Employment Law for Business 7th Edition by Bennett Alexander Test Bank

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Employment Law for Business 7th Edition by Bennett Alexander Test Bank

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WITH ANSWERS
Employment Law for Business 7th Edition by Bennett Alexander Test Bank

Chapter 05

Affirmative Action

 

 

True / False Questions

  1. (p. 207)If a female or minority is in an applicant pool with other non minority or female candidates, affirmative action requires the female or minority to be hired automatically.
    FALSE

 

Difficulty: 1 Easy

  1. (p. 214)An affirmative action plan should be designed to remedy past discrimination.
    FALSE

 

Difficulty: 1 Easy

  1. (p. 221)All federal employment discrimination statutes, except the Rehabilitation Act, have affirmative action requirements.
    FALSE

 

Difficulty: 3 Hard

  1. (p. 221)Under Executive Order 11246 federal contractors must agree not to discriminate in hiring on the basis of race, color, religion, gender or national origin.
    TRUE

 

Difficulty: 1 Easy


 

  1. (p. 223)The Admiralty Aircraft Company builds airplanes for the U.S. Navy. It has been determined that Admiralty has an under representation of women in executive positions. According to federal regulations, Admiralty must establish placement goals for female executives and use quotas to achieve those goals.
    FALSE

 

Difficulty: 3 Hard

  1. (p. 214)As a carpenter, Millie Mandel, a woman, is a member of a group defined by a protected trait (sex) that has been traditionally underrepresented in her unions apprenticeship program. However, Millie has not been a victim of sex discrimination by the union. Therefore, Millie is excluded from enjoying the benefits of any affirmative action plan designed to redress the historical under representation of women in the unions carpenter apprenticeship program.
    FALSE

 

Difficulty: 3 Hard

  1. (p. 226)One-for-one hiring is rarely used and only in long-standing cases of under-representation.
    TRUE

 

Difficulty: 2 Medium

  1. (p. 226-227)If there has been a finding of past discrimination, the Civil Rights Act of 1991 made it legal to adjust or alter the scores of employment related tests on the basis of race, color, religion, gender or national origin.
    FALSE

 

Difficulty: 3 Hard

  1. (p. 221)Affirmative action applies to all employers engaged in interstate commerce.
    FALSE

 

Difficulty: 2 Medium


 

  1. (p. 231, 247)In, United Steelworkers of America, AFL-CIO v. Weber, the court ordered judicial affirmative action after the courts orders had been ignored for 18 years.
    FALSE

 

Difficulty: 3 Hard

  1. (p. 237)Under the Jobs for Veterans Act of 2002, a company that has a contract with the Federal government, is required to develop an affirmative action plan for qualified disabled veterans without showing that they are underrepresented in the employers workforce.
    TRUE

 

Difficulty: 3 Hard

 

Multiple Choice Questions

  1. (p. 202)The ______ Amendment abolished slavery in 1865.
    A. Fourth
    B. Thirteenth
    C. Fourteenth
    D. Twenty-First

 

Difficulty: 2 Medium

  1. (p. 205)Segregation in the workplace was legal in many parts of the United States until
    A. the 1954 Supreme Court case of Brown v. Topeka Board of Education.
    B. the passage of the Civil Rights Act of 1964.
    C. the 1979 Supreme Court case of United Steelworkers of America, AFL-CIO v. Weber.
    D. the 1971 Supreme Court case of Griggs v. Duke Power.

 

Difficulty: 2 Medium


 

  1. (p. 212)Research shows that
    A. Nearly 90 percent of jobs are filled through word-of-mouth recruiting.
    B. Women and minorities are frequently routed into career paths like customer relations and human resources, which do not lead to top level jobs.
    C. There is little correlation between what African American and white workers score on employment tests and how they perform in the workplace.
    D. All of the above.

 

Difficulty: 1 Easy

  1. (p. 221)An affirmative action program can be created by
    A. coverage of an employer under Executive Order 11246.
    B. a judicially ordered remedy for a finding of discrimination under Title VII.
    C. voluntary affirmative action by an employer.
    D. All of the choices are correct.

 

Difficulty: 1 Easy

  1. (p. 222, 225)Northpoint is a federal contractor located in Washington, D.C., with 562 employees, of which 77 are engineers. Northpoint receives millions of dollars in contracts every year. Nearly fifty percent of the population of Washington, D.C. is African-American and nearly thirty percent of the population of the Washington, D.C. metro area is African American. However, none of the engineers employed at Northpoint is African-American. Northpoint
    A. can adopt a voluntary affirmative action plan to increase the percentage of African American engineers.
    B. can adopt a voluntary affirmative action plan after analyzing the availability of African American engineers in the Washington, D.C. metro area.
    C. Both A and B
    D. must adopt an affirmative action plan.

 

Difficulty: 3 Hard


 

  1. (p. 229)Apex Community Hospitals has contracts with the U.S. Department of Veterans Affairs (DVA) to provide health care for veterans. The Office of Federal Contract Compliance Programs found that Apex misrepresented the results of its affirmative action plan. Apex can be subject to the following remedies.
    A. Civil penalties.
    B. Canceling of the contracts and debarment from future contracts until such time as the Secretary of Labor is satisfied that Apex will comply with its obligations under Executive Order 11246.
    C. Criminal proceedings.
    D. All of the choices are correct.

 

Difficulty: 2 Medium

  1. (p. 231)Go Orange Electronics has been manufacturing computers since 1979. It employs approximately 2700 employees. In 1987, the companys EEO Department advised management that 97% of the companys supervisors were white, although the companys workforce was 38% other than white. The company decided to implement a voluntary affirmative action plan which would reserve 25% of each supervisory training class for blacks and other minorities until such time as the percentage of minorities that were supervisors was representative of the available minorities in the local labor force.
    A. this affirmative action plan is illegal because it sets a quota for the number of minorities allowed in the class.
    B. this affirmative action plan is illegal because it discriminates against white men.
    C. this affirmative action plan is legal because it is temporary, doesnt unnecessarily infringe on the rights of white employees, and is designed to eliminate the racial imbalance in supervisory positions.
    D. this affirmative action plan is legal because it only sets aside 25% of the class for minorities.

 

Difficulty: 2 Medium

  1. (p. 214)Affirmative action is used:
    A. when there is a need to address past employment discrimination.
    B. when there is a demonstrated under representation or a finding of discrimination.
    C. when employers, private or public, are motivated to achieve racial balance in the workplace.
    D. All of the above.

 

Difficulty: 2 Medium


 

  1. (p. 225)To determine if there is an under representation of women or minorities in its workforce, an employer should look at the difference between
    A. the number of women and minorities in the workforce and the number of white males in the workforce.
    B. the availability of women and minorities in the labor pool from which employees are hired and their presence in the workforce.
    C. the number of women and minorities in the workforce and the number of white males in the labor pool from which employees are hired.
    D. the number of women and minorities in the labor pool from which employees are hired and the number of white males in the workforce.

 

Difficulty: 3 Hard

  1. (p. 229)Milltown County Police Department is not complying with its own voluntary affirmative action plan to increase representation of women and minorities in the police department. Penalties for not complying with its plan include:
    A. Publication of noncompliance in the local newspaper
    B. Criminal prosecution
    C. Debarment
    D. None of the above.

 

Difficulty: 3 Hard

  1. (p. 233)Reverse discrimination:
    A. has never been acknowledged by the courts as a valid claim.
    B. occurs when a lawsuit is brought by a majority member claiming that he/she is a member of a protected class.
    C. occurs when a lawsuit is brought by a majority member claiming that he/she has been adversely affected by the use of an affirmative action plan.
    D. None of the above.

 

Difficulty: 1 Easy


 

  1. (p. 238)Valuing diversity is a concept that
    A. represents the politically correct attitude to adopt in the workplace, but has no connection to eliminating employment discrimination.
    B. encourages ethnic groups to form their own organizations to promote their culture in the workplace in an effort to combat discrimination.
    C. encourages all members of the workforce to learn to accept, appreciate and value the contributions that result from a diverse workforce.
    D. All of the choices are correct.

 

Difficulty: 3 Hard

  1. (p. 221)Executive Order 11246 requires all federal contractors
    A. with 50 or more employees and a non-construction contract of $10,000 or more to develop a written affirmative action plan.
    B. with 50 or more employees and a non-construction contract of $50,000 or more to develop a written affirmative action plan.
    C. to draft an affirmative action plan regardless of the number of employees or the size of the contract.
    D. None of the choices are correct.

 

Difficulty: 3 Hard

  1. (p. 225)Employer instituted quotas are
    A. required by Title VII and Executive Order 11246.
    B. not required by Title VII but are permitted by Executive Order 11246.
    C. not required by Title VII or by Executive Order 11246.
    D. permitted by Title VII but not required by Executive Order 11246.

 

Difficulty: 2 Medium


 

  1. (p. 230)Judicial Affirmative Action is a remedy imposed by the courts when
    A. workplace discrimination has been found in violation of Title VII and an affirmative action plan is the appropriate remedy.
    B. Federal contractors fail to comply with Executive Order 11246.
    C. voluntary affirmative action plans result in reverse discrimination.
    D. voluntary affirmative action plans fail to eliminate workplace discrimination.

 

Difficulty: 3 Hard

  1. (p. 207)One of the commonly held myths about affirmative action is
    A. that it cannot eliminate discrimination in the workplace without a diversity component.
    B. that it requires employers to hire unqualified minorities and women instead of qualified white males.
    C. that it is allowed only when there is demonstrated under representation or a finding of discrimination.
    D. All of the choices are correct.

 

Difficulty: 1 Easy

  1. (p. 227)A corporate management compliance evaluation is
    A. an evaluation used to determine if federal contractors have developed the required affirmative action plan.
    B. an evaluation used to determine whether there are artificial barriers preventing women and minorities from being promoted to mid and senior level management positions.
    C. an evaluation used to determine if the federal contractor has achieved the placement goals set by the Office of Federal Contract Compliance Programs.
    D. an evaluation of the federal contractors report addressing the under representation of women and minorities as it relates to availability in the workforce.

 

Difficulty: 3 Hard


 

  1. (p. 234, 249, 253)Nurses at City Hospital must successfully pass a test to be promoted. The test was job related and professionally developed and validated. This year, the city discovered that African American and Hispanic nurses taking the test scored significantly lower than white and Asian nurses. Therefore,
    A. based on Ricci v. DeStefano, the city should ignore the test scores in making promotions to avoid discrimination against the African American and Hispanic nurses.
    B. based on Ricci v. DeStefano, the city should use the test scores in making promotions to avoid discrimination against the white and Asian nurses.
    C. based on Johnson v. Transportation Agency, Santa Clara County, the city should ignore the test scores in making promotions to avoid discrimination against the African American and Hispanic nurses.
    D. based on Johnson v. Transportation Agency, Santa Clara County, the city should use the test scores in making promotions to avoid discrimination against the white and Asian nurses.

 

Difficulty: 3 Hard

  1. (p. 207, 227)Title VII:
    A. prohibits discrimination and prohibits affirmative action.
    B. prohibits discrimination and requires reverse discrimination.
    C. prohibits discrimination and requires affirmative action.
    D. prohibits discrimination and permits affirmative action.

 

Difficulty: 2 Medium

  1. (p. 230)In Regents of the University of California v. Bakke, the U.S. Supreme Court held that:
    A. affirmative action can be used to further the educational goal of a diverse student body.
    B. only race-neutral affirmative action is permissible under the Constitution.
    C. only race-conscious affirmative action is permissible under the Constitution.
    D. affirmative action in publicly funded schools is unconstitutional.

 

Difficulty: 2 Medium


 

  1. (p. 202)Research has shown that the group that has made the most gains under affirmative action is
    A. African-American men.
    B. African-American women.
    C. White women.
    D. Asian men.

 

Difficulty: 1 Easy

  1. (p. 221)Executive Order 11246
    A. regulates federal government contractors and lawsuits by private employees.
    B. allows private employees to sue the Secretary of Labor to compel federal contractors to comply with the provisions of the Order.
    C. is administered by the Secretary of Labor and the Office of Special Counsel.
    D. prohibits the use of affirmative action plans.

 

Difficulty: 1 Easy

  1. (p. 247)Abigail Adams University has done a self audit and identified a conspicuous racial imbalance in that 85% of their department chairs and deans are white men. They voluntarily institute a plan that mandates that future selections of department chairs and deans will be on a 1 to 1 basis until an appropriate ratio is achieved. Mike Rogers, a white male professor, has applied for a position as a dean and is rejected. He subsequently discovers that a less qualified black female was promoted into the spot he sought. If Professor Rogers files a claim based on discrimination, he will
    A. lose because suits based on reverse discrimination are barred by Title VII.
    B. win because Executive Order 11246 requires that affirmative action plans be permanent rather than temporary.
    C. win because one-for-one hiring, training or promotion programs are disfavored by the courts except to remedy long-standing resistant cases of under representation.
    D. lose because temporary plans to remedy existing injustices are permitted based on United Steelworkers of America, AFL-CIO v. Weber.

 

Difficulty: 3 Hard


 

  1. (p. 223)In 2000, the Office of Federal Contract Compliance Programs issued a comprehensive set of changes to its regulation. The changes were designed to
    A. force more employers to implement voluntary affirmative action plans.
    B. change the attitude of employers so that affirmative action plans are perceived as a management tool to ensure equal employment opportunity.
    C. require all employers to seek technical assistance from the OFCCP in order to reduce the number of faulty affirmative action plans.
    D. All of the choices are correct.

 

Difficulty: 3 Hard

  1. (p. 228)Powhatan College has become aware of under-representation of Native Americans in its workforce in the Southwestern United States. It is considering a number of steps to increase the number of Native Americans in its workforce.
    A. recruiting at community events near or on Native American reservations and at Indian tribal colleges.
    B. rating all applicants on a one hundred point scale and giving Native American applicants twenty points automatically based on their national origin.
    C. designating specific positions to be filled by Native Americans.
    D. All the choices violate the law.

 

Difficulty: 2 Medium

  1. (p. 228, 233)Affirmative action plans
    A. must follow strict guidelines to ensure that plan can withstand a challenge based on reverse discrimination.
    B. can be adopted by an employer even though a Title VII claim has not been filed.
    C. can include on-the-job training for women and minorities.
    D. All of the choices are correct.

 

Difficulty: 1 Easy


 

  1. (p. 247)In Local 28, Sheet Metal Workers v. EEOC,
    A. the court ordered the union to participate in an affirmative action plan designed to increase its black membership.
    B. the court held that the union could not be ordered to allow blacks to join as a remedy for past discrimination.
    C. the court held that the union could not be compelled to allow blacks to join because the current employees were not victims of past discrimination.
    D. All of the choices are correct.

 

Difficulty: 2 Medium

  1. (p. 214, 228, 231)Voluntary affirmative action plans
    A. are used to remedy current-day discrimination.
    B. allowed if the employer has discovered an under representation of women and minorities.
    C. are used by employers to prevent Title VII lawsuits.
    D. All of the choices are correct.

 

Difficulty: 2 Medium

  1. (p. 221)Executive Order 11246
    A. is enforced by the Equal Employment Opportunity Commission for complaints by Federal employees.
    B. as currently used, was signed by President Lyndon B. Johnson.
    C. does not allow employees to file private lawsuits for violations of the order.
    D. None of the choices are correct.

 

Difficulty: 2 Medium

  1. (p. 202)Jim Crow laws
    A. were used after slavery was abolished to segregate blacks from whites.
    B. were used after slavery by blacks to assert their rights in society.
    C. were only used to segregate the public schools after reconstruction.
    D. None of the choices are correct.

 

Difficulty: 1 Easy


 

  1. (p. 228)White Swan Motors practice of hiring only applicants recommended by its employees has been found to have an adverse impact on non-white applicants. White Swan plans to implement a voluntary affirmative action plan. Which of the following actions is not available to White Swan as part of its plan?
    A. Training and programs, including on-the-job training, for minorities to enable them to develop the skills and experience necessary to perform jobs at White Swan.
    B. Recruiting activity that is extensive and focused on identifying minority applicants for jobs at White Swan.
    C. Designate certain positions at White Swan to be filled by minority applicants.
    D. Training of existing employees on the elements of the affirmative action plan.

 

Difficulty: 2 Medium

  1. (p. 233)Reverse discrimination cases are approximately
    A. 12 percent of the EEOCs case load and are rarely found to be meritorious.
    B. 3 percent of the EEOCs case load and are often found to be meritorious.
    C. 3 percent of the EEOCs case load and are rarely found to be meritorious.
    D. 12 percent of the EEOCs case load and are often found to be meritorious.

 

Difficulty: 1 Easy

  1. (p. 223)In order for an affirmative action program to meet Office of Federal Contract Compliance Program requirements, it should
    A. develop and implement internal auditing systems that periodically measure the effectiveness of the companys affirmative action plans.
    B. set a placement goal for women and minorities for every occupation in the company.
    C. appoint a Diversity Coordinator and a Diversity Council with representatives from all parts of the company.
    D. show that the company has made at least a minimal effort to promote affirmative action.

 

Difficulty: 3 Hard

 

 

Essay Questions
 

  1. (p. 225)Distinguish between quotas and affirmative action goals.

A quota is a specified number of individuals, belonging to groups defined by protected traits that must be accorded the benefit of an affirmative action plan. Goals are targets or objectives to be strived for, without the specification of strict numerical events that must occur along the way to the achievement of the goals. Goals are appropriate for voluntary affirmative action plans, but quotas are appropriate only in very rare cases of court ordered affirmative action plans when there has been a long-standing violation of the law and other remedies will be insufficient.

 

Difficulty: 2 Medium

  1. (p. 231, 249)The Fairview County Public Library has 516 employees, including 163 librarians. A study of the library staff reveals that 3 out of 30 supervisors in the library branches are male although men make up 25% of the branch librarians. In order to increase the number of male supervisory librarians, the library decides to implement an affirmative action plan that would consider gender as one component of the decision when promoting librarians. Is this affirmative action plan valid? Explain your answer.

Yes, the Supreme Court held in Johnson v. Transportation Agency, Santa Clara County, California that a public employer could consider gender under its voluntary affirmative action plan as one factor of a promotion decision. The court compared this case to Weber stating that the voluntary affirmative action plan designed to redress a conspicuous imbalance in traditionally segregated job categories represented a moderate, case-by-case approach to a gradual improvement in the representation of women and minorities. In this situation, librarians are a category of employment in which females predominate, making it arguably reasonable to create a voluntary affirmative action plan for males.

No. Students may also want to assert that the imbalance found in the Fairview library system is not due to historical discrimination against white males. Instead, the imbalance is a reflection of past limitations on the occupations available to women, as well as the lifestyle choices made by women and men in the workplace. Affirmative action plans are part of an effort to ensure equal opportunity in the workplace and to make up for the present lingering effects of past discrimination. Men have not had to face the same employment barriers as women. Therefore, an affirmative action plan for men is not permissible.

 

Difficulty: 3 Hard


 

  1. (p. 231, 233)What is reverse discrimination and how should an employer respond to an employees claim of reverse discrimination?

Reverse discrimination refers to an instance where a member of a majority group alleges that anti-discrimination laws have caused her or him to suffer discrimination. It usually occurs in connection with a claim that the complainant has been adversely affected by the use of an affirmative action plan. An employer should be able to respond to a claim of reverse discrimination by showing the justification for the affirmative action plan. Specifically, the employer must show that the plan complies with the requirements for a voluntary affirmative action plan as articulated by the Supreme Court in Weber: (1) that the plan was implemented to address the present day effect of discrimination; (2) that the plan is temporary; (3) that the plan does not unnecessarily trammel the rights of white employees.

 

Difficulty: 2 Medium

  1. (p. 249)Why did the Supreme Court, in Johnson v. Transportation Agency, Santa Clara County, California, determine that a public employer could appropriately take gender into account under its voluntary affirmative action plan as one factor of a promotion decision?

The Court said the plan, voluntarily adopted to redress a conspicuous imbalance in traditionally segregated job categories, represented a moderate, flexible, case-by-case approach to effecting a gradual improvement in the representation of minorities and women. Consistent with Weber, the plan was acceptable because

1. It did not unnecessarily trammel male employees rights or create an absolute bar to their advancement.
2. It set aside no positions for women and expressly stated that its goals should not be construed as quotas to be met.
3. It unsettled no legitimate, firmly rooted expectation of employees.
4. It was only temporary in that it was for purposes of attaining, not maintaining, a balanced workforce.
5. There was minimal intrusion into the legitimate, settled expectations of other employees.

 

Difficulty: 2 Medium


 

  1. (p. 222)AlphaOmega Defense is a federal contractor located in Chicago. It has noticed an under representation of women and minorities in middle and top level jobs within the company. Should AlphaOmega adopt an affirmative action plan? If so, what should it consider?

If AlphaOmega has contracts with the federal government for more than $10,000, it must comply with Executive Order 11246. If it has a non-construction contract with the federal government for $50,000 or more, it must have a written affirmative action plan within 120 days of the beginning of the contract. The plan must be developed following the rules set forth in the Code of Federal Regulations. The plan must have quantitative and qualitative components. AlphaOmega must prepare an organization profile and a job group analysis. It must determine if there is an under representation of women and minorities when compared with their availability in the local labor market. It should then develop placement goals to reflect the reasonable availability of women and minorities in the geographic area.

 

Difficulty: 2 Medium

  1. (p. 210, 228, 241)Describe some lawful steps that an employer can take to bring qualified women and minorities into a workplace from which it has been determined that they have previously been excluded.

An employer can take actions that will increase the interest and availability of applicants who are women or minorities. For example, the employer can expand outreach to groups the employers has not generally made an effort to reach. This can be done by advertising in publications that have audiences of female or minority readers. Recruiting can be conducted at meetings of organizations that have high attendance by women or minorities at colleges and universities that emphasize the enrollment of women and minorities, such as all female colleges or historically black colleges and universities. Also, an employer can establish programs for mentoring, training, and management development of women and minorities. All of these steps are designed to bring into the workplace groups which the employer previously left out of the employment process.

 

Difficulty: 2 Medium

Chapter 15

Labor Law

 

 

True / False Questions

  1. (p. 715)The National Labor Relations Act made it an unfair labor practice to interfere with the formation of a labor union or discourage membership in a labor union.
    TRUE

 

Difficulty: 1 Easy

  1. (p. 719-729)Mandatory subjects of bargaining include wages, hours, and terms and conditions of employment as well as any other matter deemed necessary by a majority of the union members.
    FALSE

 

Difficulty: 1 Easy

  1. (p. 708)Yellow dog contracts are agreements employers require employees to sign promising not to strike.
    FALSE

 

Difficulty: 2 Medium

  1. (p. 717)A shop steward manages workers on behalf of the employer.
    FALSE

 

Difficulty: 1 Easy


 

  1. (p. 726)If during a strike, the employer replaces striking workers with new employees, all economic strikers have an absolute right to be reinstated if they offer an unconditional offer to return to work.
    FALSE

 

Difficulty: 3 Hard

  1. (p. 728)The Taft-Hartley Act prohibits the use of closed shops where the state in which the union is located has enacted a right-to-work law.
    TRUE

 

Difficulty: 3 Hard

  1. (p. 723)Midterm negotiations during the life of the contract are only permitted when approved by the National Labor Relations Board.
    FALSE

 

Difficulty: 2 Medium

  1. (p. 726)A wildcat strike is a strike not authorized by the union.
    TRUE

 

Difficulty: 1 Easy

  1. (p. 708, 738)The landmark case of Commonwealth v. Hunt denied employers the ability to fight strikes with charges of criminal conspiracy.
    TRUE

 

Difficulty: 1 Easy


 

  1. (p. 726)After seven months of negotiation, the union representing the Trout Mfg. employees has failed to reach an acceptable collective bargaining agreement. Trout Mfg. locks out its employees. This is an unfair labor practice.
    FALSE

 

Difficulty: 3 Hard

  1. (p. 726)In a right-to-work state, employment cannot be conditioned on union membership.
    TRUE

 

Difficulty: 1 Easy

  1. (p. 714)Judges cannot restrain any strike, regardless of its objective, and cannot restrain picketing activities.
    TRUE

 

Difficulty: 2 Medium

 

Multiple Choice Questions

  1. (p. 708, 714)Yellow dog contracts:
    A. were made illegal by Air Line Pilots Association, International v. ONeill.
    B. were declared inconsistent with U.S. public policy and not enforceable by courts in the U.S. by the Taft Harley Act.
    C. were declared inconsistent with U.S. public policy and not enforceable by courts in the U.S. by the NLRA.
    D. were declared inconsistent with U.S. public policy and not enforceable by courts in the U.S. by the Norris-LaGuardia Act.

 

Difficulty: 2 Medium


 

  1. (p. 723)A management security clause gives the employer the right to
    A. include mid-term negotiations in the collective bargaining agreement.
    B. require employees to sign an agreement stating that they do not belong to a union and wont join one.
    C. run the business and make appropriate business decisions as long as management complies with applicable laws.
    D. require the union to represent all employees fairly and without discrimination based on union membership.

 

Difficulty: 2 Medium

  1. (p. 717)The following categories of workers are covered by the National Labor Relations Act.
    A. nonsupervisory or nonmanagerial employees, including part-time workers.
    B. independent contractors.
    C. domestic workers and agricultural workers.
    D. All of the choices are correct.

 

Difficulty: 2 Medium

  1. (p. 716)The National Labor Relations Board enforces labor laws for
    A. state and local government employees.
    B. private sector employees.
    C. federal government employees in the executive branch.
    D. congressional employees.

 

Difficulty: 2 Medium


 

  1. (p. 717)The NLRA protects employees in their right to engage in concerted activities, which includes

    I. discussion of unionization by employees
    II. attempts by employees to solicit union support from another employee
    III. actions by one employee to unionize when no other employee joins him
    IV. threats of vandalism against the employer
    A. I only.
    B. I and II.
    C. I, II, III.
    D. I, II, III, IV.

 

Difficulty: 2 Medium

  1. (p. 723)A union has failed to discharge its duty of fair representation when
    A. a majority of the union members feel that is has negotiated a collective bargaining agreement that is too pro-management.
    B. the unions agreement with an employer is wholly irrational or arbitrary.
    C. the union refuses to bargain with an employer.
    D. union members fail to pay dues.

 

Difficulty: 2 Medium

  1. (p. 732-733)The Landrum-Griffin Act
    A. made stealing union funds a federal crime.
    B. created a bill of rights for union members.
    C. provided specific procedures for union elections.
    D. All of the choices are correct.

 

Difficulty: 2 Medium


 

  1. (p. 724)Big Time Manufacturing, Inc. was targeted for a union campaign. The union organizers have contacted Walter Dewberry, a bend employee, to assist them in the process of preparing to vote for union. Upon getting word that Walter was working with the union organizers, Big Time moved Walter to the night shift, working 12:00 a.m. to 8:00 a.m. with a skeleton crew of 12 employees. Big Time also instituted a new rule requiring employees to leave company property within 15 minutes of the end of their shift unless speaking with a member of management.
    A. Walter has no recourse because he is an employee-at-will.
    B. Big Time has committed an unfair labor practice.
    C. Big Time cannot be charged with engaging in an unfair labor practice because the company had not started the negotiation process with the union at the time Walters schedule was changed.
    D. Walter has violated his duty of fair representation.

 

Difficulty: 3 Hard

  1. (p. 724)An employer commits an unfair labor practice
    A. if he reinstates striking employees.
    B. if he tries to help a particular candidate get elected to a union office.
    C. if he fails to agree to include all union demands in the collective bargaining agreement.
    D. All of the choices are correct.

 

Difficulty: 2 Medium

  1. (p. 725)Employers cannot do which of the following during union campaigns?
    A. try to help employees form a union.
    B. send letters to employees homes.
    C. tell employees how good the company is.
    D. give pay raises or benefits to all workers.

 

Difficulty: 2 Medium


 

  1. (p. 726)Brian is a member of the union. His union leaders have decided to strike because management will not consider their demands for a salary increase. During the strike, management replaces the striking workers with new employees. When the strike is over:
    A. Brian is entitled to be reinstated.
    B. Brian is not entitled to be reinstated.
    C. refusal by the employer to reinstate Brian is an unfair labor practice.
    D. None of the choices are correct.

 

Difficulty: 2 Medium

  1. (p. 728)Gargantuan Industries has approached the union representatives about scheduling midterm negotiations in accordance with the collective bargaining agreement. The union refused to meet with management, claiming that there wasnt anything to negotiate.
    A. The unions refusal to bargain with Gargantuan is legal because the parties did not have a dispute prior to the request to have midterm negotiations.
    B. The unions refusal to bargain with Gargantuan is an unfair labor practice.
    C. The unions refusal to bargain with Gargantuan is an unfair labor practice in violation of the Landrum-Griffin Act.
    D. None of the choices are correct.

 

Difficulty: 3 Hard

  1. (p. 752)Laraine ORourke was the shop steward for the union at Capricorn Manufacturing. The union members discovered that Laraine had stolen $17,000 in union dues over a 10 year period. Laraine is guilty of a federal crime under
    A. the National Labor Relations Act.
    B. the Taft-Hartley Act.
    C. the Landrum-Griffin Act.
    D. the Norris-LaGuardia Act.

 

Difficulty: 3 Hard


 

  1. (p. 733)The Federal Labor Relations Authority
    A. is the agency established to administer federal sector labor law.
    B. is the counterpart to the NLRB.
    C. was established by the Civil Service Reform Act of 1978.
    D. All of the choices are correct.

 

Difficulty: 1 Easy

  1. (p. 726)Bolton Tire Manufacturing and the union came to an impasse during negotiation of the collective bargaining agreement. Specifically, they could not agree on the wage increase for the employees. The union representative reported this information to the employees, and they staged a strike without the unions authorization.
    A. The employees have engaged in an unfair labor practice strike.
    B. The employees have engaged in an economic strike.
    C. The employees have engaged in a sitdown strike.
    D. None of the choices are correct.

 

Difficulty: 3 Hard

  1. (p. 726)Long Industries was negotiating a collective bargaining agreement with the union and the union representatives refused to consider the concessions on the table for discussion. The union threatened to strike if Long did not agree to its demands and refused to continue to bargain. Long refused to accept the unions proposals and the following day, locked the employees out.
    A. The lockout was not a violation of the NLRA if done to get the union back to the bargaining table.
    B. The lockout was a violation of the NLRA.
    C. The lockout was an unfair labor practice.
    D. None of the choices are correct.

 

Difficulty: 2 Medium


 

  1. (p. 726)The union at Binder Plumbing Factory has decided to strike because negotiations on wages and working conditions have broken down. Eight days into the strike, several of the strikers take possession of the factory to prevent Binder from hiring replacement workers. This is called
    A. a sympathy strike.
    B. a wildcat strike.
    C. a sitdown strike.
    D. None of the choices is correct.

 

Difficulty: 3 Hard

  1. (p. 724, 732)Under the Landrum Griffin Act, it is an unfair labor practice for management to
    A. contribute money to political campaigns opposed to unions.
    B. discriminate against employees based on union membership.
    C. lobby for right-to-work laws in the state.
    D. None of the choices is correct.

 

Difficulty: 2 Medium

  1. (p. 719-720)Cordova has been involved in negotiations with the union representing her employees for over seven months. An agreement has not been reached on any issue, although Cordova has made concessions from her original position. She is unwilling to make further concessions. If no agreement is reached within a reasonable amount of time:
    A. Cordova will be liable for having committed an unfair labor practice, because the law presumes that an agreement must be reached if the parties bargain in good faith.
    B. the Norris-LaGuardia Act permits the union to impose terms and conditions substantially similar to those enjoyed by similarly situated workers.
    C. Cordova will not be liable for having committed an unfair labor practice, because the law does not require that an agreement be reached, only that the parties bargain in good faith.
    D. the National Labor Relations Act permits the National Labor Relations Board to impose terms and conditions substantially similar to those enjoyed by similarly situated workers.

 

Difficulty: 3 Hard


 

  1. (p. 725)During a unionizing campaign, the employer is permitted to:
    A. assist the employees to form the union.
    B. let employees hold antiunion meetings at work.
    C. send letters to employee homes.
    D. ask about union meetings or union activities.

 

Difficulty: 2 Medium

  1. (p. 730)Sharon is not required to join the union that represents coworkers at her place of employment, which happens to be an agency shop. This means that:
    A. she must, nevertheless, pay union dues.
    B. she need not pay union dues.
    C. she must negotiate her own wages and hours.
    D. she is, nevertheless, bound by the rules and regulations of the union.

 

Difficulty: 2 Medium

  1. (p. 730)Individuals in a bargaining unit who do not pay dues to the union and who do not join the union representing the unit are called:
    A. free riders.
    B. yellow dog riders.
    C. exempt employees.
    D. independent contractors.

 

Difficulty: 2 Medium

  1. (p. 730-731)A union can use its nonmember service fees for:
    A. political activities that are germane to collective bargaining.
    B. all activities undertaken by a unions officers on behalf of the union.
    C. bribery payments to local government officials.
    D. None of the choices is correct.

 

Difficulty: 3 Hard


 

  1. (p. 732)Preventing and addressing corruption in the operation of unions is the purpose of:
    A. the Wagner Act.
    B. the Norris LaGuardia.
    C. the Landrum-Griffin Act.
    D. the Taft-Hartley Act.

 

Difficulty: 1 Easy

  1. (p. 719-720)The Steelworkers Local represents the employees at Cochran Tile Mfg. The union wishes to negotiate a collective bargaining agreement over the wages, hours, and working conditions at Cochran, but Cochran refuses to even speak to officials of the union:
    A. Cochran is guilty of an unfair labor practice, for refusing to bargain over permissive subjects of bargaining.
    B. Cochran is not guilty of an unfair labor practice, if it can demonstrate that its employees currently enjoy wages, hours, and working conditions substantially similar to what they would have under a collective bargaining agreement.
    C. Cochran is guilty of an unfair labor practice, for refusing to bargain over mandatory subjects of bargaining.
    D. Cochran is not guilty of an unfair labor practice, if it enters into an agreement with the NLRB stating that it will provide its employees with the same wages, hours, and working conditions sought by the union but without the unions presence.

 

Difficulty: 3 Hard

  1. (p. 753)Madeline is a unionized civil servant, working for the U.S. International Revenue Commission, a federal agency. She believes that she and her coworkers have been the subject of an unfair labor practice on the part of their employer. Claims based on this belief are handled by:
    A. the Equal Employment Opportunity Commission.
    B. the Merit Systems Protection Board.
    C. the National Labor Relations Board.
    D. the Federal Labor Relations Authority.

 

Difficulty: 2 Medium


 

  1. (p. 714)The Norris-LaGuardia Act provided for each of the following except:
    A. injunctions could not be used to prohibit any person from participating in a labor dispute.
    B. labor unions could provide relief funds to strikers.
    C. yellow dog contracts were directly outlawed.
    D. collective bargaining was endorsed as a matter of public policy.

 

Difficulty: 3 Hard

  1. (p. 732)The Landrum-Griffin Act includes a bill of rights for union members, which provides that union members have the right to:
    A. attend meetings and vote on union business
    B. bring a court action against the union after exhausting union procedures
    C. have a full and fair hearing when being disciplined by the union
    D. All of the choices are correct.

 

Difficulty: 1 Easy

  1. (p. 734)The most important difference between the public and private collective bargaining is that
    A. the federal government and most state collective bargaining statutes do not contain the right of public employees to strike.
    B. only unions representing federal, state, and local government employees lobby Congress.
    C. the unions that represent private sector workers are not allowed to represent federal, state, and local government employees.
    D. unions representing federal, state, and local government employees are not covered by the Landrum Griffin Act.

 

Difficulty: 2 Medium

  1. (p. 707)The sector of the economy with the highest percentage of union members is
    A. agriculture.
    B. local government.
    C. federal government.
    D. transportation and utilities.

 

Difficulty: 2 Medium


 

  1. (p. 713)A maquiladora is
    A. a type of lunch usually eaten by union workers in the Southwestern United States.
    B. a shop steward in an American factory where most of the employees are Mexican immigrants.
    C. a factory in Mexico that imports materials on a duty-free basis for assembly or manufacturing by cheap labor who often work in substandard conditions and then sends the finished product to another country, such as the country which was the source of the materials.
    D. a factory in Mexico that produces maquilas to be worn on little Dora dolls.

 

Difficulty: 1 Easy

  1. (p. 715)The National Labor Relations Act is also known as the
    A. Landrum-Griffin Act.
    B. Taft-Hartley Act.
    C. Norris-LaGuardia Act
    D. Wagner Act.

 

Difficulty: 2 Medium

  1. (p. 728)In a state with a right-to-work law
    A. the employer and union agree that all members of the bargaining unit will join the union within a certain amount of time after becoming employed.
    B. it is prohibited for a union and an employer to enter into an agreement that requires union membership or payment of union dues or fees as a condition of employment.
    C. only persons who are already members of the union have the right to work for employers who have negotiated contracts with the union.
    D. all employees are required to be free riders.

 

Difficulty: 1 Easy


 

  1. (p. 709)While building a new baseball park in Upper City, the Big League Concrete Company subcontracts with Cushy Seating to install the seats. The construction workers at Big League are represented by the International Union of Stadium Employees (IUSE). Cushy is a non-union employer and has rebuffed efforts by IUSE to get it to sign a collective bargaining agreement with the union. The IUSE sends email and letters to the workers of Big League asking them not to report to work until Cushy signs a union contract or Big League replaces Cushy with a union subcontractor. The IUSE has committed the unfair labor practice of
    A. refusing to bargain with an employer.
    B. engaging in a secondary boycott.
    C. causing an employer to discriminate against an employee.
    D. None of the choices are correct.

 

Difficulty: 3 Hard

  1. (p. 726)PurrFect Litter Clay Mines employees are represented by a union. All of the employee mechanics who repair the companys equipment worked on the day shift, which meant that if the equipment broke down on one of the other shifts, PurrFect had to pay overtime or suffer lost production. PurrFect proposed to the union that the mechanics be divided among all three shifts to solve the problem but the union refused. Thereafter, PurrFect unilaterally changed the shift assignments in accordance with its proposals. The union filed an unfair labor practice charge and went on strike. PurrFect replaced the striking mechanics. Later, the NLRB found that PurrFect had committed an unfair labor practice. If the striking mechanics make an unconditional offer to return to work, PurrFect
    A. must reinstate the mechanics because they were unfair labor practice strikers.
    B. does not have to reinstate the mechanics because they were economic strikers.
    C. does not have to reinstate the mechanics because they were sympathy strikers.
    D. must reinstate the mechanics because they were wildcat strikers.

 

Difficulty: 2 Medium


 

  1. (p. 728)The Technological Institute permits employees to use their work computers to send personal e-mail messages. The Institute also has a policy that prohibits any employee, whether or not a representative of the Union, from using the electronic mail to distribute any union literature or notice. Employees have sent personal email of jokes, poems and notices of community events, and on such topics as boredom, drugs, higher education, the IRS, mortality, philosophy, TV programs, religion, diseases, and words of wisdom. The Institute
    A. committed the unfair labor practice of discriminating in the hiring or tenure of employment to discourage membership in a labor organization.
    B. committed the unfair labor practice of refusing to bargain with the representatives of the employees.
    C. committed the unfair labor practice of interfering with, restraining, or coercing employees in the exercise of their rights under the NLRA.
    D. has not committed an unfair labor practice because employers are allowed to promulgate and enforce no-solicitation rules.

 

Difficulty: 3 Hard

  1. (p. 740)The court stated, On this state of things, we cannot perceive, that it is criminal for men to agree together to exercise their own acknowledged rights, in such a manner as best to subserve their own interests in:
    A. Gimrock Construction, Inc. and International Union of Operating Engineers, Local 487
    B. Electromation v. NLRB
    C. Commonwealth v. Hunt
    D. None of the choices is correct.

 

Difficulty: 3 Hard

 

 

Essay Questions
 

  1. (p. 717-724)Union representatives of Penderton Bakery make a formal request of management to meet to discuss wage increases, health-care benefits, holiday pay, the amount of union dues, and the frequency of union elections. Management rejected the request outright, but did raise wages by two percent for all employees. Discuss managements actions under NLRA.

Under the NLRA, Penderton must bargain in good-faith on mandatory subjects of bargaining. In this case, mandatory matters include: wage increases, health-care benefits, and holiday pay. The law requires that the parties bargain in good-faith and it is an unfair labor practice not to bargain in good-faith over mandatory matters. The law does not require agreement, but it does require discussion in good-faith. Penderton can bargain over permissive matters. In this case, permissive matters include: the amount of union dues and the frequency of union elections. However, managements refusal to bargain over permissive matters does not violate NLRA. According to the court in Columbia Portland Cement Co. NLRB, it is an unfair labor practice, under NLRA, for management to grant a unilateral wage increase without consulting the union.

 

Difficulty: 2 Medium

  1. (p. 734)What is the primary difference between public and private sector employees with regard to collective bargaining? Is there another significant difference for federal employees? Discuss your answer.

The most important difference between public and private collective bargaining is that federal government and most state statutes do not allow public employees to strike. Public employees are not allowed to strike because of the need to protect health and safety as well as the fact that the government is the sovereign. Yes, there is another significant difference for federal employees. They cannot bargain over wages, hours, or benefits.

 

Difficulty: 2 Medium


 

  1. (p. 714, 715, 727, 732)List and briefly describe the purpose of the four major federal statutes that regulate and protect union activity. [This question can be offered as up to four separate questions.]

The four major federal statutes regulating and protecting union activity are the Norris-LaGuardia Act, the Wagner Act (also known as the National Labor Relations Act), the Taft-Hartley Act and the Landrum-Griffin Act.

1. The Norris-LaGuardia Act endorsed collective bargaining as a matter of national public policy for the first time. It sharply curbed the power of the courts to intervene in labor disputes, particularly the use of the injunction. Under this law, judges cannot restrain a strike, regardless of its objective, and cannot restrain picketing activities. Also, the Act allows a labor union to provide relief funds to its strikers, to publicize its labor disputes (i.e., picketing), and to urge other employees to join the conflict. Norris-LaGuardia also allows a union to act in defense of a person prosecuted for his or her actions or to prosecute an action under the workers contract. It also made the yellow dog contract unenforceable in court.

2. The Wagner Act established the right of employees to engage in union activity, to bargain collectively, and to strike. It created the National Labor Relations Board (NLRB), which was empowered to resolve disputes between unions and employers, including the issuance of remedial orders that are enforceable in the courts. It also introduced the concept of unfair labor practices.

3. The Taft-Hartley Act was enacted as an amendment to the NLRA to curb excesses by unions. The Act changed the policies of the NLRA so that the resources of the government were to be balanced regarding unions and employers. Congress wanted employers, employees, and labor organizations to recognize one anothers legitimate rights and made the rights of all three subordinate to the publics health, safety, and interest. In addition, employees were given the right to refrain from concerted activity, including union activity and a category of union unfair labor practices was created. Finally, the closed shop (where

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