Law 3220 Chapter 15 Questions

The cost to business of substance abuse, in lower productivity and higher medical insurance costs, is estimated to be about:

$250 billion per year

Which of the following is not a requirement of the Drug-Free Workplace Act imposed on all companies that do more than $25,000 worth of business with the federal government?

b. test new employees for possible drug use

There are about ____ workplaces under OSHA jurisdiction

c. 7 million

The first phase of the National Labor Relations Act is known as the:

d. Wagner Act

The National Labor Relations Act was enacted in parts. Which law(s) is(are) part of it?

d. the Landrum-Griffin Act and Wagner Act/ and Taft-Hartley Act

Wrongful discharge is a:

d. tort

A unionizing company:

a. cannot impose a drug-testing program unless approved by the union in collective bargaining

A grievance arbitration clause means:

a. disputes arising under a collective bargaining agreement must be resolved by an internal grievance procedure

Researchers comparing labor market flexibility in various nations found that:

a. many poor countries have the most restrictive labor markets

During a union campaign employers may not do which of the following:

a. promise a pay raise if the workers defeat the union

Which of the following was one of the first OSHA health standards developed:

a. protection from exposure to asbestos

State right-to-work laws are allowed by:

a. the Taft-Hartley Act

In Long v. Superior Senior Care, Long was issued on the job and filed for workers' compensation. Superior contended that she was an independent contractor so it was not responsible for such assistant. The Arkansas high court held that:

a. the conditions of the job showed that Superior maintained little control, so Long was an independent contractor not due to workers' compensation

Lockouts are legal as long as:

a. there is no evidence of bad intent

Many workers' compensation systems are running out of money due to:

a. too many lifetime payment awards being given to workers who are not actually permanently disabled

Which of the following things should be stated in a company's substance abuse policy:

a. what is being tested for

A primary boycott is:

b. a strike against an employer whose collective bargaining agreement is in question

Most early job-safety legislation was:

b. at the state level

If over half of the employees at a workplace vote for union representation, the NLRB will:

b. certify the union as the exclusive bargaining agent for all employees in the bargaining unit

To increase the likelihood that substance tests performed due to "reasonable suspicion" of improper usage will be upheld, an employer should:

b. have a clearly announced policy of such tests

The _____ covers employees exposed to hazardous chemicals.

b. hazard communication standard

Under the FMLA employees who have a foreseeable leave approaching, such as for birth, adoption, or planned medical treatment, must:

b. notify employers at least 30 days in advance

If 30% or more of the employees of a company sign authorization cards collected by a union organizer then the organizer will request a(n) ______ from the NLRB

b. representation election

"Yellow-dog" contracts, in which employees agree not to join a union as a condition of employment, were made unlawful by:

b. the Norris-La Guardia Act

In Caterpillar Logistics Services v. Solis, where an employee claimed to suffer an on-the-job injury, but Caterpillar's experts said the problem was from a preexisting condition, but OSHA (Department of Labor) held that it was a work injury, the court of appeals held that:

b. the decision of the administrative law judge was not reasonable because it failed to consider qualified expert testimony offered by Caterpillar

The ___ requires employers with 100 or more full-time employees to give advance notice of a plant closing or mass layoff if 50 or more employees will be affected

c. Worker Adjustment and Retraining Notification Act

A secondary boycott, in general, is:

c. an attempt to force others to stop doing business with an employer not directly involved in the labor dispute

If a dispute between an employer and the union representing workers cannot be resolved by the standard internal grievance procedure, then most collective bargaining agreements call for the dispute to go to:

c. an outside labor arbitrator

Exceptions to the presumption of at-will employment come from:

c. both courts and legislation

In addition to the contractual agreements that place limits on employment relationships, there are public policy exceptions that come from:

c. both statutes and application of common law rules

Before the Norris-La Guardia Act, federal courts:

c. could issue injunctions to stop labor strikes

In Ballalatak v. All Iowa Agriculture Association, where Ballalatak contended that he was fired for inquiring into whether the company was fulfilling its workers' compensation obligation and the general manager claimed he was fired for insubordination, the Iowa State Supreme Court held that Ballalatak:

c. could not sue for wrongful discharge because Iowa does not protect an employee who advocates internally for another employee's workers' compensation claims

In Callison v. City of Philadelphia, where Callison was told that while on FMLA leave that he had to be at home during work hour unless he called to report where he could be going, he sued to protest the policy. The court of appeals held that the employer:

c. did not violate the FMLA by its policy

Which of the following is not an exception to the employment-at-will doctrine, for which workers may not be fired, at least in some states:

c. disloyalty toward the public image of the employer

Which of the following is not subject to mandatory bargaining?

c. dividends for stockholders

About one in ______ working-age people have, at some point, a substance-abuse problem

c. eight

Under federal immigration law all:

c. employers must collect evidence of citizenship or of legal work status for all employees

Employees may be required to sign, as a condition of employment, an agreement that they will not sue the employer in case they are injured on the job. This is called:

c. exculpatory agreement

The main purpose of the Landrum-Griffin Act is to have:

c. more detailed regulation of internal union affairs

Under the whistle-blower exception to the general rule of employers having the right to dismiss employees:

c. private employers are less likely to be subject to whistle-blower exceptions than are public sector employees

Which agency is responsible for doing studies to help standards for workplace safety:

c. the National Institute for Occupational Safety and health Council

Which of the following is things need not be shown by a worker in order for her to have a claim under workers' compensation:

c. the employer must be at fault for causing the injury

In Teamsters Local Union No. 523 v. National labor Relations Board, where a sales representative complained of unfair labor practices after he was demoted by the union when his employer consolidated its distribution so that the union would represent all distribution workers, rather than only some, the U.S. Court of Appeals held that:

c. the union and employer were discriminating against the employee in a way that encouraged union participation

The Taft-Hartley Act does not prohibit unions from which activity:

c. working to expand union activity to more bargaining units

When an employer fires an employee in violation of a public policy exception to the presumption of at-will employment, the employee may sue for:

c. wrongful discharge

Which of the following was created by the Occupation Safety and Health Act of 1970:

d. OSHA, Occupational Safety and Health Review Commission, the National Institute for Occupational Safety and Health

In Zambelli Fireworks Manufacturing Co. v. Wood, where Zambelli sued Wood for violating the non-compete agreement in his contract, the appeals court held that:

d. Wood's specialized knowledge from working at Zambelli in addition to customer goodwill constituted legitimate business interests that Zambeli had a right to protect through a reasonable restrictive covenant

When an employer, union or employee files a labor practice complaint with the National Labor Relations Board it goes to:

d. an administrative law judge for resolution if the NLRB staff finds merit in the complaint

Legal standards, in the area of drug testing, are:

d. different in various states

Anti-raiding covenants are:

d. held to be a violation of public policy in some states and enforced in others

A move to unionize might come from:

d. interest in employees and a union organizer

The benefits of workers' compensation do not cover:

d. punitive damages for gross injury

Which of the following actions are employers most likely to be able to take when it comes to drug testing?

d. screen job applicants for drug use before they are hired and routinely test employees on an annual basis as part of a physical examination

In general, the NLRB and the courts will not permit outside union organizers access to:

d. the property of a company opposing unionization

In varying degrees across the states, the courts do no look with favor on certain contracts that at times are made part of the employment arrangement, which of the following is in that category:

e. NCA, Anti-raiding covenants & exculpatory agreements (not substance abuse)

Under the Omnibus Transportation Employee Testing Act, which employees must be tested for alcohol and drug use?

e. airline pilots, bus drivers, and commercial truck drivers

Which class of employees is not covered by the NLRA:

e. managers and independent contractors and government workers

The powers of the National Labor Relations Board include:

e. monitoring of unfair labor practices and determining if employees want to be represented by a union and representing the NLRB in court

Concern about work safety and health:

e. started with the state regulation of coal-mine safety that started in the late 1800s

The National Labor Relations Board is composed of members chosen by:

the President and is considered to be quite political