Exam 26: Employment and Labor Law

Hanson Corporation is concerned that its employees are spending too much work time talking on the telephone,sending e-mails,and using the Internet for personal uses.Discuss what steps Hanson may legally pursue to protect its interests in productivity.

A union declares it will be engaging in a partial strike whereby its employees will alternate between working for a period of time and then walking off the job for an indefinite time.Thus,employees may work for a few days or only a few hours before walking off the job again.The employer claims the union does not have the legal right to engage in a partial strike.Which statement is correct?

Abbott provided evidence of fraudulent financial reporting about his employer,a publicly traded company,to federal securities investigators.Abbott receives whistleblower protection under:

Roxanne was fired from her job when her employer instituted a new policy that prohibited employees from smoking cigarettes.This requirement applied to off-duty time as well as job-related time.Roxanne claimed that she could not quit smoking and that she was wrongfully fired since she did not smoke in the workplace -- only when she was outside the building and during off-duty time.

Jessica was a former employee of Mark.When potential employers called Mark for a reference about Jessica,he stated she was not a very good worker and had been fired for excessive absences.He said he believed Jessica was on drugs,but he did not know for sure.Jessica learned what Mark was saying and sued him.In most states:

The National Relations Labor Act of 1935 is also known as the:

A state law prohibits firefighters and school teachers from going out on strike.Though they are allowed to organize into collective bargaining units,state law prohibits them from striking.Such a state law:

Ron and several fellow workers of Vicy,Inc. ,a small manufacturing company,wished to organize a union.When Vicy learned of this activity,it issued a bulletin to all workers stating that a union will only hurt the company and that "we are a family that can solve any problems ourselves -- we do not need union activists from outside our company trying to tell us what to do!" Which statement is correct concerning the bulletin issued by Vicy?

The union representing workers at Blue Ridge Co.were unable to reach a collective bargaining agreement with management.The union may legally stage a strike in which members stop working but remain at their job posts,physically blocking replacement workers from taking their places,so the strike is more effective.

Wrongful discharge claims are generally based upon all EXCEPT:

Since 1900,the number of workplace injuries and deaths has decreased,partly due to the OSHA,even though the size of the workforce has increased fivefold.

Orson was fired from his job behind the ticket counter at the airport.He was loudly told to put his personal belongings into a plastic bag and was led out by security guards in front of his co-workers and customers.His supervisor told him not to return.Orson's employer faces potential liability for:

The Family and Medical Leave Act applies to:

Identify some of the trends and characteristics of organized labor.For example,discuss how the statistics compare for percentage of government vs.private sector employees with union membership,what occupational groups and industries have the highest percentage of unionized workers,and what regions of the country have the highest and lowest union membership.

Jim was a mechanic.One day when he attempted to weld a car's gasoline tank,it exploded and he was hurt.He filed to collect workers' compensation.His employer resisted on grounds that Jim had been negligent and had also violated the express regulations of the company when he attempted to weld a gasoline tank.Which statement is correct?

The Employee Retirement Income Security Act (ERISA)requires employers to establish pension plans for employees.

The prohibition against wrongful discharge prohibits an employer from firing a worker for a bad reason.

Megan was employed by a large company.Her supervisor told her to falsify government reports.She refused and was fired.She sued for wrongful discharge.Her employer claimed that,since Megan was an at-will employee,she had no legal right to claim the company was liable for damages.Is the employer right?

The National Labor Relations Act requires the union and the employer to reach an agreement through good-faith collective bargaining.

Some courts have held that employee handbooks create binding contract terms.