Management and Labor Relations
Final Test Solutions
Course Introduction
This course explores the fundamental principles and practices governing the relationship between management and labor in contemporary organizations. Students will examine the theories, legal frameworks, and key processes involved in collective bargaining, dispute resolution, and contract negotiation. The course also addresses the dynamics of workplace communication, employee rights, union organization, and the role of government in regulating labor relations. Case studies and real-world examples provide practical insight into effective strategies for fostering cooperative and productive relationships between employers and employees.
Recommended Textbook
Employment and Labor Law 7th Edition by Patrick
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22 Chapters
1065 Verified Questions
1065 Flashcards
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J. Cihon
Page 2
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Sample Questions
Q1) Which case decided if an arbitration clause can cut off employees' collective access to the rights and remedies of the National Labor Relations Act?
A) Gilmer v. Interstate/Johnson Lane Corporation.
B) In Re D.R. Horton, Inc.
C) West Coast Hotel Company v. Parrish.
D) Alexander v. Gardner-Denver Company.
Answer: B
Q2) Butler was an employee at Auto, an automobile assembling plant. The plant hired a large number of male and female employees but provided deplorable working conditions including unhygienic restrooms and poor ventilation. Despite several complaints and requests, the plant manager did not make any changes. Butler decided to bring this to the attention of the local government authorities through an official complaint. In the above scenario, Butler's role can be described as:
A) willful misconduct.
B) insubordination.
C) whistleblowing.
D) contributory negligence.
Answer: C
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Chapter 2: Employment Contracts and Wrongful Discharge
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Q1) Explain the meaning of the term whistleblower.
Answer: An employee who reports his/her employer's illegal activities to the appropriate governmental entity or, under some state statutes, to the board of directors or senior management of the firm is known as a whistleblower.
Q2) Kelly was an employee of a retail outlet. Although the nature of the work and duties performed by both male and female workers were comparable, the remuneration paid to male workers was significantly higher compared to the female employees. When Kelly brought this to the attention of the management and objected to the difference in pay, her services were terminated without good cause. Under which law can she challenge her termination?
A) Sarbanes-Oxley Act
B) National Labor Relation Board
C) Occupational Safety and Health Act
D) Model Employment Termination Act
Answer: D
Q3) What is META? Explain the importance of Section 3(a) of META.
Answer: META stands for Model Employment Termination Act and Section 3(a) of META prohibits the employers from terminating the employees from employment without having good reasons.
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Page 4
Chapter 3: Commonly Committed Workplace Torts
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Q1) Why have some courts been reluctant to adopt the tort of intentional infliction of emotional distress?
Answer: Courts have been concerned that in the absence of physical injury, plaintiffs can readily fake emotional distress and win undeserved verdicts, and, hence, have been reluctant to adopt this tort.
Q2) A tort that is based on the wrongful discharge cause of action is known as: A) punishment.
B) negligence.
C) promotion.
D) retaliatory demotion.
Answer: D
Q3) What is the remedy for an employer in case of theft of trade secrets by a former employee?
Answer: Employers whose employees misappropriate trade secrets for their own use or for the benefit of a new employer, are entitled to obtain an injunction (court order) putting a stop to such illegal behavior.
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Chapter 4: Employee Privacy Rights in the 21st Century
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Q1) Reasonable suspicion for substance abuse:
A) has not been linked to decrease in productivity at work.
B) could be a result of racial discrimination.
C) is a violation of HIPAA regulations.
D) is usually linked to apparent physical state of impairment.
Q2) Justifiably suspecting a person, based on facts or circumstances, of inappropriate or criminal activities is termed:
A) a tort.
B) surveillance.
C) reasonable suspicion.
D) as a misdemeanor.
Q3) Malice in the context of defamation and invasion of privacy means:
A) animosity toward somebody.
B) a physical altercation must have taken place.
C) knowledge that a statement is false or a reckless disregard of its truth or falsity.
D) none of the above.
Q4) Describe privacy concerns in the context of third-party information request.
Q5) What is a background screening policy?
Q6) What is HIPAA?
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Chapter 5: The Global Perspective: International
Employment Law and American Immigration Policy
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Q1) Which one of these mechanisms creates a legal workforce without decreasing the number of workers available to harvest perishable crops?
A) H-2A program
B) H-1 program
C) H-2 program
D) H-1A program
Q2) State the purpose of the Immigration Reform and Control Act (IRCA) of 1986.
Q3) What are the components of Global Unions?
Q4) List the targets of the Union Network International (UNI).
Q5) Yen Singh had migrated from Bangladesh to U.S., and was working as a labor in the manufacturing industry. He was physically assaulted and victimized by the labor union for an extended period of time. Under which statute can he file a complaint in the district court?
A) Alien Tort statute
B) Torture Victim Protection Act of 1991
C) National Labor Relations Act
D) Tort Claim Act
Q6) What steps did Brazil take in the eradication of child labor and slavery?
Page 7
Q7) What is the role of U.S. Citizenship and Immigration Services (USCIS)?
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Chapter 6: Title VII of the Civil Rights Act and Race Discrimination
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Q1) The Thompson v. North American Stainless, LP. case focuses on:
A) content validity.
B) retaliation in violation of Title VII.
C) seniority.
D) gambling.
Q2) Which of the following cases addresses the question of whether an employer sued for violation of Title VII of the Civil Rights Act of 1964 may assert a "bottom-line" theory as a defense?
A) International Brotherhood of Teamsters v. United States
B) Connecticut v. Teal
C) University and Community College System of Nevada v. Farmer
D) Griggs v. Duke Power Company
Q3) A method of demonstrating that an employment selection device that selects employees based on the traits and characteristics that are required for the job in question is called:
A) construct validity.
B) seniority.
C) content validity.
D) affirmative action.
Q4) What is bona fide occupational qualification?
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Chapter 7: Gender and Family Issues: Title VII and Other Legislation
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Q1) When should an employee give notice for leave under FMLA?
Q2) ____________ state(s) that employers are liable for sexual harassment by supervisory or managerial employees or co-workers and may also be liable for harassment by coworkers or even nonemployees under certain circumstances.
A) The National Labor Relation Board.
B) The Occupational Safety and Health Act.
C) EEOC guidelines
D) U.S. Constitution
Q3) The remedies available under a government suit for the violation of Pay Discrimination Act include___________.
A) injunction and back pay with interest
B) criminal proceedings and coverage for damages
C) criminal proceedings and back pay with interest
D) injunction and coverage for damages
Q4) Explain the leave provision under FMLA.
Q5) What is the procedure to file suit under Equal Pay Act?
Q6) What are the important aspects of the Family and Medical Leave Act?
Q7) Explain the coverage of the Equal Pay Act.
Q8) Explain the provision of the Equal Pay Act. Page 9
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Page 10
Chapter 8: Discrimination Based on Religion and National
Origin Procedures Under Title VII
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Sample Questions
Q1) The EEOC enforces __________ prohibiting employment discrimination.
A) state laws
B) regional laws
C) community laws
D) federal laws
Q2) Luke was selected for the post of junior manager in a five-star hotel. The employer's application for employment contained a Dispute Resolution Agreement requiring employees to submit all employment disputes to binding arbitration. Applicants who refused to sign the Dispute Resolution Agreement were not hired. Such an agreement is:
A) not enforceable under the FAA, as held by the district court.
B) not enforceable under the FAA, as held by the Supreme court.
C) enforceable under the FAA , as held by the Supreme court.
D) enforceable under the FAA, as held by the district court.
Q3) Discuss the enforcement of Title VII.
Q4) Explain Immigration Reform and Control Act of 1986, and Discrimination Based on National Origin or Citizenship.
Q5) How does Equal Employment opportunity commission (EEOC) differ from the workings of the National Labor Relations Board (NLRB)?
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Chapter 9: Discrimination Based on Age
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Q1) Robert is a sixty-year old sales manager at a local car dealership. Due to the state of the economy, the dealership had to undergo restructuring which resulted in the elimination of Robert's position. The duties he performed were transferred to Gaines who was 42-years old. However, Robert felt that the actual reason for eliminating his position was his age, which was against the arbitration clause in his employment agreement. To provide his case, Robert has to:
A) garner support from his colleagues.
B) establish a prima facie case alleging violation.
C) arbitrate with the employer.
D) ask for higher compensation.
Q2) The Age Discrimination in Employment Act (ADEA) prohibits discrimination against employees over what age?
A) 30
B) 40
C) 55
D) 60
Q3) What is meant by "age discrimination in employment" and under which act is it prohibited?
Q4) Provide examples of violations of the Age Discrimination in Employment Act.
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Chapter 10: Discrimination Based on Disability
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Q1) 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.
Q2) What is the procedure to claim remedies under the ADA?
Q3) 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.
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Chapter 11: Other Eeo and Employment Legislation: Federal and State Laws
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Q1) 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 where she is authorized to be.
Q2) 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.
Q3) Name a few instances in which the employers conduct criminal record background checks on applicants.
Q4) What are the requirements of strict scrutiny test?
Page 14
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Chapter 12: The Rise of Organized Labor and Its Regulatory Framework
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Q1) Discuss the socialist movement and its political influence.
Q2) 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.
Q3) What is the extent of jurisdiction of the NLRB?
Q4) What role did the American Federation of Labor (AFL) play in the labor movement in the U.S.?
Q5) 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
Q6) What is a labor injunction?
Q7) Briefly explain Norris-La Guardia Act.
Q8) Briefly describe the National Labor Board. Page 15
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Page 16
Chapter 13: The Unionization Process
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Q1) What is the consequence of filing a decertification petition by an employer?
Q2) 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.
Q3) 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.
Q4) When should an employer file the election eligibility list in the regional office?
Q5) Explain the second exception under contract bar rule.
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Chapter 14: Unfair Labor Practices by Employers and Unions
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Q1) Moonwatcher.com, a video surveillance company, has issued a work rule requiring its employees to have radio frequency identification chips embedded in their forearms, in order to monitor the employees' movements while they are working. This rule violates Section 7 under NLRA because it's overtly intrusive of the employers into the employee's life. To enjoy such rights the employees:
A) need to register for exemption at the NLRB.
B) need not to be a part of an organized union.
C) have to be registered members of the bargaining unit.
D) need to be on the rolls of the company for at least one year.
Q2) Define super seniority in context of collective bargaining.
Q3) List the various types of employer conduct considered illegal under section 8(a) of National Labor Relation Act.
Q4) In Atlantic-Pacific Coast Inc. v. NLRB, employee collecting signatures of coworkers on a letter to management protesting the selection of a new supervisor was held to be engaged in:
A) negotiation tactics.
B) bargaining.
C) protected activity.
D) pressure tactics
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Chapter 15: Collective Bargaining
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Q1) Which of the following does not fall under a mandatory bargaining subject, considering the various ? rulings on the subject?
A) Hours and terms and conditions of employment
B) Prices of food sold in vending machines in the plant cafeteria
C) Changes in medical insurance coverage of retired former employees
D) Employee discounts, shift differentials, and incentive plans
Q2) Proposals under the collective agreement, which involve violations of the NLRA or other laws is known as:
A) prohibited bargaining subjects.
B) bargaining remedies.
C) modification of collective agreement.
D) mandatory bargaining subjects.
Q3) Under _____, when a union is certified as the winner of a representation election, the employer is ? required to bargain with it.
A) Section 9(a)
B) Section 8(a)(1)
C) Section 8(b)(3)
D) Section 8(a)(5)
Q4) What are prohibited bargaining subjects?
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Chapter 16: Picketing and Strikes
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Q1) What is common situs picketing?
Q2) A dispute arises between an employer and the union in National Steel Manufacturing. The employer filed a petition in the Court of Appeals to issue injunction order over the disputes. The Court of Appeals issued an injunction. The union filed an appeal in U. S. Supreme Court against the order of Court of Appeal. The Supreme Court vacated the injunction order, stating that federal court does not have the power to issue injunction order under the:
A) National Labors Relation Act.
B) Occupational Safety and Health Act.
C) Norris-Guardia Act.
D) Sarbanes-Oxley Act.
Q3) Briefly discuss picketing under the National Labor Relations Act.
Q4) The second proviso to _____ allows the union to use publicity other than picketing, for the ? purpose of truthfully advising the public that the secondary employer is handling the product ? of the primary employer.
A) Section 7(a)(1)
B) Section 8(b)(4)
C) Section 9(c)(1)
D) Section 8(a)(5)
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Chapter 17: The Enforcement and Administration of the Collective Agreement
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Q1) What are the advantages of arbitration proceedings?
Q2) The dispute regarding payment of wages between the West Coastal Company and its union was referred to a neutral arbitrator. The arbitration created a new agreement stating the terms and conditions of payment of wages. This is an example of a(n) _____ arbitration.
A) persuasive
B) interest
C) mandatory
D) rights
Q3) Belk Software Company and the union of the company, entered into an agreement with a no-strike clause. Later, the union stated that it was not clear about the terms and conditions incorporated under the agreement. The union requested that the employer reconstruct the agreement, but the employer refused. Subsequently, the union decided to go on strike. In this scenario, what is the remedy available for the employer?
A) Injunction
B) Punitive damages
C) Liquidated damages
D) Writ of certiorari
Q4) Discuss the no-strike clause.
Page 21
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Chapter 18: The Rights of Union Members
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Q1) In Steele v. Louisville & Nashville R.R., the petitioner was an African American locomotive fireman and employee of railroad. The Brotherhood, purporting to act as representative of the entire craft of firemen, without informing the African American firemen or giving them opportunity to be heard, served a notice on the Railroad. The notice announced the Brotherhood's desire to amend the existing collective bargaining agreement that exclude all African American firemen from the service. In this case, the court held that non-union members have judicial remedies of:
A) imprisonment.
B) liquidate damages.
C) injunction.
D) arbitration.
Q2) In Syres v. Oil Workers Local 23, the Supreme Court held that the duty of fair representation also extended to unions granted bargaining agent status under _____ of the National Labor Relation Act.
A) Section 9(a)
B) Section 8()(5)
C) Section 11(1)(c)
D) Section 7(a)
Q3) Who creates the union's duty of fair representation?
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Page 22
Chapter 19: Public Sector Labor Relations
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Q1) How does the Postal Service Reorganization Act influence an impasse?
Q2) In National Federation of Federal Employees, Local 1309 v. Dept. of the Interior, the Supreme Court held that the Federal Labor Relations Authority had the power to determine whether federal employers were required to engage in "midterm" bargaining. Midterm bargaining is:
A) used to create a new collective agreement or to renew an existing agreement.
B) the bargaining during the term of a collective agreement over subjects that were not included in the agreement.
C) a process set up by a collective agreement to deal with complaints that arise under the collective agreement.
D) an arbitration that defines the rights and obligations of each party under the agreement.
Q3) The Federal Labor Relations Authority has broad authority for fashioning remedial orders for:
A) fair representations.
B) unfair labor practices.
C) strikes.
D) whistle blowing.
Q4) Discuss the role of a union with exclusive bargaining status.
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Chapter 20: Occupational Safety and Health
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Q1) _____ variances are granted when the employer establishes by a preponderance of the evidence that its particular procedures provide as safe and healthful a workplace as the Occupational Safety and Health Act standards would provide.
A) Emergency
B) Temporary
C) Permanent
D) Interim
Q2) In Herbert v. Altimeter, Inc., the employee-plaintiff claimed she had been fired in retaliation for:
A) making safety complaints.
B) requesting a reasonable accommodation.
C) filing a workers' comp claim.
D) All of the above.
Q3) _____ is/are the second leading cause of fatal occupational injury in the United States.
A) Burnout
B) Contagion
C) Accidents
D) Homicide
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Page 24
Chapter 21: The Employee's Safety Nets: Unemployment
Workers' Compensation, Social Security, and Retirement Plans
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Q1) How much should a worker be credited when he becomes disabled between the ages of thirty-one and forty-two?
A) Twenty-five quarters
B) Thirty-two quarters
C) Twenty quarters
D) Forty-five quarters
Q2) Benefits paid to employees out of work through no fault of their own and who are available for suitable work if and when it becomes available falls under the category of:
A) unemployment compensation.
B) workers' compensation.
C) welfare benefits.
D) pension plans.
Q3) Which of the following is not a category under the Social Security system?
A) Retirement insurance benefits
B) Medicare
C) Unemployment benefits
D) Disability
Q5) When are workers' compensation benefits awarded? Page 25
Q4) What are the three major benefits that fall under the Social Security system?
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Chapter 22: The Fair Labor Standards Act
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Q1) How is the Fair Labor Standard Act (FLSA) enforced?
Q2) Minors under age fourteen can be employed only in _____ under specific limitations and with parental consent.
A) agriculture
B) packaging
C) domestic-care jobs
D) sports companies
Q3) Machinists and sewing machine operators are usually paid on a(n):
A) hourly basis.
B) piece-rate basis.
C) monthly basis.
D) lump sum basis.
Q4) In Solis v. Laurelbrook Sanitarium and School, Inc., the issue at hand was the:
A) overtime provision of the FLSA.
B) minimum wage provision of the FLSA.
C) child labor provision of the FLSA.
D) All of the above.
Q5) Briefly describe the origin and purpose of the Fair Labor Standards Act (FLSA).
Q6) Does the Fair Labor Standards Act (FLSA) prohibit all child labor?
Q7) What remedies can an employee seek under the Fair Labor Standards Act?
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