Industrial Relations
Exam Solutions
Course Introduction
Industrial Relations explores the dynamic interactions between employers, employees, trade unions, and government agencies within the workplace. This course examines the historical development and theoretical foundations of industrial relations, focusing on negotiation, collective bargaining, conflict resolution, and labor law. Students will analyze the roles and perspectives of key stakeholders, the impact of globalization and technological change on labor markets, and contemporary issues such as workplace diversity and employee rights. Emphasis is placed on developing an understanding of how effective industrial relations can contribute to organizational success and harmonious working environments.
Recommended Textbook
Employment and Labor Law 8th Edition by Patrick
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Page 2
J. Cihon
Chapter
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Q1) If Peter is engaged in illegal activities as part of an organized criminal outfit,the law designed to criminally penalize Peter is the:
A) Employee Retirement Income Security Act (ERISA).
B) Worker Adjustment and Retraining (WARN) Act.
C) Federal Occupational Safety and Health Act (OSHA).
D) Racketeer Influenced and Corrupt Organizations Act (RICO).
Answer: D
Q2) What rights does an employee have under Title VII of the Civil Rights Act if he or she faces illegal discrimination at work place?
Answer: Under Title VII,an employee alleging illegal discrimination has the right to file a complaint with the Equal Employment Opportunity Commission (EEOC),for remedy.
Q3) A litigant's choice of solutions for a perceived wrong can be employed as a(n):
A) choice of cause.
B) writ of certiorari.
C) election of remedies.
D) arbitration.
Answer: C
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Page 3
Chapter 2: Employment Contracts And Wrongful Discharge
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Q1) Brett (defendant) entered into employment contract with Krista (plaintiff).Brett had hired Krista as a staff assistant at a pay rate of $20 per hour.Krista's duties consisted of driving trucks and making deliveries.Although Krista worked for 120 hours in total,she was paid only for part of her services which did not abide by the terms and conditions agreed in the employment contract.Krista has most likely instituted a suit against Brett for:
A) breach of trust.
B) breach of contract.
C) gender discrimination.
D) wrongful discharge.
Answer: B
Q2) What is a tort?
Answer: Tort is a private or civil wrong or injury,caused by one party to another,either intentionally or negligently.
Q3) What is META? Explain the importance of Section 3(a) of META.
Answer: META stands for Model Employment Termination Act and Section 3(a) of META prohibits the employers from terminating the employees from employment without having good reasons.
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4
Chapter 3: Commonly Committed Workplace Torts
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Q1) Defamation through speech is known as:
A) slander.
B) stipulation.
C) speculation.
D) libel.
Answer: A
Q2) The elements of retaliatory demotion are quite the same as:
A) wrongful discharge.
B) intentional infliction of emotional distress.
C) strict liability.
D) willful misconduct.
Answer: A
Q3) Which of the following statements regarding privilege and private employers is accurate?
A) Private employers enjoy absolute privilege.
B) Private employers have qualified privilege.
C) Private employers are protected against suites even if they speak with malice.
D) Private and public employers have sovereign immunity from suites.
Answer: B
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Page 5
Chapter 4: Employee Privacy Rights In The 21st Century
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Q1) Identify the entities covered under HIPPA.
Q2) What tort is committed when the privacy rights of private employees disregarded?
Q3) George,an employee of a private sector organization,was put through a genetic test in accordance with the company policies.The company:
A) can choose to inform him about the test.
B) has to receive a written consent from George.
C) needs to submit a written copy to the court regarding the test. D) cannot request for a genetic test under any circumstance.
Q4) Who are system administrators?
Q5) What does surveillance and eavesdropping mean?
Q6) The Human Resource (HR) department of a company maintains employee personal files.Bradley,an employee of a leather manufacturing company was terminated by his supervisor on the basis of facts that were found in the file.Considering this scenario,who else,apart from the HR department and supervisors,are allowed access to employee personal files?
A) private entities
B) co-workers
C) legal department
D) general public
Page 6
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Chapter 5: The Global Perspective: International
Employment Law And American Immigration Policy
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Q1) In Romero v.Drummond Company,Inc.,the union and several of its leaders and relatives of deceased leaders sued Drummond and its parent company and executives under the Alien Tort Statute and the Torture Victim Protection Act of 1991.The district court consolidated the complaints and later granted:
A) motion to dismiss.
B) subpoena.
C) injunction.
D) partial summary judgment.
Q2) The duty to protect the United States from terrorist attacks,from foreign intelligence operations, and from cyber-based attacks and high-technology crimes lies with the:
A) Federal Bureau of Investigation.
B) U.S.Social Security Administration.
C) U.S.Immigration and Customs Enforcement.
D) U.S.Citizenship and Immigration Services.
Q3) What are the components of Global Unions?
Q4) What does the Alien Tort Claims Act provide?
Q5) What are the necessary documents an employer must show to prove that the employee is a U.S.Citizen or is lawfully authorized to work in the United States?
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Chapter 6: Title Vii Of The Civil Rights Act And Race Discrimination
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Q1) Identify the case that focused on the issue of seniority under Title VII.
A) Lanning v.Southeastern Pennsylvania Transportation Authority
B) United States v.Nixon
C) Connecticut v.Teal
D) International Brotherhood of Teamsters v.United States
Q2) At Your Home,a service provider offers healthcare assistance for elderly or disabled persons at their place of residence.Since most of the clients require total physical care including assistance to get dressed or move around the house,At Your Home screens applicants for employment by using a strength test.The applicants must be able to lift a dummy weighing 175 pounds.The strength test disqualifies most female applicants,as well as a majority of Asian male applicants.To avoid violation of Title VII,At Your Home should use:
A) construct validity.
B) content validity.
C) criterion-related validity.
D) both construct and content validity.
Q3) Can the use of the seniority system for employment decisions be protected under Title VII? Provide an illustration for your answer.
Q4) What were the two amendments added to Title VII in 1991?
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Chapter 7: Gender And Family Issues: Title Vii And Other Legislation
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Q1) What is Bona Fide Occupational Qualification?
Q2) When an employer places additional requirements on employees of a certain gender,but not on employees of the opposite gender,this is known as:
A) leave discrimination.
B) sexual harassment.
C) gender-plus discrimination.
D) equal pay discrimination.
Q3) Harassment where the employee's response to the harassment is considered in granting employment benefits is called:
A) hostile environment harassment.
B) mental harassment.
C) defamation.
D) quid pro quo harassment.
Q4) What is sexual harassment? Explain employer liability for sexual harassment.
Q5) The Equal Pay Act's coverage is similar to that of the:
A) National Labor Relation Act.
B) Pregnancy Discrimination Act.
C) Fair Labor Standards Act.
D) Occupational Safety and Health Act.
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Chapter 8: Discrimination Based On Religion And National
Origin & Procedures Under
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Q1) The court may award "reasonable attorney's fees":
A) with a notice from the chief justice of the Supreme court.
B) at its discretion.
C) upon the order of the federal government.
D) only when the plaintiff's case was not frivolous, unreasonable, vexatious, or meritless.
Q2) Dorothy filed a complaint with the EEOC against her employer alleging sex-based discrimination.The complaint can be filed with the EEOC:
A) within 300 days of occurrence of the act.
B) only if the company is registered with the EEOC.
C) which will be immediately sent to the district court.
D) prior to filing the complaint with a state or local agency.
Q3) Complaints by federal of violations of Title VII may choose to pursue the complaint with the:
A) state court.
B) US Supreme court.
C) federal apex court of the state.
D) EEOC or file suit in federal court.
Q4) Discuss the enforcement of Title VII.
Page 10
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Chapter 9: Discrimination Based on Age
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Q1) When the plaintiff has established a prima facie case of age discrimination,the Age Discrimination in Employment Act (ADEA) provides some specific exemptions,such as:
A) action pursuant to monetary benefits.
B) employers' right to use their discretion in firing or hiring employees.
C) immunity from suits by private individual.
D) actions pursuant to a bona fide seniority system.
Q2) The Age Discrimination in Employment Act (ADEA) allows mandatory retirement under some circumstances,such as with executive employees who are over the age of:
A) 50.
B) 55.
C) 65.
D) 70.
Q3) In Western Air Lines v.Criswell,Western claimed the mandatory retirement age for flight engineers was:
A) a Bona Fide Occupational Qualification.
B) based on customer preference.
C) enforceable by company policy.
D) just prior to his or her 50?? birthday.
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Chapter 10: Discrimination Based On Disability
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Q1) Does the ADA consider drug tests to be medical tests?
Q2) Sam was fired from his employment because he had opposed the management decision to terminate several disabled coworkers from employment.Sam filed a complaint and participated in proceedings under the ADA against the employer.In this case:
A) the company can press charges against Sam since the Americans with Disabilities Act allows companies to take action against employees.
B) Sam is protected under Americans with Disabilities Act, which prohibits retaliation by the employers.
C) Sam cannot participate in the court proceedings since ADA provides a defense to the employers.
D) Sam can no longer be involved in this case since he terminated from employment prior to the proceedings.
Q3) What is the Rehabilitation Act? Explain it provisions.
Q4) What are the defenses available under the ADA?
Q5) How is "disability" defined under the ADA?
Q6) Define "undue hardship".
Q7) What is the American with Disabilities Act?
Q8) Is AIDS a disability under ADA and Rehabilitation Act? Why or why not?
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Chapter 11: Other Eeo And Employment Legislation: Federal And
State Laws
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Q1) Which one of the following legislative protections is mainly designed to protect smokers or tobacco users from employment discrimination as long as their tobacco use is after the working hours?
A) Criminal Record
B) Clean Indoor Air
C) Honesty Testing
D) Off-Duty Conduct
Q2) Employers from discriminating against employees because of their legal off-duty recreational or political activities are prohibited under _____ of the New York State Labor Law.
A) Section 201-a
B) Section 201-d
C) Section 205-d
D) Section 203-b
Q3) Briefly explain the Uniformed Services Employment and Reemployment Rights Act.
Q4) What is the role of federal Employee Polygraph Protection Act of 1988?
Q5) Name a few instances in which the employers conduct criminal record background checks on applicants.
Q6) What reasons allow employers not to reinstate employees after their military service? Page 13
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Page 14
Chapter 12: The Rise Of Organized Labor And Its Regulatory Framework
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Q1) In NLRB v.Meenan Oil Co.,L.P.,the National Labor Relations Board filed petitions for enforcement of its order finding against the defendant regarding violation of:
A) Section 9 (a) (2) of the National Labor Relations Act.
B) Sections 8 (a) (1) and (5) of the National Labor Relations Act.
C) Sections 7 (a) (1) and (5) of the National Labor Relations Act.
D) Section 21 of the National Labor Relations Act.
Q2) Discuss the socialist movement and its political influence.
Q3) In National Labor Relations Board v.Kentucky River Community Care,Inc.the lower court's judgment was:
A) remanded.
B) dismissed.
C) reversed.
D) upheld.
Q4) What is the Noble Order of the Knights of Labor?
Q5) Judicially exempted employees under the NLRA include:
A) expatriates.
B) government employees.
C) migrant employees.
D) confidential employees.
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Chapter 13: The Unionization Process
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Q1) In Comet Electric and Bro-Tech Corp.v.NLRB,the court held that any mass union rallies or employer captive-audience speeches during the _____ period will be grounds to set aside the election result.
A) campaign
B) silent
C) injunction
D) negotiation
Q2) Where a company employs temporary workers supplied by a personnel staffing agency in addition to its own employees,the NLRB will only include the temporary workers in a bargaining unit with the firm's employees if both the employer and the staffing agency agree to the multiemployer bargaining unit,according to:
A) Packard Motor Car v.NLRB.
B) Oakwood Care Center.
C) American Hospital Association v.NLRB.
D) Bro-Tech Corp.v.NLRB.
Q3) What happens if the union loses the election due to employer's illegal actions?
Q4) Explain the second exception under contract bar rule.
Q5) Define voluntary recognition.
Q6) What is the relevance of filing objection after election has been conducted?
Page 16
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Chapter 14: Unfair Labor Practices By Employers And Unions
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Q1) In Electromation,Inc.v.NLRB,the NLRB ultimately found that Electromation violated Sections 8(a) (2) and (1) of the NLRA,through its establishment and administration of:
A) employer's commission.
B) action committees.
C) review committees.
D) employees' union.
Q2) What are the criteria for employer rules limiting soliciting activities?
Q3) According to NLRB v.Johnnie's Poultry Co.and Wisconsin Porcelain Co,an interrogation must include reassurances that participation in the interrogation is _____. A) performance related B) mandatory.
C) fair labor practice
D) voluntary.
Q4) A list of unfair labor practices by both employers and unions is defined in the:
A) Age Discrimination in Employment Act.
B) National Labor Relation Act.
C) National Industrial Recovery Act.
D) Civil Rights Act.
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Chapter 15: Collective Bargaining
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Q1) Section 8(a)(5) requires that the employer bargain with a union that is the representative of its ? employees according to _____.
A) Section 9(a)
B) Section 8(d)
C) Section 8(a)
D) Section 704(a)
Q2) The NLRB requires that the prior conditions be restored and any reduction in wages or benefits be ? paid back,if an employer has:
A) refused to furnish information.
B) illegally made unilateral changes.
C) refused to sign an already agreed-upon contract.
D) violated the duty to bargain in good faith.
Q3) Which of the following is not true of the Truitt requirement to furnish information?
A) It applies to employers with 100 or more employees.
B) It is not a "truth-in-bargaining" requirement.
C) It relates only to claims of financial inability to meet union proposals.
D) It is aimed to help the union validate the employer's claims.
Q4) Define mass layoffs.
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Page 18
Chapter 16: Picketing And Strikes
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Q1) Courts have traditionally held strikes to be:
A) infringement of fundamental rights.
B) unconstitutional.
C) criminal conspiracies.
D) a constitutional right.
Q2) In Local 761,International Union of Electrical Radio & Machineworkers [General Electric] v.NLRB,GE filed a complaint with the NLRB,alleging that the union's picketing at Gate 3-A,used exclusively by the employees of the contractors under _____ of the NLRA.
A) Section 8 (b)(4)(ii)(b)
B) Section 8 (b)(4)(b)
C) Section 7(a)(1)
D) Section 9(c)(1)
Q3) Secondary boycott prohibitions were intended to protect _____ from union pressure.
A) private employers
B) neutral employers
C) the federal government
D) health-care providers
Q4) What are hot cargo clauses?
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Chapter 17: The Enforcement And Administration Of The Collective Agreement
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Q1) In Alexander v.Gardner Denver Co.,the Supreme Court held that an employee who had lost in arbitration under the collective agreement was still able to bring a Title VII suit in court,stating that:
A) an order to arbitrate the grievance should not be denied unless it is denied with a positive assurance.
B) the arbitration clause of a collective agreement must contain a "clear and unmistakable waiver" of the individual employee's rights.
C) employee's rights under the collective agreement were distinct from the employee's statutory rights under Title VII.
D) it is the role of the courts, not that of the arbitrators, to resolve questions of whether a grievance is subject to arbitration.
Q2) Rights arbitration is generally used as the final step in the _____ process.
A) recruitment
B) renewal
C) termination
D) grievance
Q3) Define grievance process.
Q4) What are the advantages of arbitration proceedings?
Page 20
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Chapter 18: The Rights Of Union Members
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Q1) For an employee union,which of the following constitutes a breach of its duty of fair representation?
A) Refusal to arbitrate the employee's grievance
B) Trade-offs made in fashioning contract proposals
C) Negligence in conducting safety inspections
D) Failure to follow hiring hall rules
Q2) In Steele v.Louisville & Nashville R.R.,the petitioner was an African American locomotive fireman and employee of railroad.The Brotherhood,purporting to act as representative of the entire craft of firemen,without informing the African American firemen or giving them opportunity to be heard,served a notice on the Railroad.The notice announced the Brotherhood's desire to amend the existing collective bargaining agreement that exclude all African American firemen from the service.In this case,the court held that non-union members have judicial remedies of:
A) imprisonment.
B) liquidate damages.
C) injunction.
D) arbitration.
Q3) What is meant by exhausting internal remedies?
Q4) Describe the duties of union officers.
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Chapter 19: Public Sector Labor Relations
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Q1) Describe the Federal Labor Relations Authority (FLRA).
Q2) The Lloyd-La Follette Act of 1912 gave _____ the right to join unions.
A) postal workers
B) paramedicals
C) paralegals
D) rail road workers.
Q3) If an impasse is not resolved under mediation of the Federal Mediation and Conciliation Service (FMCA),either parties may request that the _____ consider the dispute.
A) Federal Labor Relations Authority
B) Fair Labor Standards Board
C) National Labor Relations Board
D) Federal Service Impasse Panel
Q4) A union becomes the exclusive representative of an appropriate unit of employees when it has been selected by a majority of votes cast in a representation election under the:
A) National Labor Relations Act.
B) Fair Labor Standards Act.
C) Labor Management Reporting and Disclosure Act.
D) Federal Service Labor-Management Relations Act.
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Chapter 20: Occupational Safety And Health
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Q1) The High-Flier Aircraft Company manufactures small aircrafts in a plant which features a fifty-foot high,arched roof.The company does not provide any safety norm to the employers,who are working on the roof.In an unfortunate incident,an employee fell of the high roof and lost his life.Upon investigation by the OSHA inspector,it was discovered that the employer had violated the standards under the act.This demands the employer to issue a(n):
A) bilateral agreement.
B) compliance agreement.
C) written citation.
D) appeal.
Q2) Which of the following is not an option for a compliance officer in the event of an employer refusing entry for inspection?
A) The compliance officer must terminate the inspection.
B) An indictment warrant issued by a U.S.district judge should be produced.
C) The inspection has to be confined to those areas where no objection has been raised.
D) An ex parte application for an inspection warrant may be obtained.
Q3) When should citation be an issue? Can the employer challenge a citation?
Q4) Can an OSHA inspection officer enter into any premises?
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Page 23
Chapter 21: The employee s safety nets: unemployment
and workers compensation social security and retirement plans
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Q1) The Employee Retirement Income Security Act (ERISA) sets the standards for pension plans on all of the following aspects except:
A) Fiduciary conduct
B) Asset Management
C) Information disclosure
D) Plan taxation
Q2) Explain the concept of litigating unemployment claims.
Q3) Which are the two enactments that predated the National Labor Relations Act and Workers' Compensation laws?
Q4) A worker who applies for social security benefits and is receiving them at age sixty-five is automatically covered under part A of:
A) Medicare benefits.
B) unemployment compensation.
C) workers' compensation.
D) disability benefits.
Q5) What is the purpose of Federal Employment Liability Act (FELA)?
Q6) Explain the three major categories of the Social Security system.
Q7) What are the two types of benefit plans established under the Employee Retirement Page 24
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Page 25
Chapter 22: The fair labor standards act
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Q1) In Salazar v.Butterball,LLC,the plaintiffs were:
A) entitled to pay for the donning and doffing periods.
B) not entitled to pay for the donning and doffing periods.
C) fired for making a workers' compensation complaint.
D) fired for making a safety complaint.
Q2) Can employees file a suit to recover back wages and overtime pay? If so,what are the limitations for FLSA violations?
Q3) Linda is the owner of Los Angeles-based leather manufacturing company.Almost 500 employees were working in that unit.Employees were not paid proper wages and overtime pay for extra time worked beyond their normal working hours.Who is authorized to file suit on behalf of employees seeking to collect wages and overtime?
A) The National Labor Relations Board
B) The Employment Security Commission
C) The Administrative Law Judge
D) The Secretary of Labor
Q4) How is the Fair Labor Standard Act (FLSA) enforced?
Q5) Describe the coverage of the FLSA.
Q6) Explain the term "workweek".
Q7) Discuss the provisions regarding child labor under the Fair Labor Standards Act.
Page 26
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