Deck 22: Immigration and Labor Law

Question 1

An employee must complete Form I-9, Employment Eligibility Verification, within three days of the commencement of employment.

Answer 1

False

Question 2

For a union election to be held, the organizers must show that a majority of the workers support the union.

Answer 2

False

Question 3

Federal labor law allows states to pass right-to-work laws, but does not allow a state to ban union membership as a requirement for continued employment.

Answer 3

False

Question 4

The Immigration Reform and Control Act provided amnesty to a certain group of aliens living illegally in the United States.

Question 5

An employer charged with hiring an unauthorized worker in violation of immigration law can avoid a penalty by claiming that he or she did not "know" the worker was unauthorized.

Question 6

The National Labor Relations Act established the right of private-sector employees to form unions and to strike.

Question 7

The Immigration Reform and Control Act makes it legal to hire, recruit, or refer for a fee someone not authorized to work in this country.

Question 8

Immigration law consists of a single, simple, comprehensive federal statute that permits, but discourages, the hiring of illegal immigrants.

Question 9

During collective bargaining sessions, both parties may engage in hard bargaining, but the process must be geared to reaching a compromise.

Question 10

Any group of workers can form a single union, without regard to the similarity of their jobs and the location of their workplaces.

Question 11

Federal labor law protects peaceful strikes and certain types of picketing but, in the interest of marketplace competition, prohibits boycotts.

Question 12

The Immigration Act limits the number of legal immigrants entering the United States.

Question 13

Because U.S. employers face serious penalties if they hire undocumented workers, it is necessary for businesspersons to understand immigration law.

Question 14

Bargaining with management to negotiate working conditions, salaries, and benefits is today considered to be an unfair labor practice under federal law.

Question 15

No employer can limit or otherwise control unionizing activities that take place on company property during working hours.

Question 16

The government does not need a warrant to review an employer's file of I-9 forms as part of a general inspection program that includes random audits.

Question 17

A temporary worker hired through an employment agency does not qualify for protection under the National Labor Relations Act or other federal labor laws.

Question 18

After receiving a petition for a union organizing election, an employer must hold a pre-election hearing to make its arguments against the union.

Question 19

Because collective bargaining over certain subjects is considered mandatory, a party's refusal to bargain over these subjects is an unfair labor practice.

Question 20

To obtain authorization for hiring a foreign worker in place of an American, an employer must show that the foreigner will be paid less than the American.

Question 21

For the purpose of increasing union support, it is not an unfair labor practice for a union to demand that an employer hire excess workers.

Question 22

Because, to a substantial degree, the immigration debate concerns the employment environment, Congress enacted

A) legislation to prohibit employers from hiring illegal immigrants.
B) a myriad of complex rules that employers must follow.
C) laws to regulate labor practices that are considered unfair.
D) statutes to recognize employees' right to join unions.

Question 23

To engage in collective bargaining in good faith is to negotiate with the belief that an agreement is possible.

Question 24

It is an unfair labor practice for an employer to fail to bargain with a union, even if the union loses the support of a majority of those it represents.

Question 25

Once an employer and a union sit down at the conference table to engage in collective bargaining, they are obligated to reach an agreement.

Question 26

Analytic Data Inc. wants to hire Benazir, a noncitizen. A work visa is most likely to be set aside for a noncitizen if

A) the noncitizen is of "ethnic similarity to the employer's workforce."
B) there is a shortage of qualified U.S. workers capable of doing the work.
C) hiring the worker will adversely affect the labor force.
D) the noncitizen is a "person with an extraordinary work ethic."

Question 27

Once a union is elected by employees to serve as their representative, the employer's unilateral change in a term of employment most likely constitutes an unfair labor practice.

Question 28

After a strike, regardless of the outcome, an employer must rehire economic strikers to fill workplace vacancies, but the strikers lose their seniority rights.

Question 29

It is not an unfair labor practice for a union to use its influence to cause an employer to discriminate against workers who refuse to join the union, because an employer could not otherwise be expected to favor pro-union workers.

Question 30

During collective bargaining, an employer cannot use a lockout to prevent employees from working even if the employer believes that a strike is imminent.

Question 31

Berry Farm Inc. employs hundreds of seasonal and permanent workers, both skilled and unskilled, in three states. Under federal immigration law, Berry Farm can hire illegal immigrants

A) if either the employer or the immigrants file special forms.
B) only if the employer files a special form.
C) only if the immigrants file special forms.
D) under no circumstances.

Question 32

With increasing industrialization, workers came to believe that to counter the power and freedom of employers, and to protect themselves, they needed to

A) prohibit employers from hiring illegal immigrants.
B) lobby for a myriad of complex rules that employers must follow.
C) engage in labor practices that are considered unfair under federal law.
D) organize into unions.

Question 33

For a period of one year after certification, it is not an unfair labor practice for an employer to attack, and anti-union employees to repudiate, the union.

Question 34

Because good faith, during collective bargaining, is a matter of subjective intent, a party's actions cannot be used to indicate the party's good or bad faith.

Question 35

The certification of a union as the representative of all of the employees in a bargaining unit, under the National Labor Relations Act (NLRA), indicates that the NLRA embraces a policy of majority rule.

Question 36

Vehicle Assembly Inc. operates a plant near the border between the United States and Mexico. Due to the location, it would be easier for the company to employ noncitizens. In this circumstance, it is legal for a U.S. employer to

A) hire persons not authorized to work in the United States.
B) recruit persons not authorized to work in the United States.
C) refer for a fee persons not authorized to work in the United States.
D) none of the choices.

Question 37

Because a union may picket to coerce unionization, it is not an unfair labor practice for the employer to punish employees who engage in the picketing.

Question 38

Nonunion workers, and non-striking union workers, do not have the right to cross a picket line of fellow workers engaged in a lawful strike.

Question 39

When workers must be laid off for economic reasons, the company can consider union participation as a criterion for deciding whom to fire.

Question 40

Because the certification of a union as a bargaining unit's representative binds all of the employees in the bargaining unit, the union must fairly represent all of members of the unit.

Question 41

To hire a qualified foreign worker for a "specialty occupation," under the Immigration Act, an employer must

A) have highly specialized knowledge and at least a bachelor's degree.
B) agree to pay wages equal to the pay of other similarly qualified workers.
C) not disclose to U.S. workers the intent to hire a foreign worker.
D) attest to replacing an American worker with lower-paid foreign labor.

Question 42

Bakers Union petitions the National Labor Relations Board for an election on organizing a union among the employees of Croissant Company. For an election to be held, the union must show that a union or an election is supported by at least 30 percent of the company's

A) union organizers.
B) employees whose jobs are similar.
C) workforce.
D) stakeholders, including the workers.

Question 43

Good faith in collective bargaining between a union and an employer does not include

A) rejecting a proposal without offering a counterproposal.
B) being willing to compromise.
C) negotiating with the belief that an agreement is possible.
D) bargaining with the authority to enter into an agreement.

Question 44

Federal labor laws governing union-employer relations

A) protect the rights and interests of workers.
B) place some restraints on unions.
C) grant rights to employers.
D) all of the choices.

Question 45

Mica is an employee of Natural Gas Company and a member of a union of company employees. Under federal law, Mica and other union members have the right to

A) bargain collectively with their employer through their representative.
B) insist that their employer require union membership to work.
C) require their employer to contribute financially to their union.
D) none of the choices.

Question 46

Heber, Irma, and Jon apply to work for Kitchen Chicken Inc. in Louisiana. These individuals' eligibility to work must be verified by

A) Kitchen Chicken.
B) the applicants.
C) state officials.
D) federal authorities.

Question 47

Under the Immigration Act, specialty temporary work visas are not available for

A) workers performing agricultural work of a "seasonal nature."
B) persons with "extraordinary ability" in the sciences, arts, or business.
C) a company's managers or executives, or investors or entrepreneurs.
D) foreign workers whose hiring will adversely affect domestic workers.

Question 48

The employees of Beverage Bottling Company designate Cola Cappers Union as their bargaining representative. Beverage refuses to bargain with the union. This most likely violates

A) the National Labor Relations Act.
B) the Fair Labor Standards Act.
C) the Labor-Management Relations Act.
D) no federal law.

Question 49

Interstate Commodities Inc. keeps a file of I-9 verifications forms, which are required by the Immigration Reform and Control Act. To monitor compliance with the act, random audits and enforcement actions are conducted by

A) the local office of the National Labor Relations Board.
B) the governments of interested foreign nations.
C) the government of the state in which the company is based.
D) the federal government.

Question 50

With respect to immigration law, fines and imprisonment, and a bar from government contracts, may be imposed on an employer who

A) engages in a "pattern or practice of violations."
B) claims that no U.S. worker is "qualified and willing" to take a certain job.
C) does not hire enough domestic workers with "specialized skills."
D) hires a noncitizen worker who is "self-authorized."

Question 51

After a union election campaign among the employees of Coding Company, the Data Workers Union does not obtain a majority vote in the election. The National Labor Relations Board may certify the union

A) if the union petitions for the certification within ten days.
B) if the employer issued threats or engaged in other unfair labor practices.
C) if at least 30 percent of the workers voted in favor of the union.
D) under no circumstances.

Question 52

An employer who constantly shifts positions on disputed contract terms during collective bargaining is

A) engaging in bad faith bargaining.
B) practicing good faith bargaining.
C) using legitimate bargaining tactics to avoid a compromise.
D) bargaining with the intent to gain an advantage.

Question 53

An employer can avoid a charge of committing an unfair labor practice in violation of its employees' rights during a union election campaign by

A) creating an impression of surveillance of union activity.
B) refraining from engaging in conduct on which a charge might be based.
C) interrogating individual employees about union activity.
D) promising to remedy employee grievances immediately after the vote.

Question 54

To avoid a charge of violating employees' rights during a union election campaign, an employer's best course is to

A) change the terms or conditions of employment just before the election.
B) engage in transparency and neutrality throughout the campaign.
C) ban solicitation for the union, but for no other cause, in the workplace.
D) discharge pro-union employees before the vote without stating a reason.

Question 55

Ceramic Workers Union represents the workers of Delta Tile LLC. The union fails to hold elections for union officers. This most likely violates

A) the Labor Management Reporting and Disclosure Act.
B) the Fair Labor Standards Act.
C) the Labor-Management Relations Act.
D) no federal law.

Question 56

Federal labor law restricting the power of the federal courts to issue injunctions against unions engaged in peaceful strikes in effect declares a national policy

A) interfering with the rights of workers to engage in concerted activities.
B) discriminating in favor of workforce retention based on union affiliation.
C) opposing employers' domination of labor organizations.
D) permitting employees to organize.

Question 57

Floral Workers Union represents the employees of Garden Variety Inc. The company does not require its new hires to join the union as a prerequisite to obtaining employment. This most likely violates

A) the Labor-Management Relations Act.
B) the Fair Labor Standards Act.
C) the Norris-LaGuardia Act.
D) no federal law.

Question 58

A majority of the workers at Packing & Shipping Inc. sign authorization cards. Union organizers present the cards to the firm and ask for formal recognition of the union. The employer

A) is required to honor the request on a showing of majority support.
B) cannot recognize the union without an election.
C) must petition the National Labor Relations Board to hold an election.
D) may voluntarily recognize the union, but is not required to do so.

Question 59

During tough economic times that are neither sudden nor unexpected, an employer's need to reduce labor costs is

A) suitable for resolution by collective bargaining.
B) sufficiently compelling to justify unilateral action without bargaining.
C) a reasonable basis for layoffs and pay cuts on two-weeks' notice.
D) an opportunity to take a decisive step without union interference.

Question 60

The rules of the National Labor Relations Board expedite union elections by allowing as few as ten days to pass between the filing of a petition and the ensuing election. This short timeline favors

A) no stakeholder, because no one has enough time to consider the issues.
B) unions, because employers have little time to respond to organizers.
C) employers, because unions have little time to prepare a campaign.
D) all stakeholders, because a vote is taken after a brief campaign.

Question 61

Healthy Harvest Company runs a fruit processing and packaging plant. Most of Healthy Harvest's business is done during holiday seasons, especially between Halloween and New Year's Day, and in the spring. The company hires a large temporary workforce during its busiest times. Can Healthy Harvest hire noncitizens for its temporary, seasonal work? If so, what procedures must the employer follow to do this hiring? If not, how can Healthy Harvest be assured that it is hiring only citizens?

Question 62

Pho, an employee of Quality Food Service LLC and a member of Restaurant Workers Union, has a grievance with the company. In this context, it is not an unfair labor practice for the company to

A) bar the union's participation in a grievance proceeding to support Pho.
B) solicit other employees' views on the union and make the views public.
C) refuse to recognize the employee's otherwise protected rights.
D) all of the choices are unfair labor practices.

Question 63

Business Employees Union represents the workers of Capital Markets Inc. Their employment contract requires that new hires begin to pay dues to the union within thirty days of starting their jobs. The union can bargain for an additional provision that requires

A) new workers to join the union within thirty days of being hired.
B) all employees to go out on a strike called by the union.
C) nonunion employees to contribute funds to lobby politicians.
D) none of the choices.

Question 64

Otis, a member of Pipefitters Union, feels that the union is not providing proper representation for its members at Otis's workplace, and starts a campaign to decertify the union. For this effort, it is not an unfair labor practice for the union to

A) expel Otis from membership.
B) fine Otis.
C) discipline Otis.
D) expel, fine, or discipline Otis.

Question 65

During a strike, unionized employees who picket their workplace

A) do not lose their right to be paid.
B) are guaranteed the right to return to work after the strike.
C) can form a barrier and deny nonunion workers access to the workplace.
D) none of the choices.

Question 66

Freight Workers Union represents the employees of Global Shipping Company. To new employees, a union official states, "We have the power here. Join the union, or you may lose your job." Under the National Labor Relations Act, this statement

A) is permitted as long as the new hires are not required to join the union.
B) effectively rebuts a charge of failing to act on behalf of union employees.
C) shows the union recognizes the need to protect employees' rights.
D) constitutes coercion, an unfair labor practice.

Question 67

Field Workers Union represents employees of Grain Farms Corporation. The union and the employer begin to negotiate a new contract in good faith but hold genuine differences of opinion. The employer may use a lockout

A) if the employer believes that the parties have reached a stalemate.
B) with or without economic justification.
C) as a tool to break the union and pressure workers into decertification.
D) any of the choices.

Question 68

Remedies for a corporate employer's interference with its employees' concerted activity are most likely to include

A) the addition of a union representative to the corporate board of directors.
B) dissolution and reorganization of the company.
C) a cease-and-desist order.
D) all of the choices.

Question 69

Bricklayers Union represents workers of Construction Inc. The union and the employer bargain in good faith but hold genuine differences of opinion. The union may call a strike

A) if the union believes that the parties have reached a stalemate.
B) to form a barrier and deny management access to the workplace.
C) as a coercive tactic, against the employer's suppliers or customers.
D) under no circumstances.

Question 70

Rosie is an employee of Social Media Company. At the end of a successful unionization campaign, Tech Workers Union is certified as the employees' bargaining representative. Rosie refuses to join the union. For this refusal, under the National Labor Relations Act, the union can force the company to

A) none of the choices.
B) deny a promotion to Rosie.
C) discriminate against Rosie in prospective conditions of employment.
D) discharge Rosie.

Question 71

Some of the employees of Righteous Apps, Inc., decide that they want to be represented by the Science Workers Union in bargaining with Righteous Apps over overtime pay and the times that the offices open and close. Righteous Apps, and some employees, including Truman, are against the union. Who can demand that a union election be held? If the union is elected, does it have to represent Truman? If the union is elected, does Righteous Apps have to bargain over overtime pay and the times that the offices open and close?

Question 72

Applied Analytics Company encourages its employees to join a union, pays union workers for time spent on union activities, and provides financial aid to the union. Under the National Labor Relations Act, these acts

A) are permitted as long as new hires are not required to join the union.
B) effectively rebut a charge of discrimination against union employees.
C) show the employer recognizes the need to protect employees' rights.
D) may constitute improper domination, an unfair labor practice.