The purpose of picketing is to ___ a labor dispute

Labor and Employee Relations/Fiorentino

Spring 2019

Midterm Exam/Spring 2019
Part One--multiple choice; one points each-24 points total

Directions: Please choose one of the four choices. Then, if you desire, in one-three sentences, explain why you selected that particular answer. Or, in the alternative, you may explain why the others are wrong.

1. The law that establishes minimum wage for workers, the maximum number of hours that can be worked, and overtime pay, is called the _____________________.

a) Civil Rights Act of 1964

b) Americans with Disabilities Act

c) Family and Medical Leave Act

d) Equal Pay Act of 1963

e) Fair Labor Standards Act

2. The Occupational Safety and Health Act of 1970:

a. requires employers to establish pension plans or to meet specific benefit levels

b. requires covered employers to pay their employees time and a half for hours worked in excess of 40 in one week

c. is designed to provide reasonable leave periods for family-related health issues.

d. Permits inspectors to enter the workplace at any reasonable time and without advance notice.

3.

Which of the following statements is true of workers' compensation?

a. “Worked related injuries” implies injuries arising out of employment or those that are related to the type of employment involved.

b. Employers are required to report on-the-job fatalities and injuries that require hospitalization.

c. The secretary of labor authority is delegated to establish detailed health and safety standards that must be complied with by employees only

d. Injuries occurring on the way to and from the job are considered to be within the course of employment.

4. Simpson, Inc. is a corporation whose principal business is the manufacture and sale of toilets. Bart is the manager in charge of employees in Simpson’s product delivery division. Homer is one of the employees within that division. One afternoon, while employee Homer was en route to a retail customer’s place of business, Homer got into a car accident (due to his negligence—he was too busy changing radio stations to see the car making a turn ahead of him) and caused injury to the other car’s driver. The injured driver files suit against Bart, Homer, and Simpson, Inc. Who is liable?

a. Homer, because he is an employee acting within the course and scope of employment

b. Bart because he is the manager of Homer

c. Simpson Inc. because Homer’s actions were within the course and scope of employment

d. Homer, Bart, and Simpson Inc. will all be liable for the above reasons.

5. The Fair Labors Standards Act requires covered employers

a. pay their professional staff time and a half for hours worked in excess of 45 in one week.

b. pay their employees a minimum hourly wage

c. pay their employee double time

d. be involved in hiring and firing decisions.

6. The Family Leave Medical Act:

a. covers birth but not adoption of a child

b. covers employees the moment they begin work

c. requires employers with 30 employees to give covered employees up to 18 paid workweeks of leave per year to deal with the care of themselves.

d. provides job security to employees with serious health conditions.

7. Fay was admitted as a new partner in Charmed City Chocolates, a general partnership, in May 2017. In June, while delivering a chocolate order to a residence, Charmed City’s delivery employee negligently crashed into the rear of a parked car destroying a bicycle mounted on the back of the car and damaging the rear of the car. Which of the following is true about liability for the employee’s negligence?

a. Charmed City is not liable for the accident as it was the result of the employee’s negligence.

b. Charmed City is liable for the accident, but Fay is not liable as she was admitted to the partnership only 1 month prior to the accident.

c. The delivery driver is an employee-agent of Charmed City, and Charmed City is liable for the acts of its employees.

d. The delivery driver is an employee-agent of Charmed City, but Charmed City is not liable for the negligent acts of its employees.

8. An at-will employee may be discharged for any reason unless the discharge violates a contract or ___.

(A) statute

(B) rule

(C) investigation

(D) fairness

9. The public policy exception to the at-will employment doctrine is also known as the ___ exception.

(A) implied contract

(B) covenant of good faith and fair dealing

(C) just cause

(D) whistleblower

10. Wages are part of the employee’s ___ in the employment contract.

(A) consideration

(B) capacity

(C) intent

(D) acceptance

11. The two primary functions of the National Labor Relations Board are to hold representation elections and determine ___.

(A) unfair labor practice cases

(B) objections

(C) regulations

(D) administration

12. NLRB representation procedures are initiated by the filing of a ___/

(A) complaint

(B) charge

(C) petition

(D) objection

13. The basic remedy for an employer’s unlawful aid or assistance to a union is ___.

(A) disestablishment

(B) fine

(C) cease and desist

(D) injunction

14. Under the Wright Line Test an employer’s unlawful conduct will be excused if it can be shown that the ___ action would have occurred regardless of unlawful motivation.

(A) bad

(B) adverse

(C) discriminatory

(D) illegal

15. Right to work states by statute prohibit ___ union membership.

(A) compulsory

(B) voluntary

(C) financial core

(D) dues free

16. . ___ is an essential element of the duty to bargain.

(A) fairness

(B) power

(C) good faith

(D) reason

17. An employer with whom a union has a labor dispute is a ___ employer.

(A) primary

(B) secondary

(C) joint

(D) double-breasted

18. An employer with whom a union does not have a dispute is a ___ employer.

(A) primary

(B) secondary

(C) joint

(D) double-breasted

19. In the formula C + P = ULP, the C stands for ___.

(A) compulsion

(B) collective

(C) coercion

(D) concerted

20. Featherbedding involves pay for work not ___.

(A) available

(B) easy

(C) useful

(D) performed

21. A strike is a ___ refusal to work.

(A) lawful

(B) primary

(C) intentional

(D) concerted

22. The right to strike is a ___ right.

(A) limited

(B) extensive

(C) powerful

(D) temporary

23. Only ___ strikes and picketing are legally protected.

(A) temporary

(B) primary

(C) economic

(D) unfair labor practice

24. The purpose of picketing is to ___ a labor dispute

(A) win

(B) advertise

(C) counteract

(D) legitimatize

Part Two: Short Essay (6 points total)

Instructions: Please answer all parts of each question.

1. Joan and Ron drove their car to the Hills warehouse loading dock behind the store to load the chairs into their car. The loading dock attendant was helping another customer load furniture when Joan and Ron arrived at the dock. Joan and Ron waited about ten minutes, and then told the dock attendant they would load the chairs themselves. The six chairs were sitting on the dock in plain sight so the attendant agreed. As soon as he was free, the attendant quickly came to help Joan and Ron load the last of the six chairs into their car. When Joan and Ron unloaded the chairs at their home, the leg on one of the chairs was broken in transit. Joan and Ron returned to Hills with the damaged chair and requested that Hills replace it. They admitted the chair was not damaged when it was sitting on the dock before being loaded into their car. They further claimed that because the dock attendant was unavailable to load the chairs when they arrived at the dock, Hills should be responsible for the damaged chair. Joan and Ron stated they were not professional furniture handlers and should not have had to load the chairs themselves or be responsible for any damage.

a. Should Hills legally be responsible for the damage to the chair? Why or why not?

b. If you were the Hills warehouse manager, how would you handle this situation, and what would be your legal justification?

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