Business Law Test 3 Set 4

85. Workers' compensation law: a. provides a sure set of benefits for injuries instead of relying on tort litigation b. applies only to accidents that conform to a specified set of allowable work-related injuries c. holds employees responsible for reimbursing employers for the cost of injuries for which employees are at fault d. is a federal program that is mandatory for nearly all workers e. all of the other choices

a

99. A grievance arbitration clause means: a. disputes arising under a collective bargaining agreement must be resolved by an internal grievance procedure b. disputes arising under a collective bargaining agreement must go first to federal court for relief c. a grievance is an internal matter and is never to be arbitrated by an outside labor arbitrator d. disputes arising under a collective bargaining agreement must be settled by the National Labor Relations Board e. none of the other choices

a

79. A federal agency collects documents in its law enforcement activities. Except for trade secrets, these documents are: a. always secret, under the Privacy Act, unless used in court b. available to the public under the Freedom of Information Act, unless they concerns information about individuals protected by the Privacy Act c. available to the public under the Government in the Sunshine Act, unless it concerns information about individuals protected by the Privacy Act d. all available to the public under the Federal Sunshine Act e. none of the other choices

b

82. In varying degrees across the states, the courts do not look with favor on certain contracts that at times are made part of the employment arrangement, which of the following is not in that category: a. noncompete agreements b. substance abuse agreements c. exculpatory agreements d. anti-raiding covenants e. all of the other specific choices may be restricted in employment

b

89. Federal minimum wage requirements: a. are designed to encourage full employment for minorities b. started in 1938 as part of the Fair Labor Standard Act c. establish entry level wages by occupation d. was to increase competition offered by itinerant contractors and their lower paid laborers e. all of the other choices

b

91. The intent of the Norris-La Guardia Act was to: a. allow unions to name two representatives to the National Labor Relations Board b. allow workers freedom of association and self organization c. let striking employers file for injunctions against striking workers d. legalize all union tactics e. none of the other choices

b

94. The National Labor Relations Board is composed of members chosen by: a. Congress and is considered to be quite political b. the President and it considered to be quite political c. unions and management in equal numbers and so tends to have many internal disputes d. the Supreme Court and is considered to be independent of politics e. the Civil Service Board based on merit and experience with the agency itself

b

88. Under federal immigration law all: a. employees must obtain a work identification card from the U.S. Citizenship and Immigration Services b. employees must be certified as eligible to work by the Department of Labor or similar state agency c. employers must collect evidence of citizenship or of legal work status for all employees d. employers must keep a certified copy of passports of all new employees e. none of the other choices

c

92. A contract signed by a worker agreeing not to join a union is called a(an): a. exclusive employment agreement b. primary boycott c. yellow-dog contract d. agency shop contract e. none of the other choices

c

96. In a movement to unionize, employees of a company sign: a. an official union-request scroll b. individual union work sheets c. authorization cards d. NLRB documentation forms e. none of the other choices

c

80. Refer to Fact Pattern 16-1. Pierre filed a complaint with the NLRB, alleging unfair labor practices at Spotted Frog. Which of the following actions are likely to occur after the filing of the complaint? a. a field employee of the NLRB would investigate the claim b. Spotted Frog management would file a claim with the Fair Labor Board c. the regional director would file a complaint if the allegation had merit d. a field employee of the NLRB would investigate the claim and the regional director would file a complaint if the allegation had merit e. a field employee of the NLRB would investigate the claim and the regional director would file a complaint if the allegation had merit and Spotted Frog management would file a claim with the Fair Labor Board

d

81. Which of the following are public-policy exceptions recognized by most states as limits to the employment-at-will doctrine allowing termination of employees? a. refusing to commit an illegal act b. performing a public duty (reporting for jury duty) c. exercising freedom of speech rights d. refusing to commit and illegal act and performing a public duty (reporting for jury duty) e. refusing to commit and illegal act and performing a public duty (reporting for jury duty) and exercising freedom of speech rights

d

87. The Family and Medical Leave Act does not apply to: a. key employees b. small employers with less than 50 employees c. new employees d. all of the other specific choices e. none of the other choices

d

90. Mandatory vesting under ERISA means that an employee: a. must retire at a company-appointed time b. must retire at the first sign of major illness c. may not receive benefits unless he has worked for no other employer during the course of his working life d. becomes the owner of his retirement benefits e. is unable to leave the employ of the person holding her vested interest

d

98. To remedy bad faith bargaining, the NLRB is not authorized to do which of the following: a. to insert clauses into collective bargaining agreements in order to end the process b. to intervene directly in the substance of labor bargains to keep bargaining going c. to increase or decrease employment terms without consulting the union--if the union is the party guilty of bad faith d. it may not do any of the other choices e. it may do any of the other choices when needed

d

100. To promote productive collective bargaining, Congress provided for certain activities to be protected under the National Labor Relations Act. Protected activities are: a. covered activities b. compromise activities c. cautionary activities d. creative activities e. none of the other choices

e

76. In Lujan v. Defenders of Wildlife, where foreign aid decisions of the U.S. government were challenged as a violation of the Endangered Species Act, because the Nile crocodile in Egypt could be harmed, the Supreme Court held: a. the plaintiffs had standing because they had visited the area where the crocodiles lived b. the animals at issue were not endangered and so were not the proper subject of a lawsuit c. although the plaintiffs had standing to sue, the issue of saving crocodiles was beyond the court's expertise d. the Endangered Species Act was the wrong statute under which to bring this claim e. none of the other choice

e

93. Which class of employees is not covered by the NLRA: a. managers b. independent contractors c. government workers d. managers and independent contractors e. managers and independent contractors and government workers

e

83. Which of the following is not true about health or safety standards set by OSHA: a. they must meet a cost-benefit test of effectiveness b. they address problems that pose a significant health risk in the workplace c. they address problems of safety at the worksite d. none of the other choices are true e. all of the other specific choices are true

a

77. A person who wishes to bring a complaint against another person or business for violation of a statute administered by a federal agency must first: a. receive approval of the appropriate district court judge to file suit b. receive approval of the appropriate U.S. district attorney to file suit c. exhaust all legislative channels before bringing suit d. convince the ALJ that the case warrants a review e. none of the other choices

e

78. The court's review of an agency's statutory interpretation is generally afforded: a. an intense scope of review of all aspects b. a low intensity scope of review only looking for possible violations of constitutional rights c. complete acceptance with no review, since the power of Congress is absolute in this regard d. a with respect to regulatory agencies; c with respect to acts of Congress e. none of the other choices

e

84. The hazard communication standard requires employers using hazardous chemicals to do all but which of the following? a. have a written hazard communication program b. label all hazardous chemicals c. give employees material about the hazardous communication requirements and train them to detect hazards d. keep Material Safety Data Sheets with every hazardous chemical container e. all of the other choices are required

e

86. For an employee to have a claim under workers' compensation, the employee must show: a. she received a personal injury b. she received an injury as a result of an accident c. the negligence of the employer caused the accident d. she received a personal injury and the negligence of the employer caused the accident e. she received a personal injury as a result of an accident at work

e

95. For a work force to unionize which of the following will normally happen? a. a committee of interested employees will be formed b. a union agent will contact employees to determine the level of interest in unionization c. an employee, or group of employees, will contact a union for assistance d. authorization cards asking for an election will be issued e. all of the other choices

e

97. Unions and employers who negotiate contracts have a duty to bargain in good faith. This means both sides must do all of the following except: a. agree to meet at reasonable times b. must be willing to make proposals c. must explain reasons behind certain proposals d. must consider proposals of the other party e. all of the other choices are elements of good faith bargaining

e