Legal and Social Chapter 18

The NLRB supervises the unionization process and activities to ensure compliance with all federal laws. These activities include:

- employees in favor of union representation sign authorization cards - the voting process - union election campaigning rules regulating both the employer and the employee - collective bargaining, or negotiations between the employer and the union - strikes—the employees refuse to work - lockouts—the employer shuts down the workplace

The NLRA also established the National Labor Relations Board (NLRB) to oversee union elections and to investigate and penalize unfair labor practices. The prohibited practices include these actions:

- interference with employee efforts to organize a union - employer domination of a union - discrimination based on union affiliation - discrimination as a result of employees filing charges or testifying - employer refusal to bargain with the union representing the employees

No-strike clause

A clause in a CBA that prohibits the union from striking while the CBA is in force

Collective bargaining agreement (CBA)

A contract between a union and a company

Secondary boycott

A picket line established not at the employer's premises but at a different workplace

Knowledge Check FMLA entitles an eligible employee to: A. 12 weeks of unpaid leave B. 12 weeks of paid leave C. 6 weeks of paid leave D. 6 weeks of unpaid leave

A. 12 weeks of unpaid leave

Q3. Under the Fair Labor Standards Act, which of the following scenarios is legal? A. 12y/o Molly works several hours per day on her family's farm picking vegetables B. 17y/p Cole has taken a part-time job as a coal miner working alongside his dad C. 13y/o Dianna works five hours per week stocking shelves at a drugstore D. 14y/o Luis works full time bagging groceries at a supermarket

A. 12y/o Molly works several hours per day on her family's farm picking vegetables

6. Which of the following workers are generally NOT eligible for workers' compensation? Select 3 answers. A. Agricultural workers B. Temporary workers C. Domestic workers D. Construction workers

A. Agricultural workers B. Temporary workers C. Domestic workers

1. A company handbook states that employees will be given warnings for three instances of arriving late for work, after which they will be fired. An employee is fired after being late for the first time. Which of the exceptions to at-will employment could apply? A. Contractual agreements. B. Public policy. C. Tort law. D. Statutes.

A. Contractual agreements.

2. What are the best remedies for wrongful termination in the case of someone who found another job three months after being fired? Choose 2 answer choices. A. Lost benefits. B. Reinstatement. C. Lost wages. D. Criminal charges.

A. Lost benefits. C. Lost wages.

CH8. Which of the following statements is a provision of the Federal Labor Standards Act (FLSA)? A. Under the FLSA, any employee who works more than 40 hours per week must be paid no less than 1.5 times regular pay for all hours worked over 40. B. Child labor restrictions apply only to workers under the age of 16. C. All workers must be paid at least the federal minimum wage. D. Companies with 20 or more hourly employees must use time clocks to standardize record keeping.

A. Under the FLSA, any employee who works more than 40 hours per week must be paid no less than 1.5 times regular pay for all hours worked over 40.

8. The National Labor Relations Board (NLRB) is involved in what union activities? Choose 2 answer choices. A. Union certification. B. Collective bargaining. C. Certifying right-to-work elections. D. Mediating the collective bargaining negotiations between employers and employees.

A. Union certification. B. Collective bargaining.

CH4. The National Labor Relations Board (NLRB) has the authority to: (Choose 3 answers.) A. file complaints against employers in response to charges of unfair labor practices brought by employees. B. file an appeal in federal court. issue a cease-and-desist order. investigate employees' charges of unfair labor practices.

A. file complaints against employers in response to charges of unfair labor practices brought by employees. issue a cease-and-desist order. investigate employees' charges of unfair labor practices.

CH2. A worker's status as an employee or independent contractor affects: (Choose 3 answers.) A. ownership of work created on the job. B. the business' taxes. C. the business' liability for the worker's actions. D. whether the job is full time or part time.

A. ownership of work created on the job. B. the business' taxes. C. the business' liability for the worker's actions.

CH9. Which posters does the Occupational Safety and Health Act (OSHA) require most businesses to display? Choose 3 answers. A. the "Fair Labor Standards Act" poster B. the "Fire Escape Routes" poster C. the "Job Safety and Health Protection" poster D. the "Family and Medical Leave Act" poster

A. the "Fair Labor Standards Act" poster C. the "Job Safety and Health Protection" poster D. the "Family and Medical Leave Act" poster

CH7. How much time off does the Family and Medical Leave Act (FMLA) provide? A. up to 12 weeks of unpaid time off B. up to 12 weeks of paid time off C. whatever time is needed to take care of the health concern of a protected person D. up to six weeks of paid and up to six weeks of unpaid time off

A. up to 12 weeks of unpaid time off

Q6. What is a whistleblower?

An employee who discloses illegal behavior on the part of his or her employer

Wrongful discharge

An employer may not fire a worker for a reason that violates basic social rights, duties, or responsibilities

Intentional Infliction of emotional distress

An intentional tort in which the harm results from extreme and outrageous conduct that causes serious emotional harm

Supervisor

Anyone with the authority to make independent decisions on hiring, firing, disciplining or promoting other workers

CH6. What are three ways that state workers' compensation claims are funded? Choose 3 answers. A. Employees purchase an optional injury insurance plan through the company and claims are paid through that insurance. B. Employers pay into a privately-run insurance plan, and claims are paid by the insurance. C. Employers pay into a state-run insurance plan, and claims are paid by the insurance. D. Employers are self-insured and pay claims out of company funds.

B. Employers pay into a privately-run insurance plan, and claims are paid by the insurance. C. Employers pay into a state-run insurance plan, and claims are paid by the insurance. D. Employers are self-insured and pay claims out of company funds.

7. Which law specifically allows an employer to require union membership after working a specific period of time? A. National Labor Relations Act. B. Labor-Management Relations Act. C. Norris-LaGuardia Act. D. Labor-Management Reporting and Disclosure Act.

B. Labor-Management Relations Act.

CH3. The 1935 act that protects workers' rights to form and join unions for collective bargaining is called the: A. National Unions Act (NUA). B. National Labor Relations Act (NLRA). C. Better Together Act (BTA). D. Collective Bargaining Power Act (CBPA).

B. National Labor Relations Act (NLRA).

4. May the government terminate a government employee who speaks out against policies and procedures? A. Yes, because the government has a special interest in maintaining order. B. No, if the matter is one of public concern. C. No, all speech is protected by the U.S. Constitution. D. Yes, because any employee can be fired for any reason.

B. No, if the matter is one of public concern.

CH10. What are the two main benefits of workers' compensation to the injured employee? Choose 2 answers. A. assistance in bringing a lawsuit against the company for the injuries B. money to cover wages from missed work time C. free safety training courses D. money to help pay medical costs

B. money to cover wages from missed work time D. money to help pay medical costs

5. Where do the funds to pay out workers' compensation claims come from? A. Businesses must maintain privately held savings accounts. B. Businesses form alliances and hold funds in joint savings accounts. C. Business contributions to a state held fund D. Business contributions to a federally held fund

C. Business contributions to a state held fund

Q8. Under the federal legislation known as OSHA, A. employers must keep records of positive results of workplace drug tests. B. employees must keep their work area free from recognized hazards. C. employers must keep records of all workplace injuries. D. employers may monitor workers' e-mail messages if the monitoring is done in the ordinary course of business and the employer provides the e-mail system.

C. employers must keep records of all workplace injuries.

Q1. Maxine lost her job as an electrical engineer with a large company which had provided health insurance benefits for Maxine and her family. She now: A. Has some protection under the NLRA, which requires her employer to pay for continued health insurance for three months following her termination if she did not leave the company voluntarily B. Must try to find insurance on her own or try to find another job with health insurance benefits C. is protected under COBRA, which allows her continued health insurance coverage for 18 months as long as she pays the cost. D. is protected under COBRA, which requires her employer to continue her health insurance coverage for six months under whatever copayment arrangements she had while she was employed

C. is protected under COBRA, which allows her continued health insurance coverage for 18 months as long as she pays the cost.

3. If an employee reports illegal behavior of a publicly traded company and is later terminated because of it, under Sarbanes-Oxley they may be entitled to: A. reinstatement only. B. Attorney's fees only. C. reinstatement, back pay, and attorneys' fees. D. back pay only.

C. reinstatement, back pay, and attorneys' fees.

CH1. Which of the following is the most important distinction between employee status and independent contractor status? A. An independent contractor has a company name. B. An employee uses the employee's own tools for doing his or her work. C. An employee has a high degree of skill and a specialized job. D. An independent contractor controls the details of his or her day-to-day work activities.

D. An independent contractor controls the details of his or her day-to-day work activities.

Q7. Megan was employed by a large company. Her supervisor told her to falsify government reports. She refused and was fired. She sued for wrongful discharge. Her employer claimed that, since Megan was an at-will employee, she had no legal right to claim the company was liable for damages. Is the employer right? A. Yes. An at-will employee does not have a legal right to claim wrongful discharge of employment. B. Yes. As an employee, Megan owes a duty of loyalty to her employer. If the company was found to have acted illegally by falsifying the reports, it (not Megan) would be liable. C. No. Even though Megan was an at-will employee, such employees may not be fired without just cause. D. No. Though at-will employees do not have extensive rights relative to job security, they may not be legally fired for refusing to perform an illegal act.

D. No. Though at-will employees do not have extensive rights relative to job security, they may not be legally fired for refusing to perform an illegal act.

CH5. At the federal level, the primary legislation that protects workers from dangerous conditions on the job is: A. the Social Security Act (SSA). B. the Accidental Injury Compensation Act (AICA). C. the Workers' Compensation Act (WCA). D. the Occupational Safety and Health Act (OSHA).

D. the Occupational Safety and Health Act (OSHA).

Qualified Privilege

Employers who give references are liable only for false statements that they know to be false or that are primarily motivated by ill will

Case Study Activity: Peterson v. Exide Technologies

Facts: - Exide Technologies had issued repeated warnings to Robert Peterson for driving forklifts too fast and violating safety rules - He was injured in a forklift crash - Peterson took FMLA leave for ten days - During the leave period, Exide fired him for "flagrant violations of safety rules" - Peterson sued, claiming that the company had terminated him in retaliation for taking FMLA leave - The lower court granted summary judgment to - Exide, and Peterson appealed Issue: Was Peterson fired in retaliation for claiming FMLA leave? Conclusion:

Norris-LaGuardia Act

In 1932, Congress enacted this act to protect union strikes, picketing, and boycotts. The act allows employees to organize as a union.

Lockout

Management prohibits workers from entering the premises

Economic strike

One intended to gain wages or benefits

Labor-Management Relations Act (LMRA), also known as the Taft-Hartley Act

Passed in 1947, this act prohibits certain unfair union practices. It stipulates that: - unions must negotiate with employers - employment cannot be a "closed shop"—requiring employees to join a union as a condition of employment - employers can require workers to join the union after working for a specific amount of time

Whistleblower

Someone who discloses wrongdoing

Concerted action

Tactics taken by union members to gain bargaining advantage

National Labor Relations Act (NLRA), also known as the Wagner Act

This act was passed in 1935 and gave employees the right to organize a union and engage in collective bargaining, which is the process of a union and the employer negotiating the terms and conditions of employment.

Q2. In almost half of all states, Bring Your Gun to Work Laws prohibit companies form banning firearms in their parking lot (T/F)

True

Hot-cargo Agreements

an illegal agreement in which employers voluntarily agree with unions not to handle, use, or deal in the non-union-produced goods of other employers

Labor-Management Reporting and Disclosure Act (LMRDA)

his 1959 act provides union members with a bill of rights and reporting requirements for union activities. It prohibits hot-cargo agreements, in which employers agree not to handle, use, or deal in goods of other employers produced by nonunion employees.

The LMRA allows states to pass right-to-work laws, which:

prohibit requiring union membership for employees working in a unionized workplace. Over half the states in the U.S. have passed these laws.