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Q:
The UPA clearly states that a partnership should be considered an entity but with an existence separate from the partners.
Q:
RUPA considers a partnership to be an aggregate in relation to liability.
Q:
Jean and Bert enter into a written agreement to establish their partnership. Their written agreement is called the articles of partnership.
Q:
Big Union is on strike against ABC Construction Co. It asks the employees of XYZ Subcontractor Co. not to unload trucks delivering supplies to ABC Construction Co. building sites. Discuss if this action is lawful.
Q:
Perez owned the Lakehurst Milk Company. When he found out that his employees were going to form a union, Perez called a meeting to explain why he was opposed to unionizing Lakehurst. Foster, an employee at Lakehurst, said Perez could not call such a meeting. Was Foster correct? Why or why not?
Q:
The NLRB makes a rule which it then investigates, holds hearings, and issues judgments. Big Co. believes this violates numerous basic U.S. Constitutional provisions including the separation of powers between branches of government. Big Co. wants to challenge the NLRB in court. Discuss the appeals procedure.
Q:
A sole proprietorship is the easiest business organization to form.
Q:
In a sole proprietorship, the owner may keep all the profits.
Q:
Tom is an official of Large Co., a mining company. Tom is paid by Large Co. to be the company spy in union meetings and make reports about the inner workings of the union. Discuss the legal aspects of this situation.
Q:
Jo testifies before the NRLB about the unfair labor practices of Large Co. Large Co. transfers Jo from its plant in Cleveland, Ohio to its plant in Fairbanks, Alaska. Discuss the legal aspects of this situation.
Q:
Just unionized Medium Co. has named Erica as its chief negotiator with Large Union in obtaining a contract. Erica wonders what topics are mandatory subjects of collective bargaining. Discuss.
Q:
Priscilla, a production manager for the Orange Hope Company, told her supervisor that she was considering joining the company's union. Her supervisor, who did not belong to the union, told Priscilla that he would promote her if she did not join the union, which he described as corrupt. Were his actions legal? Explain.
Q:
Tom and Cindy are discussing what it means to have a "right-to-work law." Tom says that it means to have no discrimination in employment. Cindy says it means that everyone has a right to unemployment benefits until they find a job that fits their skills and experience. Discuss the accuracy of these comments.
Q:
Big Union tells nonunion employees that unless they join the union, Big will make sure that they do not work. Big Union in fact tells Small Co. that it could avoid "a lot of problems" if it just refused to promote or grant wage increases to nonunion workers. Discuss this situation.
Q:
Xavier owned and operated the Xavier Paper Products Corporation. Xavier discovered that one of his employees planned to hold a meeting in order to discuss the possibility of forming a union. Xavier placed a notice on the bulletin board in each store warning employees that any employee who joined a union would be subject to immediate dismissal. Did such a notice violate federal law? Explain.
Q:
Bellard Co. tells its employees that voting for the union is a mistake. This statement is:
A. protected by the Taft-Hartley Act.
B. prohibited by labor law.
C. only allowed in right-to-work states.
D. protected by the Landrum-Griffin Act.
Q:
Jane believes that the Large Union leaders are using union funds illegally, so she speaks out against the leaders. Large Union expels Jane. Which of the following statements is true?
A. Large Union may determine its membership.
B. Large Union has engaged in unfair labor practice.
C. Large Union has to contact the NLRB before expelling Jane.
D. Jane has to contact the NLRB before speaking out.
Q:
In a national emergency strike, a petition is addressed to the:
A. U.S. Supreme Court.
B. federal Court of Appeals.
C. federal district court.
D. state supreme court.
Q:
A union must register its bylaw with the:
A. NLRB.
B. Department of Commerce.
C. federal district court.
D. secretary of labor.
Q:
An unfair labor practice filed with the NLRB first goes to:
A. arbitration.
B. a hearing.
C. federal district court.
D. mediation.
Q:
The Federal Mediation and Conciliation Service plays:
A. an arbitration role in judging whether a charge of an unfair labor practice has merit.
B. an arbitration role in trying to resolve a dispute between labor and management before the date of the hearing that will be held on the alleged charges.
C. a mediation role in which it offers nonbinding suggestions for settling disputes between labor and management.
D. a mediation role in which it settles disputes between labor and management by forcing the parties to compromise.
Q:
Joe, an outspoken union advocate working in the shipping department at Frontline Co. for the past 10 years, is transferred to clean out the oil pit. Joe is also paid less for this job. Joe has several allergic reactions to the oil and quits the company due to health reasons. Frontline Co. has:
A. exercised lawful management rights.
B. made a discriminatory decision in violation of the Civil Rights Act.
C. established a closed shop.
D. engaged in constructive discharge.
Q:
A workplace in which nonunion members may be employed for a trial period of not more than 30 days after which the nonunion workers must join the union or be discharged is a(n):
A. open shop.
B. agency shop.
C. closed shop.
D. union shop.
Q:
AML Union tells Standard Co. during contract negotiations that "unfortunate events may occur" if Standard does not agree to most of the union contract proposals. The next day, two Standard Co. trucks burn. AML Union has:
A. not bargained in good faith.
B. made a statement of opinion.
C. exercised its First Amendment rights.
D. engaged in destructive bargaining.
Q:
"It is possible, even easy, for the state governments in Wisconsin, Ohio, and Michigan to alter and/or eliminate the collective bargaining rights of firefighters, police officers, and teachers". Why?
A. These states have voted to keep the Wagner Act out of their states.
B. The Wagner Act does not apply to state government or local government employees.
C. The rulings of the agencies constituted under the Wagner Act are not legally binding.
D. The Wagner Act is applicable only to private organizations.
Q:
Large Union negotiates a wage increase for members of a bargaining unit. This wage increase is:
A. only for union members.
B. only for workers whose names are listed in the contract.
C. for all workers who join the union.
D. for all workers in the bargaining unit.
Q:
This action is a conspiracy in which a union places pressure on a neutral customer with whom the union has no dispute to cause the neutral entity to cease doing business with the employer with whom the union has a dispute.
A. Constructive discharge
B. Featherbedding
C. Secondary boycott
D. Arbitration
Q:
The Landrum-Griffin Act:
A. established a bill of rights for union members.
B. allowed states to legislate right-to-work laws.
C. created the National Labor Relations Board.
D. outlawed yellow-dog contracts.
Q:
Citral Co. orders its employees not to join the labor union. It makes it clear that any employee joining the union would merit a demotion and a drastic cut in the pay package.
A. Citral Co has simply exercised its right to freedom of speech.
B. Citral Co is trying to protect its business interest by legal means.
C. Citral Co has breached the law by passing these orders.
D. Citral Co is legally in the clear as these instructions do not cause any physical harm to anybody.
Q:
Avalon Co., by agreement, hires only union members in good standing. Avalon Co.:
A. has created a union shop.
B. has created a closed shop.
C. has formed a company-run union.
D. has created an agency shop.
Q:
Hamyes Chemical Works dumps tons of toxic materials into the river which is the main source of water for the city. George, an employee, reports this to the city council and agrees to give a testimony when required to do so. George is immediately discharged from the job. Haymes Chemical Works:
A. has rightly discharged George as his act amounted to breach of trust.
B. would be liable for legal action under the Wagner Act.
C. could be charged with coercion and harassment under the Taft-Hartley Act.
D. is protected under the First Amendment.
Q:
The Wagner Act accomplished all of the following except:
A. authorize the NLRB to hold hearings on unfair labor practice petitions.
B. outlaw certain practices by employers as unfair labor practices.
C. allow states to legislate right-to-work laws.
D. authorize the NLRB to conduct representative elections.
Q:
The major provision of this act is that it exempted union activity from the antitrust laws.
A. Norris-LaGuardia Act
B. Railway Labor Act
C. Clayton Act
D. Wagner Act
Q:
A hot-cargo contract allowed the union to handle stolen property that had been recovered by the police and sold at a police auction.
Q:
The NLRB does not have the authority to conduct investigations into unfair labor practice charges.
Q:
Strikes by public employees who perform vital services are generally illegal, unless specifically authorized by statute.
Q:
The Federal Mediation and Conciliation Service cannot act by itself but only upon the request of either side to a labor dispute.
Q:
In terms of federal laws governing labor-management relations, which of the following statements is incorrect?
A. Picketing and boycotting are subject to federal court injunctions, under the Norris-LaGuardia Act.
B. The Wagner Act created the National Labor Relation Board.
C. The Labor-Management Relations Act of 1947 is also known as the Wagner Act.
D. It is an unfair labor practice for a labor union to try to coerce employees to join the union, under the Taft-Hartley Act.
Q:
Mina does not like the way the Adams Co. Production Union, which represents employees at her Adams Co. plant, is representing her interests and wants to privately negotiate her own contract with Adams Co. Which of the following statements is most likely true?
A. Mina has the right to negotiate her own terms of employment.
B. Production Union represents Mina; hence she cannot negotiate her own contract.
C. Production Union only represents the workers who want to be represented.
D. Mina must have NLRB approval to negotiate her own contract.
Q:
An employer is barred from playing any role in the selection of union representatives.
Q:
Brigg Co. asked its employees to refrain from joining the Moderate Union. It promised an out-of-turn promotion for all employees who would refrain from joining the union. Big Co. has committed no legal offence by this act?
Q:
The National Labor Relations Board has no jurisdiction over religious schools.
Q:
Some states have bestowed employees with the right to opt out of unions if they so desired.
Q:
The Taft-Hartley Act provides that union shop contracts are legal only in states that do not forbid them.
Q:
A right-to-work law outlaws both the closed shop and the union shop.
Q:
Under other provisions of the Taft-Hartley Act, unions are not legally obligated to give notice to the employer of an intention to strike prior to the termination date of a collective bargaining contract.
Q:
The Taft-Hartley Act authorized the NLRB to hold hearings on unfair labor practice petitions.
Q:
The Norris-LaGuardia Act allows courts to use injunctions to stop picketing organized by unions.
Q:
One of the objectives of labor unions is sponsoring laws that improve political conditions for workers.
Q:
The Wagner Act allowed an individual employee in a unionized business to negotiate his/her own employment contract.
Q:
The Norris-LaGuardia Act outlawed yellow-dog contracts.
Q:
John takes leave under FMLA. Discuss the obligations of John's employer to John.
Q:
Titanic Industries requires all new employees to have red hair because red is the CEO's favorite color and all company signs are written in red letters. Minority job applicants whose hair is not red sue under the Civil Rights Act of 1964. Discuss their likelihood of success.
Q:
Petra Voinovich, 64, lost her job when the subsidiary she worked for was disbanded by Hypersonic Enterprises, the parent corporation. All of the employees who were laid off were promised preferential treatment for other jobs at Hypersonic. Voinovich applied for over 35 jobs. She was never rehired. The reason given was that she was overqualified. Voinovich believed that she could bring an age discrimination suit under the ADEA. Was she correct? Explain.
Q:
Labor unions are not protected by the First Amendment because they are not political parties.
Q:
Courts used the Sherman Act to prohibit strikes by labor unions.
Q:
The Clayton Act of 1914 effectively prohibited federal courts from issuing injunctions against labor strikes.
Q:
The Norris-LaGuardia Act, in 1932, forced companies to cooperate with union organizers and thus keep people working.
Q:
Nancy Nelson, who worked for the Farmington Institute of Technology, took a leave of absence for health purposes. Her supervisor, Mark Bohm, told Nelson, "When you recover from your health problems, you can have your job back with full seniority." Nelson believed Bohm and did not look for work elsewhere. When she returned to work, Nelson found that FIT would not honor Bohm's promise to her. It took Nelson eight months to find another job. Does Nelson have any legal recourse? Explain.
Q:
Eva is fired by Big Clothing Co. for refusing to commit perjury. Discuss the elements required for Eva to win a wrongful discharge suit based upon a violation of public policy.
Q:
The manager of Palms Restaurant assembles all employees and announces that because theft is occurring, she would fire employees until the guilty party confessed. Turning to an employee, Alice, the manager says, "You're fired." Palms Restaurant is in an employment-at-will state. Discuss if Alice has any legal remedy against Palms.
Q:
Jackson Enterprises wants to provide two hours of work after school for children, upto standard eight, from economically disadvantaged families who cannot afford after-school day care. The work will be coordinated with school assignments and will appeal to each child's unique interests. Discuss any legal issues associated with this plan.
Q:
Leonard Spinoza, a physical therapist, was laid off from his job at the Shelby Hospital because of economic conditions. He registered with the state unemployment compensation agency and requested unemployment compensation. The interviewing official told him about a job for a physical therapist at the Bellville Hospital. Spinoza refused it on the grounds that he needed vacation before accepting another job. Would Spinoza qualify for unemployment compensation?
Q:
The Little Manufacturing Co. plant is located next to Sierra River and employs 120 workers. A flash flood one weekend washes away the plant. Little decides not to rebuild and lays off the workers who are not represented by a union. What legal obligations does Little have to the workers?
Q:
Employees who believe that their employer has violated FMLA rules can file complaints with the:
A. Labor Employment Standards Administration.
B. Equal Employment Opportunity Commission.
C. Department of Labor.
D. Office of Veterans' Employment and Training Service.
Q:
Which of the following statements holds true for the Equal Pay Act of 1963?
A. Male and female employees must be paid equally irrespective of the work.
B. Male and female employees must have equal opportunities to work.
C. Male and female employees must be given substantially equal work.
D. Male and female employees must be paid equally for substantially equal work.
Q:
Global Industries requires all new employees to be at least six feet tall to correspond with their marketing campaign: "The big people serve you." Women who are denied employment solely because of their height sue Global. What must Global prove?
A. Height is directly related to the specific job in question.
B. Nothing, since the burden of proof is on the women who sue.
C. Height is directly related to Global's general business needs.
D. Nothing, since Global applies the height standard in a nondiscriminatory manner.
Q:
Under the provisions of which of the following can an employee who has served in the armed forces and successfully completed his/her tour of duty, be reinstated upon returning to work in his/her previous position on the job?
A. USERA
B. OWBPA
C. ADA
D. WARN
Q:
USERA is administered by:
A. the EEOC.
B. no agency, since it allows private parties to sue.
C. the Office of Veterans' Employment and Training Service.
D. the Department of Labor.
Q:
Workers at Titan Industries are concerned that employment-at-will will allow Titan to act arbitrarily and without any procedure or progressive discipline when firing workers. Discuss what legal remedies, if any, are available to the workers.
Q:
Juanita is classified by Maxims Store as an exempt employee. Juanita spends 40% of her time in management tasks, 30% of her time stocking shelves at Maxims Store, and 30% of her time unloading trucks that supply the store. Which of the following statements is true?
A. Juanita is appropriately classified.
B. Juanita is inappropriately classified.
C. Juanita is guaranteed at least 60% of minimum wage.
D. Juanita is guaranteed at least 160% of minimum wage.
Q:
Standard Co. has an employee pension plan under which Jessica has worked for 12 years when she is laid off at age 60. Five years later at age 65, she attempts to draw her pension benefits and is informed that she is not eligible since she had not been working under the Standard Co. plan at the time of her retirement. Is this correct?
A. Yes, if that is what the Standard Co. plan specifies.
B. No, since Jessica worked longer than 10 years for Standard Co.
C. No, since Jessica's benefits are vested.
D. Yes, since Standard Co. only has a responsibility to current employees.
Q:
Daniel is a part of the Sky Inc. softball team slated to play in the corporate cup. While playing a particular game Daniel is injured. What remedy, if any, does Daniel have for his injury?
A. None, since he was not on his job at the time of injury.
B. Workers' compensation is available.
C. Daniel may sue Sky and his supervisor for negligence.
D. Daniel only has recourse against any person who physically injured him.
Q:
Which of the following statements holds true for employee responsibilities under the Family and Medical Leave Act (FMLA)?
A. Employees must notify the employer at least 30 days before they intend to take the leave.
B. Employees need not notify the employer if the need for a leave is unpredictable.
C. Employees must accept the right of the employer to offer reduced pay on their return after the leave.
D. Employees must discharge partial duties during the period of the leave.
Q:
For an employee to succeed in a wrongful discharge lawsuit grounded on the public policy tort exception to employment-at-will, he/she should prove ____, which requires that the public will be endangered if the court does not dissuade the type of firing involved in the case.
A. causation
B. jeopardy
C. clarity
D. absence of justification
Q:
Causation:
A. requires that the public will be endangered if the court does not dissuade the type of firing involved in the case.
B. means that the employer had no legitimate business reason for the discharge of the employee.
C. requires the existence of a definite public policy, clearly created by the U.S. Constitution, the state constitution, or a general governmental policy.
D. requires that the discharge be induced by actions that are related to the stated public policy issue.
Q:
To succeed in a wrongful discharge lawsuit grounded on the public policy tort exception to employment-at-will, the lack of an overriding business justification means:
A. that the public will be endangered if the court does not dissuade the type of firing involved in the case.
B. the establishment of the fact that the employer had no legitimate business reason for the discharge of the employee.
C. the existence of a definite public policy, clearly created by the U.S. Constitution, the state constitution, or a general governmental policy.
D. that the discharge be induced by actions that are related to the stated public policy issue.
Q:
On the federal level, this act assures all workers in a business, in or affecting interstate commerce, a safe and healthful place of employment.
A. OSHA
B. FLSA
C. FICA
D. ERISA
Q:
Which of the following statements about "the wage and hour provisions of the FLSA" is true?
A. Full-time students cannot be employed.
B. They apply to all people employed in an administrative capacity.
C. Exempt workers are generally identified as those who manage other employees.
D. They permit the employment of apprentices at the minimum wage.
Q:
For an employee to succeed in a wrongful discharge lawsuit grounded on the public policy tort exception to employment-at-will, he/she should prove ____, which requires the existence of a definite public policy, clearly created by the U.S. Constitution, the state constitution, or a general governmental policy.
A. causation
B. jeopardy
C. clarity
D. absence of justification