Exam 29: Employment and Labor Law

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The management and union at TriColor have bargained for two years without reaching an agreement.After notifying the union,TriColor prohibits the workers from entering the factory to work.This is a lockout.

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True

What is a whistleblower?

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C

Employees of Mega Corp.have gone out on strike seeking better pay.Mega Corp.announces that if the union does not end the strike,it will begin hiring replacement workers.Which statement is correct?

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D

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?

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

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Valley Mart told its employees that they would be fired if they actively supported a unionizing effort.Valley Mart has committed an unfair labor practice.

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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 coworkers and customers.His supervisor told him not to return.Orson's employer faces potential liability for

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Under the Fair Labor Standards Act,which of the following scenarios is legal?

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In the absence of a specific law to the contrary,employers have the right to fire workers for off-duty conduct.

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Connie and her fellow union employees went out on strike when the company refused to meet the union's demands for higher wages and better benefits.Shortly thereafter,the company began hiring permanent replacement workers.After a hard eight-month strike,the union and the company reached an agreement.When the strike was over,Connie was upset that she was not given her job back.The replacement worker that took over her job was retained.She believes she has a legal right to her job,especially since she was a faithful employee for over 20 years.Is Connie right? Explain.

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Sit-down strikes,in which members stop working but remain at their job posts, physically blocking replacement workers from taking their places are legal.

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What legislation did Congress pass in 1932 that prohibited federal court injunctions in nonviolent labor disputes,thereby declaring that workers should be permitted to organize unions and use their collective power to achieve legitimate economic ends?

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Secondary boycotts

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

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There is a higher percentage of workers in labor unions now than at any other point in history.

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The duty of fair representation created by the NLRA requires that

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Under the Family and Medical Leave Act,an employee can take up to 12 weeks of paid leave each year for certain personal and family illness situations.

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During the hiring interview,Supervisor Staci told Henry that as long as he did his job as requested,he would have a job until he retired.Courts have been willing to enforce such an oral promise,even if the company's top management did not approve the statement.

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Under the federal legislation known as OSHA,

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In some states,an employer can discipline or fire employees for

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