Question 1

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

Accepted Answer

Employers must agree to pay wages that are equal to or greater than the prevailing wage for the position to ensure that hiring foreign workers does not adversely affect the wages and working conditions of U.S. workers.

Question 2

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

Accepted Answer

The answer of Bakers Union petitions the National Labor Relations...

Question 3

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

Accepted Answer

Good faith in collective bargaining requires both parties to engage in meaningful dialogue, including the exchange of proposals and counterproposals. Simply rejecting a proposal without offering a counterproposal does not demonstrate a willingness to negotiate and reach a compromise, which is contrary to the principles of good faith bargaining.

Question 4

Federal labor laws governing union-employer relations

Accepted Answer

Federal labor laws governing union-employer relations protect the rights and interests of workers, but also place some restraints on unions and grant rights to employers. Therefore, all of the choices are correct.

Question 5

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

Accepted Answer

Under federal law, employees who are members of a union have the right to bargain collectively with their employer through their representative. This means that the union can negotiate with the employer regarding terms and conditions of employment, such as wages, benefits, and working conditions, on behalf of all union members. The other choices are not necessarily guaranteed rights under federal law.

Question 6

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

Accepted Answer

The answer of Heber, Irma, and Jon apply to work...

Question 7

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

Accepted Answer

Specialty temporary work visas are not available for foreign workers whose hiring will adversely affect domestic workers, as these visas are intended to fill gaps in the labor market without negatively impacting domestic employment.

Question 8

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

Accepted Answer

The National Labor Relations Act (NLRA) protects the rights of employees to organize and to bargain collectively with their employers. Refusing to bargain with a duly designated union representative is a violation of the NLRA.

Question 9

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

Accepted Answer

The Immigration Reform and Control Act is a federal law, so enforcement actions would be conducted by the federal government.

Question 10

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

Accepted Answer

The correct answer is A because under immigration law, an employer can face fines and imprisonment if they engage in a "pattern or practice of violations." This refers to a situation where an employer consistently violates immigration law or engages in discriminatory practices against workers based on their national origin or citizenship status. The penalties for such violations can include fines, imprisonment, and a bar from government contracts.```

Question 11

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

Accepted Answer

The National Labor Relations Board may certify the union if the employer issued threats or engaged in other unfair labor practices, even if the union did not obtain a majority vote in the election.

Question 12

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

Accepted Answer

Constantly shifting positions on disputed contract terms during collective bargaining is an indication of bad faith bargaining. This practice goes against the principle of good faith bargaining, which requires parties to be honest, open, and sincere in their negotiations. Shifting positions constantly can create confusion, delay progress, and erode trust between the parties. It can also be seen as an attempt to delay or frustrate the bargaining process, which is not in line with the objective of negotiating in good faith.

Question 13

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

Accepted Answer

The best way for an employer to avoid committing an unfair labor practice during a union election campaign is by refraining from engaging in conduct on which a charge might be based. This includes not threatening or intimidating employees for supporting a union, not promising benefits or rewards for not supporting a union, and not interrogating individual employees about their union activity. Creating an impression of surveillance of union activity or promising to remedy employee grievances immediately after the vote could both be interpreted as attempts to influence the election in favor of the employer and could lead to charges of unfair labor practices.

Question 14

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

Accepted Answer

The best course for an employer to avoid violating employees' rights during a union election campaign is to engage in transparency and neutrality throughout the campaign. This means refraining from interfering with the employees' right to form or join a union, avoiding any acts of coercion, and ensuring that employees are free to make their own choice without fear of retaliation or discrimination. Changing the terms or conditions of employment, banning solicitation for the union, or discharging pro-union employees before the vote without stating a reason are all considered unfair labor practices and can result in charges against the employer.

Question 15

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

Accepted Answer

The Labor Management Reporting and Disclosure Act (LMRDA) of 1959, also known as the Landrum-Griffin Act, specifically addresses the issue of union democracy, including the requirement for regular elections of union officers. Failure to hold such elections would likely be a violation of this act.

Question 16

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

Accepted Answer

Federal labor law restricting the power of the federal courts to issue injunctions against unions engaged in peaceful strikes declares a national policy of permitting employees to organize and engage in concerted activities. This is in line with the National Labor Relations Act, which protects the right of employees to form and join unions, engage in collective bargaining, and engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.

Question 17

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

Accepted Answer

There is no federal law that requires new hires to join a union as a condition of employment. This is known as a right-to-work state. Therefore, Garden Variety Inc. is not violating any federal law by not requiring union membership for new hires.

Question 18

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

Accepted Answer

The employer may voluntarily recognize the union, but is not legally required to do so. While a showing of majority support through authorization cards may indicate that the majority of workers want to be represented by the union, the employer still has the option to either voluntarily recognize or request an election through the National Labor Relations Board.

Question 19

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

Accepted Answer

During tough economic times, an employer's need to reduce labor costs is suitable for resolution by collective bargaining. Collective bargaining involves negotiating with a union to reach an agreement on changes to wages, benefits, and working conditions. This allows for the interests of both parties to be considered and for a mutually acceptable solution to be reached. Unilaterally taking action without bargaining can lead to labor disputes and legal challenges. Layoffs and pay cuts on two weeks' notice may not be reasonable or fair, and may violate employment contracts or collective bargaining agreements. Taking decisive action without union interference may also be viewed as an attempt to undermine the collective bargaining process. Therefore, collective bargaining is the best approach.

Question 20

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

Accepted Answer

The short timeline between the filing of a petition and the election favors unions because employers have little time to respond to organizers. This gives unions an advantage in the election process.

Quiz 22: Immigration and Labor Law