Legal 3301 Exam 4

Industrial Solvents, Inc., averages $15,000 profit per day before deciding to ignore air pollution standards, after which the average is $30,000. Industrial Solvents is subject to a fine of

$30,000 per day.

Detroit Automotive Company (DAC) agrees with its employees' union not to buy any nonunion-produced component parts from other firms for use in DAC products. This is

A hot cargo agreement

General Assembly Corporation, a U.S. employer, may hire Hilo, a non -citizen, if Hilo is

A lawful permanent resident

After extensive collective bargaining, Rubber Workers Union and SuperValu Tire Company cannot agree on terms. The union may

Call a strike

Melinda is a leader of a group attempting to unionize employees of an automobile factory. Melinda asks workers to stop what they are doing on the assembly line in order to read a flyer and fill out a three page survey. Managers of the automobile factory:

Can prevent Melinda's unionization activities if it has a legitimate business reason for doing so

Persons who favor the creation of a federal biotech agency to regulate the production of genetically modified agricultural and animal products should concentrate their lobbying efforts on

Congress

Information Security Inc. pays income and other taxes collected by the Internal Revenue Service (IRS). Like other federal administrative agencies, the IRS was created by

Congress through enabling legislation

Quick Dry, a dry-cleaning firm, wants to hire Javier Guitterez as an employee. Under immigration laws, which of the following would NOT be sufficient to verify Javier's eligibility to work in the United States?

Driver License

Administrative rules simply declare policy and do not affect legal rights or obligations.

False

An employer may not hire substitute workers to replace strikers.

False

Business has little incentive to try to influence the regulatory environment through lobbying.

False

If an employee presents false documentation of eligibility to work in the United States, his or her employer is subject to deportation

False

It is not an unfair labor practice for an employer to contribute financial or other support to a labor organization.

False

Like statutory law, administrative law is created by legislatures.

False

There are no defenses to liability under the Comprehensive Environmental Response, Compensation, and Liability Act.

False

Water-quality standards are set by the Environmental Protection Agency.

False

Forest Products is a mill that has always successfully resisted unionization of its workers by offering better pay and benefits than other employers. Nevertheless, Wilson and several others would like to unionize. The first step they will need to take it to:

Have workers sign authorization cards

Ralph was considering hiring George to work in his grocery store as a shelf stocker. To ensure that George is a citizen or permitted to work in the United States, Ralph should as George to complete the following document:

I-9 employment eligibility verification form

With respect to Italo's bottomland, Jacob has an easement, Kristin has a prot, and Leopold has a license. A right to possess the bottomland is owned by

Italo

Hu, Ivan, and Juana apply to work for King Poultry Company. These individuals' identities and eligibility to work must be verified by

King Poultry

After extensive collective bargaining, Union of Warehouse Workers (UWW) and Volatile Products Company cannot agree on terms. The employer may

Lock out UWW employees

Food Packagers Union represents the workers of Garden Variety, Inc. The company does not require its new hires to join the union as a prerequisite to obtaining employment. Food Packagers would like Garden Variety to require the workers to join after a specified amount of time on the job. This would violate

No federal law

Restocking Warehouse Corporation keeps a file of I-9 verification forms. To inspect this file, the appropriate government officer must obtain

None of the choices

Doctors Hospital Corporation employs seven thousand workers in seven locations. These employees have the right to

Organize

Plywood & Particleboard Mill, Inc., does not use proper lters on its stacks, which consequently pollute the air. Quinn, a Plywood & Particleboard employee, suers respiratory illness. To succeed in a suit against the company on the ground of negligence, Quinn must show that he suers from

Plywood & Particleboard's failure to use reasonable care to avert harm to Quinn.

Steven recently purchased a meat-packing plant in which the employees are unionized. Steven confesses that he knows almost nothing about labor law. In advising him about the National Labor Relations Act., you should tell him that he is prohibited from engaging in all of the following except:

Protecting employees right to strike

During a dispute with Musicale Productions Inc., National Stagehands Union asks the National Labor Relations Board (NLRB) for a ruling. The NLRB rules against Musicale. The employer may appeal the decision to

The appropriate us court of appeals

State and federal transportation agencies may issue regulations that Conflict. When a state regulation conflicts with a federal regulation

The federal regulation takes precedence

All federal agencies must follow specific procedural requirements when fulling their basic functions

True

An administrative rule may be arbitrary and capricious if the agency failed to provide a rational explanation for its decision

True

Employers and unions have a duty to bargain in good faith.

True

For a union election to be held, at least 30 percent of the workers to be represented must support a union or an election on unionization

True

To gain authorization for hiring a foreign worker, an employer must show that no U.S. worker is qualified, willing, and able to take the job.

True

To recruit employees from other countries, an employer must first obtain the approval of the U.S. Department of Labor.

True

Cloud Computing & Processing Corporation wants to hire Dhani, a noncitizen of "extraordinary ability." To hire Dhani, Cloud Computing must petition

US citizen and immigration services

Loaf & Biscuit Company operates a commercial dough making and packaging plant—a "major source"—that emits hazardous air pollutants for which the Environmental Protection Agency has set maximum levels of emission. The plant does not use any equipment to reduce its emissions. Under the Clean Air Act, this is most likely

Violation

Marta needs an electrician to do some work at her home. Her father advices her to make sure that the firm she plans to hire is not a closed shop. Marta is not sure what this means, but later learns that the "closed shop" that her father was referring to is:

a firm that requires union membership by its workers as a condition of employment

Employees at Resource Industries, Inc., want to form into a single union. To constitute an appropriate bargaining unit, a group of workers must have

a mutuality of interest

Ultrahazard Removal & Disposal Corporation transports radioactive materials. Vincent, an Ultrahazard employee, is diagnosed with radiation sickness after exposure to the materials. Vincent's suit against Ultrahazard to recover for the injury is known as

a t

Condos & Course Development, Inc., lls a wetlands area that it owns without a permit from the U.S. Army Corps of Engineers. Condos & Course Development plan to build a golf course and residences on the site. Under the Clean Water Act, this is most likely.

a violation

Nashville, Tennessee, passes an ordinance to regulate waste disposal. The disposal of waste may also be regulated by

all other levels of government.

Grease & Lubricants Inc. makes its products without required pollution control technology, causing a discharge of oily waste into the nearby Holly Lake. This activity can re sult in

criminal fine, imprisonment, an injunction, or damages.

An environmental impact statement must analyze the impact on any affected business of proposed environmental controls.

false

Businesses that engage in ultrahazardous activities are not liable for any injuries the activities cause.

false

National Pollutant Discharge Elimination System permits can be issued even if a discharge will violate water-quality standards.

false

National euent (pollution) standards are set by the Environmental Protection Agency for each industry.

false

Only the federal government may restrict emissions from motor vehicles.

false

Public water systems operators must come as close as possible to meeting the Environmental Protection Agency's standards by using any available technology that is economically and technologically feasible.

false

The Clean Water Act permits the lling or dredging of wetlands without a permit.

false

The Environmental Protection Agency has not concluded that greenhouse gases, including carbon dioxide emissions, constitute a public danger.

false

The primary responsibility for implementing air-pollution standards established under the Clean Air Act rests with state and local governments

false

There is one set of ambient standards—maximum permissible levels of certain pollutants—and the Environmental Protection Agency formulates plans to achieve them.

false

Under the Clean Water Act, criminal penalties apply whether a violation was intentional or unintentional.

false

Unlike statutes, administrative regulations do not have a binding effect.

false

When a release of hazardous chemicals from a site occurs, potentially responsible parties can avoid liability through transfer of ownership.

false

When the meaning of a statute's language is unclear and an agency interprets it, a court need not follow the interpretation even if it is reasonable.

false

Clean n' Green, Inc., operates a chain of car washes throughout the United States. The government entity that is most likely to be involved in regulating the chain's environmental impact is

federal and state regulatory agencies

Hiway Trucking Company believes that International Truckers Union (ITU) has violated a federal labor law. The appropriate step is for Hiway to

file an unfair labor practice complaint with the National Labor Relations Board

The operations of Commercial Concrete, Inc., are major sources of air pollution. These operations must use

he maximum achievable control technology.

Open Pit Excavation Inc. operates a rock quarry next to Robyn's vineyard and winery. Robyn les a suit against Open Pit, alleging that the quarry is a nuisance and unreasonably inter feres with Robyn's enjoyment of her property. The court is most likely to award Robyn an injunction -

if letting the pollution continue is more harmful than stopping it.

Toffel Manufacturing has been requested by its employees' union to bargain with it. Union representatives' express interest in negotiating wages and working hours for its workers. Management at the company declines to bargain with the union because any renegotiation would increase the company's operating costs. Toffel Manufacturing's refusal to bargain:

is not permitted because employers and unions have a duty to bargain in good faith, and bargaining is mandatory for subjects relating to wages or working hours

members of the Metal Workers Union in negotiations with MetalCo, their employers. Union members want MetalCo to agree to not handle or use any materials provided by MetalCo's suppliers that employ nonunion employers. This practice:

is not permitted because it is an illegal hot-cargo agreement

HazMat Waste Corporation operates a hazardous waste storage facility. Concerned that there may be a release of chemicals from the site, HazMat sells the property to Investment Holdings, Inc. If there is a release, HazMat is most likely

liable

Fried Food, Inc., operates a commercial frying plant, discharging pol lut - ants into the air. Greg reports the violations to the Environmental Protection Agency. Greg

may be paid up to $10,000

Negotiators representing Levesque, Inc., are in negotiation with the employees' union regarding terms of a new collective bargaining agreement. Levesque does not want to renegotiate, as it received favorable terms under the current agreement. In order to hold off the union as long as possible, Levesque has been giving unions reasons why they cannot negotiate right now for over eighteen months. This practice is likely:

not a permissible negotiating strategy because excessive delaying tactics constitute impermissible bad faith bargaining

Energy Resources, Inc., operates an oil refinery near Forest River, which flows into Grove Lake. Discharging oil from the refinery into the river can result in

penalties and damages.

Mix-It Concrete Company has the right to enter Nim's land and remove the rock from Nim's quarry. This is

profit

Pest Eradication, Inc., makes a pesticide with a one-in-a-million risk to people of developing cancer from exposure. This substance must be

registered before it is sold.

Energy Market Corporation wants to build a wind power plant on private land, for which a federal permit is required. For this action, an environmental impact statement is

required

Ski Resorts, Inc., wants to add a new run to its facility in a national park on federal land. For this action, an environmental impact statement is

required

Marco conveys three acres of wetlands to Nature Preserves, Inc., with a deed that warrants only that Marco held good title during his ownership of the property. This deed is

special warranty deed

BioChemical Disposal Corporation operates a hazardous waste storage facility. ChemCo Inc. buys BioChemical before it is discovered that the rm's disposal practices violated CERCLA. With respect to these violations, Superfund imposes on ChemCo

strict liability

County Water & Sewer operates a public water supply system. County Water must send to every household it supplies with water an annual statement describing.

the source of the water, and any contaminants and health concerns.

A public authority, such as a state's attorney general, can sue to stop a "public" nuisance

true

An injured party may sue a business polluter in tort under the negligence and strict liability theories.

true

Any oil facility that discharges oil into navigable waters or onto an adjoining shore may be liable for cleanup costs, as well as damages.

true

It is a violation of federal law to sell a pesticide or herbicide that has a chemical strength dierent from the concentration declared on the label.

true

Labor law regulates the circumstances and conduct of strikes.

true

The National Pollutant Discharge Elimination System focuses on industrial wastewater and storm water discharges.

true

Those who knowingly violate the Clean Air Act may be subject to criminal liability

true

The National Park Service hires Outdoor Play, Inc., to replace outdated playground equipment in a handful of national parks. For this action, an environmental impact state ment is most likely

unnecessary because the action is not "major."