MGT 334 Final Exam

Identify the two primary legal questions addressed by NLRB procedures and explain each briefly.

(1) Representation: whether the group would like to be represented by a union and who is within the group (2) Unfair Labor Practice Charges: starts the legal proceeding from employers, employees, unions, etc. and prevent employers or unions from interfering with employees rights.

At which headcount threshold are employers covered by the Family and Medical Leave Act (FMLA)?

50 or more

Identify the methods through which employees can obtain a bargaining agent and the primary similarities or differences.

An agent can be obtained by voluntary recognition (the employer is aware majority of employees are in favor), majority authorization (cards have been signed and submitted by the majority showing interest), representation election (a petition has been filed and the election process begins). The first two mentioned are similar since it is the employers responsibility to take action when aware of the employees desires and well as there being no petition required. 2 and 3 are similar is the sense that employees voice their stance on paper by filing out the authorization cards. All three are similar because they require some type of bargaining.

Define Employment at Will.

An employer or employee may terminate the employment without notice or reasoning as long as it isn't illegal or discriminatory.

Identify the two primary purposes of Form I-9 completion.

Authorization to work in the U.S. and to establish to employees identity.

In the case of Buckhorn, Inc. and International Union of Industrial and Independent Workers, the NLRB contended that the unit limited solely to maintenance employees is not an appropriate unit for the purposes of:

Collective Bargaining

Identify what a bargaining unit is and why it is important.

Community of interest standard, important so there are fair negotiations and give employees a voice by being joined together collectively

Provide specific examples of two or three employer work rules which could violate an employee's Section 7 protected rights and how those rights could be violated.

Doing anything that interferes with section 7 rights, intention is not required, natural tendency

Explain briefly the concept of NLRB general jurisdiction (with a few specific examples).

Jurisdiction applies to private employers affecting commerce. Those covered are retail businesses, wholesale businesses, and hotel/residential housing. Groups such as independent contractors, railway workers, and supervisors are exempt.

Identify the three classifications of bargaining subject matter and explain the impact of the classification.

Mandatory, permission, or prohibited. Mandatory covers wages, overtime, vacation, benefits, and more. Almost the terms and conditions. Prohibited identifies there are not any modifications to be made unless BOTH parties agreed.

The employees of GR Auto Sales Plus decided to select John as their bargaining representative for the purposes of collective bargaining by the majority of the employees. The major issues of negotiation include rates of pay, wages, hours of employment, and other conditions of employment. In this scenario, John is covered under the:​

National Labor Relations Act

What are the primary purposes of the Uniformed Services Employment and Reemployment Rights Act (USERRA)?

To prohibit discrimination of those who serve/served in the military and to provide procedures and protection through guidelines.

What are the primary purposes of the NLRA?

To try and address the strike in employer and worker relations so there's no issue in commerce, protecting employees and their rights

When considering tort law, the law recognizes a qualified privilege in all the following instances except

an employee's supervisor discussing the employee's performance with coworkers over lunch

When addressing issues related to international employment law, a convention is

an international law to which a number of nations agree to adhere

In practice, a ban the box law may mean an employer:

cannot consider a candidate's criminal history until a job offer has been made

Section 8(a)(1) and Section 8(b)(1) of NLRB prohibit:​

coercion and restraint of employees by employers and unions

In NLRB v. City Disposal Systems, the US Supreme Court concluded that Brown's refusal to drive unsafe trucks was _____ under Section 7 of the NLRA.​

concerted activity

Under the contract bar rule, a written labor contract (signed and binding on the parties and dealing with substantial terms and conditions of employment) bars an election among the affected bargaining unit:

during the life of the bargaining agreement

Pursuant to Michigan's Bullard-Plawecki Employee Right to Know Act, the each of following documents may be included in an employee's official personal file EXCEPT

employee references supplied to the employer

Mary hired Sue as a receptionist for her dentist office. After two months, Mary terminated Sue's employment due to Sue's bad quality of work. Under which doctrine can we say Sue fired Mary?​

employment at will

In the late 1880s, the development of all of the following provided powerful weapons for use against the activities of organized labor EXCEPT:

ex parte proceedings

A lockout amounts to a permanent closure of a plant to avoid unionization.

false

A pregnant employee may be denied employment if the employer is concerned the unborn baby might be at risk.

false

A successor employer which hires a substantial number of the employees who were formerly members of a union generally must abide by the terms of the collective bargaining agreement negotiated between the union and the prior employer.

false

An employee is eligible for a Family and Medical Leave Act (FMLA) leave after completing six months of full-time employment.

false

An employee must prove that in implementing and enforcing a work rule, the employer had the intent to interfere with Section 7 rights.

false

An employee with a medical marijuana card who is terminated from employment due to a positive drug test is not eligible for unemployment benefits.

false

An employer is required to allow employees to use the company email system for union soliciting activities.

false

An employer may permanently replace an employee who participates in an unfair labor practice strike.

false

An individual must be a United States citizen in order to be authorized to work in the United States.

false

Federal EEO laws specifically prohibit employment discrimination based on a criminal record.

false

If a court vacates an arbitrator's decision based on the arbitrator exceeding its authority, the court will settle the matter for the parties.

false

If an employee believes their employer has committed a ULP, the employee's first step is to file a lawsuit in the United States District Court.

false

If an employer's negligence causes an employee to be injured at work, the employee can bring a tort action for damages against the employer.

false

In completing the US Citizenship and Immigration Services Form I-9, a human resources manager may tell the new employee that they must bring a drivers' license and a social security card to the first day of employment.

false

In order to prove that it has represented a bargaining unit member fairly, the union must take a grievance to arbitration.

false

Private employers are not permitted to monitor and review employee use of employer-owned computers.

false

Pursuant to Michigan's Paid Medical Leave Act, effective March 29, 2019, all employers are required to provide paid sick leave to their employees.

false

Section 7 employee rights are only relevant when an employer has a union.

false

Section 8(b) (4) prohibits primary picketing by a union against an employer with which it has a dispute.

false

Section 8(d) requires the parties to make concessions or to reach an agreement in order to show they have engaged in good faith bargaining.

false

The Family and Medical Leave Act (FMLA) requires an employer with 50 or more employees to provide paid medical leave for an employee with a serious health condition.

false

The NLRA applies to both public and private employers.

false

The National Labor Relations Act (NLRA) requires a secret ballot election to determine whether employees' want a union as their bargaining representative.

false

The union's bargaining pressure tactics include its ability to lock out the employees or to permanently replace nonstriking workers.

false

When a collective bargaining agreement expires, the employer can refuse to bargain with the union without violating Section 8(a)(1) and 8(a)(5) of the NLRA.

false

When a collective bargaining agreement expires, the employer is no longer obligated to arbitrate any disputes.

false

All of the following are true about a trade secret EXCEPT

it is generally known by the public

To what extent may an employer limit union soliciting by employees? By nonemployees?

limit soliciting to non working areas, enforcing rules that do not discriminate, as long as the employee can still get information

Alternative dispute resolution includes each of the following, EXCEPT:

litigation

Alternative despute resolution

mediation, arbitration, conciliation

Under the NLRA, unfair labor practice strikes are:

protected activity

If the labor union of a soft drinks company is picketing in front of the wholesaler, instead of picketing on the company's premises, generally under the NLRA:

such secondary picketing shall be prohibited

In Michigan, a noncompete agreement may be enforceable when the restrictions are reasonable as to each of the following EXCEPT

the ongoing compensation the individual must receive during the period of the noncompete obligations

A successor employer which hires a substantial number of the employees who were formerly members of a union may be required to recognize and bargain with the union.

true

A tort is a civil wrong or injury caused either intentionally or negligently.

true

An employer and a union which has been certified as the exclusive bargaining representative are legally required to bargain in good faith.

true

An employer can prohibit all solicitation and distribution of union materials at its workplace.

true

An employer is legally required to bargain in good faith with a union which represents its employees.

true

An employer may resort to lockout only after bargaining in good faith to an impasse.

true

Employers are free to permanently replace employees who go on an economic strike.

true

Generally, in the labor law setting an arbitrator's decision is final, binding, and enforceable.

true

If an employee is injured at work, workers' compensation insurance provides the employee payment for lost wages and medical expenses.

true

Intentional infliction of emotional distress is a tort which in the employment context generally requires the plaintiff (employee) to prove that the employer's actions, which caused severe emotional distress, were extreme and outrageous.

true

Many employer violations of Section 8(a)(1) occur in the context of union organizing campaigns, and often involve restrictions on the soliciting activities of employees or coercive or threatening remarks made by the employer.

true

The Board requires that the parties in an election must refrain from formal campaigning for twenty-four hours prior to the election.

true

The parties to a collective bargaining agreement generally incorporate arbitration as the final step of the grievance procedure.

true

There is a constitutional right to picket, but there is no recognized constitutional right to strike.​

true

Unfair labor practices (ULPs) are various forms of conduct or activities that adversely affect employees in the exercise of their rights under Section 7 of the NLRA.

true

When the employer and union have bargained in good faith to the point of impasse related to a mandatory subject of bargaining, the employer may unilaterally implement its final proposed offer without violating Sections 8(a)(1) and 8(a)(5) of the NLRA.

true

Workers' compensation laws generally are administered at the state level.

true

Under the NLRA, no petitions seeking a new representation or decertification election can be filed for bargaining unit of employees during the _____ period following the election.

twelve-month

Weingarten rights provide:

unionized employees the right to have a union representative present during a meeting which may lead to discipline

An individual who is otherwise qualified to receive unemployment benefits will NOT be eligible for benefits if the termination of employment was due to

willful misconduct