Deck 42: Employment and Labor Law

Question 1

Which of the following is required by law in the United Kingdom in regard to holidays?

A) That employees be allowed to either be off or be paid double for 1 holiday per year.
B) That employees be allowed to either be off or be paid double for 2 holidays per year.
C) That employees be allowed to either be off or be paid double for 3 holidays per year.
D) That employees be allowed to either be off or be paid double for 4 holidays per year.
E) Employees are not guaranteed any holidays off or any extra pay for working holidays under federal law.

Answer 1

Employees are not guaranteed any holidays off or any extra pay for working holidays under federal law.

Question 2

Which of the following is a federal law regulating the payment of wages and overtime?

A) The Fair Pay Act
B) The Fair Labor Standards Act
C) The Regulatory Wage Act
D) The Subsistence Pay Act
E) The Legal Pay Act

Answer 2

The Fair Labor Standards Act

Question 3

Which of the following is false regarding vacation rights in other countries?

A) Similar to the U.S., employees in Ireland do not have mandated vacation rights.
B) In Luxembourg, regardless of age, employees are given 25 days of holiday, 12 of which they must take in succession, as well as 10 paid public holidays.
C) Swedish law gives employees 5 weeks of vacation time and gives them 10 weeks after five years of employment.
D) Denmark mandates no fewer than five weeks of paid vacation a year.
E) Spain mandates no fewer than 30 days of vacation in addition to the country's 14 paid public ones.

Answer 3

Similar to the U.S., employees in Ireland do not have mandated vacation rights.

Question 4

Under the Consolidated Omnibus Budget Reconciliation Act, an employee has ____ days after coverage would ordinarily terminate to decide whether to maintain it.

A) 10
B) 20
C) 30
D) 60
E) 90

Question 5

Under OSHA employers must prominently display in the workplace either the federal or a state OSHA poster to provide their employees with information on their safety and health rights.

Question 6

All states require the showing of some sort of cause before drug testing of employees.

Question 7

Which of the following was the result in the case of Holmes v. Petrovich Development Co. involving the issue of whether e-mail communications sent between an employee and her attorney on an employer-owned computer were protected by the attorney-client privilege?

A) That the communications were not protected by the attorney-client privilege because it was sent by electronic means regardless of whether or not others had access.
B) That the communications were not protected by the attorney-client privilege because others in the transmittal process had access to the communications.
C) That the communications were not protected by the attorney-client privilege because the plaintiff was aware that the communications violated company policy and were subject to monitoring.
D) That the communications were not protected by the attorney-client privilege because the employer owned the computer used.
E) That the communications were protected by the attorney-client privilege.

Question 8

Leave provided under the Family and Medical Leave Act must be paid leave.

Question 9

Which of the following is required by federal law regarding vacation after an employee has worked for an employer for at least one year?

A) That an employee be given three days of vacation.
B) That an employee be given seven days of vacation.
C) That an employee be given five days of vacation.
D) That an employee be given ten days of vacation.
E) Nothing.

Question 10

The National Labor Relations Board lacks jurisdiction over persons employed by a spouse or parent.

Question 11

What is the federal minimum wage?

A) $5.85
B) $6.00
C) $6.50
D) $7.00
E) $7.25

Question 12

The Fair Labor Standards Act mandates that employees, who are not exempt, who work more than ______ hours in a week be paid no less than one and one half times their regular wage for all the hours beyond ______ that they work during a given week.

A) 30; 35
B) 35; 40
C) 40; 40
D) 45; 45
E) 50; 50

Question 13

The Taft-Hartley Act was passed to further strengthen restrictions on employers regarding unionization.

Question 14

Which of the following is not a category of exempt employees under the Fair Labor Standards Act?

A) Executives
B) Administrative employees
C) Professional employees
D) Outside salespersons
E) Shift workers

Question 15

The National Labor Relations Board is the administrative agency that interprets and enforces the National Labor Relations Act.

Question 16

Which of the following is required by federal law in regard to holidays?

A) That employees be allowed to either be off or be paid double for 1 holiday per year.
B) That employees be allowed to either be off or be paid double for 2 holidays per year.
C) That employees be allowed to either be off or be paid double for 3 holidays per year.
D) That employees be allowed to either be off or be paid double for 4 holidays per year.
E) Employees are not guaranteed any holidays off or any extra pay for working holidays under federal law.

Question 17

The Fair Labor Standards Act covers employers engaged in intrastate commerce or the production of goods for interstate commerce.

Question 18

Workers first achieved the right to organize (join unions) during the 1800s.

Question 19

Workers' compensation laws are primarily federal laws.

Question 20

Most states do not recognize the implied covenant of good faith and fair dealing as an exception to the employment-at-will doctrine.

Question 21

Which of the following is the penalty for an employer who fails to comply with COBRA requirements?

A) The employer may be required to pay up to 10 percent of the annual cost of the group plan or $500,000, whichever is less.
B) The employer may be required to pay up to 20 percent of the annual cost of the group plan or $300,000, whichever is less.
C) The employer may only be required to pay up to 10 percent of the annual cost of the group plan.
D) The employer may only be required to pay up to 20 percent of the annual cost of the group plan.
E) The employer may only be required to pay up to a fee of $50,000.

Question 22

Which of the following was the result on appeal in Delgado v. Phelps Dodge Chino Inc., the case in which the plaintiff sued in tort seeking damages after her husband died from burn injuries he received after allegedly being required to perform a task in a smelting plant that would almost certainly cause serious injury or death?

A) The case was dismissed because the plaintiff's only avenue or recovery was through the state workers' compensation system.
B) The case was dismissed because the plaintiff was unable to prove that the employer actually required the work resulting in the injuries.
C) The case was dismissed because it was determined that the employee's carelessness caused his injuries.
D) The case was allowed to proceed because the employer's acts of willfully causing injury prevented it from relying on the exclusive nature of the workers' compensation system.
E) The case was allowed to proceed only if the plaintiff could establish that the employer had been warned by the Occupational Safety and Health Administration regarding the dangers involved and wrongfully refused to remedy them.

Question 23

Which of the following is true regarding circumstances under which an employer is required to offer an employee the option to continue medical benefits under COBRA?

A) An employee does not have the option to continue medical benefits under COBRA if the employee is fired for gross misconduct, the employer decides to eliminate benefits for all current employees, or the employee quits without notice.
B) The only circumstance under which an employee does not have the option to continue medical benefits under COBRA occurs when the employer decides to eliminate benefits for all current employees.
C) The only circumstance under which an employee does not have the option to continue medical benefits under COBRA occurs when the employee is fired for gross misconduct.
D) The two circumstances under which an employee does not have the option to continue medical benefits under COBRA occur when the employee is fired for gross misconduct and when the employer decides to eliminate benefits for all current employees.
E) An employee does not have the option to continue medical benefits under COBRA if the employee is fired for gross misconduct, the employer decides to eliminate benefits for all current employees, or the employee is fired for cause.

Question 24

Which of the following is false under the Federal Unemployment Tax Act?

A) It was passed in 1935 and created a state system to provide unemployment compensation to qualified employees who lose their jobs.
B) Employers must pay taxes to the states which deposit the money into the federal government's Unemployment Insurance Fund.
C) Each state has an account from which it can access the money in the federal fund.
D) States have different minimum standards for qualifying for unemployment compensation.
E) Most states do require employee contributions.

Question 25

Which of the following is false regarding workers' compensation?

A) Before workers' compensation, an injured employee's only recourse was to sue the employer for negligence.
B) For administrative convenience, most states exclude certain types of businesses and small firms from coverage under workers' compensation laws.
C) Workers retain the option to sue their employers for negligence for work-related injuries.
D) Some states allow businesses with sufficient resources to be self-insured, rather than participating in the state program.
E) Workers' compensation laws ensure that covered workers injured on the job can receive financial compensation through an administrative procedure, rather than having to sue their employer.

Question 26

Which of the following is also known as the Labor-Management Relations Act?

A) The Taft-Hartley Act
B) The National Labor Relations Board
C) The Fair Labor Standards Act
D) The Wagner Act
E) The Landrum-Griffin Act

Question 27

Which of the following enables employees who lose their jobs or have their hours reduced to a level at which they are no longer eligible to receive medical, dental or optical benefits to pay to continue receiving benefits for themselves and their dependents under the employer's policy?

A) The Employee Income Security Act
B) The Consolidated Omnibus Budget Reconciliation Act
C) The Family and Medical Leave Act
D) The Fair Labor Standards Act
E) Workers' compensation laws

Question 28

The Family and Medical Leave Act covers private employers with ______ or more employees.

A) 20
B) 25
C) 50
D) 75
E) 100

Question 29

The Family and Medical Leave Act guarantees all eligible employees up to ______ weeks of leave during any ______-month period.

A) 4; 24
B) 12; 24
C) 12; 12
D) 20; 12
E) 20; 24

Question 30

Which of the following consists of negotiations between an employer and a group of employees so as to determine the conditions of employment?

A) Collective bargaining
B) Mediation
C) Arbitration
D) Collusive dealings
E) Mandatory negotiations

Question 31

In order to obtain leave under the Family and Medical Leave Act, an employee whose need for a leave is foreseeable must advise the employer of that need at least ______ days prior to the anticipated date on which the leave needs to begin or as soon as practicable.

A) 60
B) 50
C) 45
D) 30
E) 10

Question 32

How much must an employee pay in order to continue health benefits under COBRA?

A) One half the policy premiums.
B) All the policy premiums, plus up to a 5 percent administrative fee.
C) Only whatever percentage of policy premiums the employee paid prior to leaving the job.
D) All the premiums, plus up to a 2 percent administration fee.
E) Nothing because the employer must cover all premiums.

Question 33

Which of the following is not an example of an activity protected by the public policy exception to the employment-at-will doctrine?

A) Testifying at hearings for workers' compensation claims.
B) Whistle-blowing.
C) Serving on jury duty.
D) Engaging in charitable activities.
E) Doing military service.

Question 34

Through which of the following does the government primarily regulate workplace safety?

A) The Occupational Safety and Health Act
B) The Fair Labor Standards Act
C) The Wagner Act
D) The Taft-Hartley Act
E) The Workplace Enhancement Act

Question 35

Under ERISA, employers are required to provide to plan participants all of the following except:

A) Plan information (i.e., features and funding).
B) A grievance and appeals process for participants to get benefits from their plans.
C) The right to sue for benefits and breaches of fiduciary duty.
D) A yearly outline of anticipated investments.
E) Assurances that those in charge of managing plan assets have fiduciary responsibility.

Question 36

Which of the following interprets and enforces the National Labor Relations Act?

A) The Federal Union Board
B) The Collective Bargaining Board
C) The National Labor Relations Board
D) The Mandatory Negotiations Board
E) The Federal Labor Oversight Board

Question 37

Which of the following is a federal law that sets minimum standards for most voluntarily established pension and health plans in private industry to provide protection for individuals in these plans?

A) The Employee Retirement Income Security Act
B) The Benefits Protection Act
C) The Family and Medical Leave Act
D) The Fair Labor Standards Act
E) Workers' compensation laws

Question 38

Who is considered an eligible employee under the Family and Medical Leave Act?

A) Those who have worked at least 25 hours a week for each of 12 months prior to the leave.
B) Those who have worked at least 30 hours a week for each of 12 months prior to the leave.
C) Those who have worked at least 35 hours a week for each of 12 months prior to the leave.
D) Those who have worked at least 40 hours a week for each of 12 months prior to the leave.
E) Those who have worked at least 40 hours a week for each of 24 months prior to the leave.

Question 39

Which of the following is false under federal law regarding employer monitoring of employee telephone calls?

A) Employers cannot listen to the private telephone conversations of employees.
B) Employers may be subjected to fines of up to $10,000 for violations.
C) Employers may ban personal calls during working time.
D) To check for compliance, employers may monitor calls so long as they discontinue listening to any conversation once they determine it is personal.
E) Employers must give employees access to a telephone and the ability to make personal phone calls at some point during the work day.

Question 40

Which of the following primarily governs the internal operations of labor unions?

A) The Taft-Hartley Act
B) The National Labor Relations Board
C) The Fair Labor Standards Act
D) The Wagner Act
E) The Landrum-Griffin Act

Question 41

"Uncooperative Employer." Joan requested a 12-week leave for the birth of her child. She had 3 weeks of accrued paid sick leave time and 2 weeks of accrued paid vacation time. Joan's employer, Rose, requested that she take the sick leave time and vacation time prior to any leave time under the Family and Medical Leave Act. Joan did not wish to do so, however, and told her employer that she was entitled under the Family and Medical Leave Act to take leave under the Act first and to save any other time. Another employee, Frank, requested leave time under the Family and Medical Leave Act in order to care for a seriously ill parent. He had no other sick leave or vacation time available and immediately started using leave under the act. Unfortunately, he was unable to return to work for 15 weeks. At that time, Rose told him that he would have to be reassigned to a lower paying position because she had been unable to hold his job for him and had reassigned it to Bob. Frank demanded that Bob be removed and that he be reinstated to his previous job. To the dismay of Rose, Alice also requested leave because she planned to take in a foster child. Rose told Alice to forget it because of all the other employees out on leave, because voluntarily taking in a foster child did not qualify Alice for leave, and also because she typically worked only 30 hours per week.

-Which of the following is true regarding Rose's position that Joan could be required to take paid sick leave and vacation prior to any leave under the Family and Medical Leave Act?

A) Rose is correct.
B) Rose could require that Joan take sick leave time prior to leave under the Family and Medical Leave Act but not that she take vacation time prior to leave under the Family and Medical Leave Act.
C) Rose could require that Joan take vacation time prior to leave under the Family and Medical Leave Act but not that she take sick leave time prior to leave under the Family and Medical Leave Act.
D) Rose could require that Joan take both vacation and sick leave time prior to leave time under the Family and Medical Leave Act only if the company employs under 100 workers.
E) Rose could require that Joan take both vacation and sick leave time prior to leave time under the Family and Medical Leave Act only if Joan had already taken at least one week of vacation in the previous 12 months.

Question 42

"Union Avoidance." Penny owned and operated a large book store with 50 employees. She was aware of union organization attempts. She prohibited any discussion of the union and the distribution of literature at any time, including during employee breaks and lunches in the employee break room. She told employees that she would refuse to grant a raise to any employee who supported the union. Penny was extremely unhappy when the union obtained enough support for an election. At that point, she promised employees that she would give a $1,000 bonus to any employee who voted against the union. Surprisingly to Penny, employees who voted overwhelmingly supported the union. On the other hand, employees who voted failed to constitute all employees of the book store. A number of employees were absent on the day of the election and did not vote. Penny stated that it was her understanding that the union would not be certified as the bargaining representative of the employees because fewer than 50% of the total number of the store employees voted for the union. Penny further stated that, in any event, she would not deal with the union under any circumstances.

-In which of the following ways did the union likely go about establishing sufficient employee support for a union election?

A) Through the use of signed authorization cards.
B) Through the use of petitions signed by employees.
C) Through the use of signed affidavits by union officials stating that a majority of the employees supported the union.
D) Through telephone polls conducted by the National Labor Relations Board indicating that the employees supported the union.
E) Through ballots mailed to the National Labor Relations Board indicating sufficient employee support for a union.

Question 43

Which of the following is true regarding whether an employer must continue the health insurance benefits of an employee on leave under the Family and Medical Leave Act?

A) The employer must continue health insurance benefits.
B) The employer is not required to continue offering health insurance benefits to an employee on leave even if the employee is willing to pay the premiums.
C) The employer must continue making health insurance benefits available, but the employee on leave must pay all the premiums.
D) The employer must continue to pay at least one half of the premiums.
E) The employer must continue health insurance benefits only if the employer has made a profit in the last year.

Question 44

Striking union members of ABC Company decide that picketing ABC Company is not accomplishing the desired results and decide to further their efforts. Sally, the union president suggests that they picket XYZ Company, a supplier to ABC, to pressure XYZ into not doing business with ABC. Which of the following is true regarding Sally's plan?

A) Sally's plan is a good idea, and this type of picketing is frequently and legally engaged in by union members during labor disputes.
B) Sally's plan is a good idea only if the strike has been going on for over 30 days because under the National Labor Relations Act, union members may not picket any company other than the employer for at least 30 days.
C) Sally's plan is a good idea only if the strike has been going on for over 90 days because under the National Labor Relations Act, union members may not picket any company other than the employer for at least 90 days.
D) Sally's plan is legal only if XYZ employees are represented by the same union as ABC employees.
E) Sally's plan is illegal because of the prohibition against secondary boycotts occurring during a labor dispute.

Question 45

Which of the following occurs when unionized employees have a labor dispute with their employer and boycott another employer to force it to cease doing business with their employer?

A) A primary boycott
B) A secondary boycott
C) A signal boycott
D) A management boycott
E) An employee boycott

Question 46

"Uncooperative Employer." Joan requested a 12-week leave for the birth of her child. She had 3 weeks of accrued paid sick leave time and 2 weeks of accrued paid vacation time. Joan's employer, Rose, requested that she take the sick leave time and vacation time prior to any leave time under the Family and Medical Leave Act. Joan did not wish to do so, however, and told her employer that she was entitled under the Family and Medical Leave Act to take leave under the Act first and to save any other time. Another employee, Frank, requested leave time under the Family and Medical Leave Act in order to care for a seriously ill parent. He had no other sick leave or vacation time available and immediately started using leave under the act. Unfortunately, he was unable to return to work for 15 weeks. At that time, Rose told him that he would have to be reassigned to a lower paying position because she had been unable to hold his job for him and had reassigned it to Bob. Frank demanded that Bob be removed and that he be reinstated to his previous job. To the dismay of Rose, Alice also requested leave because she planned to take in a foster child. Rose told Alice to forget it because of all the other employees out on leave, because voluntarily taking in a foster child did not qualify Alice for leave, and also because she typically worked only 30 hours per week.

-Which of the following is true regarding the denial by Rose of Alice's request for leave under the Act?

A) Rose wrongfully denied the leave.
B) Rose was correct on all counts.
C) Rose properly denied the leave request because Alice typically worked 30 hours per week which is considered less than full-time employment.
D) Rose properly denied the leave request because taking in a foster child does not trigger the Act's coverage.
E) Rose properly denied the leave request because of the number of other employees out on leave.

Question 47

"Employee Picketing." Warren owns a unionized business called "Warren's" that manufactures furniture. Employees are unhappy because they believe that during negotiations for a collective bargaining agreement, Warren is improperly refusing to give them a raise. The employees stop working for Warren's business and begin picketing. At first the employees carry signs with slogans such as "Labor Dispute - Warren Won't Pay a Fair Wage," meant to inform the public that a labor dispute has resulted because Warren is cheap. When that, however, fails to change Warren's mind, the employees begin staging pickets to prevent deliveries to Warren and to prevent access to employees who want to work. They carry signs saying "No Access to Warren - Shut Him Down."

-Which of the following is the appropriate term for the work stoppage engaged in by the employees?

A) A strike
B) A lockout
C) A sit down
D) A slow down
E) A walk out

Question 48

"Uncooperative Employer." Joan requested a 12-week leave for the birth of her child. She had 3 weeks of accrued paid sick leave time and 2 weeks of accrued paid vacation time. Joan's employer, Rose, requested that she take the sick leave time and vacation time prior to any leave time under the Family and Medical Leave Act. Joan did not wish to do so, however, and told her employer that she was entitled under the Family and Medical Leave Act to take leave under the Act first and to save any other time. Another employee, Frank, requested leave time under the Family and Medical Leave Act in order to care for a seriously ill parent. He had no other sick leave or vacation time available and immediately started using leave under the act. Unfortunately, he was unable to return to work for 15 weeks. At that time, Rose told him that he would have to be reassigned to a lower paying position because she had been unable to hold his job for him and had reassigned it to Bob. Frank demanded that Bob be removed and that he be reinstated to his previous job. To the dismay of Rose, Alice also requested leave because she planned to take in a foster child. Rose told Alice to forget it because of all the other employees out on leave, because voluntarily taking in a foster child did not qualify Alice for leave, and also because she typically worked only 30 hours per week.

-Which of the following is true regarding Frank's claim that the other employee should be removed so that he can have his position back?

A) Unless the other employee has seniority over him, Frank is entitled to have his job back.
B) Frank is entitled to his job back only if there is another position to which Bob could be assigned in the company.
C) Frank is entitled to his job back because the Family and Medical Leave Act requires that his job be held for him for at least six months.
D) Frank is not entitled to his job back because the Family and Medical Leave Act only requires that an employee be allowed to come back to work, not that the employee be provided the same job at the same rate of pay.
E) Frank is not entitled to his former job under the Family and Medical Leave Act because the Act does not require reinstatement when an employee takes leave under the Act but is off for more than 12 weeks.

Question 49

"Union Avoidance." Penny owned and operated a large book store with 50 employees. She was aware of union organization attempts. She prohibited any discussion of the union and the distribution of literature at any time, including during employee breaks and lunches in the employee break room. She told employees that she would refuse to grant a raise to any employee who supported the union. Penny was extremely unhappy when the union obtained enough support for an election. At that point, she promised employees that she would give a $1,000 bonus to any employee who voted against the union. Surprisingly to Penny, employees who voted overwhelmingly supported the union. On the other hand, employees who voted failed to constitute all employees of the book store. A number of employees were absent on the day of the election and did not vote. Penny stated that it was her understanding that the union would not be certified as the bargaining representative of the employees because fewer than 50% of the total number of the store employees voted for the union. Penny further stated that, in any event, she would not deal with the union under any circumstances.

-Which of the following is true regarding Penny's assertion that the union must obtain favorable votes from a majority of employees before winning an election and becoming certified as the bargaining agent for the employees?

A) Penny is correct because in order to be certified as the bargaining agent, the union must obtain favorable votes from a majority of employees, not a majority of employees who vote.
B) Penny is correct in that the union will not immediately be certified without a favorable vote from a majority of employees, but a second election will automatically be held at which all employees will be required to vote.
C) Penny is correct only because her company had 50 or fewer employees. Otherwise, the union would have been certified as the bargaining agent for the employees.
D) Penny is incorrect because her company had over 25 employees, and the union will be certified as the bargaining agent for the employees.
E) Penny is incorrect.

Question 50

"Union Avoidance." Penny owned and operated a large book store with 50 employees. She was aware of union organization attempts. She prohibited any discussion of the union and the distribution of literature at any time, including during employee breaks and lunches in the employee break room. She told employees that she would refuse to grant a raise to any employee who supported the union. Penny was extremely unhappy when the union obtained enough support for an election. At that point, she promised employees that she would give a $1,000 bonus to any employee who voted against the union. Surprisingly to Penny, employees who voted overwhelmingly supported the union. On the other hand, employees who voted failed to constitute all employees of the book store. A number of employees were absent on the day of the election and did not vote. Penny stated that it was her understanding that the union would not be certified as the bargaining representative of the employees because fewer than 50% of the total number of the store employees voted for the union. Penny further stated that, in any event, she would not deal with the union under any circumstances.

-Which of the following is true regarding Penny's statement that if employees would refuse to elect the union, she would give each employee a $1,000 bonus, but that she would grant no raises to union supporters?

A) She could legally promise benefits to employees if they did not elect the union, but she could not threaten reprisals against employees who supported the union.
B) She could legally threaten reprisals against employees who supported the union, but she could not legally promise benefits to employees who did not support the union.
C) She could not legally threaten employees who supported the union nor grant benefits to employees who opposed the union.
D) She could legally threaten employees who supported the union and she could legally grant benefits to employees who opposed the union.
E) Only so long as the amount at issue was no more than $1,000 per employee could she legally grant benefits to employees who opposed the union, but she could not legally retaliate against any employee for support of the union.

Question 51

Which of the following is a boycott against an employer with whom the union is directly engaged in a labor dispute?

A) A primary boycott
B) A secondary boycott
C) A signal boycott
D) A management boycott
E) An employee boycott

Question 52

Which of the following is true regarding protection provided by labor law to the picketing by the employees?

A) Both picketing designed to inform the public and picketing designed to prevent services and deliveries to the employer are protected by federal labor law.
B) None of the picketing involved was protected by federal labor law.
C) Picketing designed to inform the public was protected by federal labor law, but picketing that prevented the delivery of service and deliveries was not protected.
D) It is unclear whether the picketing was protected by federal law because protection depends on whether Warren employs over 50 employees.
E) It is unclear whether the picketing was protected by federal law because protection depends on whether Warren himself had violated labor laws.

Question 53

"Union Avoidance." Penny owned and operated a large book store with 50 employees. She was aware of union organization attempts. She prohibited any discussion of the union and the distribution of literature at any time, including during employee breaks and lunches in the employee break room. She told employees that she would refuse to grant a raise to any employee who supported the union. Penny was extremely unhappy when the union obtained enough support for an election. At that point, she promised employees that she would give a $1,000 bonus to any employee who voted against the union. Surprisingly to Penny, employees who voted overwhelmingly supported the union. On the other hand, employees who voted failed to constitute all employees of the book store. A number of employees were absent on the day of the election and did not vote. Penny stated that it was her understanding that the union would not be certified as the bargaining representative of the employees because fewer than 50% of the total number of the store employees voted for the union. Penny further stated that, in any event, she would not deal with the union under any circumstances.

-Which of the following is true regarding whether Penny's prohibition of discussion regarding the union and the distribution of literature in support of the union was objectionable under federal labor law?

A) Penny could legally prohibit all discussion regarding the union as well as all distribution of literature in support of the union anywhere on her business premises.
B) Penny could legally prevent all distribution of union literature anywhere and anytime on her business premises, but she could not prevent any discussion regarding the union.
C) Penny could legally prohibit all discussion regarding the union anywhere and anytime on her business premises, but she could not prevent any distribution of union literature.
D) Penny could likely legally prohibit discussion regarding the union and the distribution of literature during work time, but not during nonwork time such as lunch periods in the employee break room.
E) Penny could not legally prohibit any discussion of the union or any distribution of literature on her business premises.

Question 54

Picketing designed to truthfully inform the public of a labor dispute between an employer and the employees is called ______ picketing and is protected by law. However, ______ picketing, which prevents deliveries or services to the employer, is unprotected behavior.

A) Truthful; boycott
B) Informational; signal
C) Acknowledged; block
D) Recognized; coercive
E) Economic; intrusive

Question 55

Which of the following does the National Labor Relations Board have jurisdiction over?

A) Employees covered by the Railway Labor Act
B) Independent Contractors
C) Agricultural workers
D) Supervisors
E) Health care workers

Question 56

"Employee Picketing." Warren owns a unionized business called "Warren's" that manufactures furniture. Employees are unhappy because they believe that during negotiations for a collective bargaining agreement, Warren is improperly refusing to give them a raise. The employees stop working for Warren's business and begin picketing. At first the employees carry signs with slogans such as "Labor Dispute - Warren Won't Pay a Fair Wage," meant to inform the public that a labor dispute has resulted because Warren is cheap. When that, however, fails to change Warren's mind, the employees begin staging pickets to prevent deliveries to Warren and to prevent access to employees who want to work. They carry signs saying "No Access to Warren - Shut Him Down."

-In which of the following were the employees engaged when they carried picket signs informing the public that Warren refused a raise?

A) Informational picketing
B) Signal picketing
C) Boycott picketing
D) Strike picketing
E) Documentary picketing

Question 57

Which of the following is not a reason for which leave may be requested under the Family and Medical Leave Act?

A) The care of a seriously ill parent.
B) The birth of a child.
C) The adoption of a child.
D) The need for fertility treatments in order to conceive.
E) The placement of a foster child in the employee's care.

Question 58

"Employee Picketing." Warren owns a unionized business called "Warren's" that manufactures furniture. Employees are unhappy because they believe that during negotiations for a collective bargaining agreement, Warren is improperly refusing to give them a raise. The employees stop working for Warren's business and begin picketing. At first the employees carry signs with slogans such as "Labor Dispute - Warren Won't Pay a Fair Wage," meant to inform the public that a labor dispute has resulted because Warren is cheap. When that, however, fails to change Warren's mind, the employees begin staging pickets to prevent deliveries to Warren and to prevent access to employees who want to work. They carry signs saying "No Access to Warren - Shut Him Down."

-In which of the following were employees engaged when they attempted through picketing to prevent employees from entering the premises and to stop deliveries to Warren?

A) Informational picketing
B) Signal picketing
C) Boycott picketing
D) Strike picketing
E) Documentary picketing

Question 59

"Union Avoidance." Penny owned and operated a large book store with 50 employees. She was aware of union organization attempts. She prohibited any discussion of the union and the distribution of literature at any time, including during employee breaks and lunches in the employee break room. She told employees that she would refuse to grant a raise to any employee who supported the union. Penny was extremely unhappy when the union obtained enough support for an election. At that point, she promised employees that she would give a $1,000 bonus to any employee who voted against the union. Surprisingly to Penny, employees who voted overwhelmingly supported the union. On the other hand, employees who voted failed to constitute all employees of the book store. A number of employees were absent on the day of the election and did not vote. Penny stated that it was her understanding that the union would not be certified as the bargaining representative of the employees because fewer than 50% of the total number of the store employees voted for the union. Penny further stated that, in any event, she would not deal with the union under any circumstances.

-Assuming that the union is certified as the bargaining representative of the employees, which of the following is true regarding Penny's statement that she would not deal with the union under any circumstances?

A) Nothing in the law requires that she meet or bargain with the union.
B) She is required to meet with the union, but only once.
C) She is required to meet with the union, but only twice.
D) She is required to meet with the union at reasonable times and confer in good faith, but nothing in the law can require her to agree to any benefits.
E) She is required to meet with the union at reasonable times and confer in good faith, and is required by law to agree to demands for reasonable benefits made by the union.

Question 60

When will a union be certified as the bargaining representative of employees?

A) If the union receives a majority of the votes in the union election.
B) If the union receives two-thirds of the votes in the union election.
C) If a majority of the employees sign authorization cards and at least one-third of the employees actually vote in favor of the union.
D) If two-thirds of the total employees in the company vote for the union.
E) If one-third of the total employees in the company vote for the union.

Question 61

Set forth what the Drug-Free Workplace Act requires and limitations the U.S. Constitution places on private employers as far as drug testing is concerned.

Question 62

Bill, the president of Brute Force, a company that provides security services, was very concerned about attempts at unionization. The union obtained a majority of authorization cards. At that point, Bill told all employees that they would be fired on the spot if they supported the union. His friend Susie had told him that was the only way in which to proceed and that he should "nip union organization in the bud." The union lost the election and complained of Bill's practices to the NLRB. What, if anything, can the NLRB do once the union has lost the election?

Question 63

What is meant by the term employment-at-will? Discuss whether you ethically believe employment-at-will should be retained in the U.S. or whether employees should be required to exhibit fairness whenever a decision is made to fire an employee.

Question 64

Set forth the circumstances under which leave is available under the Family and Medical Leave Act.

Question 65

Before workers' compensation laws, what was an injured employee's only avenue of recovery against an employer? Discuss whether you believe that ethically workers' compensation should be retained or repealed.