Management and Labor Relations
Midterm Exam
Course Introduction
Management and Labor Relations explores the dynamic relationship between employers, employees, and the organizations or unions that represent them. The course examines key concepts such as collective bargaining, conflict resolution, labor law, unionization, workplace negotiations, and the evolving nature of work in a globalized economy. Students will analyze the roles of managers and labor representatives in creating productive, fair, and harmonious workplaces, with an emphasis on leadership strategies, ethical considerations, and legal frameworks that impact labor-management interactions. Through case studies and real-world examples, students gain practical skills to effectively navigate and influence labor relations within diverse organizational settings.
Recommended Textbook
Employment and Labor Law 8th Edition by
Patrick J. Cihon
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Page 2
Chapter
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Q1) The first of several statutes to set the terms and conditions of employment to be provided by government contractors is known as the:
A) Merchant Marine (Jones) Act (1936).
B) Fair Labor Standards Act (1938).
C) Walsh-Healy Act (1936).
D) Social Security Act (1935).
Answer: C
Q2) What does the Racketeer Influenced and Corrupt Organizations Act (RICO) state?
Answer: RICO is a federal law designed to criminally penalize those who engage in illegal activities as part of an ongoing criminal organization.
Q3) In Gilmer v.Interstate/Johnson Lane Corporation case,Gilmer filed a charge with EEOC and brought suit in the District Court,alleging that he had been discharged in the violation of:
A) The Social Security Act (1935).
B) National Labor Relations Act (1935).
C) Civil Rights Act (1964).
D) Age Discrimination in Employment Act of (1967).
Answer: D
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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) Identify the case in which the Supreme Court upheld the dismissal of a lawsuit brought by a salesman who was fired for refusing to sell what he insisted to management was an unsafe product?
A) Knox v.Board of School Directors of Susquenita School District
B) Geary v.United State Steel Corporation
C) Asmus v.Pacific Bell
D) Marcus v.KFG Employment Services, Inc
Answer: B
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Chapter 3: Commonly Committed Workplace Torts
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Q1) Which is business defamation?
Answer: Business defamation is a per se tort; it can amount to strict liability once the plaintiff has proved that the damaging statement was published.
Q2) Which of these forms of invasion of privacy is closely related to the tort of defamation?
A) invasion of plaintiff's solitude
B) intrusion into plaintiff's private affairs
C) portraying plaintiff in a false light
D) appropriating plaintiff's name or likeness
Answer: C
Q3) In the Meehan v.American Intern,LLC.case.,the plaintiff's claim failed because there was no:
A) breach of contract.
B) at-will employee contract.
C) evidence of defamation.
D) breach of privacy.
Answer: A
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Chapter 4: Employee Privacy Rights In The 21st Century
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Q1) Can employers mandate the policy of genetic testing?
Q2) The testing of human blood and/or urine for the presence of controlled/illegal substances is known as:
A) drug testing.
B) genetic testing.
C) reasonable suspicion.
D) mandatory testing.
Q3) Elaborate on the policy regarding employee personal files.
Q4) Privacy concerns arise in the context of third-party information requests primarily:
A) after an employee exits a company.
B) at the hiring stage.
C) during collective bargaining.
D) over employees' Internet usage.
Q5) Who are system administrators?
Q6) What serious intrusion of employees' privacy has severe ethical implications?
Q7) Describe privacy concerns in the context of third-party information request.
Q8) Identify the entities covered under HIPPA.
Q9) Discuss the origin of Employee Privacy Rights.
Q10) Describe malice in the context of defamation and invasion of privacy.
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Chapter 5: The Global Perspective: International
Employment Law And American Immigration Policy
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Q1) Mohammad is an illegal immigrant from Pakistan,who has been part of the U.S.labor market since 1978.The act which is intended to clear illegal immigrants is the:
A) Immigration Reform and Control Act (IRCA) of 1986.
B) Torture Victim Protection Act of 1991.
C) Alien Tort Statute.
D) Foreign Labor Relations Act.
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.S.labor and employment laws in many instances are equal or superior to the ILO scheme.
Q3) What does the Alien Tort Claims Act provide?
Q4) What is the role of the convention of Civil Aspects of International Child Abduction?
Q5) What are conventions? Identify conventions that affect international labor relations and employments.
Q6) What steps did Brazil take in the eradication of child labor and slavery?
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Chapter 6: Title Vii Of The Civil Rights Act And Race Discrimination
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Q1) In EEOC v.Dial Corp.,after the Work Tolerance Screen (WTS) was adopted:
A) the percentage of new female hires declined.
B) the percentage of new female hires significantly increased.
C) the percentage of new hires from minority groups declined.
D) the percentage of new male hires significantly declined.
Q2) List the three classifications of standards developed by the American Psychological Association for validating job requirements.
Q3) 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.
Q4) Write a short note on retaliation under Title VII.
Q5) The Thompson v.North American Stainless,LP.case focuses on:
A) content validity.
B) retaliation in violation of Title VII.
C) seniority.
D) gambling.
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Chapter 7: Gender And Family Issues: Title Vii And Other Legislation
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Q1) What is the provision under Title VII with respect to gender discrimination.Explain "gender-plus" discrimination.
Q2) An act that amends Title VII by extending the time limit for filing suit for pay discrimination cases is known as the:
A) Limitation Act.
B) Fair Labor Standards Act.
C) Age Discrimination Act.
D) Lilly Ledbetter Fair Pay Act.
Q3) Explain the coverage of the Equal Pay Act.
Q4) What is the provision relating to pregnant women working in hazardous condition?
Q5) 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
Q6) What are the conditions to receive family temporary disability insurance benefits?
Q7) Define the Bennett Amendment.
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Chapter 8: Discrimination Based On Religion And National
Origin & Procedures Under
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Q1) 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.
Q2) Write down the provision of section 703(g) of Title VII.
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) Explain Immigration Reform and Control Act of 1986,and Discrimination Based on National Origin or Citizenship.
Q5) In which of the following cases did the Supreme Court uphold the court-ordered affirmative action to remedy prior employment discrimination?
A) New York Gaslight Club v.Carey
B) Local 28, Sheet Metal Workers v.EEOC
C) Christianburg Garment Co.v.EEOC
D) Franks v.Bowman Transportation Co.
Page 10
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Chapter 9: Discrimination Based on Age
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Q1) The complaint of an alleged ADEA violation must be filed with the Equal Employment Opportunity Commission within:
A) 60 days.
B) 180 days.
C) 190 days.
D) 300 days.
Q2) A plaintiff who alleges violation under the Age Discrimination in Employment Act (ADEA) must establish:
A) directed verdict.
B) privacy of contract.
C) a prima facie case.
D) a suo moto case.
Q3) In Gilmer v.Interstate/Johnson Lane Corp the Supreme Court held that the securities broker should not litigate and is required to:
A) abide by the agreement.
B) submit his letter of resignation.
C) arbitrate.
D) award back pay.
Q4) How is the Age Discrimination in Employment Act enforced and administered?
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Chapter 10: Discrimination Based On Disability
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Q1) Is AIDS a disability under ADA and Rehabilitation Act? Why or why not?
Q2) In National Treasury Employees Union v.Von Raab,the Supreme Court upheld rules of the_______________.
A) U.S.Customs Service
B) U.S.Prevention of Drug Act
C) National Labor Relation Board
D) Occupational Safety and Health Act
Q3) Explain the food handler defense under the ADA.
Q4) Which of the following conditions are included in the definition of disability under the Americans with Disabilities Act (ADA)?
A) Employees who use illegal drugs
B) Infectious or contagious diseases
C) Temporary or short-term nonchronic conditions
D) Alcoholics who use alcohol
Q5) Does the ADA consider drug tests to be medical tests?
Q6) What are the defenses available under the ADA?
Q7) What is the Rehabilitation Act? Explain it provisions.
Q8) What does Section 501 of the Rehabilitation Act deal with?
Q10) How is "disability" defined under the ADA? Page 12
Q9) What is the consequence for failure to make reasonable accommodation?
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Chapter 11: Other Eeo And Employment Legislation: Federal And
State Laws
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Q1) Firms found to be in violation of the obligations under the Executive Order,either through the courts or the administrative proceedings may be subject to __________ and required to provide back pay and grant retroactive seniority to affected employees.
A) injunctions
B) review petition
C) pre trial judgment
D) summary dismissal
Q2) 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.
Q3) What are the remedies provided under civil whistleblower's provisions by the Department of Labor?
Q4) Name a few instances in which the employers conduct criminal record background checks on applicants.
Q5) Define affirmative action plans.
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Chapter 12: The Rise Of Organized Labor And Its Regulatory Framework
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Q1) One of the grounds on which the National Labor Relations Board will review an election is if:
A) the majority of employees demand review.
B) the procedure involved some error that prejudiced a party.
C) there is a tie among the parties.
D) the parties demand review.
Q2) Section 10(b) of the National Labor Relations Act requires that unfair practice charges must be filed:
A) within six months of the occurrence of the alleged unfair practice.
B) after a year of the occurrence of the alleged unfair practice.
C) according to the convenience of the aggrieved person.
D) after a notice has been issued by the board stating the date the charge can be filed.
Q3) Who proposed the National Labor Relations Act (NLRA) in the Senate and in which year?
Q4) What does Section 103 the Labor-Management Reporting and Disclosure Act deal with?
Q5) What is the extent of jurisdiction of the NLRB?
Q6) Briefly describe the National Labor Board.
Page 15
Q7) Define the term "supervisor" in accordance with Section 2(11) of the NLRA.
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Chapter 13: The Unionization Process
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Q1) _____ of the NLRA requires that the union be designated or selected by a majority of the employees in order for the union to become the exclusive bargaining agent.
A) Section 8(a)(3)
B) Section 7
C) Section 2(3)
D) Section 9(a)
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) Which rule bars holding an election in the bargaining unit?
Q4) Explain the two exceptions of contract bar rule.
Q5) What happens if the union loses the election due to employer's illegal actions?
Q6) Explain the second exception under contract bar rule.
Q7) Define voluntary recognition.
Page 16
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Chapter 14: Unfair Labor Practices By Employers And Unions
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Q1) Strikes in which the union selectively strikes in just one firm in the industry are known as:
A) economic strikes.
B) whipsaw strikes.
C) unfair labor practice strikes.
D) local union strikes.
Q2) Apart from whipsaw strikes,what are the other reasons for engaging in multiemployer bargaining with union?
Q3) 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
Q4) 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.
Page 17
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Chapter 15: Collective Bargaining
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Q1) Section 8(d) of the NLRA prohibits any modifications or changes in a collective agreement's provisions relating to _____ during the term of the agreement unless both parties to the agreement consent to such changes.
A) bargaining remedies
B) bargaining unit
C) mandatory bargaining subjects
D) bargaining agent
Q2) What does Section 8(d) of the National Labor Relations Act state with respect to duty of bargain?
Q3) The collective agreements covering professional baseball and football players are examples of ? agreements that:
A) amount to yellow dog contracts.
B) permit individual negotiation.
C) are ex parte agreements.
D) require an inspection officer.
Q4) Explain the concept of duty to furnish information.
Q5) What was the purpose of the Worker Adjustment and Retraining Act (WARN)?
Q6) What are permissive bargaining subjects?
Q7) Briefly describe the duty to bargain.
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Chapter 16: Picketing And Strikes
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Q1) Peaceful picketing is protected activity under the:
A) Occupational Safety and Health Act.
B) American Federation for Labor.
C) U.S.Constitution.
D) National Labor Relation Act.
Q2) Can primary or secondary employer sue even if unfair labor practice charge has been filed with the National Labor Relations Board?
Q3) What is primary picketing?
Q4) In Hudgens v.NLRB,warehouse employees of the Butler Shoe Co.went on strike to protest the company's failure to agree to demands made by their union in contract negotiations.The union filed an unfair labor practice charge against Hudgens with the Board,alleging interference with rights protected by Section 7 of the NLRA.The U.S.Supreme Court held that the case should be remanded to the:
A) Court of general jurisdiction.
B) District Court.
C) National Labor Relation Board.
D) Trial Court.
Q5) What is the right of an employer under Section 8(b)(7)(C) related to picketing?
Q6) Briefly explain the concept of consumer picketing.
Page 19
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Chapter 17: The Enforcement And Administration Of The Collective Agreement
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Q1) 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.
Q2) Define rights arbitration.
Q3) Describe the limitation to allowing damage suits for breach of no-strike clauses.
Q4) What happens to the financial obligations of a corporation when it files a petition for the protection of the bankruptcy laws?
Q5) How does an arbitration clause affect the right of individual employees?
Q6) Discuss the no-strike clause.
Q7) Following the Supreme Court's _____________ decision,Congress amended the Bankruptcy Code to deal with the rejection of a collective agreement.
A) NLRB v.Bildisco & Bildisco
B) Trafford Dist.Center v.NLRB
C) NLRB v.Winco Petroleum
D) Road & Rail Services., Inc.
Page 20
Q8) Discuss the applicability of interest arbitration.
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Chapter 18: The Rights Of Union Members
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Q1) In Chauffeurs,Teamsters and Helpers,Local No.391 v.Terry,it was held that an employee who seeks back pay as a remedy for a union's violation of the duty of fair representation is entitled to:
A) punitive damages.
B) a jury trial.
C) monetary damages.
D) rescind his/her union membership.
Q2) 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
Q3) Briefly describe the union members' bill of rights.
Q4) The union members' bills of rights is established under the:
A) United States Constitution.
B) Occupational Safety and Health Act.
C) Labor Management Reporting and Disclosure Act.
D) Equal Employment Opportunity Act.
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Chapter 19: Public Sector Labor Relations
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Q1) Discuss the role of a union with exclusive bargaining status.
Q2) The decisions of Federal Labor Relations Authority are subject to judicial review by:
A) the federal courts of appeals.
B) federal district courts.
C) the NLRB.
D) the Employment Relations Commission.
Q3) In National Treasury Employees Union v.Michael Chertoff,Secretary,United States Department of Homeland Security,the District Court held that the Department exceeded its authority in attempting to conscript the _____ into the HR system.
A) Federal Labor Relations Authority
B) Employment Relations Commission
C) National Labor Relations Board
D) Public Service Commission
Q4) What is the duty of the Merit System Protection Board (MSPB)?
Q5) What do public sector labor relations statutes define?
Q6) Briefly explain the Federal Service Labor-Management Relations Act.
Q7) What is the importance of the Federal Mediation and Conciliation Service?
Q8) What does the collective bargaining for the public sector employees involve?
Page 22
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Chapter 20: Occupational Safety And Health
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Q1) How is the Occupational Safety and Health Act administered and enforced?
Q2) In Chao v.Gunite Corp.,citations were issued for violations of:
A) the Fair Labor Standards Act.
B) the Americans with Disabilities Act.
C) occupational safety and health regulations.
D) None of the above.
Q3) In addition to being granted the right to a workplace free from recognized hazards,employees under the Occupational Safety and Health Act are protected from: A) retaliation.
B) territorial jurisdiction.
C) extradition.
D) government interference.
Q4) A technical violation,but so insignificant as to require no fine or remediation,is a(n) _____ violation.
A) constitutional
B) de minimis
C) de facto
D) cognizable
Q5) When should citation be an issue? Can the employer challenge a citation?
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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) Which are the two enactments that predated the National Labor Relations Act and Workers' Compensation laws?
Q2) The Employee Retirement Income Security Act (ERISA) sets the standards for pension plans on all of the following aspects except:
A) Fiduciary conduct
B) Asset Management
C) Information disclosure
D) Plan taxation
Q3) For a person to be "fully insured" by social security,he or she must accrue a minimum of _____ quarters of contributions.
A) twenty
B) forty
C) fifty
D) thirty-five
Q4) Which of the following is not a category under the Social Security system?
A) Retirement insurance benefits
B) Medicare
C) Unemployment benefits
D) Disability
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Chapter 22: The fair labor standards act
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Q1) Minors under age fourteen can be employed only in _____ under specific limitations and with parental consent.
A) agriculture
B) packaging
C) domestic-care jobs
D) sports companies
Q2) 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.
Q3) As on July 24,2009 the minimum wages for nonexempt employees is _____ per hour.
A) $ 5.25
B) $ 7.25
C) $ 6.25
D) $ 4.25
Q4) Explain the term "workweek".
Q5) Does the Fair Labor Standards Act (FLSA) prohibit all child labor?
Q6) What was impact of the first federal law against child labor?
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