units that it thinks the union can properly represent. A

Question 2

As a general rule,employers have a legal obligation to disclose information about former employees to potential future employers.

Accepted Answer

A) True 
 B)False  False

Question 3

A company's collective bargaining agreement has expired and negotiations are underway for a new one.After one exhausting session,union leaders have decided management will not bargain in good faith.The union declares it will be going out on strike the following midnight if an agreement is not reached.The union

Accepted Answer

A) is allowed to go out on strike the following midnight. 
B) must give the employer at least seven days' notice before going out on strike. 
C) must give the employer at least 30 days' notice before going out on strike. 
D) must give the employer at least 60 days' notice before going out on strike. 
A) is allowed to go out on strike the following midnight. 
B) must give the employer at least seven days' notice before going out on strike. 
C) must give the employer at least 30 days' notice before going out on strike. 
D) must give the employer at least 60 days' notice before going out on strike. D

Question 4

The National Labor Relations Act guarantees employees the right to join unions.

Accepted Answer

A) True 
 B)False

Question 5

When may an employer require an employee to submit to a lie detector test?

Accepted Answer

A) When the employee has been hired for less than 90 days 
B) When the test is part of an on-going investigation into crimes that have occurred 
C) When the employer has reason to believe the employee is using illegal drugs on the job 
D) When all employees are being questioned using a lie detector 
A) When the employee has been hired for less than 90 days 
B) When the test is part of an on-going investigation into crimes that have occurred 
C) When the employer has reason to believe the employee is using illegal drugs on the job 
D) When all employees are being questioned using a lie detector

Question 6

In the absence of a specific law to the contrary,employers have the right to fire workers for off-duty conduct.

Accepted Answer

A) True 
 B)False

Question 7

Jessica was a former employee of Mark.When potential employers called Mark for a reference about Jessica,he stated she was not a very good worker and had been fired for excessive absences.He said he had reason to believe Jessica was on drugs,but he wasn't absolutely certain.Jessica learned what Mark was saying and sued him.In most states

Accepted Answer

A) under the qualified privilege rule, it was legal for Mark to say what he said if it was true and Mark was not motivated by ill will. 
B) it was legal for Mark to say what he said, since courts have consistently ruled that former employers are immune from lawsuits for giving references. 
C) it was not proper for Mark to say what he said, since courts have consistently ruled that former employers should not give references over the telephone or in writing without the former employee's written authorization. 
D) though it was proper for Mark to talk about Jessica's work-related history, he should have refrained from talking about her potential drug use. 
A) under the qualified privilege rule, it was legal for Mark to say what he said if it was true and Mark was not motivated by ill will. 
B) it was legal for Mark to say what he said, since courts have consistently ruled that former employers are immune from lawsuits for giving references. 
C) it was not proper for Mark to say what he said, since courts have consistently ruled that former employers should not give references over the telephone or in writing without the former employee's written authorization. 
D) though it was proper for Mark to talk about Jessica's work-related history, he should have refrained from talking about her potential drug use.

Question 8

Employees of Truan went on strike because of unfair labor practices.After the strike,the striking workers are

Accepted Answer

A) entitled to get their jobs back. 
B) not entitled to get their jobs back. 
C) entitled to get their jobs back but only as they become available. 
D) fired. 
A) entitled to get their jobs back. 
B) not entitled to get their jobs back. 
C) entitled to get their jobs back but only as they become available. 
D) fired.

Question 9

The Employee Retirement Income Security Act (ERISA)requires employers to establish pension plans for employees.

Accepted Answer

A) True 
 B)False

Question 10

Discuss the requirements of the Family and Medical Leave Act.

Accepted Answer

Employers with 50 or more employees are

Question 11

Which of the following statements regarding alcohol and drug use is accurate?

Accepted Answer

A) Government employers may not test their employees for drug and alcohol use. 
B) The EEOC prohibits testing for prescription drugs unless a worker seems impaired. 
C) While a private employer may test its employees for drug and alcohol use, it may not sanction a worker who fails the test. 
D) The EEOC has implemented standards so that now all fifty states adhere to the same laws on drug testing. 
A) Government employers may not test their employees for drug and alcohol use. 
B) The EEOC prohibits testing for prescription drugs unless a worker seems impaired. 
C) While a private employer may test its employees for drug and alcohol use, it may not sanction a worker who fails the test. 
D) The EEOC has implemented standards so that now all fifty states adhere to the same laws on drug testing.

Question 12

Rick and Allan want to start a union in the small factory where they work.Outline the basic procedures they will need to follow to get a union recognized as the exclusive bargaining unit for the company employees.

Accepted Answer

A union organizing effort generally invo

Question 13

Jim was a mechanic.One day when he attempted to weld a car's gasoline tank,it exploded and he was hurt.He filed to collect workers' compensation.His employer resisted on grounds that Jim had been negligent and had also violated the express regulations of the company when he attempted to weld a gasoline tank.Which statement is correct?

Accepted Answer

A) Jim cannot recover if it is shown that his negligent conduct caused the explosion. 
B) Jim cannot recover if it is shown that he violated the express regulations of his employer. 
C) Workers' compensation doesn't apply in situations like this. 
D) Jim can recover even if he was negligent and violated the employer's rules. 
A) Jim cannot recover if it is shown that his negligent conduct caused the explosion. 
B) Jim cannot recover if it is shown that he violated the express regulations of his employer. 
C) Workers' compensation doesn't apply in situations like this. 
D) Jim can recover even if he was negligent and violated the employer's rules.

Question 14

Mega Corp.hired permanent replacement workers when its union went out on strike seeking better medical and retirement benefits.After the strike is over,Mega Corp.

Accepted Answer

A) must give the striking employees their jobs back since this was an economic strike. 
B) must give the striking employees their jobs back since this was an unfair labor practices strike. 
C) may hire additional workers without considering the striking employees who want their jobs back. 
D) does not have to give the striking employees their jobs back since this was an economic strike. 
A) must give the striking employees their jobs back since this was an economic strike. 
B) must give the striking employees their jobs back since this was an unfair labor practices strike. 
C) may hire additional workers without considering the striking employees who want their jobs back. 
D) does not have to give the striking employees their jobs back since this was an economic strike.

Question 15

What is a whistleblower?

Accepted Answer

A) An employee who thwarts an attempt by fellow employees to form a union 
B) An employee who crosses the picket line to return to work 
C) An employee who discloses illegal behavior on the part of his or her employer 
D) An employee who secretly gives information to his or her employer about union activity 
A) An employee who thwarts an attempt by fellow employees to form a union 
B) An employee who crosses the picket line to return to work 
C) An employee who discloses illegal behavior on the part of his or her employer 
D) An employee who secretly gives information to his or her employer about union activity

Question 16

There is a higher percentage of workers in labor unions now than at any other point in history.

Accepted Answer

A) True 
 B)False

Question 17

What legislation did Congress pass in 1932,that prohibited federal court injunctions in nonviolent labor disputes,thereby declaring that workers should be permitted to organize unions and use their collective power to achieve legitimate economic ends?

Accepted Answer

A) The Wagner Act 
B) The Norris-LaGuardia Act 
C) The National Labor Relations Act 
D) The Labor-Management Relations Act 
A) The Wagner Act 
B) The Norris-LaGuardia Act 
C) The National Labor Relations Act 
D) The Labor-Management Relations Act

Question 18

Under the Family and Medical Leave Act,an employee can take up to 12 weeks of paid leave each year for certain personal and family illness situations.

Accepted Answer

A) True 
 B)False

Question 19

Does the Family and Medical Leave Act apply to professionals like CPAs?

Accepted Answer

A) Yes, if they work for a company with at least 50 workers. 
B) Yes, but only if they are paid on an hourly basis. 
C) No, but the professional firm must provide adequate vacation and sick days. 
D) No, unless the employer specifically provides coverage. 
A) Yes, if they work for a company with at least 50 workers. 
B) Yes, but only if they are paid on an hourly basis. 
C) No, but the professional firm must provide adequate vacation and sick days. 
D) No, unless the employer specifically provides coverage.

Question 20

Which of the following statements regarding workplace bullying is accurate?

Accepted Answer

A) Bullying in the workplace does not subject employers to any real liability claims. 
B) The Supreme Court in Indiana ruled that "workplace bullying" cannot be considered a form of intentional infliction of emotional distress. 
C) Studies show that workplace bullying is not a serious issue; only 10 percent of employees have admitted to being bullied at work. 
D) Not a single state has been able to pass anti-bullying legislation. 
A) Bullying in the workplace does not subject employers to any real liability claims. 
B) The Supreme Court in Indiana ruled that "workplace bullying" cannot be considered a form of intentional infliction of emotional distress. 
C) Studies show that workplace bullying is not a serious issue; only 10 percent of employees have admitted to being bullied at work. 
D) Not a single state has been able to pass anti-bullying legislation.

Exam 29: Employment and Labor Law

The duty of fair representation created by the NLRA requires that

As a general rule,employers have a legal obligation to disclose information about former employees to potential future employers.

The National Labor Relations Act guarantees employees the right to join unions.

When may an employer require an employee to submit to a lie detector test?

In the absence of a specific law to the contrary,employers have the right to fire workers for off-duty conduct.

Employees of Truan went on strike because of unfair labor practices.After the strike,the striking workers are

The Employee Retirement Income Security Act (ERISA)requires employers to establish pension plans for employees.

Discuss the requirements of the Family and Medical Leave Act.

Which of the following statements regarding alcohol and drug use is accurate?

Rick and Allan want to start a union in the small factory where they work.Outline the basic procedures they will need to follow to get a union recognized as the exclusive bargaining unit for the company employees.

Mega Corp.hired permanent replacement workers when its union went out on strike seeking better medical and retirement benefits.After the strike is over,Mega Corp.

What is a whistleblower?

There is a higher percentage of workers in labor unions now than at any other point in history.

What legislation did Congress pass in 1932,that prohibited federal court injunctions in nonviolent labor disputes,thereby declaring that workers should be permitted to organize unions and use their collective power to achieve legitimate economic ends?

Under the Family and Medical Leave Act,an employee can take up to 12 weeks of paid leave each year for certain personal and family illness situations.

Does the Family and Medical Leave Act apply to professionals like CPAs?

Which of the following statements regarding workplace bullying is accurate?

Introduction to Law

Business Ethics and Corporate Social Responsibility

International Law

Common Law, Statutory Law, and Administrative Law

Constitutional Law

Dispute Resolution

Crime

Intentional Torts and Business Torts

Negligence, Strict Liability, and Product Liability

Cyberlaw and Privacy

Introduction to Contracts

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Consideration

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Capacity and Consent

Written Contracts

Third Parties

Performance, Breach and Discharge

Remedies

Practical Contracts

Introduction to Sales

Ownership, Risk and Warranties

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Secured Transactions

Creating a Negotiable Instrument

Liability for Negotiable Instruments

Accountants' Liability

Agency Law

Employment Discrimination

Starting a Business: LLCs and Other Options

Partnerships

Life and Death of a Corporation

Management Duties

Shareholder Rights

Bankruptcy

Securities Regulation

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Planning for the Future: Estates and Insurance

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