Labor Law Exam Bank
Course Introduction
Labor Law is a comprehensive course that examines the legal framework governing the relationship between employers, employees, trade unions, and government regulators. The course explores key topics such as the formation and regulation of labor unions, collective bargaining, workplace rights, anti-discrimination statutes, wage and hour laws, health and safety regulations, and dispute resolution mechanisms. Students will analyze significant statutes, judicial decisions, and administrative policies at both national and international levels, gaining practical insights into how labor laws shape the modern workplace and impact both individual and collective employment rights.
Recommended Textbook
Employment and Labor Law 9th Edition by Patrick J. Cihon
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22 Chapters
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Page 2
Chapter
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Sample Questions
Q1) Employment discrimination based on race, sex, religion, and such other groups is considered to be illegal under:
A) Fair Labor Standards Act.
B) Title VII of the Civil Rights Act.
C) National Labor Relations Act.
D) Social Security Act.
Answer: B
Q2) The Act which is aimed at letting employees know when a plant closing or mass layoff is in the offing is the:
A) Employee Retirement Income Security Act (ERISA).
B) Family and Medical Leave Act (FMLA).
C) Worker Adjustment and Retraining (WARN) Acts.
D) Federal Occupational Safety and Health Act (OSHA).
Answer: C
Q3) Occasionally, statutory protections and terms of collective bargaining agreements conflict.
A)True
B)False
Answer: True
Page 3
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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) In Pennsylvania, if an employee is fired on the basis of gender or race discrimination, then State law remedy is provided under the Pennsylvania:
A) Occupational Discrimination Act.
B) Human Relations Act.
C) Labor Relations Act.
D) Gender and Race Discrimination Act.
Answer: B
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4
Chapter 3: Commonly Committed Workplace Torts
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Q1) What is a tort and how it is applicable in employer-employee relationships?
Answer: The word tort means a civil wrong not based upon a preexisting contractual relationship.By and large, tort law is the law of personal injury.Its application to employer-employee relationship is affected by workers' compensation insurance, which immunizes the employer from some tort liabilities.
Q2) The National Labor Relations Act preempts a requirement to submit the claim to binding arbitration, and sovereign immunity, where public employers are targeted.
A)True
B)False
Answer: True
Q3) Which of the following applies to the protection of proprietary information by common law or state statute?
A) Employee's social security number
B) Worker's compensation
C) Trade secret
D) Trademark
Answer: C
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Chapter 4: Employee Privacy Rights in the 21st Century
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Q1) Both private and public sector employers can monitor employees' use of employer-owned computers:
A) with an appropriate notice.
B) through a written warrant.
C) with the permission of state authorities.
D) with or without prior notice.
Q2) Monitoring of behavior from a distance by means of electronic equipment or other means of technology is known as surveillance.
A)True
B)False
Q3) The Fourth Amendment of the U..Constitution provides protection to public employees.
A)True
B)False
Q4) The greatest amount of litigation is in drug testing, which has been instigated due to internal investigation.
A)True
B)False
Q5) What is a background screening policy?
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Chapter 5: The Global Perspective:international
Employment Law and American Immigration Policy
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Q1) As a general proposition, immigration law and policy are not deemed to be the exclusive provinces of the federal government.
A)True
B)False
Q2) Identify the statement which accurately represents the functions of the International Labor Organization (ILO).
A) The International Labor Organization (ILO) is a branch of the World Bank.
B) ILO "laws" always supersede an individual nation's sovereignty.
C) The United States is a signatory to all ILO enactments or pronouncements.
D) U..labor and employment laws in many instances are equal or superior to the ILO scheme.
Q3) 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..Social Security Administration.
C) U..Immigration and Customs Enforcement.
D) U..Citizenship and Immigration Services.
Q4) What is the role of U..Citizenship and Immigration Services (USCIS)?
Page 7
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Chapter 6: Title VII of the Civil Rights Act and Race Discrimination
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Q1) In International Brotherhood of Teamsters v.United States, the seniority system was established between:
A) employee and the union.
B) employer and the union.
C) employee and the employer.
D) both employer-employee and employee-union.
Q2) A method of demonstrating that an employment selection device that selects employees based on the traits and characteristics that are required for the job in question is called:
A) construct validity.
B) seniority.
C) content validity.
D) affirmative action.
Q3) Title VII of the Civil Rights Act of 1964 took effect in which year?
A) 1964
B) 1963
C) 1966
D) 1965
Q4) What is bona fide occupational qualification?
Q5) Write a short note on retaliation under Title VII.
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Chapter 7: Gender and Family Issues:title VII and Other Legislation
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Q1) In which of the following cases did the court hold that an employer who requires women to wear a uniform but has no such requirement for men violates Title VII?
A) Fountain v.Safeway Stores, Inc.
B) Carroll v.Talman Federal Savings & Loan Assoc.
C) Baker v.California Land Title Co.
D) Willingham v.Macon Tel.Publishing Co.
Q2) An employer may require a second or third medical opinion at the employee's expense when the employee applies for leave under serious health condition.
A)True
B)False
Q3) In Spalding v.University of Washington and A......v.State of Washington, the U..Court of Appeals for the Ninth Circuit held that a plaintiff bringing a Gunther-type claim under Title VII must establish the evidence of:
A) validity of job requirement.
B) comparable worth.
C) disparate treatment.
D) disparate impact.
Q4) Explain Hostile Environment Harassment.
Page 9
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Chapter 8: Discrimination Based on Religion and National
Origin and Procedures Under Title VII
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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) While seeking accommodation, an employee is required to act reasonably in considering the alternative means of accommodation that is available.
A)True
B)False
Q3) One way to establish proof of a disproportionate impact is by using the:
A) Four-Fifth Rules from the NLRB guidelines.
B) Four-Fifth Rules from the IRCA Guidelines.
C) Four-Fifths Rule from the EEOC Guidelines.
D) Lilly Ledbetter Fair Pay Act Guidelines.
Q4) Awarding of back pay and seniority is a:
A) principle reversed by the Supreme court.
B) remedy under Title VII.
C) state employment policy.
D) federal employment policy.
Page 10
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Chapter 9: Discrimination Based on Age
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Q1) Robert is a sixty-year old sales manager at a local car dealership.Due to the state of the economy, the dealership had to undergo restructuring which resulted in the elimination of Robert's position.The duties he performed were transferred to Gaines who was 42-years old.However, Robert felt that the actual reason for eliminating his position was his age, which was against the arbitration clause in his employment agreement.To provide his case, Robert has to:
A) garner support from his colleagues.
B) establish a prima facie case alleging violation.
C) arbitrate with the employer.
D) ask for higher compensation.
Q2) In O'Connor v.Consolidated Coin Caterers Corp. the court of appeal held that:
A) whether the replacement was over or under 40 years of age was irrelevant.
B) the ADEA does not provide for disparate impact cases against older officers.
C) the ADEA did not require the employer to demonstrate any intention to discriminate.
D) None of the above.
Q3) When is arbitration for ADEA claims enforced?
Q4) What is the procedure by which a federal employee can file the complaint of alleged violation under ADEA?
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Chapter 10: Discrimination Based on Disability
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Q1) What is the procedure to claim remedies under the ADA?
Q2) In Chalfant v.Titan Distribution, Inc. Chalfant sued Titan for disability discrimination under the _____ and was awarded _____.
A) National Labor Relation Act; $100,000 in front pay
B) Americans with Disability Act; $60,000 in front pay.
C) Americans with Disability Act; $60,000 in back pay,
D) National Labor Relation Act; $100,000 in front pay.,
Q3) An employer in the food service industry can refuse to assign or transfer to a job, involving food handling, to any individual who has an infectious or communicable disease that could be transmitted to others through the handling of food.
A)True
B)False
Q4) Assume that Dave Johnson was suffering from physical disability and applied for a job at Coury Company.If Coury Company rejects his application because of his disability, they have:
A) violated the Occupational Safety and Health Act.
B) violated the National Labor Relation Board.
C) violated the Americans with Disabilities Act.
D) discriminated on the basis of gender.
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Chapter 11: Other EEO and Employment Legislation:federal and
State Laws
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Q1) The federal and state legislation generally prohibits employers from requiring employees to take:
A) honesty tests.
B) polygraph tests.
C) psychometric tests.
D) physical fitness tests.
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) Except in those instances where sex may be a BFOQ, all state EEO laws, in terms or conditions of employment, prohibit the discrimination on the basis of:
A) age.
B) gender.
C) sexual orientation.
D) race.
Page 13
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Chapter 12: The Rise of Organized Labor and Its Regulatory Framework
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Q1) The Railway Labor Act established a three-step procedure for settling disputes.Which of the following is not one of them?
A) Use a federal mediation board to attempt to facilitate negotiation of the parties' differences.
B) Induce the parties to arbitrate the dispute.
C) Refer the dispute to the Office of the General Counsel.
D) Recommend to the president that an emergency board of investigation be created.
Q2) Because _____ gave little guidance concerning the administrative structure of the newly created agency, the NLRB adopted an administrative organization that made it prosecutor, judge, and jury with regard to complaints under the act.
A) Bill Clinton
B) the Wagner Act
C) the old NLRB
D) Barack Obama
Q3) The Clinton administration never provided unions with a sympathetic ear at the White House.
A)True
B)False
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Chapter 13: The Unionization Process
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Q1) The Board holds that unfair labor practice strikers:
A) cannot constitute a bargaining unit.
B) cannot be permanently replaced by the employer.
C) are not eligible to vote in any election held during the strike. D) may also be considered as economic strikers.
Q2) The decision of the regional director to dismiss the petition, if the Board agent finds some impediments to an election, is non-appealable.
A)True
B)False
Q3) Explain the rationale behind the rules that bar holding of bargaining representative election.
Q4) The National Labor Relations Act (NLRA) requires that the method of determining the employees' choice of a bargaining representative is to hold a secret ballot election.
A)True
B)False
Q5) Which rule bars holding an election in the bargaining unit?
Q6) Explain the two exceptions of contract bar rule.
Q7) Define voluntary recognition.
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Chapter 14: Unfair Labor Practices by Employers and Unions
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Q1) Unfair labor practices by employers interfere with employees in exercise of their rights under:
A) Section 4 of Employer and Labor Relations Act.
B) Section 5 of Worker's Compensation Act.
C) Section 6(a) of Payment of Wages Act.
D) Section 7 of National Labor Relations Act.
Q2) As remedy for violation of Section 8(a)(2), the NLRB may order the employer:
A) to cease recognizing the union.
B) not to cancel any agreements reached with the union.
C) give support or assistance to the union.
D) not to disband an in-house or captive union.
Q3) What are the criteria for employer rules limiting soliciting activities?
Q4) Employees have a right under Section 7 to choose their bargaining representative free from coercion.
A)True
B)False
Q5) Which act defines unfair labor practices?
Q6) Which guidelines should be followed when employer conducts a poll of his employees?
Q7) What is the exception regarding the encouragement of unions?
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Chapter 15: Collective Bargaining
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Q1) As long as the parties bargain with an intention to find a basis of agreement, the breakdown or deadlock of negotiations is not a violation of the:
A) terms of agreement.
B) duty to bargain in good faith.
C) NLRA.
D) employment contract.
Q2) What are the procedural requirements under Section 8(d) of the National Labor Relations Act?
Q3) Which of the following does not fall under a mandatory bargaining subject, considering the various rulings on the subject?
A) Hours and terms and conditions of employment
B) Prices of food sold in vending machines in the plant cafeteria
C) Changes in medical insurance coverage of retired former employees
D) Employee discounts, shift differentials, and incentive plans
Q4) Briefly describe the duty to bargain.
Q5) Section 8(d) states that making concessions or reaching an agreement is necessary to good faith bargaining.
A)True
B)False
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Chapter 16: Picketing and Strikes
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Q1) The labor union of Consolidated Iron and Steel Company, despite its illegal status, organized a picketing against the company demanding assigning of work to them.Such picketing is prohibited under _____ of the NLRA.
A) Section 9(c)(1)
B) Ordinance no.7
C) Section 8(b)(4)(D)
D) Article 8(b)(4)(ii)(b)
Q2) Can any person suffering harm to business or property sue in federal court to recover damages?
Q3) _____ requires that the Board seek an injunction against the picketing when a complaint alleging a violation of Section 8(b)(4)(D) is filed.
A) Section 7(a)
B) Section 9(a)
C) Section 10(l)
D) Section 8(a)(4)
Q4) There is a constitutional right to picket, but there is no recognized constitutional right to strike.
A)True
B)False
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Chapter 17: The Enforcement and Administration of the Collective Agreement
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Q1) Rights arbitration is generally used as the final step in the _____ process.
A) recruitment
B) renewal
C) termination
D) grievance
Q2) The bankruptcy court is required to issue its determination on the rejection issue within a period of _____ days after the hearing.
A) thirty
B) forty-five
C) sixty
D) seventy-five
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) Compare and contrast rights arbitration and interest arbitration.
Q5) Define grievance process.
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Q6) Describe the limitation to allowing damage suits for breach of no-strike clauses.
Chapter 18: The Rights of Union Members
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Q1) In Marquez v.Screen Actors Guild, the court held that negotiating a union security clause that incorporates the language of Section 8(a)(3) of the NLRA is not a violation of the union's:
A) duty of fair representation.
B) duty to negotiate
C) collective bargaining.
D) duty to investigate.
Q2) What is meant by exhausting internal remedies?
Q3) The legal controls on unions are the result of actions by the courts, the National Labor Relations Board (NLRB), and Congress.
A)True
B)False
Q4) In DelCostello v.Teamsters, the Supreme Court held that the time limit for bringing a suit under Section 301 of the NLRA, alleging a breach of the duty of fair representation is _____ months.
A) two
B) three
C) five
D) six
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Chapter 19: Public Sector Labor Relations
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Q1) The Lloyd-La Follette Act of 1912 gave _____ the right to join unions.
A) postal workers
B) paramedicals
C) paralegals
D) rail road workers
Q2) The Federal Service Labor-Management Relations Act (FSLMRA) created the National Labor Relations Board (NLRB) to administer the act.
A)True
B)False
Q3) 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.
Q4) Informational picketing that does not interfere with agency operations is not allowed.
A)True
B)False
Page 21
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Chapter 20: Occupational Safety and Health
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Q1) When a worker dies in the factory because the employer failed to provide necessary safety in workplace, the investigating officer appointed under Occupational Safety and Health Act is known as:
A) a federal investigator.
B) an OSHA representative.
C) a compliance official.
D) an inspector.
Q2) When a de minimis citation and proposed penalty are contested, the employer has an absolute defense to the citation if it can prove that:
A) compliance to the standard is impossible.
B) employees are not required to handle the hazardous/faulty technology.
C) the employment contract had explicitly cited the hazards present.
D) medical benefits cover the risk posed.
Q3) When should citation be an issue? Can the employer challenge a citation?
Q4) What are employers required to provide under the Occupational Safety and Health Act?
Q5) Can an OSHA inspection officer enter into any premises?
Q6) Name the two kinds of variances under OSHA.
Q7) What is the National Institute of Occupational Safety and Health?
Page 22
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Q1) Explain the concept of litigating unemployment claims.
Q2) The Federal Employment Liability Act is a federal law designed to protect and compensate the injured:
A) disabled workers.
B) railroad workers.
C) war veterans.
D) minors in employment.
Q3) The unemployment claim is usually evaluated in the first instance by an unemployment officer or agency in the area where the:
A) employee was terminated.
B) office is located.
C) employee was hired.
D) worker resides.
Q4) Sophisticated employers recognize that unemployment compensation claims must be considered within the context of the company's:
A) compensation benefits strategy.
B) insurance plans.
C) total human resource strategy.
D) corporate policy.
Page 23
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Chapter 22: The Fair Labor Standards Act
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Q1) If a worker is one who receives tips from customers, the employer is allowed to reduce the minimum wage paid to that worker by up to _____ percent, with the difference to be made up by tips received.
A) 40
B) 45
C) 50
D) 55
Q2) 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.
Q3) Employees covered by the FLSA are entitled to overtime pay at one-and-a-half times their regular pay rate, for hours worked:
A) outside the company precincts.
B) over an above five standard weekdays in a workweek.
C) in excess of forty hours per workweek.
D) beyond thirty hours per workweek.
Q4) Explain the concept of overtime pay under the FLSA.
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