Employment Law
Midterm Exam
Course Introduction
Employment Law explores the legal framework governing the relationship between employers and employees, including the rights and obligations of each party. The course covers key topics such as employment contracts, workplace discrimination, wage and hour laws, health and safety regulations, termination procedures, collective bargaining, and the role of government agencies in enforcing labor standards. Students will analyze landmark cases and statutes, develop an understanding of both employer and employee perspectives, and examine current issues and trends in the field of employment law. This knowledge equips students to recognize, address, and prevent legal disputes in the workplace.
Recommended Textbook
Labor Relations Striking a Balance 5th Edition by
John W. Budd
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13 Chapters
2213 Verified Questions
2213 Flashcards
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Chapter 1: Contemporary Labor Relations: Objectives, Practices, and Challenges
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90 Verified Questions
90 Flashcards
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Sample Questions
Q1) How is the concept of industrial democracy consistent with the traditional values of the United States democratic system?
Answer: The concept of industrial democracy states that, in a democratic society, the democratic principles that form the foundation for society should be applied to the workplace. In the U.S., our democratic principles respect the decision of the majority through a system of voting rights and representation in governance decisions. Thus, our democratic principles suggest that workers should, at a minimum, have some voice in the decisions that happen in the workplace. To fully embrace our democratic principles in the workplace, workers would have the right to vote for representatives who are responsible for bringing the voice of the workers to management decision-making.
Q2) In the United States, employees have broad protections against arbitrary dismissal such that employers must provide a good, business related reason for firing someone.
A)True
B)False
Answer: False
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3
Chapter 2: Labor Unions: Good or Bad
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149 Verified Questions
149 Flashcards
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Sample Questions
Q1) The ___________________________ school of thought argues that market imperfections create problems such as persistent unemployment, low wages and poor working conditions.
Answer: industrial relations
Q2) Explain how each of the four schools of thought would respond to the following question: Are employer and employees equals in the labor market and legal arena? Answer: The mainstream economics school sees employers and employees as equals in a perfectly competitive labor market where employees exercise voice by the choices they make as to where they work and what products they purchase. The human resource management school sees employers and workers as unequal partners in the employment arena, necessitating good management practices that encourage efficiency, equity, and voice. The industrial relations school sees employers as having significantly more power than employees, necessitating laws that protect workers' rights to collective bargaining and unionization. Finally, the critical industrial relations school sees workers as substantially inferior to employers in their bargaining power. Further, employer's greater bargaining power allows them to manipulate the legal and social system to their advantage, creating a permanent working class that is never able to move up in the world.
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Chapter 3: Historical Development
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158 Verified Questions
158 Flashcards
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Sample Questions
Q1) In the earliest years of our country's formation, work was characterized as:
A) Skilled industrial jobs.
B) Craft workers employed by factories and shop owners.
C) Self-employed farmers, shopkeepers and craftsman.
D) Unskilled industrial jobs.
Answer: C
Q2) The ultimate goal of the Knights of Labor was to replace capitalism with producer cooperatives.
A)True
B)False
Answer: True
Q3) Which of the following has not been a tactic used by "alt-labor"?
A) Organizing and gaining recognition of new bargaining units.
B) Filing lawsuits against employers and governmental bodies.
C) One-day strikes and protests.
D) Lobbying government officials.
Answer: A
Q4) The IWW advocated a model of __________________ that emphasized all manners of strikes, passive resistance, and even sabotage.
Answer: direct worker action or syndicalism
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Chapter 4: Labor Law
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187 Verified Questions
187 Flashcards
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Sample Questions
Q1) Which of the following has not been proposed as a motivation for passing right-to-work laws?
A) to improve employment growth and other economic outcomes.
B) to protect individual freedoms by allowing workers to freely choose whether or not to become a union member.
C) to weak the labor movement and political support for conservative policies.
D) to ensure that union workers pay their fair share of the costs of union representation.
Q2) If a union worker does not want her union dues to be spent on political activity, she:
A) Has no choice - the union can spend her dues payment however it wants.
B) May file a claim against the union charging misuse of union funds.
C) May resign her membership in the union or pay only that portion of dues that is used for representation activities .
D) Can refuse to pay dues but remain a member of the union as long as she has paid the initiation fee.
Q3) In 1937, the Supreme Court decision in _______________________ established the constitutionality of the National Labor Relations Act.
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Chapter 5: Labor and Management: Strategies, Structures, and Constraints
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172 Verified Questions
172 Flashcards
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Sample Questions
Q1) In the ____________________ model of representation, a union is like an insurance company, where workers pay dues and are in turn protected against bad times.
A) Unionism
B) Servicing
C) Organizing
D) Business
Q2) A large national trucking company takes great care to remain nonunion by carefully selecting managers who display a participative leadership style, putting in place a nonunion grievance procedure, and paying wages and benefits at the top of the market range. This company is practicing:
A) Union suppression.
B) Authoritarian management.
C) Paternalistic management.
D) Union substitution.
Q3) Companies pursuing a differentiation strategy are likely to embrace the human resource management school of thought.
A)True
B)False
Page 7
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Chapter 6: Union Organizing
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171 Verified Questions
171 Flashcards
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Sample Questions
Q1) When an employer prohibits outside organizations from entering the workplace and interacting with workers, it is called ____________________.
A) A private injunction
B) A no solicitation rule
C) Salting
D) The Monarch Rubber rule
Q2) In union organizing, the trend is toward more control over the organizing process by union leaders and full-time union organizers, with less involvement of the employees themselves.
A)True
B)False
Q3) Once a group of employees elects a union, another representation election cannot be held for another _______________________________ months.
Q4) The NLRB evaluates election conduct using the _______________________________ doctrine, also known as the General Shoe doctrine.
Q5) The legal interpretation of the supervisory exclusions to the NLRA was recently addressed in three cases involving nurses known collectively as the ___________________________ cases.
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Chapter 7: Bargaining
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190 Verified Questions
190 Flashcards
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Sample Questions
Q1) Attitudinal structuring refers only to the intentional, planned actions by parties to manage their relationship.
A)True
B)False
Q2) When exchanging proposals for a new contract, labor always present its demands first.
A)True
B)False
Q3) While management must negotiate the effects on workers of a decision to close a plant, the decision to close the plant itself is not a mandatory bargaining issue.
A)True
B)False
Q4) The bargaining environment is defined as:
A) The diverse set of external influences on labor and management as they bargain a contract
B) The degree of bargaining power the parties have in negotiations
C) The ability of the parties to establish their BATNA's (or MLATNA's)
D) The environmental impact of any final contract terms
Q5) Explain how the process of labor negotiations is similar to a theatrical play.
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Chapter 8: Impasses, Strikes, and Dispute Resolution
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183 Verified Questions
183 Flashcards
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Sample Questions
Q1) A mediator has a high level of control over the outcome of negotiations but not over the way negotiations are conducted.
A)True
B)False
Q2) Which of the following is likely to decrease an employer's bargaining power?
A) A strong economy.
B) A large number of products in inventory.
C) Slowed or idle plants in other parts of the country.
D) A loose labor market.
Q3) Oshkosh Corporation is a large manufacturer of military vehicles used in Afghanistan. If Oshkosh Corporation workers went out on strike and the President believed that this strike presented a significant threat to the nation's safety, he could do all of the following except:
A) Discharge the strikers and replace them with new workers
B) Appoint a board of inquiry to investigate the labor dispute
C) Seek a court-ordered injunction preventing the strike
D) Impose a "cooling off" period to allow the parties time to reach a settlement
Q4) Describe what mediation is and explain the various stages involved in getting the parties to reach a mutually acceptable agreement. (10 minutes)
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Chapter 9: Contract Clauses and Their Administration
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173 Verified Questions
173 Flashcards
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Sample Questions
Q1) The cost of arbitration is usually:
A) Paid for by management.
B) Paid for by the union.
C) Paid for by the employee.
D) Split between the union and management.
Q2) Today, nearly every union contract in the United States contains a grievance procedure to resolve allegations by employees and/or the union that the employer has violated the contract.
A)True
B)False
Q3) The _______________________________ clause in a contract explicitly states the employer's intention to honor their employees' decision to elect a union as their exclusive bargaining agent and representative.
Q4) The rights of workers to pay only that portion of union dues that is used for collective bargaining and contract administration are called "Beck rights."
A)True
B)False
Q5) What does the research reveal about the effects of unions, both positive and negative?
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Chapter 10: Flexibility, Empowerment, and Partnership
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168 Verified Questions
168 Flashcards
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Sample Questions
Q1) A fostering change strategy requires all of the following except:
A) Integrative bargaining over specific terms and conditions of employment
B) Distributive bargaining over specific terms and conditions of employment
C) Attitudinal structuring to improve the labor-management relationship
D) Threats of relocation and plant closure
Q2) One of the most important examples of a well-developed labor-management partnership existing in the U.S. can be found at:
A) Kaiser Permanente
B) Saturn
C) Imperial Oil
D) Toyota
Q3) The constant drive to achieve reduced inefficiencies through lean processes has been called, "management by stress" by critics of the lean production philosophy.
A)True
B)False
Q4) _______________________________ was the union response to scientific management and mass manufacturing production. It seeks to protect workers against managerial abuse by tightly regulating the processes for allocating rewards and job assignments.
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Chapter 11: Globalization and Financialization
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188 Flashcards
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Sample Questions
Q1) Removing trade barriers that were protecting an inefficient industry will likely cause ____________________ in that industry.
A) lawsuits
B) transnational collective bargaining
C) management shifts
D) job losses
Q2) A _______________________________ is a country's unique ability to excel in the production of a particular good (or service) due to its proximity to natural resources or greater expertise.
Q3) A company's European Works Council is granted ______________________ rights which give it access to company information.
Q4) Unlike the free trade arrangements of the WTO and NAFTA, workers in any European Union country can freely cross member nation's borders to work.
A)True
B)False
Q5) What is a European Works Council and what role does it serve?
Q6) Campaigns by unions to show support to workers in other countries are known as ___________________________________________ campaigns.
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Chapter 12: Comparative Labor Relations
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205 Verified Questions
205 Flashcards
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Sample Questions
Q1) Under German law, workers in companies with at least _________employees are allowed to form a works council.
A) Five
B) Fifteen
C) Two
D) Fifty
Q2) Which of the following countries has the lowest union density rate?
A) United Kingdom
B) United States
C) Canada
D) Sweden
Q3) Centralized collective bargaining in Germany is combined with an institutionalized system of employee voice in the workplace known as _______________________________ that entitles employees to participate in decision making.
Q4) France's system of political or _______________________________ unionism relies on political mobilization and political strikes to further each union's broad social agenda rather than on specific workplace collective bargaining.
Q5) Explain how job security protections differ across countries.
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Chapter 13: What Should Labor Relations Do
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169 Flashcards
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Sample Questions
Q1) The United Nations is promoting a _______________________________ with business that asks businesses to voluntarily respect human labor and environmental concerns.
Q2) The Justice for _______________________________ campaigns included public demonstrations, strong ties with immigrant and religious groups, and active participation by union members to win bargaining rights and contracts.
Q3) Social movement unionism generally achieves its goals using structural power alone.
A)True
B)False
Q4) Proponents of NLRA deregulation believe that unions should be subject to the same antitrust regulations as employers.
A)True
B)False
Q5) The United Farm Workers, led by _______________________________, successfully worked with religious groups and community activities to stage nationwide grape and lettuce boycotts.
Q6) The law grants shareholders _______________________________ in exchange for serving the public interest.
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