Management and Labor Relations
Mock Exam
Course Introduction
Management and Labor Relations explores the dynamic relationship between employers, employees, and unions in the workplace. The course examines the historical development of labor relations, key labor laws and policies, union organizing, collective bargaining processes, conflict resolution, and grievance procedures. Students learn about the strategic role of human resource management in fostering productive labor-management interactions, the impact of globalization on labor relations, and current issues such as workplace diversity, employee rights, and ethical workplace practices. The course equips students with the analytical tools to understand and address real-world challenges in managing workplace relationships and labor disputes.
Recommended Textbook
Employment and Labor Law 7th Edition by Patrick
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J. Cihon
Page 2
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Q1) There should be set rules if there is a give and take policy between a labor union and corporate managers. The Act which provides these rules is the:
A) Social Security Act.
B) National Labor Relations Act.
C) Walsh-Healey Act.
D) Fair Labor Standards Act.
Answer: B
Q2) In Gilmer v. Interstate/Johnson Lane Corporation, Gilmer alleged that he had been discharged in violation of the:
A) Age Discrimination in Employment Act of 1967.
B) Employee Free Choice Act.
C) Worker Adjustment and Retraining (WARN) Acts.
D) Workers' compensation Act.
Answer: A
Q3) What are individual employee rights?
Answer: Individual employee rights are those rights which are enjoyed by workers as individuals, as against collective rights secured by unionization.
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Chapter 2: Employment Contracts and Wrongful Discharge
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Q1) Adam was an employee of ABC Corporation and he discovered the management was hiring illegal immigrants in most of its factories. He raised objection against the employer's practices and provided information to the law enforcing agencies regarding the illegal activities. The employer retaliated against Adam by terminating his employment. In this scenario, Adam is protected under:
A) Pennsylvania Human Relation Act which prohibits employee retaliation.
B) Section 203 and Section 806 of the Sarbanes-Oxley Act for illegal strikes.
C) OSHA and Title VII which protect employees who blow the whistle on illegal practice.
D) Section 203 of Title VII for breach of contract.
Answer: C
Q2) 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.
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 Ingraham v. Ortho-McNeil Pharmaceutical case, the employer was found not guilty of:
A) intentional infliction of emotional distress.
B) negligent infliction of emotional distress.
C) tortious interference with contract.
D) defamation.
Answer: A
Q2) Julie harassed her co-worker Van by regularly tampering with his belongings and leaving threatening messages on his desk. This repeated harassment caused Van to suffer from severe depression. In the above scenario, what type of tort can Van claim on Julie?
A) negligent infliction of emotional distress
B) intentional infliction of emotional distress
C) absolute liability
D) libel
Answer: B
Q3) Why do courts shy away from negligent infliction of emotional distress?
Answer: Many courts shy away from this tort because of problems of proving the extent of the plaintiff's suffering and/or the causal connection, particularly where the defendant never intended to cause the harm.
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Chapter 4: Employee Privacy Rights in the 21st Century
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Q1) In Cockram v. Genesco, an employee sued for:
A) defamation and false light invasion of privacy.
B) slander.
C) unreasonable suspicion.
D) genetic testing.
Q2) Health records usually are maintained in separate HR files, as is appropriate under:
A) Employee Assistance Program (EAP).
B) The Federal Health Insurance Portability and Accountability Act (HIPAA).
C) Drug-Free Workplace Act.
D) The Department of Health and Human Services' Office of Civil Rights 2002 Guidelines.
Q3) 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.
Q4) What does surveillance and eavesdropping mean?
Q5) What serious intrusion of employees' privacy has severe ethical implications?
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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 mechanisms creates a legal workforce without decreasing the number of workers available to harvest perishable crops?
A) H-2A program
B) H-1 program
C) H-2 program
D) H-1A program
Q3) The Alien Tort Claims Act:
A) was active for the last two centuries and was commonly used in supporting jurisdiction in several cases.
B) was enacted in 1889 as part of the original Judiciary Act.
C) is an international statute which provides a cause of action for aggrieved aliens in global courts.
D) is unlikely to have a high impact upon the way U.S. corporations deal with their overseas employees.
Q4) What is the role of U.S. Citizenship and Immigration Services (USCIS)?
Q5) What is the Union Network International (UNI)?
Page 7
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) The Thompson v. North American Stainless, LP. case focuses on:
A) content validity.
B) retaliation in violation of Title VII.
C) seniority.
D) gambling.
Q2) When an employee is treated differently from others due to race, color, religion, gender, or national origin it amounts to:
A) four-fifths treatment rule.
B) seniority.
C) disparate impact.
D) disparate treatment.
Q3) 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.
Q4) Described the practice of race norming.
Q5) Define construct validity.
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Chapter 7: Gender and Family Issues: Title VII and Other Legislation
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Q1) Which state legislation provides pregnancy leave?
Q2) In Price Waterhouse v. Ann B. Hopkins, Ann Hopkins, a senior manager in an office of Price Waterhouse, was proposed for partnership. When the partners in her office refused to repropose her partnership, she sued the firm. The Supreme Court held that employment decisions may constitute sex discrimination in violation of Title VII, if the decision is based on:
A) age discrimination.
B) sex stereotypes.
C) grounds of pregnancy.
D) sexual harassment.
Q3) 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.
Q4) What is Bona Fide Occupational Qualification?
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Chapter 8: Discrimination Based on Religion and National
Origin Procedures Under Title VII
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Q1) Title VII includes religion within the BFOQ exception enumerated in:
A) Section 703(d) (2).
B) Section 703(d) (1).
C) Section 702(d) (2).
D) Section 703(e) (1).
Q2) The Federal Arbitration Act (FAA) requires federal courts to enforce agreements to arbitrate if they:
A) pertain to railroad employees, or any other class of workers engaged in foreign or interstate commerce.
B) are voluntary and knowing.
C) do not place undue hardship on the parties.
D) were not knowingly agreed to.
Q3) 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.
Q4) What provisions are provided under section 703(e) (2) of Title VII of the Civil Rights Act of 1964?
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Chapter 9: Discrimination Based on Age
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Q1) In Equal Employment Opportunity Commission v. Tire Kingdom, courts have held that there is no specific statute of limitations on:
A) private individuals suit.
B) filing a prima facie case against federal government.
C) Age Discrimination in Employment Act suits filed by Equal Employment Opportunity Commission.
D) Americans with Disability act suits filed by federal government.
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 Oubre v. Entergy Operations, Inc, both sides conceded the release the employee signed did not comply with the requirements of the:
A) The Older Workers Benefit Protection Act.
B) Americans with Disability Act.
C) Health Insurance Portability and Accountability Act.
D) National Labor Relation Act.
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Chapter 10: Discrimination Based on Disability
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Q1) Section 501 of the Rehabilitation Act prohibits discrimination on the basis of disability by:
A) states executive.
B) private agencies.
C) companies.
D) federal executives.
Q2) Explain the food handler defense under the ADA.
Q3) Employers are required to make ____________________for employees with AIDS or related conditions, as long as the employees are capable of performing the essential functions of the job.
A) rehabilitation
B) reasonable accommodation
C) disability exception provision
D) improvisations
Q4) What is the American with Disabilities Act?
Q5) Is AIDS a disability under ADA and Rehabilitation Act? Why or why not?
Q6) Define "undue hardship".
Q7) Does the ADA consider drug tests to be medical tests?
Page 12
Q8) What is the Rehabilitation Act? Explain it provisions.
Q9) Explain the provisions of the ADA.
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Chapter 11: Other Eeo and Employment Legislation: Federal and State Laws
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Q1) 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
Q2) Which one of the following options is a basis of discrimination, classification, or differential by government action which is neutral with regard to race, color, gender, religion or national origin, and which is related to legitimate government interests?
A) Due process clause
B) Strict scrutiny test
C) Suspect class
D) Non-suspect class
Q3) Give a brief outline of the Civil Rights Act of 1866 and 1870.
Q4) What are remedial affirmative action plans?
Q5) What was the basic intention behind creation of the Civil Rights Acts of 1866 and 1870?
Q6) What is the responsibility of the federal Office of Special Counsel?
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Chapter 12: The Rise of Organized Labor and Its Regulatory Framework
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Q1) Define the term "supervisor" in accordance with Section 2(11) of the NLRA.
Q2) 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
Q3) Discuss the Congress of Industrial Organizations.
Q4) 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.
Q5) Briefly explain Norris-La Guardia Act.
Q6) What is the Noble Order of the Knights of Labor?
Q7) Briefly describe the National Labor Board.
Q8) Explain antitrust laws.
Q9) What is a labor injunction? Page 15
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Chapter 13: The Unionization Process
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Q1) Economic strikers who have been permanently replaced may vote only in elections held within _____ after the strike begins.
A) six months
B) nine months
C) twelve months
D) eighteen months
Q2) The _____ added some protection for minority factions within the bargaining units.
A) Employee Free Choice Act
B) Taft-Hartley Act
C) National Labor Relation Act
D) Clayton Act
Q3) 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.
Q4) What happens if the union loses the election due to employer's illegal actions?
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Chapter 14: Unfair Labor Practices by Employers and Unions
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Q1) Apart from whipsaw strikes, what are the other reasons for engaging in multiemployer bargaining with union?
Q2) If an employer is forced by a union to hire only applicants who are satisfactory to the union, this is a violation under:
A) Section 8(a)(3).
B) Section 8(b) (2).
C) Section 9(a).
D) Section 10.
Q3) A list of unfair labor practices by both employers and unions is defined in the:
A) Age Discrimination in Employment Act.
B) National Labor Relation Act.
C) National Industrial Recovery Act.
D) Civil Rights Act.
Q4) Dolan Tractor is a manufacturing unit in Nevada. The employers rely on unions to refer prospective employees to the various employers. This kind of arrangement is known as:
A) agency shop agreement.
B) soliciting agreement.
C) hiring hall.
D) union shop.
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Chapter 15: Collective Bargaining
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Q1) _____ 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)
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) Explain the concept of duty to furnish information.
Q4) Briefly describe permissive bargaining subjects.
Q5) What are mandatory bargaining subjects?
Q6) What is meant by "failing firm exception"?
Page 19
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Chapter 16: Picketing and Strikes
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Q1) Can primary or secondary employer sue even if unfair labor practice charge has been filed with the National Labor Relations Board?
Q2) 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)
Q3) Jason, the bargaining representative of the union at Toole & Symonds Inc., demanded that the employer improve the working conditions and safety of employees at the construction company. When the company refused to meet the union demands, the union organized a picket around the entire construction site. This form of picketing is called a(n):
A) consumer picketing.
B) ambulatory situs picketing
C) common situs picketing
D) organizational picketing.
Q4) Briefly explain the concept of consumer picketing.
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Chapter 17: The Enforcement and Administration of the Collective Agreement
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Q1) In Eastern Associated Coal Corporation v. United Mine Workers of America, District 17, James Smith worked for Eastern as a member of a road crew, a job that required him to drive heavy trucks on public highways. In March 1996, Smith tested positive for marijuana. Eastern sought to discharge Smith. In July 1997, he again tested positive for marijuana. Eastern again sought to discharge Smith. The District Court, while recognizing a strong regulation-based public policy against drug use by workers who perform safety-sensitive functions, held that Smith's:
A) conditional reinstatement violated the public policy.
B) conditional reinstatement did not violate public policy.
C) use of marijuana amounted to substantial continuity of identity in the business enterprise.
D) use of marijuana amounted to "just cause" for discharge.
Q2) How does an arbitration clause affect the right of individual employees?
Q3) What are the advantages of arbitration proceedings?
Q4) 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.
Page 21
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Chapter 18: The Rights of Union Members
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Q1) What remedies are provided under Section 8(b)(1)(A) of National Labor Relation Act?
Q2) One of the remedies available under Section 301 of the NLRA is:
A) imprisonment.
B) injunction.
C) forfeiture.
D) confiscate.
Q3) 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.
Q4) The requirement of exhausting contractual remedies flows from the policy of fostering:
A) voluntary settlement of disputes.
B) adherence to contractual obligations.
C) amicable relations between union and management.
D) minimal legal intervention in labor disputes.
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Chapter 19: Public Sector Labor Relations
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Q1) Briefly explain the Federal Service Labor-Management Relations Act.
Q2) How does the Postal Service Reorganization Act influence an impasse?
Q3) In National Treasury Employees Union v. Michael Chertoff, Secretary, United States Department of Homeland Security, the Supreme Court of Wisconsin recognized that both the Federal and State Constitutions protect freedom of speech and the right to petition the government, but noted that these rights:
A) may be abridged in case it will bring about the substantive evils that the legislature has a right to prevent.
B) may not be abridged in case it will bring about the substantive evils that the legislature has a right to prevent.
C) may be abridged in its discretion even if legislature has the right to prevent.
D) may be abridged in case the Supreme Court permits; even if legislature has the right to prevent.
Q4) What is the duty of the Merit System Protection Board (MSPB)?
Q5) What happens when a complaint alleging unfair labor practices is filed with the Federal Labor Relations Authority?
Q6) Discuss the role of a union with exclusive bargaining status.
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Page 23
Chapter 20: Occupational Safety and Health
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Q1) The National Institute of Occupational Safety and Health (NIOSH) is an agency created to cater to:
A) employers' needs.
B) dispute settlement.
C) research.
D) corporate investigations.
Q2) In Herbert v. Altimeter, Inc., the employee-plaintiff claimed she had been fired in retaliation for:
A) making safety complaints.
B) requesting a reasonable accommodation.
C) filing a workers' comp claim.
D) All of the above.
Q3) Name the two kinds of variances under OSHA.
Q4) 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.
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Chapter 21: The Employee's Safety Nets: Unemployment
and Workers' Compensation, Social Security, and Retirement Plans
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Q1) What is the purpose of Federal Employment Liability Act (FELA)?
Q2) A worker who applies for social security benefits and is receiving them at age sixty-five is automatically covered under part A of:
A) Medicare benefits.
B) unemployment compensation.
C) workers' compensation.
D) disability benefits.
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) What constitutes disability under the Social Security system?
Q5) The Social Security system was originally formed as:
A) a benefit and health insurance plan.
B) retirement and survivor's insurance.
C) social welfare benefits for minorities.
D) a voluntary retirement and health insurance plan. Page 25
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Chapter 22: The Fair Labor Standards Act
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Q1) Machinists and sewing machine operators are usually paid on a(n):
A) hourly basis.
B) piece-rate basis.
C) monthly basis.
D) lump sum basis.
Q2) The Congressional Accountability Act of 1995 extended the coverage of the Fair Labor Standards Act ? to:
A) other federal employees of including hospitals and educational institutions.
B) independent contractors to the state government.
C) employees of the Senate.
D) employees engaged in interstate commerce.
Q3) In Mumby v. Pure Energy Services, the court found that Pure Energy failed to compensate the plaintiffs for A) vacation time.
B) medical leave.
C) weekly overtime.
D) None of the above.
Q4) Describe the coverage of the FLSA.
Q5) Name three kinds of labor that have been found hazardous for minors by the Secretary of Labor.
27
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