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Law
Q:
The injunction provided for in the Taft-Hartley Act is applicable to all strikes.
Q:
Workers in right-to-work states who do not belong to a union are still required to pay representation fees to the union.
Q:
Under the Wagner Act, any organization of employees must be completely independent of their employers.
Q:
The law does not oblige an employer to favor union members in hiring employees.
Q:
A partial business closing to deter unionizing is an unfair labor practice.
Q:
Questions relating to fringe benefits are compulsory bargaining issues because they are wages.
Q:
Raising prices in cafeteria vending machines is considered a compulsory bargaining issue.
Q:
Refusing to reduce agreements to writing when negotiating is considered a fair labor practice.
Q:
Requiring job applicants to state on a questionnaire whether they would cross a picket line in a strike is illegal.
Q:
An employer may legally permit a union to use their telephones and copy machines as long as they do not charge the union a fee.
Q:
To comply with the requirement that they bargain collectively in good faith, employers must ensure that they are willing to provide monetary support to unions.
Q:
The Supreme Court has held that an employer who reports the possible existence of illegal aliens to the Immigration and Naturalization Service engages in an unfair labor practice when that report is closely associated with the employees approval of a labor union as their bargaining agent.
Q:
An employer cannot file a petition for an election to invalidate certification of an incumbent union.
Q:
During the National Labor Relations Boards (NLRBs) certification of a union as the bargaining agent for a group of employees, the general counsel of the NLRB needs to prove that the employees read or understood the cards.
Q:
Once an employer recognizes a unionno matter how informallythe employer is bound by the recognition and loses the right to seek an election.
Q:
The conferring of additional benefits by employers on employees considering unionization can be considered an unfair labor practice.
Q:
An employer may voluntarily recognize that its workers want to have a certain labor union represent them.
Q:
The Norris-LaGuardia Act limits the jurisdiction of state courts in issuing injunctions in labor disputes.
Q:
If unfair labor practices are found to exist, the National Labor Relations Board is empowered to take corrective action and award dollar damages to unions and employees.
Q:
Administrative law judges are responsible for the initial conduct of hearings in unfair labor practice cases.
Q:
The National Labor Relations Board is responsible for conducting representation elections.
Q:
The National Labor Relations Board exercises jurisdiction over government employees.
Q:
In the context of union certification elections, votes to certify a union or to rescind a unions authority can take place by petition.
Q:
The Norris-LaGuardia Act prohibits injunctions to be issued to enjoin strikes by public employees.
Q:
The smallest unions in the United States represent teachers, government employees, and service workers.
Q:
Collective bargaining is the process by which two unions negotiate and reach agreements on matters of importance to the employees.
Q:
Collective bargaining can be successful only if the bargaining power of the parties involved is unequal.
Q:
The Clayton Act expressly granted employees the protected right to join a union.
Q:
Carpenters United is a registered union with CastIron Construction Corp. CastIron Construction started using nonunion workers who were 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 that it would retaliate against anyone doing business with CastIron Construction. If they didnt comply, the union emphasized that the business would be subject to picketing, noisemaking, chanting, and other forms of worksite pressure. What are these kind of activities termed as? Are they legal?
Q:
ACE Inc. consolidates and forwards cargoes for sea shipment. KAS Inc., a manufacturer of shipment containers, is a supplier for ACE. The employees at KAS Inc. are members of the Shippers Union. The union has been successful in getting KAS to stop handling freight for ACE. What is this kind of activity by the union termed as? Is it legal?
Q:
Under what conditions is picketing to force an employer to recognize an uncertified union an unfair labor practice?
Q:
A union is basically workers organizing their collective voices to increase their ability to communicate with their employer.
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 refused to join either of the unions. The third one had a dispute with one of them, and 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 workers and the unions responsibility in such states?
Q:
In the days of wood and coal engines, having a fireman on board a train was a reasonable requirement. However, as diesel and electric engines came into use, firemen were not required on trains anymore. Despite this, railroad companies were often required by the union contract to continue to employ firemen. What term refers to this kind of unfair labor practice?
Q:
What are the six unfair labor practices by unions as established by the Taft-Hartley Act?
Q:
ColdBev Inc. is a Californian 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. At the beginning of June 1949, the union engaged in activities designed to compel the company to recognize it as the exclusive bargaining representatives of the companys employees. To enforce their demand for recognition, the union began the peaceful picketing of retail stores which sold the companys products. Picket signs announced that the companys 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:
What are the major provisions of the Taft-Hartley Act?
Q:
When a threatened or actual strike or lockout affecting an entire industry imperils national health or safety, what procedures does the Taft-Hartley Act mandate?
Q:
Drake worked for New Health Inc. This company was represented by a union. He was told that if he did not join the union and pay his dues after 30 days, he would be fired. Drake filed an unfair labor practice charge against the union and his employer with the National Labor Relations Board. The complaint was dismissed on the grounds that it is the official policy of the company. Is the company allowed to make membership of a union mandatory for employment?
Q:
When can a party to labor negotiations present a demand to bargain about a voluntary issue? What does tying a voluntary bargaining issue to a compulsory bargaining issue result in?
Q:
What is the doctrine of respondeat superior?
Q:
What are some of the things an employer can do to protect himself or herself from a lawsuit concerning employment?
Q:
What is the significance of written warning?
Q:
Under the Wagner Act, what are the five unfair labor practices by management?
Q:
A particular hospital allows its employees to access the hospital computers to send emails. Employees regularly use the hospital computer system to communicate with each other on union matters. The hospital never warns the union that its messages are being blocked. Briefly discuss managements labor practice in this case.
Q:
According to the law, what is the three-step approach to understanding the agency relationship?
Q:
Describe a trading partnership and a nontrading partnership.
Q:
John, a New York City fireman, was putting out a fire when he was struck by a chair which a fellow firefighter had either thrown or pushed from a window of the burning building. John sustained injuries and sued the city for damages. In its defense, the city claimed the common law fellow-servant rule defense. What is the fellow-servant rule? Does it apply in this case?
Q:
The U.S. Citizen and Immigration Services broadly categorizes document abuse into four categories. List the categories.
Q:
What is the exclusive remedy rule?
Q:
Paul is a manager at National Banks. One morning, the police received a complaint that the bank was robbed the previous night. Upon investigation, the police determined that the bank was robbed with the help of one of the bank employees. Later that day, the National Banks regional security manager requested Paul to take a polygraph examination in order to eliminate his name from the list of suspects. Paul refused and sued the bank for breach of privacy. Is the bank justified in asking Paul to take a polygraph test?
Q:
When can public employees be tested for drugs?
Q:
Patty, a 16-year-old studying in Valley High, was playing hockey against the Manfield High hockey team. While Patty was attempting to score a goal, two members of the Manfield team tackled her. She sustained minor injuries as a result of the tackle. Patty sued the school and the school district for negligence and proceeded to file a case to recover damages for the injuries that she had sustained during the match. Under the common law, is Patty eligible to recover damages?
Q:
Martin was injured in an accident that involved his car and his neighbor Harrys car. Martin had been driving at night without lights. He decided to sue Harry. Harry claimed that Martins failure to use headlights resulted in the accident. Is there any provision under the common law that can justify Harrys claim?
Q:
What are the rewards received by the whistleblower as part of the Internal Revenue Service (IRS) Whistleblowers Rewards Program?
Q:
What is the purpose and jurisdiction of the Occupational Safety and Health Administration (OSHA)?
Q:
What is the employment-at-will doctrine, and how is it being limited?
Q:
What are the provisions of the Internal Revenue Service (IRS) Whistleblowers Rewards Program?
Q:
George Bennett was hired by Bragg Brothers Ltd., for the position of business agent. The secretary-treasurer of the company told him that the duration of his employment depends on how satisfied the top management is with his work. During this time, a subpoena was issued to Bennett by the California legislature to give evidence in front of a committee that was investigating corruption inside Bragg Brothers. The company directed Bennett to falsify his statements, but he truthfully answered the questions posed by the committee. The next day, he was fired from his job. Is the company justified in its action under the employment at-will doctrine?
Q:
New York police officers Brad Williams and Michael Durant volunteered to enlist in the National Guard to serve the country during the Iraq War. Upon returning to New York after the war, the government refused to grant them annual leaves or seniority, which they were otherwise entitled to, had they not served in the armed forces. Do the officers have the right to sue the city of New York?
Q:
Mekon Ltd. operates a paper mill that employs more than 1,000 workers. The mill has been maintained poorly. It has a number of places where machine parts work without security. The open-sided platforms in the mill are unguarded against falls. Most of the stairs in the mill do not have railings, and the floors are not dry in many places. However, the mill has not witnessed a single injury or death in all these years of operation. Does the mill violate any law?
Q:
Jackson Inc. produces parts for air conditioning units such as dryers and accumulators. It uses highly toxic chemicals like potassium hydroxide and isoparaffinic hydrocarbon in its operations. The plant has not attached hazardous warning labels on the tanks where these chemicals are stored. It does not provide the workers with protective body or eye gear. Moreover, the exit doors and routes in the plant are blocked. Which law does Jackson violate?
Q:
Aside from granting leave, what are the responsibilities of an employer according to the Family and Medical Leave Act?
Q:
California-based Click Storage Products Inc., suffered extensive building damage after it was hit by an earthquake. The plant was considered unsafe to work in. Eventually it was closed down, leaving hundreds of employees without jobs. The plant gave a notice of 10 days to warn the workers of the impending shutdown. Is the plant guilty of any violation?
Q:
Crimson Inc. is an American company that manufactures fiber cement products. Mel works as a plant supervisor. She had to take leave in order to care of her mother, who had undergone surgery for a serious health condition. The management of the company terminated Mel for taking intermittent leave. Is the termination order justified?
Q:
Jack works as a mechanic in No Limits Inc., an automobile manufacturing company. While employed as a service technician for the defendant, Jack suffered back injuries in March 2005 and April 2005. Though he applied for leave, he did not undergo any medical treatment and did not provide an injury report in writing. Jack was absent through the month of June, calling in sick each day without providing any other information and not seeking medical treatment during this time. As Jack had exhausted his available sick leave and vacation leave, he was terminated when he returned to work on July 3, 2005. Can Jack sue his former employer for violating the Family and Medical Leave Act (FMLA) by failing to reinstate him in the company?
Q:
Serena, who had worked for Winstrol Corp. for nearly 30 years, began undergoing therapy after she started having suicidal thoughts. After being supervised, Serena notified her supervisor that she would be unable to work for at least one month. Winstrol mailed Serena a Family and Medical Leave Act packet, which she completed and forwarded to her health care provider for certification. Winstrol denied the plaintiff's FMLA request because the supplied medical information was insufficient to support a serious health condition. Serena asked the hospital to provide additional medical information to the defendant, which Winstrol received the following day. A few days later, Winstrol notified Serena in a letter that she was terminated for her failure to supply medical information as required by the company. Serena sued her employer for interfering with her FMLA leave rights. Is she right?
Q:
Ben started working for Whitestone in December 2005. Two years later, Whitestone was acquired by Sky Inc., a competitor. Ben learned that he had fibrosing mediastinitis and applied for Family and Medical Leave Act (FMLA) leave for a related surgery. Ben notified his supervisor of his intention to return to work in two months, and his leave was approved. When the regional manager learned that Ben was returning, he discharged Ben and provided assurances to Human Resources that Bens position would have been eliminated due to the acquisition of Whitestone, regardless of his FMLA leave. Is Whitestone justified in its action?
Q:
Food for Thought is a restaurant owned and operated by Megan Hill. During the Christmas season, the restaurant attracts more than 5,000 customers. Each employee at the restaurant earns $8 an hour. The employees have to work extra hours to cope with the rush. They work an average of 55 hours a week and are paid $8 for the extra hours that they put in. Additionally, there are no accurate records of the employees work hours and wages. Does the restaurant violate any rule?
Q:
A deep fryer used in a fast-food restaurant is operated by nine minors. The fryer is manually operated and the employees are required to immerse the food items in hot oil. This task was performed regularly based on the instructions provided by the store managers and senior staff members. Does the restaurant violate any rule?
Q:
Which of the following statements is true of the doctrine of respondeat superior?
A. The liability with an employer ceases to exist in cases where the employer had warned the employee against tortious acts.
B. Many respondeat superior cases involve employee negligence.
C. Employers are usually exempted from liability once the employees fault is established.
D. Under respondeat superior cases, the scope of employment is irrelevant in determining the liability of the employer.
E. An employee is legally exempted from making any reimbursements to the employer once the employer pays for the tortious acts.
Q:
Under which of the following does the liability of an employer for the actions of the employee cease to exist?
A. A store manager argues with a supplier for delivering a wrong product.
B. A service representative argues with a customer over the allegiance of his basketball team instead of the poor quality product delivered.
C. A floor manager at a store argues with a customer about the revised pricing of a product that is inconsistent with their previous sales.
D. A sales representative drives to a customers house to deliver goods and crashes into a tree.
E. A store representative strikes a customer during an argument over the return of merchandise.
Q:
The only defense an employer has to the strict liability of respondeat superior is that the employee was outside the scope of employment. This defense is made using the language of frolic and detour by an employer when an agent
A. acts outside the scope of employment.
B. represents the employer in a third-party transaction.
C. behaves as prescribed by the employer.
D. receives no prior warning about tortious acts.
E. advances the interests of the employer.
Q:
Which of the following statements is true of partners in a nontrading partnership?
A. The partners are usually engaged in the business of selling and buying commodities.
B. The partners have an implied authority to pledge the credit of the firm.
C. The partners have no implied power to borrow money.
D. The partners are exempt from showing any actual power for the firm to be bound.
E. The partners are allowed to conduct any business transaction regardless of the authority vested in them.
Q:
In the context of tort liability, which of the following doctrines is reflected in the phrase let the master reply?
A. Respondeat superior
B. Frolic and detour
C. Nolo contendere
D. Novation
E. Promissory estoppel
Q:
In the context of tort liability, which of the following rules indicates that a principal escapes liability when the agents actions are outside the scope of employment?
A. Respondeat superior
B. Frolic and detour
C. Nolo contendere
D. Novation
E. Promissory estoppel
Q:
According to the tort doctrine of ______, any time an employee is liable for tortious acts in the scope of employment, the employer is also liable.
A. respondeat superior
B. frolic and detour
C. nolo contendere
D. novation
E. promissory estoppel
Q:
Which of the following statements is true of partners in a trading partnership?
A. The partners in such a partnership are an accounting or a service firm.
B. The partners require actual authority to conduct a business transaction.
C. The partners are usually engaged in the business of selling and buying commodities.
D. The partners usually lack the implied power to borrow money.
E. The partners are required to exercise apparent and actual authority to pledge the credit of their firm.
Q:
______ occurs when a principal voluntarily decides to honor an agreement, which otherwise would not be binding due to an agents lack of authority.
A. Novation
B. Accession
C. Ratification
D. Rescindment
E. Foreclosure