Management and Labor Relations Exam
Review
Course Introduction
Management and Labor Relations explores the dynamic relationship between management and employees within organizations. The course examines the historical development of labor unions, collective bargaining processes, and the legal framework governing labor relations. Key topics include negotiation strategies, conflict resolution, labor-management cooperation, and the impact of globalization and technology on workplace practices. Through real-world case studies and contemporary issues, students gain a comprehensive understanding of how effective labor relations contribute to organizational success and the well-being of the workforce.
Recommended Textbook
Employment and Labor Law 7th Edition by
Patrick J. Cihon
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Page 2
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Q1) 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
Q2) What are the reasons for the decline of the Post-War Organized Labor?
Answer: Several significant issues and trends combined to cause the gradual decline of organized labor in America. Incidents like violation of "gentlemen's agreement" by John L. Lewis, president of the United Mine Workers, with the Roosevelt Administration during WWII. The belief of Critics, that the combined American Federation of Labor/Congress of Industrial Organizations (AFL-CIO) had grown far too powerful. Resistance, by so-called "Red Hunters" as the infamous Senator Joseph McCarthy, to perceived Communist influences in large unions at the advent of Cold War. Similarly, alleged organized-crime ties of other huge unions attracted the attention and wrath of politicians and government.
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Chapter 2: Employment Contracts and Wrongful Discharge
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Q1) 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
Q2) Courts are reluctant to recognize an alternative remedy if the statute itself provides an employee with a cause of action in the form of a lawsuit for:
A) willful misconduct.
B) negligence.
C) wrongful discharge.
D) tort.
Answer: C
Q3) Define dicta.
Answer: Opinions of a judge or appellate panel of judges that are tangential to the rule, holding, and decision which are at the core of the judicial pronouncement are known as dicta.
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4
Chapter 3: Commonly Committed Workplace Torts
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Q1) An employee's theft of her employer's trade secrets is considered as a(n):
A) liability.
B) tort.
C) bailment.
D) injunction.
Answer: B
Q2) In the Haegert v. McMullan case, a supervisor was accused of abusing:
A) laws of the company
B) qualified privilege
C) employee privacy
D) contractual obligations
Answer: B
Q3) Which of the following can be considered to be a civil wrong?
A) injunction
B) tort
C) ordeal
D) ordinance
Answer: B
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Chapter 4: Employee Privacy Rights in the 21st Century
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Q1) One of the express purposes of HIPAA's privacy provisions is to:
A) prevent employers from using PHI for personnel decisions.
B) prevent employers from creating a "firewall" between employees who administer health insurance plans and all other employees.
C) protect employees and applicants who may suffer from physical and mental disabilities.
D) remove many thousands of private employers from HIPAA and its implementing regulations.
Q2) Discuss why genetic testing is one of the most pressing ethical dilemma employers are facing today.
Q3) 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.
Q4) What is a background screening policy?
Q5) What serious intrusion of employees' privacy has severe ethical implications?
Q6) What is HIPAA?
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Chapter 5: The Global Perspective: International
Employment Law and American Immigration Policy
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Q1) What is the role of the convention of Civil Aspects of International Child Abduction?
Q2) Which one of these following bodies is responsible for enforcing the antidiscrimination provisions of the Immigration and Nationality Act (INA), 8 U.S.C. Section 1324b?
A) U.S. Department of Justice
B) U.S. Immigration ad Customs Enforcement
C) U.S. Social Security Administration
D) U.S. Citizenship and Immigration Services
Q3) Which one of the following bodies is responsible for the administration of immigration and naturalization adjudication functions and establishing immigration services policies and priorities?
A) U.S. Social Security Administration
B) U.S. Department of Justice
C) U.S. Citizenship and Immigration Services
D) U.S. Immigration and Customs Enforcement
Q4) What is the role of the convention of Service Abroad of Judicial and Extrajudicial Documents in civil or commercial matters?
Q5) List the targets of 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) Who does Title VII of the Civil Rights Act of 1991 cover?
Q2) In several cases decided shortly after the adoption of Title VII, courts held that departmental seniority systems that operated to deter minority employees from transferring out of low-paying or inferior jobs:
A) were in violation of Title VII.
B) were not in violation of Title VII..
C) were based on the 1991 amendment to Title VII.
D) did not perpetuate the effects of prior discrimination.
Q3) In United Steelworkers of America v. Weber, Weber, a white employee, filed a complaint with the EEOC against the Employer and the Union for:
A) coercing him to participate in the training program.
B) excluding him from the training program while admitting less senior minority employees.
C) not admitting less senior minority employees in the training program.
D) coercing him to participate in the training program while more senior minority employees were allowed to opt out.
Q4) The equal employment opportunity legislation prohibits discrimination based on what criteria?
Page 8
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Chapter 7: Gender and Family Issues: Title VII and Other Legislation
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Q1) A transport company had a policy that required every female employee to go through a mandatory physical examination prior to a promotion. However, the test was not mandatory for male candidates. A group of female candidates filed a lawsuit against the company. In this instance, the court most likely held that the company violated:
A) Title VII, on the basis of gender stereotyping.
B) Title VII, on the basis of gender-plus discrimination.
C) Title VII, on the basis of national origin.
D) National Labor Relation Act.
Q2) Scarlett applied for a job as personal shopper in a boutique for exclusive menswear. The boutique rejected her application since the job also required assisting male customers in the fitting rooms which was a business necessity and was inappropriate for a female employee. In this case, the department is justified under:
A) public policy exception.
B) bona fide occupational qualification.
C) employment-at-will.
D) gender stereotyping.
Q3) What is the procedure to file suit under Equal Pay Act?
Q4) When should an employee give notice for leave under FMLA?
Page 9
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Chapter 8: Discrimination Based on Religion and National
Origin Procedures Under Title VII
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Q1) Ron and Roderick were American employees at a publishing firm. The company employed 22 workers, most of who were French or spoke French. There were constant complaints pertaining to language issues by Ron and Roderick. The company subsequently adopted an "English-only" policy, requiring employees to speak in English while conducting business. The French employees and the union then filed a lawsuit against the company, alleging that the English-only policy violated Title VII. In this case, the court held that there was no violation of Title VII because:
A) there wasn't enough evidence that the rule was actually implemented.
B) there were no reasonable grounds to justify that provisions of Title VII were violated.
C) there were not a sufficient number of employees to support the union.
D) there were a large number of English speaking employees in the company.
Q2) Employers are allowed to refuse to hire applicants who are denied national security clearances for positions subject to federal security requirements under:
A) Section 703(g) of Title VII.
B) Section 703(e) of Title VII.
C) Section 704(e) of Title VII.
D) Section 703(f) of Title VII.
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Page 10
Chapter 9: Discrimination Based on Age
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Q1) What is meant by "reasonable factors other than age"? Give an example of how this might help employers?
Q2) Provide examples of violations of the Age Discrimination in Employment Act.
Q3) If the waivers are part of a termination incentive program offered to a group or class of employees, the employer must give the employees _____________ to consider the waiver.
A) forty-five days
B) seven days
C) ten days
D) twenty-one days
Q4) 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.
Q5) What are the procedures to file complaint for alleged violation under Age Discrimination in Employment Act?
Q6) When is arbitration for ADEA claims enforced?
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Chapter 10: Discrimination Based on Disability
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Q1) Richard (plaintiff) tested positive for AIDS. He applied for a job at Gray Company (defendant), but was refused a job by the company due to his illness. He filed a lawsuit against the company by alleging violation of ADA. In this scenario, there is a strong possibility that the defendant may refuse to hire or accommodate an individual if:
A) the individual has any type of sexually transmitted illness.
B) that individual's condition poses a direct threat to the health of other workers.
C) the individual has tested positive for AIDS or any such communicable disease.
D) it can be established that Richard's illness would cause discomfort among the other employees.
Q2) Define "undue hardship".
Q3) Explain the provisions of the ADA.
Q4) An individual must first file an ADA complaint with a state or local agency, where appropriate, and then with the:
A) EEOC.
B) OSHA.
C) NLRB.
D) U. S. Supreme Court.
Q5) Explain the food handler defense under the ADA.
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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 options provides general protection for civil service workers from any discipline or retaliation because they have disclosed a violation of laws or regulations, gross mismanagement or a gross waste of funds, or a substantial and specific danger to the public health or safety?
A) The Civil Rights Act of 1866 and 1870
B) The Federal Civil Service Reform Act
C) The National Labor Relations Act
D) Executive Order 11246
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) Name a few instances in which the employers conduct criminal record background checks on applicants.
Q4) What are the exceptions under EPPA to allow polygraph testing?
Q5) Give a brief outline of the Civil Rights Act of 1866 and 1870.
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Chapter 12: The Rise of Organized Labor and Its Regulatory Framework
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Q1) What is a labor injunction?
Q2) The Railway Labor Act was amended by the:
A) National Industrial Recovery Act.
B) Congress.
C) National Labor Relations Board.
D) Taft-Hartley Act.
Q3) In the Danbury Hatters' case, the Supreme Court held that the union boycott was a combination in restraint of trade within the meaning of the:
A) Clayton Act.
B) National Labor Relations Act.
C) Sarbanes Oxley Act.
D) Sherman Act.
Q4) The number of regional offices of the NLRB is:
A) thirty-four.
B) thirty-two.
C) eighty eight.
D) eighty four.
Q5) What are the types of legal issues the NLRB handles?
Q6) What is the extent of jurisdiction of the NLRB?
Q7) Discuss the socialist movement and its political influence. Page 14
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Page 15
Chapter 13: The Unionization Process
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Q1) An election was conducted at General Affairs Company to elect a union bargaining representative. The election was conducted in a fair manner, but the opposite union called for a re-election. Under Section 9(C) (3) of National Labor Relations Act, no new election can be held for a _____ period for that unit.
A) twenty-four month
B) twelve-month
C) thirty-six month
D) six-month
Q2) In United Dairy Farmers Co-op. Assoc. v. NLRB, the U.S. Court of Appeals for the Third Circuit held that the Board had the power to issue a:
A) termination order.
B) bargaining order.
C) mareva injunction.
D) summary judgment.
Q3) What is the relevance of filing objection after election has been conducted?
Q4) While determining the bargaining agent, on what grounds the can the Board decision be appealed in Washington?
Q5) What is the significance of Section 9 (e) (1) of the NLRA pertaining to election?
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Chapter 14: Unfair Labor Practices by Employers and Unions
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Q1) Section 8(a) (1) and Section 8(b) (1) of NLRB, prohibits:
A) union organizing campaigns.
B) strikes by employees.
C) coercion and restraint of employees.
D) poll conducted by employers.
Q2) In Atlantic-Pacific Coast Inc. v. NLRB, employee collecting signatures of coworkers on a letter to management protesting the selection of a new supervisor was held to be engaged in:
A) negotiation tactics.
B) bargaining.
C) protected activity.
D) pressure tactics
Q3) Apart from whipsaw strikes, what are the other reasons for engaging in multiemployer bargaining with union?
Q4) Which section of National Labor Relation Act speaks about union coercion of employees and employers?
Q5) Define super seniority in context of collective bargaining.
Q6) What are antiunion remarks?
Q7) What is the exception regarding the encouragement of unions?
Q8) Which act defines unfair labor practices?
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Chapter 15: Collective Bargaining
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Q1) Briefly describe permissive bargaining subjects.
Q2) When a union acquires bargaining rights by voluntary recognition rather than certification, the employer is required to recognize and bargain with the union only for _____ if no agreement is in ? effect.
A) ninety days
B) sixty days
C) a reasonable period of time
D) as long as the employer wants
Q3) _____ makes it an unfair labor practice for an employer to refuse to bargain with the employees' ? representative.
A) Section 9(a)
B) Section 8(b)(3)
C) Section 8(d)
D) Section 8(a)(5)
Q4) When can an employer act unilaterally?
Q5) If the employer pleads inability to pay, the union _____ .
A) can demand a lockout.
B) must make a good faith demand for financial information.
C) is entitled to petition the NLRB against the employer.
D) can legally conduct an economic strike.
Page 18
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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) The second proviso to _____ allows the union to use publicity other than picketing, for the ? purpose of truthfully advising the public that the secondary employer is handling the product ? of the primary employer.
A) Section 7(a)(1)
B) Section 8(b)(4)
C) Section 9(c)(1)
D) Section 8(a)(5)
Q3) What is primary picketing?
Q4) What are the national emergency provisions under the Taft-Hartley Act of 1947?
Q5) Discuss the NLRA provisions regarding picketing or refusal to work against any health-care institution.
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Chapter 17: The Enforcement and Administration of the Collective Agreement
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Q1) In Allis-Chalmers Corp. v. Leuck, the Supreme Court held that if the resolution of a state law claim depends on the interpretation of a collective agreement, then the application of the state law is preempted by:
A) federal laws.
B) accepted business practices.
C) arbitrage.
D) the NLRA.
Q2) In John Wiley & Sons, Inc. v. Livingston, the Supreme Court held that the successor employer must arbitrate a grievance arising under the collective agreement where there was a _____ of identity in the business enterprise.
A) subrogation
B) substantial continuity
C) misrepresentation
D) withholding
Q3) 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.
Q4) Compare and contrast rights arbitration and interest arbitration.
Q5) Define grievance process.
Page 20
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Chapter 18: The Rights of Union Members
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Q1) Explain the election procedure and requirements for election under Section 401 of the LMRDA?
Q2) In 1947, the Taft-Hartley Act added a list of union unfair labor practices to the NLRA, which included all of the following except:
A) Section 7 was amended to give employees the right to refrain from engaging in concerted activity, as well as the right to engage in such activity.
B) Section 8(b)(1)(A) prohibits union activity that interferes with, restrains, or coerces employees in the exercise of their Section 7 rights.
C) Section 8(b)(2) prohibits unions from causing an employer to discriminate against employees in terms and conditions of employment because they are not union members.
D) Section 8(b)(5) protects employees from legal intervention and arbitration with a third party.
Q3) Which legislation controls the operation and administration of employee welfare and pension plans?
Q4) What is the duty of fair representation on part of the union?
Q5) What is an agency shop?
Q6) Who creates the union's duty of fair representation?
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Chapter 19: Public Sector Labor Relations
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Q1) In American Federation of Government Employees, AFL-CIO v. Robert M. Gates, Secretary of Defense, the issue arose out of a contentious dispute over the collective-bargaining rights of hundreds of thousands of civilian employees of the Department of Defense (DoD). What authority of the National Defense Authorization Act (NDAA) authorizes the DoD to curtail collective bargaining rights that DoD's civilian employees otherwise possess under the Civil Service Reform Act of 1978?
A) Collective authority
B) Relative authority
C) Temporary authority
D) Absolute authority
Q2) The employees of the U.S. _____ are not subject to the Federal Service Labor-Management Relations Act (FSLMRA).
A) Transport Services
B) Judicial Service
C) Military Service
D) Postal Service
Q3) Discuss the role of a union with exclusive bargaining status.
Q4) How does the Postal Service Reorganization Act influence an impasse?
Q5) What is the duty of the Merit System Protection Board (MSPB)?
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Chapter 20: Occupational Safety and Health
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Q1) In line with Lessig's observation, the EEOC released certain guidelines concerning the creation of emergency plans that comply with the:
A) Tucker Act.
B) Occupational Hazard Act.
C) American with Disabilities Act.
D) Civil Right Act.
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) How many agencies are created under the Occupational Safety and Health Act for administration and enforcing the Act?
Q4) What are the two main goals of the Occupational Safety and Health Act?
Q5) When can variance be sought? What are the kinds of variances?
Q6) When should citation be an issue? Can the employer challenge a citation?
Q7) Can an OSHA inspection officer enter into any premises?
Q8) What is the National Institute of Occupational Safety and Health?
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Chapter 21: The Employee's Safety Nets: Unemployment
Workers' Compensation, Social Security, and Retirement Plans
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Q1) What is the purpose of Federal Employment Liability Act (FELA)?
Q2) Welfare plans usually provide participating employees and their beneficiaries with all of the following except:
A) unemployment benefits.
B) medical coverage.
C) pension benefits.
D) death benefits.
Q3) What kind of benefit is provided for disabled people under Social Security?
A) Subsidized housing
B) Legal assistance
C) Vocational rehabilitation
D) Anti-discriminatory privileges
Q4) The Jones Act is applicable to:
A) sailors.
B) retirees.
C) medical professionals.
D) war veterans.
Q5) Discuss workers' compensation.
Q6) Explain the concept of litigating unemployment claims. Page 24
Q7) What constitutes disability under the Social Security system?
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Page 25
Chapter 22: The Fair Labor Standards Act
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Q1) Donna and Paul DeRossi own an agricultural farm in the outskirts of New Jersey. Their son Ron, who is 13 years old, helps them every day by watering the saplings. Neighbors saw Ron working in the field every day and informed Department of Labor about this and complained of child labor. Have Donna and Paul violated the law under Fair Labor Standards Act (FLSA) by allowing their son to work on the agricultural farm land?
A) No, they have not violated the law of FLSA because the minors under age fourteen are allowed to work in any kind of occupations.
B) No, they have not violated the law of FLSA because the minors are engaged in hazardous occupation as identified by the secretary of labor.
C) No, they have not violated the law of FLSA because the minors under the age of fourteen are allowed to work in agriculture under specific limitations and with parental consent.
D) Yes, they have violated the law of FLSA because the minors under the age of fourteen are not at all allowed to work in agricultural occupations.
Q2) Explain the concept of overtime pay under the FLSA.
Q3) What remedies can an employee seek under the Fair Labor Standards Act?
Q4) Discuss the provisions regarding child labor under the Fair Labor Standards Act.
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