Labor Law Review Questions
Course Introduction
Labor Law examines the legal framework governing the relationship between employers, employees, and trade unions. The course covers key topics such as employment contracts, collective bargaining, workplace rights and obligations, anti-discrimination laws, termination procedures, and dispute resolution mechanisms. Students will explore historical and contemporary developments in labor relations, analyze major statutes and case law, and discuss the role of government agencies in enforcing labor standards. Through theoretical and practical perspectives, the course provides essential knowledge for understanding workplace rights and navigating legal challenges in the modern employment environment.
Recommended Textbook
Employment and Labor Law 7th Edition by
Patrick J. Cihon
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Page 2
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Sample Questions
Q1) The integration of national economies into a worldwide economy, due to trade, investment, and migration and information technology is known as:
A) globalization.
B) perennial revolution.
C) amalgamation.
D) assimilation.
Answer: A
Q2) An employee who informs the wrong doing of an employer to a government agency is called:
A) espionage.
B) conductor.
C) whistleblower.
D) opportunist.
Answer: C
Q3) 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.
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Chapter 2: Employment Contracts and Wrongful Discharge
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Q1) An Act which makes it illegal to fire an employee in retaliation for filing a safety complaint is covered under the provision of:
A) Title VII of Civil Rights Act.
B) National Labor Relations Act.
C) Occupational Safety and Health Act.
D) Public Policy Exception.
Answer: C
Q2) Employees of public companies are protected from retaliation for engaging in certain whistleblowing activities under:
A) the Occupational Safety and Health Act.
B) the Workers' Compensation Act.
C) the National Labor Relations Act.
D) the Sarbanes-Oxley Act.
Answer: D
Q3) What is a tort?
Answer: Tort is a private or civil wrong or injury, caused by one party to another, either intentionally or negligently.
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Chapter 3: Commonly Committed Workplace Torts
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Q1) In the HAUN V. COMMUNITY HEALTH SYSTEMS, INC. case, it was found that Pennsylvania law does not recognize a claim for tortious interference with contract in the context of contracts for:
A) employment at-will.
B) defamation.
C) specific performance.
D) private employees.
Answer: A
Q2) Employers reinforce their common law rights by:
A) issuing injunctions and suing for damages.
B) requiring employees to sign confidentiality and noncompetition agreements at time of hire.
C) reducing the employees rank, salary, or job title as a punishment.
D) imposing regulations on their Internet usage and other external communication.
Answer: B
Q3) 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.
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Page 5
Chapter 4: Employee Privacy Rights in the 21st Century
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Q1) In Hernandez v. Hillsides, Inc., the court found that the employer intruded upon the employees' reasonable privacy expectations, and the intrusion was:
A) not sufficiently offensive or serious to give rise to liability.
B) sufficiently offensive or serious to give rise to liability.
C) malicious.
D) none of the above.
Q2) Can employers mandate the policy of genetic testing?
Q3) Malice in the context of defamation and invasion of privacy means:
A) animosity toward somebody.
B) a physical altercation must have taken place.
C) knowledge that a statement is false or a reckless disregard of its truth or falsity.
D) none of the above.
Q4) What does surveillance and eavesdropping mean?
Q5) What is the most common way in which employers intrude upon their employee's privacy?
Q6) Describe privacy concerns in the context of third-party information request.
Q7) What serious intrusion of employees' privacy has severe ethical implications?
Q8) Discuss the origin of Employee Privacy Rights.
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Chapter 5: The Global Perspective: International
Employment Law and American Immigration Policy
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Q1) What is the purpose of the Immigration Reform and Control Act (IRCA) of 1986?
Q2) What does the Alien Tort Claims Act provide?
Q3) What is the role of the convention of Service Abroad of Judicial and Extrajudicial Documents in civil or commercial matters?
Q4) Which one of these following is an organization which is aimed at meeting the globalization of corporations, trade, and manufacturing?
A) International Labor Organization (ILO)
B) American Federation of Labor/Congress of Industrial Organization (AFL-CIO)
C) Union Network International (UNI)
D) Department of States (DOS)
Q5) What was the issue in Sarei v. Rio Tinto?
A) Should the plaintiffs be required to exhaust their other available remedies before being permitted to sue in a U.S. court under the Alien Tort Statute?
B) Why didn't the plaintiffs seek to secure justice in their own countries?
C) Is the Legal Arizona Workers Act preempted by federal immigration law?
D) When are invasions of privacy intentional?
Q6) What is the role of U.S. Citizenship and Immigration Services (USCIS)?
Q7) State the purpose of the Immigration Reform and Control Act (IRCA) of 1986.
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Chapter 6: Title VII of the Civil Rights Act and Race Discrimination
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Sample Questions
Q1) Christopher, a white employee was excluded from a training program which imparted specialized skills required for his role. Under the voluntary affirmative action program, 50 percent of the spaces in the training program were reserved for minority employees while the remaining 50 percent was based on seniority. While Christopher was not senior enough to qualify for the seniority-based seats, he did have more seniority than several of the minority employees admitted under the affirmative action program. Christopher filed a suit against the employer and the union with EEOC arguing that excluding him from the training program while admitting less senior employees was race discrimination prohibited by Title VII. Based on the above information, it is likely the decision ruled in favor of:
A) Christopher.
B) the organization.
C) the black employees.
D) both the organization and the black employees.
Q2) What do affirmative action programs usually involve?
Q3) The Thompson v. North American Stainless, LP. case focuses on:
A) content validity.
B) retaliation in violation of Title VII.
C) seniority.
D) gambling.
Page 8
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Chapter 7: Gender and Family Issues: Title VII and Other Legislation
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Sample Questions
Q1) Central Airlines decided to give 30% pay hike to stewards and 15% pay hike to stewardesses, even though they were performing substantially similar kind of work. In this case, the airlines has most likely violated the:
A) Wage and Compensation Act.
B) Sarbanes-Oxley Act.
C) National Labor Relation Board.
D) Equal Pay Act.
Q2) Which of the following reasons is sufficient to support a bona fide occupational qualification (BFOQ)?
A) Employer convenience
B) Customer preference
C) Co-worker preference
D) Business necessity
Q3) The remedies available under a government suit for the violation of Pay Discrimination Act include___________.
A) injunction and back pay with interest
B) criminal proceedings and coverage for damages
C) criminal proceedings and back pay with interest
D) injunction and coverage for damages
Page 9
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Chapter 8: Discrimination Based on Religion and National
Origin Procedures Under Title VII
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Q1) What is discrimination based on national origin?
Q2) 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.
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.
Q5) Explain ministerial exemption within the context of Title VII.
Page 10
Q6) Why should employers avoid arbitrary employment criteria, such as height or weight for applicants?
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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) What is the procedure by which a federal employee can file the complaint of alleged violation under ADEA?
Q3) The Age Discrimination in Employment Act (ADEA) is enforced and administered by:
A) Equal Employment Opportunity Commission.
B) National Rural Employment Commission.
C) National Industrial Relation Association.
D) Young Men of America Association.
Q4) What information should employers provide employees in case of a waiver of claims?
Q5) What is bona fide seniority or benefit plan? What is its significance?
Q6) What are the exemptions and defenses available for employers when a plaintiff establishes a prima facie case of age discrimination?
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Chapter 10: Discrimination Based on Disability
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Sample Questions
Q1) Duke was an employee at General Vehicles Company. He had a problem with alcohol and often remained absent from work. The company decided to terminate him from employment after confirming their suspicions, but without providing a warning or any suggestion to undergo rehabilitation. In this case, the company violated ADA and Rehabilitation Act, which failed to:
A) a proper medical test.
B) make reasonable accommodation.
C) establish the connection between alcoholism and productivity.
D) make any further investigation.
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) What is the American with Disabilities Act?
Q4) Is AIDS a disability under ADA and Rehabilitation Act? Why or why not?
Q5) Explain the term "qualified individual with a disability."
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Chapter 11: Other Eeo and Employment Legislation: Federal and State Laws
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Q1) Which of the following statements is not true?
A) The Michigan Civil Rights Act specifically prohibits discrimination based on height or weight.
B) The District of Columbia Human Rights Law prohibits discrimination based on personal appearance or political affiliation.
C) Maine law requires employers to post a notice in the workplace informing employees that sexual harassment is illegal.
D) New York law prohibits a mother from breast-feeding her child in any public place where she is authorized to be.
Q2) Define affirmative action plans.
Q3) The laws that allow employees to bring firearms onto their employer's property were challenged by a number of employers on the grounds that requiring employers to allow guns on their property would violate the employers' general duty under the _____ to provide a safe workplace.
A) Section 201-d of the New York State Labor Law
B) Federal Mine Health and Safety Act
C) Civil Rights Act
D) federal Occupational Safety and Health Act (OSHA)
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Chapter 12: The Rise of Organized Labor and Its Regulatory Framework
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Q1) In Duplex Printing Press Company v. Deering, Duplex responded to the national boycott called by the Machinists' Union by filing suit for an injunction under the:
A) Sherman Act.
B) National Labor Relations Act.
C) Clayton Act
D) Norris-La Guardia Act.
Q2) The NLRA exclude all of the following from its definition of employer except:
A) public sector employers
B) railroads.
C) cooperatives.
D) airlines subject to the Railway Labor Act.
Q3) What are the types of legal issues the NLRB handles?
Q4) Section 3 of the Norris-La Guardia Act declares that _____ are contrary to public policy of the United States.
A) ex parte proceedings
B) union boycotts
C) yellow-dog contracts
D) collective bargaining efforts
Q5) Define managerial employees.
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Chapter 13: The Unionization Process
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Q1) The National Labor Relations Board (NLRB) recently adopted a new rule regarding situations where the employer has voluntarily recognized a union, that is, where no recognition election has been held. In Dana Corp., the Board held that employees and rival unions have _____ to challenge the voluntary recognition of a union.
A) seven days
B) two weeks
C) forty-five days
D) three months
Q2) Elemental Chemical Manufacturing Company located in New York decided to conduct an election to elect bargaining representative. The NLRB established an eligibility date for the employees at the firm. Jacob Wiles was hired by the Elemental Chemicals after the eligibility date was prepared. In this case, Jacob:
A) can vote during the conduct of election.
B) can be restrained from entering the company.
C) may be withheld from entering the rolls until further notice.
D) cannot vote during the conduct of election.
Q3) While determining the bargaining agent, on what grounds the can the Board decision be appealed in Washington?
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Chapter 14: Unfair Labor Practices by Employers and Unions
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Q1) Nicolas is a member of the bargaining unit at Smith Inc., and has been very vocal in his criticism of the performance of the union's leadership in the last contract negotiations. Steve, the union's chief steward, irate over Nicolas' complaints, meets with Benjamin, the HR director, to discuss terminating Nicolas. Here, Steve violated Section 8(b) (2) of the:
A) American Federation of Labor.
B) National Labor Relations Act.
C) Wagner Act.
D) Taft-Hartley Act.
Q2) In NLRB v. Brown, Supreme Court held that the employers' attempt to remain open for business using temporary replacements was a measure reasonably related to the legitimate business purpose of preserving the integrity of the multiemployer bargaining unit and has not violated both:
A) Section 8(a)(1) or 8(a)(3).
B) Section 9(a) or Section 10(e).
C) Section 7 or Section 8(b)(3).
D) Section 8(c) Section 8(a)(5).
Q3) What are antiunion remarks?
Q4) Define super seniority in context of collective bargaining.
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Chapter 15: Collective Bargaining
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Q1) 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
Q2) In Emporium Capwell Co. v. Western Addition Community Organization, Hollins and Hawkins were minority employees. The Western Addition Community Organization filed a charge against the company with National Labor Relations Board (NLRB). The trial examiner of the NLRB concluded that their activity was not protected by Section 7 of the Act and that their discharges did not, therefore, violate _____ of the NLRA.
A) Section 9(a)
B) Section 8(b)(3)
C) Section 8(a)(1)
D) Section 8(a)
Q3) What does Section 8(d) of the National Labor Relations Act state with respect to duty of bargain?
Q4) Explain the concept of duty to furnish information.
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Chapter 16: Picketing and Strikes
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Q1) In International Union of Operating Engineers, the Board found that all of the following actions by the union constituted unfair labor practices, except:
A) picketing at neutral gates.
B) distributing pamphlets encouraging employees of neutral employers to stay out of work.
C) barring union members from working on a job where a strike has been called.
D) bringing internal charges against members employed by a neutral employer.
Q2) Secondary boycott prohibitions were intended to protect _____ from union pressure.
A) private employers
B) neutral employers
C) the federal government
D) health-care providers
Q3) What is common situs picketing?
Q4) When was the Norris-La Guardia Act passed and what are its provisions relating to strike?
Q5) Can any person suffering harm to business or property sue in federal court to recover damages?
Q6) Discuss the jurisdictional disputes of Section 8(b)(4)(D).
Page 19
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Chapter 17: The Enforcement and Administration of the Collective Agreement
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Q1) Discuss the applicability of interest arbitration.
Q2) A successor employer who discriminatorily refuses to rehire the unionized employees from the prior firm violates _____, according to Planned Bldg. Servs. Inc.
A) Section 8(a)(2)
B) Section 8(a)(5)
C) Section 8(a)(3)
D) Section 8(b)(1)
Q3) _____ is the settlement of disputes by a neutral adjudicator chosen by the parties to the disputes.
A) Voluntary recognition
B) Adjudication
C) Internal remedy
D) Arbitration
Q4) In NLRB v. Winco Petroleum, a successor employer was held guilty of a refusal to bargain. The employer can be held subject to a(n):
A) summary trial.
B) bargaining order remedy.
C) union order.
D) jury trial.
20
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Chapter 18: The Rights of Union Members
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Q1) 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
Q2) Which of the following is not true of the "duty of fair representation" in a dispute?
A) The duty of fair representation arose out of the union's exclusive bargaining agent status under the Railway Labor Act.
B) The duty of fair representation is also extended to unions granted bargaining agent status under Section 9(a) of the NLRA.
C) Unions, in representing employees, must make unilateral decisions that affect all employees in equally.
D) The Supreme Court held that unions should be given broad discretion by the courts in negotiation practices.
Q3) What is a union shop?
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Chapter 19: Public Sector Labor Relations
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Q1) Ron joined a public sector enterprise and the company had an active union. Ron wished to join the union but was denied membership in the union. Which of the following acts makes it illegal to deny union membership to an employee?
A) Federal Service Labor-Management Relations Act
B) Wagner Act
C) National Labor Relations Act
D) Fair Labor Standards Act
Q2) What happens when a complaint alleging unfair labor practices is filed with the Federal Labor Relations Authority?
Q3) Discuss appropriate representation units under the Federal Labor Relations Authority (FLRA).
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) Briefly explain the Federal Service Labor-Management Relations Act.
Q6) Discuss the role of a union with exclusive bargaining status.
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Chapter 20: Occupational Safety and Health
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Q1) The authority to promulgate occupational safety and health standards through the Occupational Safety and Health Administration (OSHA) is granted to the:
A) Department of Treasury.
B) Commissioner on Wages.
C) Department of Finance.
D) Secretary of Labor.
Q2) If OSHA or an employee objects to the requested extension or modification, a hearing is held before the:
A) Occupational Safety and Health Commission.
B) U. S. Court of Appeals.
C) U. S. Supreme Court.
D) Court of General Jurisdiction.
Q3) The Occupational Safety and Health Review Commission is a(n) _____ created to adjudicate contested enforcement actions of OSHA.
A) quasi-judicial agency
B) administrative body
C) judicial body
D) temporary agency
Q4) Name the two kinds of variances under OSHA.
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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) In Label Systems Corp. v. Aghamohammadi, the defendants were terminated from employment alleging willful and felonious misconduct. The plaintiff filed a three-count complaint against the defendants and the defendants counterclaimed against the plaintiff by filing a third-party complaint. The jury in this case found that the plaintiffs were liable for vexatious litigation. The trial court denied several post-trial motions filed by both parties, awarded Label Systems $19,460.17 in punitive damages, and rendered judgment in accordance with the jury's verdict. The Supreme Court concluded that the trial court did not abuse its discretion by denying the plaintiffs':
A) default judgment.
B) punitive damages.
C) motion to dismiss.
D) motion for remittitur.
Q2) The minimum standards for pension plans must be met for the plan to qualify for:
A) liquidity benefits.
B) preferential tax treatment.
C) federal accreditation.
D) FELA status.
Q3) What are the three major benefits that fall under the Social Security system?
Page 24
Q4) What is the main purpose of Social Security?
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Chapter 22: The Fair Labor Standards Act
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Q1) 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
Q2) The Walsh-Healy Act _____ for contractors providing at least $10,000 worth of goods to the federal government.
A) sets employability limits
B) allows employment of minors
C) prohibits child labor in employment
D) sets minimum standards for wages
Q3) What is willful violation?
Q4) Does the Fair Labor Standards Act (FLSA) prohibit all child labor?
Q5) Explain the concept of overtime pay under the FLSA.
Q6) Can employees file a suit to recover back wages and overtime pay? If so, what are the limitations for FLSA violations?
Page 25
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