Exam 8: The Workplace 1: Basic Issues

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Groups of skilled artisans in the eighteenth century formed secret societies for two basic reasons.What are these two reasons?

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The two basic reasons skilled artisans in the eighteenth century formed secret societies were for mutual support and protection, and to maintain control over their trade and prevent competition from unskilled workers. These societies provided a way for artisans to support each other in times of need, such as illness or unemployment, and also allowed them to regulate the quality of their work and set fair prices for their goods. Additionally, by forming secret societies, artisans could protect their trade secrets and prevent outsiders from entering their profession and undercutting their livelihood.

According to David Ewing,two historical factors lie behind the absence of civil liberties and the prevalence of authoritarianism in the workplace.What are these two factors?

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David Ewing, a legal scholar and author who has written about civil liberties in the workplace, identified two historical factors that contribute to the absence of civil liberties and the prevalence of authoritarianism in the workplace:

1. The Legacy of Master-Servant Law: The roots of modern employment law can be traced back to the master-servant law, a legal doctrine that originated in England during the feudal period. Under this doctrine, the relationship between an employer (master) and an employee (servant) was viewed as one of command and obedience. The master had significant control over the servant's work and conduct, and the servant was expected to be loyal and subservient. This hierarchical framework set the stage for a workplace dynamic where employers have traditionally held a great deal of power over their employees, with limited rights and protections for the latter.

2. The Industrial Revolution and the Rise of the Factory System: The Industrial Revolution brought about significant changes in the way work was organized and conducted. The rise of the factory system centralized production and required a large, coordinated workforce. In this environment, the need for discipline and order was paramount to ensure efficiency and productivity. As a result, workplace practices evolved to emphasize control and authority, often at the expense of workers' rights and freedoms. The factory system entrenched a top-down management style that persists in many workplaces today, where decision-making is concentrated among a few, and workers have limited say in their working conditions.

These historical factors have shaped the legal and cultural landscape of the workplace, leading to a situation where civil liberties are often not as robust as they are in other areas of society. While there have been significant strides in labor rights and protections over the years, the legacy of these factors continues to influence the balance of power between employers and employees.

What is the importance of the Taft-Hartley Act?

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The Taft-Hartley Act, officially known as the Labor Management Relations Act of 1947, is a significant piece of labor legislation in the United States that amended the earlier Wagner Act of 1935, also known as the National Labor Relations Act (NLRA). The importance of the Taft-Hartley Act lies in its impact on the balance of power between labor unions, employers, and the government. Here are some key points that highlight its importance:

1. **Restricting Union Power**: The Taft-Hartley Act was passed in response to a wave of strikes after World War II and growing concerns about the power of labor unions. It aimed to impose limitations on labor practices and to provide employers with some protections against what were seen as overreaching union activities.

2. **Prohibiting Certain Union Activities**: The Act outlawed "closed shops," which required employers to hire only union members. It allowed states to pass "right-to-work" laws that prohibited "union shops," where employees must join the union after a certain period of employment. It also banned secondary boycotts and jurisdictional strikes, which are tactics used by unions to increase their influence.

3. **Establishing Federal Oversight**: The Act gave the federal government more power to intervene in labor disputes. It allowed the President to impose an 80-day injunction when a strike would create a national emergency, thus delaying strikes that could affect the nation's interest.

4. **Regulating Union Activities**: The Taft-Hartley Act required union leaders to sign affidavits swearing they were not communists, reflecting the anti-communist sentiment of the time. This provision was later found to be unconstitutional. It also required unions to provide advance notice before going on strike and made them liable for damages resulting from jurisdictional disputes among themselves.

5. **Empowering Individual Workers**: The Act aimed to protect individual workers against unfair labor practices by unions, such as coercing employees to join the union or discriminating against non-union members.

6. **Amending the Wagner Act**: The Wagner Act was seen as pro-union, and the Taft-Hartley Act sought to balance this by addressing employer concerns. It enumerated unfair labor practices by unions to complement the list of unfair labor practices by employers that were already part of the Wagner Act.

7. **Influencing Labor Law and Relations**: The Taft-Hartley Act has had a lasting impact on labor law and labor relations in the United States. It has shaped the way unions operate and has been a point of contention between pro-labor and pro-management groups.

In summary, the importance of the Taft-Hartley Act lies in its role in reshaping the landscape of American labor relations. By imposing restrictions on unions and providing new rights to employers, it sought to create a more balanced framework for labor-management negotiations and reduce the potential for labor disputes to disrupt the economy. Its legacy continues to influence labor policy and practices in the United States.

Which of these is a valid reasoning for not hiring a potential employee?

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Inbreeding refers to longevity on a job or with a firm.

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Sympathetic strikes have very little power.

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From the beginning,unions have been driven by an attempt to protect workers from abuses of power at the hands of employers.

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Traditionally,the obligations between a business organization and its employees could be boiled down to "A fair wage for an honest day's work."

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If employees who don't join the union get the same benefits as union members,this raises a question of fairness.

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In a handful of American cities local ordinances prohibit discrimination against those who are short or overweight.

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Which of the following is an accurate statement about modifications to common law from the Wagner Act of 1935?

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Employers have the right to fire an employee who performs inadequately,but they should do so

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Labor historians generally consider the Knights of Labor (K of L),established in 1869,as the first truly national trade union.

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Which statement is true about the hiring and employment process?

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One of the seven factors given to help minimize the chances of setting unfair wages and salaries is that 

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An individual with great strength is an equal with the employer in the negotiation process.

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Inbreeding is the practice of showing favoritism to relatives and close friends.

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Which of the following is a correct statement about union activities?

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Fair personnel policies and decisions must be based on criteria that are clear,job related,and

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The Wagner Act of 1935 permitted firing workers because of union membership or union activities.

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