Exam 3 (CH 10-13)

Drug testing by employers is not generally prohibited by any: a. federal legislation. b. states legislation. c. state statutes. d. private companies.

a. federal legislation.

After Taft-Hartley, the National Labor Relations Act was amended several times, the most significant version being the: a. Clayton Act. b. Landrum-Griffin Act. c. Sherman Act. d. Wagner Act.

b. Landrum-Griffin Act.

The _____ involved government working closely and actively with business to revive the economy. a. National Labor Relations Act b. National Industrial Recovery Act c. Norris-La Guardia Act d. Landrum-Griffin Act

b. National Industrial Recovery Act

Which one of the following legislative protections is mainly designed to protect smokers or tobacco users from employment discrimination as long as their tobacco use is after the working hours? a. Criminal Record b. Clean Indoor Air c. Honesty Testing d. Off-Duty Conduct

d. Off-Duty Conduct

The _____ was encouraged by the Americans with Disabilities Act (ADA) to develop a list of diseases that can be transmitted through food handling. a. American Medical Association b. Public Health Service c. U.S. Food and Drug Administration d. Secretary of Health and Human Services

d. Secretary of Health and Human Services

Which case illustrates the broad scope of the definition of labor dispute under the Norris-La Guardia Act? a. National Labor Relations Board v. Kentucky River Community Care, Inc. b. Pulte Homes, Inc. v. Laborers' International Union of North America c. Duplex Printing Press Company v. Deering d. Loewe v. Lawlor

b. Pulte Homes, Inc. v. Laborers' International Union of North America

Which one of the following Section, in part, states that "All persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contract as is enjoyed by white citizens"? a. Section 1982 of the Civil Rights Act of 1991 b. Section 1981 of 42 U.S.C. c. Section 1985 of the Sarbanes-Oxley Act of 2002 d. Section 1986 of the National Labor Relations Act

b. Section 1981 of 42 U.S.C.

The labor union at the National Textile Industry decided to go for a strike in order to press for increased wages and other benefits in industry. This strike would be called a(n): a. unfair labor practice strike. b. whipsaw strike. c. economic strike. d. surveillance strike.

c. economic strike.

Wills appeared for a written examination for a job in the Department of Health in Federal Government. He was selected for the particular job, but the head of the department disqualified him on the ground of disability. In this case, 501 of the Rehabilitation Act, prohibits discrimination on the basis of disability by the: a. jury. b. state executive. c. federal executive. d. state legislature.

c. federal executive.

In Vande Zande v. State of Wisconsin Dept. of Administration, the court held that an employer's refusal to allow a disabled employee to work at home was: a. a violation of the ADA. b. a discriminatory action. c. not a violation of the ADA. d. a violation of the NLRA.

c. not a violation of the ADA.

The American Federation of Labor (AFL) adopted a pattern of union organization based on the British trade union system which provided the members with: a. workers' compensation. b. children educational benefit plan. c. sick and death benefits. d. housing loans.

c. sick and death benefits.

Economic strikers who have been permanently replaced may vote only in elections held within _____ after the strike begins. a. six months b. nine months c. twelve months d. eighteen months

c. twelve months

Persons who are affected by alleged violations of the USERRA must file written complaints with the: a. National Labor Relations Board. b. Equal Employment Opportunity Commission. c. National Federation of Labor Union. d. Federal Secretary of Labor.

d. Federal Secretary of Labor.

Which of the following is not true regarding USERRA? a. It covers both private and public sector employers. b. It also covers the federal government. c. It prohibits employers from discriminating against employees because of their service in the military. d. It applies only to career military service.

d. It applies only to career military service.

Sam was fired from his employment because he had opposed the management decision to terminate several disabled coworkers from employment. Sam filed a complaint and participated in proceedings under the ADA against the employer. In this case: a. the company can press charges against Sam since the Americans with Disabilities Act allows companies to take action against employees. b. Sam is protected under Americans with Disabilities Act, which prohibits retaliation by the employers. c. Sam cannot participate in the court proceedings since ADA provides a defense to the employers. d. Sam can no longer be involved in this case since he terminated from employment prior to the proceedings.

b. Sam is protected under Americans with Disabilities Act, which prohibits retaliation by the employers.

The conditions under which a representative election is held where the NLRB tries to ensure that neither the employer nor the union unduly affects the employees' free choice, is called: a. laboratory conditions. b. ex parte agreements. c. bilateral conditions. d. employee free choice conditions.

a. laboratory conditions.

A basis of discrimination, classification, or differential treatment such as race, color, gender, religion or national origin by government action, for which there is little legitimate justification for treating persons because of such characteristics, is called as a: a. suspect class. b. nonsuspect class. c. minority class. d. bargaining unit.

a. suspect class.

Section 10(b) of the National Labor Relations Act requires that unfair practice charges must be filed: a. within six months of the occurrence of the alleged unfair practice. b. after a year of the occurrence of the alleged unfair practice. c. according to the convenience of the aggrieved person. d. after a notice has been issued by the board stating the date the charge can be filed.

a. within six months of the occurrence of the alleged unfair practice.

The _____ applies to both private and public sector employers with fifteen or more employees, but does not apply to most federal government employers, American Indian tribes, or bona fide private membership clubs. a. National Labor Relation Act b. Americans with Disabilities Act c. Occupational Safety and Health Act d. Equal Pay Act

b. Americans with Disabilities Act

The Railway Labor Act was amended by the: a. National Industrial Recovery Act. b. Congress. c. National Labor Relations Board. d. Taft-Hartley Act.

b. Congress

In June 1934, President Roosevelt formulated _____, which authorized the President to establish a board or boards empowered to investigate disputes arising under Section 7(a) of the NIRA and to conduct secret ballot representation elections among employees. a. the National Labor Board b. the New Deal c. Public Resolution No. 44 d. the Bipartite Agreement

c. Public Resolution No. 44

The NLRA exclude all of the following from its definition of employer except: a. public sector employers. b. railroads. c. cooperatives. d. airlines subject to the Railway Labor Act.

c. cooperatives.

The Civil Rights Act of 1991 was amended to allow suits for compensatory and punitive damages against parties accused of intentional discrimination in violation of the Americans with Disabilities Act (ADA) under: a. Fourth Amendment of the U.S. Constitution. b. U.S.C. section 1980b. c. Section 704(k) Title VII. d. 42 U.S.C. Section 1981A.

d. 42 U.S.C. Section 1981A.

Except in those instances where sex may be a BFOQ, all state EEO laws, in terms or conditions of employment, prohibit the discrimination on the basis of: a. age. b. gender. c. sexual orientation. d. race.

b. gender.

The _____ added some protection for minority factions within the bargaining units. a. Employee Free Choice Act b. Taft-Hartley Act c. National Labor Relation Act d. Clayton Act

b. Taft-Hartley Act

When the Supreme Court declared the NIRA to be unconstitutional in its 1935 Schechter Poultry Corp. v. U.S. decision, it also destroyed: a. the Railway Act. b. the old NLRB. c. the National Labor Relations Act. d. the NLRB.

b. the old NLRB.

Discrimination on the basis of disability against otherwise qualified individuals with a disability by persons or entities operating or administering any federally funded programs is prohibited under the: a. Civil Rights Act, section 501. b. Americans with Disabilities Act, section 503. c. Rehabilitation Act, section 504. d. Title VII, section 505.

c. Rehabilitation Act, section 504.

When a valid election has been held in a bargaining unit, no new election can be held for a twelve-month period for that unit or any subdivision of the unit. This provision is provided under: a. the National Labor Relations Act (NLRA). b. the Payment of Wages Act. c. Title VII of the Civil Rights Act. d. the Human Rights Act.

a. the National Labor Relations Act (NLRA).

Which of the following conditions are included in the definition of disability under the Americans with Disabilities Act (ADA)? a. Employees who use illegal drugs b. Infectious or contagious diseases c. Temporary or short-term nonchronic conditions d. Alcoholics who use alcohol

b. Infectious or contagious diseases

The Seventh Circuit enforced a bargaining order despite a delay of four years and turnover of most the bargaining unit employees in: a. America's Best Quality Coatings v. NLRB. b. DTR Industries v. NLRB. c. Kinney Drugs, Inc. v. NLRB. d. Charlotte Amphitheater Corp. v. NLRB.

a. America's Best Quality Coatings v. NLRB.

The employee union at the National Steel Supply Company requested their employer to pay the minimum wages and improve the working conditions in the company. The request of the union was refused by the employer. The employer threatened to permanently replace the union members if they go on strike. Subsequently, the union decided to go on strike. This is an example of a(n): a. unfair labor practice strike. b. economic strike. c. whipsaw strike. d. surveillance strike.

a. unfair labor practice strike.

Ruth was diagnosed with an advanced stage of AIDS. Since she was a chef at a restaurant, the employer refused to allow her to work in the kitchen fearing that she may transmit the disease to others through food. Ruth filed a suit against the employer stating violation of ADA by refusing her job on the basis of her disability. There is a strong probability that the court held that, the employer has: a. violated ADA. b. food handler defense. c. job-related criteria defense. d. violated NLRA.

a. violated ADA.

Employers from discriminating against employees because of their legal off-duty recreational or political activities are prohibited under _____ of the New York State Labor Law. a. Section 201-a b. Section 201-d c. Section 205-d d. Section 203-b

b. Section 201-d

Richard (plaintiff) tested positive for AIDS. He applied for a job at Gray Company (defendant), but was refused a job by the company due to his illness. He filed a lawsuit against the company by alleging violation of ADA. In this scenario, there is a strong possibility that the defendant may refuse to hire or accommodate an individual if: a. the individual has any type of sexually transmitted illness. b. that individual's condition poses a direct threat to the health of other workers. c. the individual has tested positive for AIDS or any such communicable disease. d. it can be established that Richard's illness would cause discomfort among the other employees.

b. that individual's condition poses a direct threat to the health of other workers.

The EPPA requires that any polygraph test must be administered by a(n): a. independent contractor. b. validly licensed examiner. c. labor inspector. d. arbitrator.

b. validly licensed examiner.

Section 9(b) of the NLRA provides that the definition of an appropriate bargaining unit is a matter left to the: a. company management. b. labor union organizations. c. NLR board's discretion. d. federal government.

c. NLR board's discretion.

The definition of "employee" under the NLRA includes persons working for a company and, at the same time, being paid by a union to help the union organize the company was the central issue in: a. NLRB v. Meenan Oil Co., L.P. b. NLRB v. Kentucky River Community Care, Inc. c. NLRB v. Town & Country Electric, Inc. d. Duplex Printing Press Company v. Deering.

c. NLRB v. Town & Country Electric, Inc.

Which one of the following state laws allows institutions of higher education to obtain background checks on applicants for security-sensitive positions? a. Tennessee law b. Indiana law c. Texas law d. Missouri law

c. Texas law

In Georgia Association of Educators v. Harris, a federal court in Georgia: a. held that asymptomatic HIV was a disability within the meaning of the ADA because it was a medical condition that impaired the major life activity of reproduction. b. granted an injunction against transfer to a Georgia administrative position because the risk of AIDS transmission in the classroom was minimal. c. issued an injunction against the enforcement of Georgia legislation requiring drug tests of all applicants for state employment. d. issued an injunction to prevent an employer from unilaterally implementing a drug testing program.

c. issued an injunction against the enforcement of Georgia legislation requiring drug tests of all applicants for state employment.

Which one of the following option is a program that involves giving preference in hiring or promotion to qualified female or minority employees? a. Contract compliance program b. Labor management program c. Social welfare program d. Affirmative action program

d. Affirmative action program

Which one of the following Sections states that "For the purposes of this section, the term "make and enforce contracts" includes the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms and conditions of the contractual relationship? a. Section 1971 of the Sarbanes-Oxley Act of 2002 b. Section 1981 of the Rehabilitation Act c. Section 1981(a) the National Labor Relations Act d. Section 1981(b) of the Civil Rights Act of 1991

d. Section 1981(b) of the Civil Rights Act of 1991

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 elections. a. three- month b. six-month c. nine-month d. twelve-month

d. twelve-month

In National Labor Relations Board v. Kentucky River Community Care, Inc., the lower court's judgment was: a. remanded. b. dismissed. c. reversed. d. upheld.

d. upheld.

The National Recovery Administration is responsible for administering the codes of fair competition under the: a. National Industrial Recovery Act. b. Norris-La Guardia Act. c. Sherman Act. d. Taft-Hartley Act.

a. National Industrial Recovery Act.

Stuart and Melvin were employees of ANZ Construction Company. They both sustained serious injuries while working and took a week off. The company awarded Stuart $500 as compensation, but nothing was awarded to Melvin. In this case, Melvin has the right to present his grievances to his employer without intervention of bargaining representative under the: a. Taft-Hartley Act. b. National Labor Relation Act. c. Occupational Safety and Health Act. d. Fair Labor Standards Act.

a. Taft-Hartley Act.

For labor issues, the National Labor Relations Board itself is the: a. judicial branch. b. administrative branch. c. legislative branch. d. arbitral tribunal.

a. judicial branch.

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: a. until the new bargaining unit is decided. b. during the life of that bargaining agreement. c. for the next twelve months from the date of the previous election. d. for the next twelve months from the date of signing the contract.

b. during the life of that bargaining agreement.

Bruce was an excellent kitchen manager who had recently tested positive for AIDS. He applied for a job in a restaurant, but was rejected because the restaurant feared that his illness may transmit to others when he handled the food. This is a violation of Americans with Disabilities Act. Under this circumstance, Bruce has legal remedies in the form of: a. liquidated damages. b. injunction. c. front pay. d. specific performance.

b. injunction.

Yellow-dog contracts require employees to sign a contract with the employer, where the employees agree not to: a. revolt against the employer. b. join any union. c. challenge management decisions legally. d. divulge confidential information.

b. join any union.

Section 2(3) of the NLRA, in its definition of "employee" expressly excludes: a. factory workers. b. supervisors. c. federal employees. d. labor unions.

b. supervisors.

In Humphrey v. Memorial Hospitals Association, Carolyn Humphrey worked for Memorial Hospitals Association (MHA) as a medical transcriptionist. Humphrey was fired on October 10, 1995 because of her history of: a. stress and anxiety. b. tardiness and absenteeism. c. reduced sales and profitability. d. surgery and heart disease.

b. tardiness and absenteeism.

Because _____ gave little guidance concerning the administrative structure of the newly created agency, the NLRB adopted an administrative organization that made it prosecutor, judge, and jury with regard to complaints under the act. a. Bill Clinton b. the Wagner Act c. the old NLRB d. Barack Obama

b. the Wagner Act

Which of the following Sections prohibits two or more persons from conspiring to deprive a person or class of persons "of the equal protection of the laws, or of equal privileges and immunities under the law?" a. Section 1981(a) of the EEOC b. Section 1981(b) of the Age Discrimination Act c. Section 1985(c) of the Civil Rights Act d. Section 1991 of the Gender Discrimination Act

c. Section 1985(c) of the Civil Rights Act

The purpose and effect of the Taft-Hartley Act were to balance the rights and duties of: a. different unions coming together. b. employee and employers. c. both unions and employers. d. non-unionized employees.

c. both unions and employers.

The socialist movement initially sought to: a. press for affirmative action. b. engage in political activities. c. form community collectives. d. organize unions.

d. organize unions.

The employees of Freddy Auto Sales decided to select Peter 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, or other conditions of employment. In this scenario, Peter is covered under the: a. Workmen's Compensation Act. b. National Labor Relations Act. c. Equal Employment Opportunity Act. d. Civil Rights Act.

b. National Labor Relations Act.

Section 20 of the Clayton Act restricted the: a. issuance of labor injunctions. b. issuance of ex parte orders. c. yellow-dog contracts. d. filing of interlocutory applications.

a. issuance of labor injunctions.

Which one of the following options is a basis of discrimination, classification, or differential by government action which is neutral with regard to race, color, gender, religion or national origin, and which is related to legitimate government interests? a. Due process clause b. Strict scrutiny test c. Suspect class d. Non-suspect class

d. Non-suspect class

Smith was an employee of NYC Inc. with a history of alcohol and drug abuse. Though he successfully completed rehabilitation, he frequently fell ill which caused him to be absent from work. The owner of the factory assumed that Smith had slipped back into drug and alcohol abuse and insisted that Smith undergo random testing each week. Smith filed a lawsuit in court alleging that the company's decision was discriminatory and violated the ADA. The court held that: a. ADA does not consider drug test to be a medical test. b. the factory practices violated Americans with Disabilities Act. c. under the ADA a drug test may be considered to be a medical test. d. the factory owner can conduct the test despite Smith's disapproval.

a. ADA does not consider drug test to be a medical test.

In which of the following cases did the Supreme Court hold that an individual who applies for Social Security disability benefits may still be a "qualified individual with a disability" within the meaning of the ADA? a. Cleveland v. Policy Management Systems b. Board of Trustees of the University of Alabama v. Garrett c. Albertsons, Inc. v. Kirkingburg d. Sutton v. United Air Lines, Inc.

a. Cleveland v. Policy Management Systems

The _____ emphasized political activity as well as organizing activity and had spectacular success in organizing the workers of the steel, automobile, rubber, electrical, manufacturing, and machinery industries. a. Congress of Industrial Organizations (CIO) b. American Federation of Labor (AFL) c. Change to Win Coalition d. International Brotherhood of Teamsters

a. Congress of Industrial Organizations (CIO)

An individual must first file an ADA complaint with a state or local agency, where appropriate, and then with the: a. EEOC. b. OSHA. c. NLRB. d. U.S. Supreme Court.

a. EEOC.

In Henry v. City of Detroit, Henry filed a suit under: a. Michigan's Whistleblower's Protection Act. b. the Civil Rights Act of 1991. c. the federal Civil Service Reform Act. d. the Federal Mine Health and Safety Act.

a. Michigan's Whistleblower's Protection Act.

In _____, the court held that the NLRB will intervene if either party uses a forged document that renders the voting employees unable to recognize the propaganda for what it is. a. NLRB v. St. Francis Healthcare Center b. Bro-Tech Corp. v. NLRB c. Packard Motor Car v. NLRB d. American Hospital Association v. NLRB

a. NLRB v. St. Francis Healthcare Center

If an employer engages in unfair labor practices after receiving the union's request for recognition, the union is free to seek a Gissel-type bargaining order from the: a. National Labor Relations Board. b. American Federation of Labor. c. International Labor Organization. d. Occupational Safety and Health Administration.

a. National Labor Relations Board.

_____ defines employee to include "any individual whose work has ceased as a consequence of ... any current labor dispute ... and who has not obtained any other regular and substantially equivalent employment". a. Section 2(3) of the National Labor Relations Act b. Section 704(k) of the Civil Rights Act c. Section 9(c)(3) of National Labor Relations Act d. Section 10 of the Occupational Safety and Health Act

a. Section 2(3) of the National Labor Relations Act

An employer is entitled to file a petition only after one or more individuals or unions present that employer with a claim for recognition as the bargaining representative according to: a. Section 9(c)(1)(B). b. Section 9(c)(1)(A). c. Section 9(c)(2)(A). d. section 10(a)(1)(B).

a. Section 9(c)(1)(B).

In National Treasury Employees Union v. Von Raab, the Supreme Court upheld rules of the: a. U.S. Customs Service. b. U.S. Prevention of Drug Act. c. National Labor Relation Board. d. Occupational Safety and Health Act.

a. U.S. Customs Service.

In Smith v. Blue Cross/Blue Shield of Kansas, Inc., an accommodation that would eliminate an essential function of the employee's job is not reasonable, and an employer is not required to wait indefinitely for: a. an employee to return to work. b. the government to take action. c. insurance to be paid. d. an employee to take medical test.

a. an employee to return to work.

Executive Order No. 11246 states that, as amended, firms doing business with the federal government must agree not to discriminate in employment on the basis of race, color, religion, national origin, or gender. This forms the basis of the federal government: a. contract compliance program. b. affirmative action program. c. social welfare program. d. labor management program.

a. contract compliance program.

Mr. Todd was elected as a bargaining representative of the labor union at Hudson Manufacturing Company. Later, it was found that Mr. Todd did not have majority support to remain as a bargaining representative. So, a group of employees decided to file a(n) _____ under the provisions of Section 9(c)(1) of National Labor Relations Act. a. decertification petition b. suo moto action c. appeal d. quo warranto

a. decertification petition

In Cleveland Board of Education v. LaFleur, the Supreme Court struck down a rule imposing a mandatory maternity leave on teachers reaching the fifth month of pregnancy on grounds that it violated the _____ rights of the teachers. a. due process b. equal protection c. affirmative action d. fundamental

a. due process

In the late 1880s, the development of all of the following provided powerful weapons for use against the activities of organized labor except: a. ex parte proceedings. b. yellow-dog contracts. c. labor injunction. d. antitrust laws.

a. ex parte proceedings.

Firms found to be in violation of the obligations under the Executive Order, either through the courts or the administrative proceedings may be subject to _____ and required to provide back pay and grant retroactive seniority to affected employees. a. injunctions b. review petition c. pre trial judgment d. summary dismissal

a. injunctions

The use of psychological profile tests as an employee selection device could possibly raise issues under the _____ or state antidiscrimination legislation. a. Civil Rights Act of 1991 b. Americans with Disabilities Act c. federal Equal Employment Opportunity d. federal Employee Polygraph Protection Act

b. Americans with Disabilities Act

The constitutional challenges to public sector drug testing are based on the _____, which forbids unreasonable searches or seizures by the government. a. Third amendment b. Fourth amendment c. Equal Protection Act d. Sixth amendment

b. Fourth amendment

In United Packinghouse Workers Union v. NLRB, the court held that race discrimination by an employer was an unfair labor practice in violation of _____ of the NLRA. a. Section 8(b)(2) b. Section 8(a)(1) c. Section 1981(a) d. Section 8(a)(3)

b. Section 8(a)(1)

In NLRB v. Meenan Oil Co., L.P., the National Labor Relations Board filed petitions for enforcement of its order finding against the defendant regarding violation of: a. Section 9(a)(2) of the National Labor Relations Act. b. Sections 8(a)(1) and (5) of the National Labor Relations Act. c. Sections 7(a)(1) and (5) of the National Labor Relations Act. d. Section 21 of the National Labor Relations Act.

b. Sections 8(a)(1) and (5) of the National Labor Relations Act.

In which of the following cases did the Supreme Court uphold the constitutionality of Federal Railroad Administration regulations that required drug tests of all railroad employees involved in accidents, regardless of whether there was any reason to suspect individual employees of drug use? a. Raytheon Co. v. Hernandez b. Skinner v. Railway Labor Executives' Association c. New York City Transit Authority v. Beazer d. Vande Zande v. State of Wisconsin Dept.

b. Skinner v. Railway Labor Executives' Association

Which one of the following options provides general protection for civil service workers from any discipline or retaliation because they have disclosed a violation of laws or regulations, gross mismanagement or a gross waste of funds, or a substantial and specific danger to the public health or safety? a. The Civil Rights Act of 1866 and 1870 b. The Federal Civil Service Reform Act c. The National Labor Relations Act d. Executive Order 11246

b. The Federal Civil Service Reform Act

Which one of the following acts imposes both civil and criminal penalties for employers who take adverse employment actions against whistleblowers? a. The Civil Service Reform Act b. The Sarbanes-Oxley Act c. The Civil Rights Act d. The Fair Labor Standards Act

b. The Sarbanes-Oxley Act

The National Labor Relations Act is also known as the: a. Taft-Hartley Act. b. Wagner Act. c. Landrum-Griffin Act. d. The Norris-La Guardia Act.

b. Wagner Act.

In United Dairy Farmers Co-op. Assoc. v. NLRB, the U.S. Court of Appeals for the Third Circuit held that the Board had the power to issue a: a. termination order. b. bargaining order. c. mareva injunction. d. summary judgment.

b. bargaining order.

In American Hospital Association v. NLRB, the U.S. Supreme Court upheld the NLRB's health care industry bargaining unit rules and the power of the NLRB in order to establish: a. prima facie case through disparate impact treatment. b. bargaining units through its rule-making authority. c. trade union through its discretionary power. d. hiring hall through its mandatory power.

b. bargaining units through its rule-making authority.

The Board holds that unfair labor practice strikers: a. cannot constitute a bargaining unit. b. cannot be permanently replaced by the employer. c. are not eligible to vote in any election held during the strike. d. may also be considered as economic strikers.

b. cannot be permanently replaced by the employer.

Section 9(e)(1) of the National Labor Relations Act provides for the holding of a deauthorization election to rescind the union shop clause in a(n) _____ agreement. a. employment b. collective c. non-disclosure d. arbitration

b. collective

The National Labor Board established the principles of _____ and _____ in a particular bargaining unit. a. injunctions; ex parte agreement b. majority rule; exclusive representation c. rules of evidence; appellate rules d. miranda warning; negotiation

b. majority rule; exclusive representation

Duke was an employee at General Vehicles Company. He had a problem with alcohol and often remained absent from work. The company decided to terminate him from employment after confirming their suspicions, but without providing a warning or any suggestion to undergo rehabilitation. In this case, the company violated ADA and Rehabilitation Act, which failed to: a. a proper medical test. b. make reasonable accommodation. c. establish the connection between alcoholism and productivity. d. make any further investigation.

b. make reasonable accommodation.

The federal and state legislation generally prohibits employers from requiring employees to take: a. honesty tests. b. polygraph tests. c. psychometric tests. d. physical fitness tests.

b. polygraph tests.

Employers are required to make _____ for employees with AIDS or related conditions, as long as the employees are capable of performing the essential functions of the job. a. rehabilitation b. reasonable accommodation c. disability exception provision d. improvisations

b. reasonable accommodation

In Severino v. North Fort Meyers Fire Control Dist., it was held that a firefighter who was HIV-positive was reasonably accommodated under the Rehabilitation Act by being reassigned to light duties because the medical evidence indicated a risk of transmission of his disease to others during: a. communication with others. b. rescue operations. c. training. d. meal times.

b. rescue operations.

In Comet Electric and Bro-Tech Corp. v. NLRB, the court held that any mass union rallies or employer captive-audience speeches during the _____ period will be grounds to set aside the election result. a. campaign b. silent c. injunction d. negotiation

b. silent

A constitutional analysis used by courts hearing equal protection claims involving governmental discrimination based on a "suspect class" is known as a(n): a. contract compliance program. b. strict scrutiny test. c. affirmative action plan. d. social welfare program.

b. strict scrutiny test.

A bargaining representative election was held in Smith Electronic Company against the will of the employer. The employer threatened to terminate those employees who cast their vote during representative election. In this situation, the employer has violated: a. administrative regulations. b. the contract bar rule. c. the silent period. d. the forty-eight-hour rule.

b. the contract bar rule.

One of the grounds on which the National Labor Relations Board will review an election is if: a. the majority of employees demand review. b. the procedure involved some error that prejudiced a party. c. there is a tie among the parties. d. the parties demand review.

b. the procedure involved some error that prejudiced a party.

An election was conducted at General Affairs Company to elect a union bargaining representative. The election was conducted in a fair manner, but the opposite union called for a re-election. Under Section 9(c)(3) of National Labor Relations Act, no new election can be held for a _____ period for that unit. a. twenty-four month b. twelve-month c. thirty-six month d. six-month

b. twelve-month

A bargaining representative election was held in Truitt Manufacturing Company, in which Stefan was elected as a bargaining representative for the bargaining unit. Chuck, one of the union members in the company, filed a petition under Section 9 (e) (1) of NLRA, stating that the election conducted was a deauthorization election. The NLRB rejected his petition because he failed to establish requisite support of _____ of the bargaining unit. a. 20 percent b. 40 percent c. 30 percent d. 50 percent

c. 30 percent

In Chalfant v. Titan Distribution, Inc., Chalfant sued Titan for disability discrimination under the _____ and was awarded _____. a. National Labor Relation Act; $100,000 in front pay b. Americans with Disability Act; $60,000 in front pay c. Americans with Disability Act; $60,000 in back pay d. National Labor Relation Act; $100,000 in front pay

c. Americans with Disability Act; $60,000 in back pay

In Duplex Printing Press Company v. Deering, Duplex responded to the national boycott called by the Machinists' Union by filing suit for an injunction under the: a. Sherman Act. b. National Labor Relations Act. c. Clayton Act d. Norris-La Guardia Act.

c. Clayton Act

The Americans with Disabilities Act (ADA) applies to all of the following individuals or groups except: a. House of Representatives. b. U.S. employers operating abroad or controlling foreign corporations. c. Federal government employers. d. private and public sector employers with fifteen or more employees.

c. Federal government employers.

Which one of the following laws requires criminal background checks for employees of the state Lottery Commission? a. Texas law b. Virginia law c. Indiana law d. Tennessee law

c. Indiana law

Plaintiffs may bring suits under Section 1981 to challenge racial or ethnic harassment or retaliation, according to: a. Saint Francis College v. Al-Khazraji. b. Lopez v. S. B. Thomas, Inc. c. Manatt v. Bank of America, N.A. d. None of these answers.

c. Manatt v. Bank of America, N.A.

The Railway Labor Act established a three-step procedure for settling disputes. Which of the following is not one of them? a. Use a federal mediation board to attempt to facilitate negotiation of the parties' differences. b. Induce the parties to arbitrate the dispute. c. Refer the dispute to the Office of the General Counsel. d. Recommend to the president that an emergency board of investigation be created.

c. Refer the dispute to the Office of the General Counsel.

The provisions of the _____ prohibit discrimination against otherwise qualified individuals with a disability. a. Civil Rights Act of 1984 b. Fair Labors Standards Act c. Rehabilitation Act of 1973 d. Executive Order 11246

c. Rehabilitation Act of 1973

The prohibitions of _____ extend to the deprivation of any rights guaranteed by the Constitution or by law. a. Section 1981(a) of the Civil Rights Act of 1991 b. Section 1981(b) of the Civil Rights Act of 1991 c. Section 1983 of 42 U.S.C. d. Section 1985 of 42 U.S.C.

c. Section 1983 of 42 U.S.C.

Which one of the following options is responsible for investigating and pursuing claims of whistleblowers? a. Equal Employment Opportunity Commission b. National Labor Relations Board c. The federal Office of Special Counsel d. International Labor Organization

c. The federal Office of Special Counsel

The newly certified bargaining agent should be given a reasonable opportunity to fulfill its mandate by successfully negotiating a(n) _____ with the company. a. contract b. election procedure c. collective bargaining agreement d. affirmative action plan

c. collective bargaining agreement

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: a. fair trade practices. b. union activities. c. collective bargaining. d. arbitration proceedings.

c. collective bargaining.

Antitrust laws provided legal weapon for employers in the form of the Sherman Antitrust Act of 1890. Which of the following acts appeared to provide the relief sought by the laborers? a. The Railway Labor Act b. The Norris-La Guardia Act c. National Labor Relations Act d. Clayton Act

d. Clayton Act

In _____, the Supreme Court held that an individual who applies for Social Security disability benefits may still be a "qualified individual with a disability" within the meaning of the Americans with Disabilities Act (ADA). a. Southeastern Community College v. Davis b. Albertsons, Inc. v. Kirkingburg c. Toyota Motor Manufacturing, Kentucky, Inc. v. Williams d. Cleveland v. Policy Management Systems

d. Cleveland v. Policy Management Systems

A gymnasium was operated by the Church of Jesus Christ of Latter-day Saints. Aslam was physically challenged, but was able to undertake the job requirements. However, when he applied for the job, he was refused for the position. He filed a suit against the Church alleging violation of ADA by denying him the job. In this case, the church: a. violated Occupational Safety and Health Act. b. violated Title VII of Civil Right Act. c. did not violate Title I of ADA. d. violated U.S. Constitution.

c. did not violate Title I of ADA.

Significant risk to the health or safety of others that cannot be eliminated by reasonable accommodation is known as: a. essential function. b. avoidable risk. c. direct threat. d. undue hardship.

c. direct threat

In McCavitt v. Swiss Reinsurance America Corporation, McCavitt was employed as an executive by Swiss Reinsurance America Corporation (Swiss Re). McCavitt filed a suit against Swiss Re, alleging that his _____ was in violation of Section 201-d New York Labor Law. a. appointment b. promotion c. discharge d. demotion

c. discharge

If either party believes the election laboratory conditions were violated, than he may file objections to the other party's conduct with the regional director within _____ days of the election. a. fifteen b. ten c. five d. thirty

c. five

In Conair Corp. v. NLRB, the U.S. Court of Appeals for the D.C. Circuit held that it was inappropriate for the Board to issue a bargaining order where the union never established evidence of: a. an employment agreement. b. an arbitration agreement. c. majority support. d. minority approval.

c. majority support.

The AAUP's administration decides to freeze faculty salaries and reduce its contribution to the faculty's _____ and pension plans. a. vehicle insurance b. life insurance c. medical insurance d. workers' compensation

c. medical insurance

In Brown v. Lucky Stores, Inc., Lucky Stores fired Brown for abandoning her job. Brown filed suit against Lucky Stores and Hunt alleging discrimination based on her alcoholism under the ADA, Rehabilitation Act, FEHA and various state tort and contract claims. The trial court concluded Lucky Stores did not have a duty to accommodate Brown because she: a. is not disabled under the ADA. b. did not suffer from the contagious disease. c. never requested an accommodation. d. declined the offer to take reasonable accommodation.

c. never requested an accommodation.

The 1974 amendments to the NLRA extended NLRB jurisdiction over: a. bricklayers. b. service industries. c. nonprofit healthcare institutions. d. All of the above.

c. nonprofit healthcare institutions.

Employees who were ordered to active military service are entitled to reinstatement and employee benefits if they meet the following requirements except: a. they gave the employer notice of the period of military service. b. they are absent for a cumulative total of less than five years. c. they were initially employed for a brief, nonrecurring period. d. they submitted an application for reemployment within the designated time period.

c. they were initially employed for a brief, nonrecurring period.

In National Steel Supply, Inc. and International Brotherhood of Trade Unions, Local 713, the NLRB ordered the employer to cease and desist from engaging in: a. whipshaw strikes. b. criminal conspiracy. c. unfair labor practices. d. monopoly practices.

c. unfair labor practices.

Assume that Dave Johnson was suffering from physical disability and applied for a job at Coury Company. If Coury Company rejects his application because of his disability, they have: a. violated the Occupational Safety and Health Act. b. violated the National Labor Relation Board. c. violated the Americans with Disabilities Act. d. discriminated on the basis of gender.

c. violated the Americans with Disabilities Act.

An employee who attempts to report employer wrongdoing or actions threatening public health or safety to government authorities is called: a. union member. b. negotiator. c. whistle blower. d. arbitrator.

c. whistle blower.

Section 3 of the Norris-La Guardia Act declares that _____ are contrary to public policy of the United States. a. ex parte proceedings b. union boycotts c. yellow-dog contracts d. collective bargaining efforts

c. yellow-dog contracts

In Board of Trustees of the University of Alabama v. Garrett, the U.S. Supreme Court, in a 5-4 decision, ruled that the Eleventh Amendment to the U.S. Constitution gave the states immunity from individual suits for damages under the: a. Occupational Safety and Health Act. b. National Labor Relation Act. c. U.S. Constitution. d. Americans with Disabilities Act.

d. Americans with Disabilities Act.

Where a company employs temporary workers supplied by a personnel staffing agency in addition to its own employees, the NLRB will only include the temporary workers in a bargaining unit with the firm's employees if both the employer and the staffing agency agree to the multiemployer bargaining unit, according to: a. Packard Motor Car v. NLRB. b. Oakwood Care Center. c. American Hospital Association v. NLRB. d. Bro-Tech Corp. v. NLRB.

d. Bro-Tech Corp. v. NLRB.

Which of the following statements is not true? a. The Michigan Civil Rights Act specifically prohibits discrimination based on height or weight. b. The District of Columbia Human Rights Law prohibits discrimination based on personal appearance or political affiliation. c. Maine law requires employers to post a notice in the workplace informing employees that sexual harassment is illegal. d. New York law prohibits a mother from breast-feeding her child in any public place.

d. New York law prohibits a mother from breast-feeding her child in any public place.

The _____ was a legislative reversal of the prevailing view of the judiciary that economic injury inflicted by unions pursuing their economic self-interest was unlawful both at common law and under antitrust laws. a. Taft-Hartley Act b. National Industrial Recovery Act c. The Railway Labor Act d. Norris-La Guardia Act

d. Norris-La Guardia Act

The _____ introduced some of the ideas and approaches later incorporated in the National Labor Relations Act (NLRA). a. Taft-Hartley Act b. National Industrial Recovery Act c. Clayton Act d. Railway Labor Act

d. Railway Labor Act

_____ of the NLRA requires that the union be designated or selected by a majority of the employees in order for the union to become the exclusive bargaining agent. a. Section 8(a)(3) b. Section 7 c. Section 2(3) d. Section 9(a)

d. Section 9(a)

In the Danbury Hatters' case, the Supreme Court held that the union boycott was a combination in restraint of trade within the meaning of the: a. Clayton Act. b. National Labor Relations Act. c. Sarbanes Oxley Act. d. Sherman Act.

d. Sherman Act.

Which of the following is true with regard to Hansen v. America Online, Inc.? a. The Utah Supreme Court accepted a wrongful termination suit brought by several employees. b. The employees were discharged for violating an employer's policy prohibiting possession of a firearm on the employer's property. c. The court held that the discharge of the employees was not in violation of public policy. d. The private property rights of the employer allowed the employer to ban firearms from its property.

d. The private property rights of the employer allowed the employer to ban firearms from its property.

Elemental Chemical Manufacturing Company located in New York decided to conduct an election to elect bargaining representative. The NLRB established an eligibility date for the employees at the firm. Jacob Wiles was hired by the Elemental Chemicals after the eligibility date was prepared. In this case, Jacob: a. can vote during the conduct of election. b. can be restrained from entering the company. c. may be withheld from entering the rolls until further notice. d. cannot vote during the conduct of election.

d. cannot vote during the conduct of election.

Judicially exempted employees under the NLRA include: a. expatriates. b. government employees. c. migrant employees. d. confidential employees.

d. confidential employees.

Under the exceptions to the contract bar rule, the Board provides a window, or "open season," during which a rival union can offer its challenge by filing a(n): a. petition for injunction. b. petition for summary dismissal. c. criminal complaint. d. election petition.

d. election petition.

The laws that allow employees to bring firearms onto their employer's property were challenged by a number of employers on the grounds that requiring employers to allow guns on their property would violate the employers' general duty under the _____ to provide a safe workplace. a. Section 201-d of the New York State Labor Law b. Federal Mine Health and Safety Act c. Civil Rights Act d. federal Occupational Safety and Health Act (OSHA)

d. federal Occupational Safety and Health Act (OSHA)

Section 501 of the Rehabilitation Act prohibits discrimination on the basis of disability by: a. states executive. b. private agencies. c. companies. d. federal executives.

d. federal executives.

Private Transport Company was hiring for a bus driver position. Trevor was one of the candidates who applied for the job, but his application was rejected due to his poor vision. Trevor filed suit in court stating that the transport company violated ADA by rejecting his job application. In this case, the company most likely has defenses under: a. direct threat to safety. b. religious entities. c. health defenses. d. job-related criteria.

d. job-related criteria.