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Business Law
Q:
The civil law arose in the eleventh and twelfth centuries as the English monarch appointed royal judges to ride circuits around the English countryside and to resolve disputes in the name of the king (or queen).
Q:
Louisiana is the only state in the United States that follows a partial civil law system due to its historical ties with France, a civil law nation.
Q:
The common law relies more on legislation than judicial decisions to determine what the law is.
Q:
Jurisprudence is the rule of law.
Q:
Natural law theory asserts that law contains universal moral principles.
Q:
Sociological jurisprudence emphasizes that contemporary law should focus on legal principles that have withstood the test of time in a nation.
Q:
Jurisprudence refers to the general body of law interpretations by judges as different from legislation passed by legislators.
Q:
Legal realism is the idea that courts should understand the meaning of the Constitution relative to the times in which they interpret it.
Q:
The first known written set of laws was the Code of Hammurabi.
Q:
Rule-of-law nations adopt laws supporting the private market because it is in everyones interest, including the lawmakers.
Q:
Common property applies to public resources owned by the government (or state) like roads, public buildings, public lands, and monuments.
Q:
Contract law compensates owners whose resources are wrongfully harmed by the actions of others.
Q:
Regulatory law forbids owners from monopolizing classes of resources and sets rules for how businesses can compete to acquire ownership in new resources.
Q:
Law is considered to be an informal social force.
Q:
ACE at its Maspeth, New York facility consolidates, containerizes and forwards cargoes for sea shipment and removes incoming cargoes from containers. KAS, with offices in New York City, is an incorporated association of employers engaged in various operations involved in the shipment of cargo, freight and transportation of passengers in and out of the Port of New York. The Union is a labor organization. ACE contends that this loading and unloading had been performed by the Union members. Now instead of the Union the Trucking Co. performed the work of filling the containers with respect to outgoing cargoes and the unloading of incoming containers on ACE's Maspeth premises. ACE contends Union has been successful in getting KAS, including its employer-members to cease furnishing containers to ACE and to stop handling freight for ACE. What is this kind of activity by the Union referred to as? Is it legal?
Q:
Under what conditions is picketing to force an employer to recognize an uncertified union an unfair labor practice?
Q:
What are the six unfair labor practices by unions as established by the Taft-Hartley Act?
Q:
ColdBev is a California corporation engaged in the production, bottling, and distribution of beverages. In March 1949 it entered into a collective bargaining agreement concerning the wages, hours, and working conditions of its nonsupervisory employees with the United Employees' Association. Beginning in June 1949 the union engaged in activities designed to compel the company to recognize the union as the exclusive bargaining representatives of the company's employees. To enforce their demand for recognition, the union began peaceful picketing of retail stores which sold the plaintiff's products. Picket signs announced that the company's products were made by workers who were not members of the United Employees' Association. What are the activities indulged in by the United Employees' Association termed as? Are the activities legal?
Q:
Carpenters Brotherhood is a registered union with Fidelity Interior Construction. Fidelity Interior Construction started using non-union workers unable to fulfill the constant and unreasonable demands of the union. In retaliation the union launched a campaign to prevent the hiring of nonunion workers. It sent out "warning letters" to building owners, property managers and general contractors indicating it would retaliate against anyone doing business with Fidelity Interior Construction. If they didn't comply, the union emphasized that the business would be subject to picketing, noisemaking, chanting and other forms of worksite pressure. What is this kind of activity termed as? Are they legal?
Q:
In the days of wood and coal engines, having a fireman on board a train was a reasonable requirement. But as diesel and electric engines came into use fire men were not required on the trains anymore. Despite that railroad companies were often required by the union contract to continue to employ firemen. What is this kind of unfair labor practice termed as?
Q:
When a threatened or actual strike or lockout, affecting an entire industry, that imperils national health or safety occurs or is imminent, what procedures does the Taft-Hartley Act mandate?
Q:
Drake worked for New Health, Inc, which placed him within a collective bargaining unit represented by a union. He was told that if he did not join the union and pay dues, he would be fired. Drake filed an unfair labor practice charge against the union and his employer with the NLRB. His employer dismissed the complaint on the grounds it is the official policy of the company. Is the company correct in making membership of an union mandatory for employment?
Q:
An organization informed the job applicants that they have to join one of the two unions in order to apply for a job in the organization. Two of the applicants had ideological differences and they therefore refused to join either of the unions. The third one had a dispute with one of them and therefore he too refused to join either of the unions. The applications of all the three individuals were dismissed on the grounds that joining one of the unions is the condition for employment. Does this act violate the Taft-Hartley Act?
Q:
What rights do workers enjoy in states with right to work laws? What is the worker's and the union's responsibility in such states?
Q:
A particular hospital placed a restriction on the use of e-mail by its employees. Employees regularly use the hospital computer system to communicate with each other on union matters. The hospital had never warned the union that its messages were being blocked which included one message which had urged unit member not volunteer for certain assignments. Is the blocking of the e-mail an example of an unfair labor practice?
Q:
Name the issues that are classified as compulsory bargaining issues in union negotiations?
Q:
Mention the personnel who are exempt from the NLRB'S authority?
Q:
Apart from elections what is the other method of certifying an union?
Q:
Under the Wagner Act, what are the five unfair labor practices by management?
Q:
A union of American seamen was peacefully picketing a foreign ship operated entirely by a foreign crew under foreign articles while temporarily in an American port. They were protesting against loss of livelihood by American seamen to foreign flagships with substandard wages or substandard conditions and in order to prevent the foreign ship from unloading its foreign cargo in the American port. Does the federal court have the power to issue injunctions in the above case?
Q:
In a case involving interstate commerce, union carpenters refused to work for a brewing company by which they were employed, or on construction work being done for it and for its adjoining tenant; they attempted to persuade members of other unions similarly to refuse to work; they picketed the brewer's premises, displaying signs "Unfair to Organized Labor". In this case, are the actions of the employees protected from federal prosecution?
Q:
Suppose nearly three-quarters of a million teachers, immigration officials, court workers, and other unionized civil servants were on a 24 hour strike. These workers were protesting harsh austerity policies by the American government that will ask poor and middle class Americans to sacrifice in the form of pension costs and pay cuts, but leave the rich largely untouched. Can this strike be enjoined by the Federal Courts?
Q:
What is meant by the term, "unfair labor practices"?
Q:
Name at least four of the specific actions not subject to federal injunction by the Norris-LaGuardia Act.
Q:
United Workers called a strike at the Manfield Coal Company in Benwood, West Virginia. The impoverished mine workers quickly caved and asked to be rehired. The mine owners agreed but only on one condition. The workers had to surrender their union charter and agree to a company union. The management made it a condition of employment that employees agree not to join a labor union. What is the kind of the contract that the mine workers have entered into?
Q:
How was the National Mediation Board established and what are its primary functions?
Q:
The Landrum-Griffin Act prohibits:
A. secondary boycotts.
B. strikes.
C. lockouts.
D. yellow-dog contracts.
E. whistleblowing.
Q:
A hot cargo contract:
A. refers to picketing by employees and/or a union of a business not directly involved in a labor dispute for the purposes of bringing pressure to bear on the business of an employer who is.
B. refers to an union requiring the employer not to force employees to handle materials going to or coming from an employer designated by the union as "unfair.
C. refers to is an agreement between an employer and an employee in which the employee agrees, as a condition of employment, not to be a member of a labor union.
D. refers to demanding payment for work no longer performed by workers because of automation or robotification.
E. refers to a contract given to a worker who refuses to join coworkers in a strike.
Q:
Picketing to force an employer to recognize an uncertified union is an unfair labor practice when:
A. the employer has refrained from recognizing another union as the collective bargaining agent of its employees.
B. picketing has been conducted with an aim to force the employer to engage in a secondary boycott.
C. a valid representation election has been conducted by the NLRB within the past 12 months.
D. picketing has been conducted for an unreasonable time, in excess of 10 days.
E. picketing has been conducted even with a petition for a representation election being filed with the NLRB.
Q:
An agreement between an employer and a union in which the employer agrees not to force employees to handle goods or materials going to or from a second employer deemed by the union to be unfair is called a/an:
A. free rider contract.
B. redundant cargo contract.
C. secondary cargo contract.
D. hot cargo contract.
E. yellow-dog contract
Q:
The Landrum-Griffin Act is also known as the _____
A. National Labor Relations Act
B. Labor-Management Reporting and Disclosure Act
C. Railway Labor Act
D. Employment Bill of Entitlements Act
E. Federal Arbitration Act
Q:
Which of the following statements holds true for a local union?
A. It must observe the international union's constitution and bylaws.
B. It can disregard national bylaws if the local membership has an election and votes to do so.
C. It is bound by international bylaws only if the unanimous approves.
D. It cannot be sued by anyone except the national union of which it is a part.
E. All of these.
Q:
Which of the following statements holds true for unions?
A. They represent all employees in the bargaining unit without discrimination.
B. They represent only dues-paying members of a bargaining unit.
C. They enter bargaining negotiations only when a significant number of members are involved.
D. All of these.
E. None of these.
Q:
The dispute in a jurisdictional strike is between:
A. the employee and the union.
B. two employees.
C. the national and local chapters.
D. two unions.
E. the government and the union.
Q:
Jurisdictional strikes:
A. are a good tool to force negotiation.
B. involve more than one employer.
C. are an unfair labor practice.
D. help unions gain bargaining position.
E. helps the employers to rein in erring unions.
Q:
Laws that prohibit agreements requiring membership in a labor organization as a condition of continued employment is known as a _____ law.
A. right-to-work.
B. right to remain independent
C. right-to-self-determination
D. right to choice.
E. right-to-information
Q:
Mike is an employee at a company that is unionized. However, it is located in a right-to-work state. Which of the following is a correct in this case?
A. Mike is required to pay a non-association fee.
B. Mike is required to pay representation fees to the union.
C. Mike is outside the purview of the collective bargaining agreement.
D. The union must handle Mike's grievances, if any, with management.
E. Mike has to enter into an agreement requiring membership in a union as a condition of continued employment.
Q:
Which of the following statements holds true for suits against unions?
A. Individuals, violating no-strike provisions of a collective bargaining contract can be sued for action.
B. A labor organization may not be sued for the acts of its agents.
C. Members may not recover the money damages they suffer because of an illegal strike.
D. If a union activity is both an unfair labor practice and a breach of a collective bargaining agreement, NLRB's authority is not exclusive.
E. Any money judgment against an union is enforceable against any individual member.
Q:
Which of the following is a provision of the Taft-Hartley Act?
A. It permitted suits to be filed by union members for breach of contract against unions.
B. Individuals can be sued for violating no-strike provisions of a collective bargaining contract.
C. It created the National Labor Relations Board (NLRB) to administer the act.
D. It established and defined six unfair labor practices by employers.
E. It authorized the NLRB to conduct hearings on unfair labor practice allegations
Q:
Lois has applied for a job at Nadia Markets, a grocery store chain. She is told that after thirty days she is required to join the union representing the Nadia employees. Nadia is:
A. an agency shop.
B. a union shop.
C. a right to work shop.
D. committing an unfair labor practice and violating the law.
E. an open shop.
Q:
A place of employment that requires a person to be a union member before applying for a job is said to be a _____ shop.
A. limited access
B. open
C. closed
D. mandatory membership.
E. agency
Q:
The Taft-Hartley Act provides injunction power against:
A. all strikes and lockouts.
B. strikes and lockouts that create a national emergency.
C. strikes and lockouts that involve interstate sale of goods.
D. shutdown of companies in cases involving natural disasters.
E. mass layoffs by companies in cases involving right sizing
Q:
The Federal Mediation and Conciliation Service was created to achieve the goals of the _____.
A. Clayton Act
B. Sherman Act
C. Wagner Act
D. Taft-Hartley Act
E. Comstock Act
Q:
The faculty of a college or university is unionized. They vote to strike. Which of the following would apply under the Taft-Hartley Act?
A. A 60 day cooling off period.
B. An 80 day cooling off period.
C. A 90 day cooling off period.
D. No cooling off period would apply.
E. They would be held guilty of precipitating a state of national emergency.
Q:
_____ are those issues concerned with wages, hours, and other terms and conditions of employment.
A. Voluntary bargaining issues
B. Optional bargaining issues
C. Secondary bargaining issues
D. Compulsory bargaining issues
E. Alternative bargaining issues
Q:
Collective bargaining subjects are first classified as mandatory or voluntary by:
A. executive orders.
B. legislative enactment.
C. NLRB decisions.
D. the Sherman Act.
E. the Comstock Act.
Q:
Which of the following statements holds true for bargaining between an employer and the union concerning a mandatory subject of bargaining?
A. In-plant food and related services are not compulsory bargaining issues.
B. Wages are compulsory subjects, while bonuses are not.
C. Courts tend to defer to the NLRB in classifying collective bargaining subjects.
D. Under no circumstances can parties take steps that are against best interests of the other party.
E. Neither the employer nor the union must make concessions to the other.
Q:
The Taft-Hartley Act was designed to:
A. strengthen labor union's bargaining power.
B. limit management retaliation for unionization.
C. help ensure fairness in negotiations in the wake of the Wagner Act.
D. strengthen antitrust laws.
E. establish a federal minimum wage.
Q:
After a valid election to certify a union has been conducted by the NLRB, another election is:
A. permitted within six months regardless of whether the union wins the certification vote.
B. permitted within six months regardless of whether the union wins or loses the certification vote.
C. is not permitted for three years regardless whether the union wins or loses the certification vote.
D. is not permitted for one year regardless whether the union wins or loses the certification vote.
E. is not permitted for five years regardless whether the union wins or loses the certification vote.
Q:
Which of the following statements holds true for the certification of a union by cards?
A. Employers do not have the option to insist on an election.
B. Employers do not need to recognize the union based on a majority card showing.
C. Under no circumstances can cards substitute for an election.
D. The general counsel of the NLRB has to prove that the employees read the cards.
E. The NLRB may not issue a bargaining order under any circumstances.
Q:
Under the Wagner Act, any organization of employees must:
A. be completely independent of their employers.
B. be approved by their employer.
C. have an established meeting place at their place of employment.
D. have equal access to company equipment and support staff.
E. be established on the recommendation of the Department of Labor.
Q:
Which of the following actions by an employer violates the Wagner Act?
A. Threatening to fire any employees that vote to certify a union
B. Providing refreshments to those attending a union meeting
C. Refusing to allow an employee to have a union representative present when the employee is being questioned about a theft that occurred on the premises
D. All of these
E. None of these
Q:
The NLRB has jurisdiction over:
A. governmental employees.
B. persons covered by the Railway Labor Act.
C. agricultural laborers.
D. employees of private transportation enterprises.
E. independent contractors.
Q:
Which of the following agencies has been granted the authority to conduct quasi-judicial hearings to investigate and enforce sanctions in case of unfair labor practices?
A. Federal Labor Relations Authority
B. National Mediation Board
C. National Credit Union Administration
D. National Labor Relations Board
E. Federal Mediation and Conciliation Service
Q:
Which of the following holds true for elections to certify unions?
A. They are public and open to any employee.
B. They are by secret ballot.
C. They are supervised by state appointed labor representatives.
D. They need not be recognized by management.
E. They must be agreed to by all the employees.
Q:
For the NLRB to conduct a union election, it must receive:
A. a request from 10% of eligible employees.
B. a petition from management.
C. a request from other chapters of the specific union.
D. a petition signed by at least 30% of employees.
E. a directive from the Department of Labor.
Q:
The NLRB assumes jurisdiction over:
A. independent contractors and household domestic workers.
B. employees of the railways and airlines.
C. retail enterprises with a gross volume of $500,000 or more a year.
D. employees who work for their spouse or parents.
E. all employees of the federal and state governments.
Q:
Congress explicitly affirmed labor's right to organize and to bargain collectively in the:
A. Wagner Act.
B. Taft-Hartley Act.
C. Norris-LaGuardia Act.
D. None of these.
E. Comstock Act.
Q:
The members of the NLRB are appointed by:
A. Congress.
B. the president.
C. the Senate.
D. the House of Representatives.
E. the Department of Labour
Q:
Which of the following is exempt from the authority of the NRLB?
A. All nonretail operations
B. Independent contractors
C. Interstate transportation enterprises
D. Television stations
E. Private universities
Q:
The National Mediation Board was created by the:
A. Railway Labor Act.
B. National Labor Relations Act.
C. Labor-Management Relations Act.
D. Labor Management Reporting and Disclosure Act.
E. Child Labor Act
Q:
Yellow dog contracts were made illegal through the enactment of the:
A. Clayton Act.
B. Norris LaGuardia Act.
C. Wagner Act.
D. Sherman Act.
E. Comstock Act
Q:
Employee agreements not to join unions as a condition of employment were known as _____ contracts.
A. anti-fraternization
B. yellow-dog
C. anti-socialization
D. featherbedding
E. free rider
Q:
Which of the following statements holds true for the collective bargaining process of the National Mediation Board?
A. A period of six months is stipulated for a special emergency board to make recommendations for settlement.
B. It prohibits voluntary arbitration.
C. The special emergency board appointed by the NMB cannot issue judicial injunctions.
D. It is mandatory for parties to comply with a special emergency board's proposals.
E. It considers lockouts by management and strikes by workers illegal.
Q:
The Norris-LaGuardia Act:
A. restricts the use of federal court injunctions in labor disputes.
B. limits the jurisdiction of state courts in issuing injunctions.
C. bars an injunction from being issued to enjoin illegal strikes.
D. permits injunctions against persons striking or quitting work.
E. permits paying unemployment benefits to participants in a labor dispute.
Q:
The Wagner Act is also known as the:
A. Labor-Management Relations Act.
B. National Labor Relations Act.
C. Railway Labor Act.
D. LMRDA Act.
E. Federal Arbitration Act.
Q:
The largest union in the U.S. is the:
A. AFL-CIO.
B. United Auto Workers.
C. Teamsters Union.
D. National Education Association.
E. Industrial Workers of the World
Q:
The Clayton Act of 1914 was passed principally to:
A. force employers to pay a minimum wage.
B. ensure shorter work weeks.
C. strengthen the antitrust laws.
D. establish a national labor relations board.
E. enable management control over workers.
Q:
The first federal statute of importance to the labor movement was the _____ which was passed to strengthen the antitrust laws.
A. Clayton Act
B. Railway Labor Act
C. Norris LaGuardia Act
D. Wagner Act
E. Comstock Act
Q:
One reason for the relative strength enjoyed by management was the fact that it argued that employees acting together were restraining trade illegally under the _____.
A. Taft-Harley Act
B. Wagner Act
C. Norris-LaGuardia Act
D. Clayton Act
E. Sherman Act