Exam 15: Employment and Labor Regulations

Job-safety legislation expanded to include occupational health and worry over long-term safety of exposure to dusts and gases in the workplace in the:

The Supreme Court has held that because of the importance of worker safety and health, inspections by OSHA may be conducted without warrants so employers do not have time to hide problems.

Fact Pattern 16-1 Spotted Frog Winery California, produces 75,000 cases of wine a year. It employs 52 full-time workers and, during harvest, another 25 people as pickers. During the 2011 harvest, some employees were unhappy about working conditions and discussed unionizing. They contacted the Winery Workers of America (WWA) for help. Spotted Frog management was upset. If it had to pay workers more (as the union promised), the winery would lose its slim profits. Believing he was acting correctly, the president distributed a memo stating that any employee caught discussing unionization would be fired. Pierre, the wine master at Spotted Frog, was furious about the memo and became an advocate for the union cause. Management would not fire Pierre because he gave their wine its unique taste. But they did fire ten employees who spoke with Pierre. WWA collected authorization cards from employees, requested a representation election, and won a close election. The union, with Pierre as its agent, began negotiating a collective bargaining agreement. Negotiations went badly as the management rejected every proposal. WWA called a strike against Spotted Frog. After two weeks, management caved in and signed a contract, so its employees returned to work. As Pierre entered the winery, he did not see some grape skins on the floor. He slipped and was injured. -Refer to Fact Pattern 16-1. Spotted Frog workers voted for the union. After WWA is selected as the collective bargaining agent, what type of shop will there be?

The result of the decision from the Supreme Court's Chicago Teachers Union and Beck decisions has been that:

Which of the following was NOT concentrated on by early job-safety legislation:

The Supreme Court has held that unions do not have to account for the expenditures of agency fees paid by non-union employees because it is impossible to separate the details of spending on various union functions.

Noncompete agreements are when an employer has employees sign agreements not to compete with the employer in the future.

Noncompete agreements are legal in some states and generally illegal in other states.

The Drug-Free Workplace Act requires ____ to certify that they will provide a "drug-free" workplace.

The ____ was created to monitor unfair labor practices and assure that union representation elections are fair.

Which class of employees is not covered by the NLRA:

Carl works at a unionized workplace where the collective bargaining agreement requires all employees to pay union dues or agency fees. He refuses to join the union, which demands he pay an agency fee, part of which would be used for political purposes. Assuming this is not a right-to-work state:

Employment-at-will means that, unless a contract holds otherwise, employers are free to fire workers at any time for any reason and employees are free to quit their jobs at any time for any reason.

A strike by workers against their employer whose collective bargaining agreement is in question is called:

If over half of the employees at a workplace vote for union representation, the NLRB will:

Estimates are that about one in eight working-age people have a substance abuse problem at one time or another.

Fact Pattern 16-1 Spotted Frog Winery California, produces 75,000 cases of wine a year. It employs 52 full-time workers and, during harvest, another 25 people as pickers. During the 2011 harvest, some employees were unhappy about working conditions and discussed unionizing. They contacted the Winery Workers of America (WWA) for help. Spotted Frog management was upset. If it had to pay workers more (as the union promised), the winery would lose its slim profits. Believing he was acting correctly, the president distributed a memo stating that any employee caught discussing unionization would be fired. Pierre, the wine master at Spotted Frog, was furious about the memo and became an advocate for the union cause. Management would not fire Pierre because he gave their wine its unique taste. But they did fire ten employees who spoke with Pierre. WWA collected authorization cards from employees, requested a representation election, and won a close election. The union, with Pierre as its agent, began negotiating a collective bargaining agreement. Negotiations went badly as the management rejected every proposal. WWA called a strike against Spotted Frog. After two weeks, management caved in and signed a contract, so its employees returned to work. As Pierre entered the winery, he did not see some grape skins on the floor. He slipped and was injured. -Refer to Fact Pattern 16-1. Under the NLRA, the memo written by Spotted Frog's president, threatening to fire workers who discussed unionization is:

One of the problems of workers' compensation is that the premiums are the same for all employees regardless of the dangers of the job.

The ____ is an administrative agency charged with overseeing the National Labor Relations Act.

Workers' compensation is a no-fault insurance system.