Question 1

According to the Wagner and Taft-Hartley Acts,a(n)_____ is one whose work is intellectual in character,requiring independent judgment or discretion;whose performance cannot readily be measured in a standardized fashion;and whose skills are learned through prolonged,specialized instruction.

Accepted Answer

The definition given in the question matches the definition of a professional employee as defined by the Wagner and Taft-Hartley Acts.

Question 2

According to the _____,members of unions cannot be expelled unless due process consistent with the Bill of Rights section of the act is followed.

Accepted Answer

The Landrum-Griffin Act, also known as the Labor-Management Reporting and Disclosure Act, provides protections for union members, including the requirement for due process before expulsion from the union. The Byrnes Act pertains to the recruitment and training of spies, the Taft-Hartley Act imposes limitations on labor unions, and the Copeland Anti-Kickback Act prohibits certain labor practices in government contracts.

Question 3

In states that have right-to-work laws in place,_____ are banned.

Accepted Answer

Agency shop clauses, which require employees to pay union dues or a representation fee as a condition of employment, are banned in states with right-to-work laws. Company unions, mediation boards, and representation elections are not necessarily banned by right-to-work laws.

Question 4

According to the Landrum-Griffin Act,a union exercising _____ cannot move assets from the subsidiary or appoint delegates to conventions from it,unless elected by secret ballot of the membership.

Accepted Answer

The Landrum-Griffin Act, also known as the Labor-Management Reporting and Disclosure Act (LMRDA), imposes rules and restrictions on labor unions. One of these restrictions is that a union under trusteeship (meaning the national union has taken over control of a local union) cannot move assets from the subsidiary or appoint delegates to conventions from it, unless elected by secret ballot of the membership. This ensures that the members have a say in their representation and that their assets are not misused or mishandled by the national union. Hot cargo provisions refer to agreements between the union and employer to boycott certain goods or products, yellow-dog contracts are illegal and prohibit employees from joining a union, and the conspiracy doctrine is a legal doctrine related to the formation of agreements between labor unions and employers.

Question 5

The _____ Act was enacted following the largest incidence and the most time lost from work due to strikes of any year in U.S.history.

Accepted Answer

The Taft-Hartley Act was enacted in 1947 in response to the largest incidence and most time lost from work due to strikes of any year in U.S. history. The act imposed new restrictions on labor unions and allowed the government to intervene in strikes that were considered a threat to national health or safety. The Landrum-Griffin Act, passed in 1959, was aimed at regulating the internal affairs of labor unions. The Norris-La Guardia Act, passed in 1932, limited the power of federal courts to issue injunctions in labor disputes. The Railway Labor Act, passed in 1926, provided for the resolution of labor disputes in the railroad industry.

Question 6

What is the Federal Mediation and Conciliation Service directed to emphasize?

Accepted Answer

The Federal Mediation and Conciliation Service (FMCS) is directed to emphasize services in contract negotiations. The FMCS is a government agency that provides mediation, conciliation, and arbitration services to help resolve labor disputes in the United States. Its main focus is to facilitate collective bargaining to establish labor agreements between employers and employees.

Question 7

Unions and corporations are forbidden to make political contributions in any elections involving the choice of _____.

Accepted Answer

Federal officeholders are the only option listed that falls under the regulations of the Federal Election Commission (FEC), which prohibits unions and corporations from making direct political contributions in federal elections. However, they can contribute to political action committees (PACs) and independent expenditure committees (IECs) to support candidates. State and municipal regulations vary, with some allowing unrestricted donations while others have strict limits or outright bans. Private employees are also not involved in elections in a way that would trigger restrictions on political contributions.

Question 8

Except in the construction and apparel industries,employees and unions cannot negotiate contracts providing that particular products of certain employers will not be used.This is the _____ issue.

Accepted Answer

The issue being described is the "hot cargo" issue. This refers to the practice of unions negotiating contracts that prohibit employers from using products made by certain companies or in certain ways that the union disagrees with. This practice is only allowed in the construction and apparel industries, but not in other industries. The other options (union shop agreement, closed shop, yellow-dog) do not accurately describe this issue.

Question 9

The _____ determines what group of employees would constitute an appropriate unit for a representation election and subsequent bargaining.

Accepted Answer

The National Labor Relations Board is responsible for determining the appropriate bargaining unit in representation elections as per the National Labor Relations Act.

Question 10

The _____ regulates pension and benefit programs and requires that employers adequately fund established plans.

Accepted Answer

The Employee Retirement Income Security Act (ERISA) regulates pension and benefit programs, including requiring employers to adequately fund established plans. The Workers' Compensation Act is related to workplace injuries and illnesses, the Federal Unemployment Tax Act deals with unemployment insurance, and the Fair Labor Standards Act governs minimum wage and overtime requirements.

Question 11

Which of the following is an unfair labor practice on the part of a union?

Accepted Answer

It is an unfair labor practice for a union to force an employer to bargain with an uncertified labor organization. The National Labor Relations Act requires unions to be certified before they can engage in collective bargaining with an employer.

Question 12

According to the Wagner and Taft-Hartley Acts,a(n)_____ is an organization,or a manager or supervisor acting on its behalf.

Accepted Answer

The Wagner and Taft-Hartley Acts define an "employer" as an organization, or a manager or supervisor acting on its behalf. Therefore, option C is the correct answer as it specifically refers to the entity that is recognized by these acts. Options A, B, and D are not accurate because they do not fit the definition provided by these acts.

Question 13

Which of the following is true of the Copeland Anti-Kickback Act?

Accepted Answer

The Copeland Anti-Kickback Act prohibits anyone from requiring or coercing employees on a public works construction project to return part of their compensation as a condition of continued employment. Choices A, B, and C describe provisions or effects of other labor laws, such as the Norris-La Guardia Act and the National Labor Relations Act.

Question 14

Under the Wagner and Taft-Harley Acts,unions cannot demand or require that an employer take action against an employee for any reason except _____.

Accepted Answer

Under the Wagner and Taft-Harley Acts, unions are prohibited from requiring employers to take action against employees for any reason except failure to pay union dues. This is known as the "union shop" provision, which mandates that all employees must join the union after a certain period of time or be terminated. The other choices (A, B, and D) are all related to union activities and agreements, but do not pertain to employers taking action against employees.

Question 15

The _____ Act regulates internal activities of employers and unions covered by both Taft-Hartley and the Railway Labor Act.

Accepted Answer

The Landrum-Griffin Act, also known as the Labor-Management Reporting and Disclosure Act (LMRDA), regulates the internal activities of employers and unions covered by both Taft-Hartley and the Railway Labor Act. It requires unions to provide certain financial and organizational information to their members and regulates the conduct of union elections.

Question 16

What led to the enactment of the Landrum-Griffin Act?

Accepted Answer

The Landrum-Griffin Act was enacted following congressional hearings into corrupt practices in labor-management relations, particularly within the Teamsters union. The act aimed to increase transparency and democracy within labor organizations and to protect union members' rights.

Question 17

Which 1936 act makes it illegal to recruit and/or transport individuals across state lines for the purpose of interfering forcefully or threateningly with peaceful picketing or the right to self-organization?

Accepted Answer

The Byrnes Act of 1936 specifically addresses the issue of recruiting or transporting individuals across state lines with the intent to interfere with, among other things, peaceful picketing or the right to self-organization, making such actions illegal.

Question 18

Which act states that the employer must provide 60 days' notice of a plant closing involving 50 or more employees and 30 days' notice for mass layoffs of more than 500 employees or more than one-third of the workforce?

Accepted Answer

The Worker Adjustment and Retraining Notification Act (WARN) requires employers with 100 or more employees to provide 60 days' notice of a plant closing or mass layoff affecting 50 or more employees. For mass layoffs of 500 or more employees, the notice period is reduced to 30 days. The other options listed do not have provisions related to notice requirements for plant closings or mass layoffs.

Question 19

Which of the following is an unfair labor practice on the part of an employer?

Accepted Answer

The answer of Which of the following is an unfair...

Question 20

Which act was passed to deter corruption by requiring the forfeiture of illegal gains?

Accepted Answer

The RICO Act was passed in 1970 and provides for extended penalties and a civil cause of action for acts performed as part of an ongoing criminal organization. Its purpose is to deter corruption by requiring the forfeiture of illegal gains obtained through a pattern of racketeering activity.

Quiz 3: Employment Law and Federal Agencies

According to the Wagner and Taft-Hartley Acts,a(n) _____ is one whose work is intellectual in character,requiring independent judgment or discretion;whose performance cannot readily be measured in a standardized fashion;and whose skills are learned through prolonged,specialized instruction.