Course Introduction
Industrial Relations
Final Exam Questions
Industrial Relations explores the dynamic relationship between employers, employees, and the institutions that regulate workplace interactions. This course examines the historical development of industrial relations, collective bargaining, labor unions, workplace conflict, negotiation strategies, and the role of government and legal frameworks in shaping employment standards. Through case studies and practical examples, students gain an understanding of current trends, dispute resolution approaches, and the impact of globalization and technological change on labor-management relations. The course prepares students to analyze and address key challenges in maintaining effective industrial relations in diverse organizational settings.
Recommended Textbook Employment and Labor Law 7th Edition by
Patrick J. Cihon
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Page 2
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Q1) Briefly describe the Taft-Hartley Act.
Answer: The Taft-Hartley Act is a federal statute which enacted unfair labor practices for which unions might be charged and punished, such as coercing workers to join against their will.
Q2) Explain the consequences of the New Deal that was created subsequent to the Great Depression.
Answer: The Great Depression and the subsequent New Deal of President Franklin D. Roosevelt resulted in the enactment of the major federal employment and labor laws. These statutes include:
-The Social Security Act (1935)
-The National Labor Relations Act (1935)
-The Walsh-Healy Act (1936)
-The Merchant Marine (Jones) Act (1936)
-The Fair Labor Standards Act (1938)
These laws continue to govern the fundamental features of the employment relationship and unionization even today
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3
Chapter 2: Employment Contracts and Wrongful Discharge
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Q1) Kelly was an employee of a retail outlet. Although the nature of the work and duties performed by both male and female workers were comparable, the remuneration paid to male workers was significantly higher compared to the female employees. When Kelly brought this to the attention of the management and objected to the difference in pay, her services were terminated without good cause. Under which law can she challenge her termination?
A) Sarbanes-Oxley Act
B) National Labor Relation Board
C) Occupational Safety and Health Act
D) Model Employment Termination Act
Answer: D
Q2) What are the protections for corporate whistleblowers under law?
Answer: Sarbanes-Oxley Act provides the protection for the corporate whistleblowers. SOX protects the employees who report for improper misconduct by corporate officials pertaining to fraud and corruption. Apart from SOX, OSHA and Title VII also protects employees who blow the whistle on illegal practices or who cooperate in investigations and testify at hearings from employer retaliation, such as employment termination.
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Page 4
Chapter 3: Commonly Committed Workplace Torts
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Q1) How is a third party responsible for tortious interference with contract?
Answer: A third party must interfere for an improper reason, such as animosity toward the plaintiff, and not for a valid business reason, in order to be held responsible for this tort.
Q2) Robert, a mid-level manager at Revive Corp., was falsely accused of sexual harassment. In the course of its investigation, the company questioned numerous co-workers about Robert, searched his office and computer files without his permission, and interviewed his neighbors. Although the investigation produced no evidence of Robert's guilt, he was fired since the company's president felt that the accusation was a poor reflection on the organization. If Robert sues Revive, his complaint will likely contain counts of:
A) racial discrimination.
B) wrongful discharge.
C) tortious interference with contract.
D) felony.
Answer: B
Q3) How does the court recognize qualified privilege?
Answer: The law generally recognizes a qualified privilege where one person communicates with another who has a legitimate need to know the information.
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Page 5
Chapter 4: Employee Privacy Rights in the 21st Century
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Q1) Employers who are under the HIPAA umbrella are subject to the regulations of the Act and must certify in writing that they will comply with:
A) selected HIPAA regulations.
B) all HIPAA regulations.
C) amended HIPAA regulations.
D) HIPAA non disclosure policies.
Q2) Discuss why genetic testing is one of the most pressing ethical dilemma employers are facing today.
Q3) In which year was the federal Health Insurance Portability and Accountability Act (HIPAA) enacted?
A) 1889
B) 1899
C) 1998
D) 1999
Q4) The term "surveillance" is used to describe all of the following except:
A) postal interception.
B) observation with binoculars.
C) eavesdropping.
D) direct observation.
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Chapter 5: The Global Perspective: International
Employment Law and American Immigration Policy
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Q1) A judicial authority in one contracting state may request its counterpart in another contracting state to facilitate such discovery activities as the taking of depositions or sworn statements in support of litigation, including labor and employment litigation. This is a convention on the:
A) service of judicial and extrajudicial documents in civil or commercial matters.
B) recognition and enforcement of Foreign Arbitral Awards.
C) civil aspects of international child abduction.
D) taking of evidence abroad in civil or commercial matters.
Q2) 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?
Q3) In Mohamad v. Palestinian Authority, the main issue was:
A) did the human rights laws at issue apply to U.S. citizens?
B) did the human rights laws at issue apply to someone other than a natural person?
C) was the Legal Arizona Workers Act too broad?
D) none of the above.
Q4) What are the components of Global Unions?
Q5) What is the Union Network International (UNI)?
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Chapter 6: Title VII of the Civil Rights Act and Race Discrimination
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Q1) A teacher who is required to possess the attribute of "patience," or an executive who is required to possess qualities of "leadership" are being measured based on:
A) content validity.
B) criterion-related validity.
C) construct validity.
D) validity logic.
Q2) 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
Q3) Title VII of the Civil Rights Act of 1964 took effect in which year?
A) 1964
B) 1963
C) 1966
D) 1965
Q4) Who does Title VII of the Civil Rights Act of 1991 cover?
Q5) The equal employment opportunity legislation prohibits discrimination based on what criteria?
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Chapter 7: Gender and Family Issues: Title VII and Other Legislation
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Q1) The provision that men and women performing substantially equal work should be paid equally is part of the:
A) the Equal Pay Act.
B) the Family and Medical Leave Act.
C) the Pregnancy Discrimination Act.
D) "Gender-Plus" Discrimination.
Q2) When should an employee give notice for leave under FMLA?
Q3) Explain the coverage of the Equal Pay Act.
Q4) Samantha worked as an ocean lifeguard for the Marine Safety Section of the Parks and Recreation Department. Her immediate supervisor was Bruce. Bruce repeatedly touched Samantha without invitation and passed sexual comments on her. In this case, Samantha has a legal remedy in the form of:
A) injunction.
B) imprisonment.
C) liquidated damages.
D) specific performance.
Q5) What is sexual harassment? Explain employer liability for sexual harassment.
Page 9
Q6) What is the provision relating to pregnant women working in hazardous condition?
Q7) Explain the leave provision under FMLA.
Q8) Define the Bennett Amendment.
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Page 10
Chapter 8: Discrimination Based on Religion and National
Origin Procedures Under Title VII
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Q1) In McDonnell Douglas Corp. v. Green, the respondent (Green) filed a formal complaint with the Equal Employment Opportunity Commission, claiming that the petitioner had refused to rehire him because of his race, and persistent involvement in the civil rights movement which were in violation of Sections 703(a)(1) and 704 (a). How would Green claim a case of discrimination?
A) By clause of arbitration
B) By establishing a prima-facie case
C) By establishing suo-moto case
D) By collective bargaining
Q2) The Office of Compliance initially attempts to resolve the complaint through: A) litigation.
B) arbitration.
C) counseling and mediation.
D) specific performance of contract.
Q3) Discuss the Equal Employment opportunity commission (EEOC) guidelines that are considered in determining what amounts to reasonable accommodation and whether it results in undue hardship.
Q4) Why should employers avoid arbitrary employment criteria, such as height or weight for applicants?
Page 11
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Chapter 9: Discrimination Based on Age
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Q1) In O'Connor v. Consolidated Coin Caterers Corp., the court of appeal said that the plaintiff was not able to form a prima facie case of alleged violation because the Age Discrimination in Employment Act (ADEA):
A) applies to employees of age 40 and above.
B) does not provide for disparate impact cases against older officers.
C)did not require the employer to demonstrate any intention to discriminate.
D) focuses on the effects of the action on the employee rather than the motivation for the action of the employer
Q2) What is meant by "reasonable factors other than age"? Give an example of how this might help employers?
Q3) Examples of violations of the Age Discrimination in Employment Act (ADEA) do not include:
A) mandatory retirement of workers over age of 55.
B) denial of promotion of a worker age of 50.
C) denial of promotion of a worker age of 55.
D) transfer of a worker age of 30 and under.
Q4) What are the provisions of the Age Discrimination in Employment Act?
Q5) Who are covered under Age Discrimination in Employment Act?
Q6) When is arbitration for ADEA claims enforced?
Page 12
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Chapter 10: Discrimination Based on Disability
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Q1) The constitutional challenges to public sector drug testing are based on the _______________, which forbids unreasonable searches or seizures by the government.
A) Third amendment
B) Fourth amendment
C) Equal Protection Act
D) Sixth amendment
Q2) In Smith v. Blue Cross/Blue Shield of Kansas, Inc., an accommodation that would eliminate an essential function of the employee's job is not reasonable, and an employer is not required to wait indefinitely for:
A) an employee to return to work.
B) the government to take action.
C) insurance to be paid.
D) an employee to take medical test.
Q3) Define "undue hardship".
Q4) What is the consequence for failure to make reasonable accommodation?
Q5) Explain the provisions of the ADA.
Q6) Is AIDS a disability under ADA and Rehabilitation Act? Why or why not?
Q7) What does Section 501 of the Rehabilitation Act deal with?
Q8) How do state laws handle discrimination with respect to disabilities?
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Chapter 11: Other Eeo and Employment Legislation: Federal and State Laws
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Q1) An employee who attempts to report employer wrongdoing or actions threatening public health or safety to government authorities is called:
A) union member.
B) negotiator.
C) whistle blower.
D) arbitrator.
Q2) Which of the following Sections prohibits two or more persons from conspiring to deprive a person or class of persons "of the equal protection of the laws, or of equal privileges and immunities under the law?"
A) Section 1981 (a) of the EEOC
B) Section 1981 (b) of the Age Discrimination Act
C) Section 1985 (c) of the Civil Rights Act
D) Section 1991 of the Gender Discrimination Act
Q3) The EPPA requires that any polygraph test must be administered by a(n):
A) independent contractor.
B) validly licensed examiner.
C) labor inspector.
D) arbitrator.
Q4) What is the role of Uniformed Services Employment and Reemployment Rights Act?
Page 14
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Chapter 12: The Rise of Organized Labor and Its Regulatory Framework
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Q1) Define the term "supervisor" in accordance with Section 2(11) of the NLRA.
Q2) Judicially exempted employees under the NLRA include:
A) expatriates.
B) government employees.
C) migrant employees.
D) confidential employees.
Q3) The purpose and effect of the Taft-Hartley Act were to balance the rights and duties of:
A) different unions coming together.
B) employee and employers.
C) both unions and employers.
D) non-unionized employees.
Q4) The American Federation of Labor (AFL) adopted a pattern of union organization based on the British trade union system which provided the members with:
A) workers' compensation.
B) children educational benefit plan.
C) sick and death benefits.
D) housing loans.
Q5) Discuss the Congress of Industrial Organizations.
Q6) Discuss the socialist movement and its political influence. Page 15
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Chapter 13: The Unionization Process
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Q1) The _____ added some protection for minority factions within the bargaining units.
A) Employee Free Choice Act
B) Taft-Hartley Act
C) National Labor Relation Act
D) Clayton Act
Q2) Explain the second exception under contract bar rule.
Q3) 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.
Q4) What is the significance of Section 9 (e) (1) of the NLRA pertaining to election?
Q5) When should an employer file the election eligibility list in the regional office?
Q6) What is the consequence of filing a decertification petition by an employer?
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Page 17
Chapter 14: Unfair Labor Practices by Employers and Unions
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Q1) An employer violates Section 8(a)(2) when he/she creates a union that allows:
A) employees to collectively bargain.
B) management to retain complete control.
C) employees to retain control.
D) the National Labor Relations Board to retain complete control.
Q2) What is the exception regarding the encouragement of unions?
Q3) What are antiunion remarks?
Q4) Section 8(b) (2) is violated when unions force employers to:
A) discriminate employees because of his internal union activities.
B) form in-house unions.
C) form collective bargaining units.
D) allow them to engage in Whipsaw Strikes.
Q5) In NLRB v. City Disposal Systems, the Court of Appeals concluded that the Brown's refusal was not a(n) _____ according to Section 7 of the NLRA.
A) concerted activity
B) protected activity
C) unfair labor practice
D) unlawful activity
Q6) What are the criteria for employer rules limiting soliciting activities?
Q7) What are the remedies for violation of Section 8(a) (2) of NLRA?
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Chapter 15: Collective Bargaining
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Q1) The duty to bargain in good faith under Section 8(d) includes the obligation to _____, if requested by ? either party.
A) execute a written contract incorporating any agreement
B) provide a consent to pay for damages incurred
C) revise the recognition status of the bargaining unit
D) include new members in the bargaining process
Q2) Proposals under the collective agreement, which involve violations of the NLRA or other laws is known as:
A) prohibited bargaining subjects.
B) bargaining remedies.
C) modification of collective agreement.
D) mandatory bargaining subjects.
Q3) In J. I. Case Co. v. NLRB, the Supreme Court held that contracts of employment made with ? individual employees were _____ to negotiating a collective agreement with the union.
A) ex parte agreements
B) mandatory
C) not impediments
D) yellow-dog contracts
Q4) Explain plant closing legislation.
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Chapter 16: Picketing and Strikes
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Q1) The labor union of Rivet Metal Solutions threatened the employer with negative publicity if management failed to improve their wages and medical benefits. This is a violation of Section 8(b)(4) of the National Labor Relation Act and Rivet Metal Solutions may have remedy in the form of:
A) punitive damages.
B) liquidated damages.
C) a warrant to arrest.
D) an injunction.
Q2) Consumer picketing is also known as:
A) product picketing.
B) union picketing.
C) in situs picketing.
D) organizational picketing.
Q3) A union that unilaterally delays the start of a strike beyond the time specified in the written notice violates _____ of the NLRA.
A) Section 9(a)
B) Section 8(a)(1)
C) Section 8(g)
D) Section 8(a)(5)
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Page 20
Chapter 17: The Enforcement and Administration of the Collective Agreement
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Q1) Belk Software Company and the union of the company, entered into an agreement with a no-strike clause. Later, the union stated that it was not clear about the terms and conditions incorporated under the agreement. The union requested that the employer reconstruct the agreement, but the employer refused. Subsequently, the union decided to go on strike. In this scenario, what is the remedy available for the employer?
A) Injunction
B) Punitive damages
C) Liquidated damages
D) Writ of certiorari
Q2) How can an employer recover damages for breach of no strike clause even if injunction is not issued?
Q3) In In re AMR CORPORATION, what section of the Bankruptcy Code was at issue?
A) Section 103.
B) Section 301.
C) Section 1113.
D) Section 1114.
Q4) 11 U.S.C Section 1114 creates a procedure for modification or rejection of retiree benefit obligations. Explain this statement by stating the provisions covered under Section 1114.
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Chapter 18: The Rights of Union Members
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Q1) Ronald Heatherman, a union officer at Devon Mining Company Inc., finds that a few union members along with the union leader are misusing the union funds. Ronald decides to take reasonable action against the union leader and other union members. Under which act can Ronald take action to safeguard union funds?
A) Equal Employment Opportunity Act
B) Occupational Safety and Health Act
C) Federal Labor Relations Act
D) Labor Management Reporting and Disclosure Act
Q2) In Hines v. Anchor Motor Freight, Inc., two truck drivers employed by Anchor Motor Freight, Inc., were discharged for allegedly submitting expense claims in excess of the actual costs of their motel rooms. The discharged employees filed suit against both the union and the employer. They alleged that because their discharge was not for good cause, the employer was in violation of the:
A) Norris-La Guardia Act.
B) duty of fair representation.
C) Title VII Civil Right Act.
D) collective agreement.
Q3) Describe the duties of union officers.
Q4) Briefly describe the union members' bill of rights.
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Chapter 19: Public Sector Labor Relations
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Q1) The central authority responsible for the administration of the Federal Service Labor-Management Relations Act (FSLMRA) is the:
A) Federal Labor Relations Authority.
B) National Labor Relations Board.
C) Equal Employment Opportunity Commission.
D) Homeland Security Labor Relations Board.
Q2) Name some of the unfair labor practices by agencies outlined under the Federal Service Labor-Management Relations Act?
Q3) What happens when a complaint alleging unfair labor practices is filed with the Federal Labor Relations Authority?
Q4) The Federal Service Labor-Management Relations Act (FSLMRA) granted federal employees the right to organize and:
A) issue injunctions.
B) renew employment contracts.
C) bargain collectively.
D) file labor suits.
Q5) What role does the Public Employee Relations Board (PERB) play regarding employee relations?
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Chapter 20: Occupational Safety and Health
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Q1) Sheila, a physically-challenged employee at National Steel Manufacturing Company, informs her supervisor about the lack of ventilation in the assembly unit, but the supervisor takes no action on her suggestion. In this scenario, it may be concluded that National Steel Manufacturing Company has violated the:
A) Civil Rights Act.
B) Occupational Safety and Health Act.
C) Americans with Disability Act.
D) Equal Employment Opportunity Act.
Q2) Ryan Sutherland is the CEO of Nuvage Mechanisms Inc. He feels that the new safety standard promulgated by the Secretary of Labor would adversely affect operational efficiency and financial outlay at his firm. In order to file a challenge against the validity of the new standard, he has to file them before the sixtieth day after the issuance of the standard with the appropriate:
A) District Court.
B) Court of General Jurisdiction.
C) Federal Court of Appeals.
D) U. S. Supreme Court.
Q3) How is the Occupational Safety and Health Act administered and enforced?
Q4) When can variance be sought? What are the kinds of variances?
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Chapter 21: The Employee's Safety Nets: Unemployment
and Workers' Compensation, Social Security, and Retirement Plans
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Q1) What are the three major benefits that fall under the Social Security system?
Q2) In Baker v. Commissioner of Social Sec., the plaintiff was:
A) found disabled under the meaning of the Americans with Disabilities Act.
B) provided benefits after appeal.
C) denied benefits.
D) disabled under the meaning of the Social Security Act.
Q3) Which of the following is not true regarding minimum standards under the Employee Retirement Income Security Act?
A) The minimum standards for pension plans must be met for the employee pension plans to qualify for preferential tax treatment.
B) Preferential tax treatment enables an employer to deduct contributions to qualified benefit plans immediately.
C) ERISA does not consider the deductions as income to participating employees until they receive the payments after retirement.
D) Compliance to ERISA minimum standards by qualifying their benefit plans is mandatory.
Q4) Explain the concept of litigating unemployment claims.
Q5) Define unemployment compensation.
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Chapter 22: The Fair Labor Standards Act
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Q1) In case of an FLSA violation, employees may file suit to recover back wages and overtime plus liquidated damages:
A) for an equal amount.
B) at half the amount.
C) at double the amount.
D) at one-and-half times the amount.
Q2) Riana was working as a domestic worker for the Stephenson family in New York for about six months. She had not been paid on time since the first month of her joining. Can she file a suit against her employer under the FLSA?
A) No, as the FLSA coverage does not extend to private household domestic workers.
B) Yes, as the FLSA coverage extends to private household domestic workers.
C) No, as a household does not qualify as an employer under the provisions of FLSA.
D) Yes, She can file a suit against her employer for unfair trade practices under the provisions of FLSA.
Q3) Describe the coverage of the FLSA.
Q4) Explain the term "workweek".
Q5) What is willful violation?
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