Deck 23: Immigratiion and Labor Law

Question 1

Requiring union membership as a condition of continued employment is illegal in many states.

Answer 1

True

Question 2

Workers have a right to refuse to cross a picket line of fellow workers who are engaged in a lawful strike.

Answer 2

True

Question 3

An employer who violates the law by hiring an unauthorized alien is subject only to the penalty of a forced discharge of the employee.

Answer 3

False

Question 4

During a union election campaign,any statement by a union supporter to an employee regarding working conditions is considered a threat.

Question 5

An employer may hire an illegal immigrant if the employer files a special form.

Question 6

An employer may hire temporary substitute workers to replace strikers.

Question 7

Criminal penalties apply to employers who engage in a "pattern or prac?tice" of immigration law violations.

Question 8

The law guarantees union members higher wages than nonunion workers.

Question 9

An employer must verify a prospective worker's eligibility for employ?ment in the United States and abroad.

Question 10

After every strike,strikers have a right to return to their jobs.

Question 11

An employer's refusal to bargain over certain subjects demonstrates a lack of good faith.

Question 12

An employer's knowledge that a person is unauthorized to work in the United States is a basis for liability even if the person is an independent contractor.

Question 13

An employer can agree with a union not to handle non-un?ion-produced goods.

Question 14

A closed shop is a workplace that rejects union membership as a condi?tion of employment.

Question 15

Employers and unions have a duty to bargain in good faith.

Question 16

A supervisor may be included in a worker union.

Question 17

Contracts limiting employees' rights to join unions are lawful.

Question 18

A union obtains authorization cards from a majority of workers to justify an election among the workers for unionization.

Question 19

During a union election campaign,employers can undertake certain types of surveillance to identify union supporters.

Question 20

Good faith is the only defense to a charge that an employer fails to pos?sess certain paperwork with respect to its employees.

Question 21

David's family came to the United States from Ukraine in 1895.Eva's family came to this country from Venezuela in 1995.Fiona's family came from Mexico in 2005.Current immigration laws are based on

A)a national origin quota system proportional to the 1890 census.
B)a racial quota system proportional to numbers updated periodically.
C)a system of sanctions against employers who hire illegal immigrants.
D)the exclusion of convicts and prostitutes.

Question 22

Sol believes that he has suffered as a result of Tom Turkey Processing,Inc.'s hiring of illegal immigrants.Sol has a direct cause of action against Tom Turkey under

A)no current law.
B)the Immigration Act of 1990.
C)the Immigration Reform and Control Act of 1986.
D)the National Labor Relations Act of 1935.

Question 23

During a union election campaign at Skyscraper Construction Corporation,the employer threatens the employees with a layoff.This is an unfair labor practice

A)only if Skyscraper delivers on the threat.
B)only if the employees change their views on unionization.
C)under all circumstances.
D)under no circumstances.

Question 24

Machine Operators Union is engaged in collective bargaining with Natural Coffee Roasters,Inc.(NCR).The employer must bargain over

A)the decision to relocate a facility if it changes the scope of NCR.
B)the decision to relocate a facility if the labor costs are not a factor.
C)the hiring of unnecessary excess workers.
D)the price of food in NCR's employees' cafeteria.

Question 25

During a union election campaign at Western Hydraulics Company,the union can cam?paign on Western's property in

A)any areas at any time.
B)non-work and work areas during non-work time.
C)non-work areas at any time.
D)non-work areas during non-work time.

Question 26

Hu,Ivan,and Juana apply to work for King Meatpacking Company.These individuals' identities and eligibility to work must be verified by

A)the employer.
B)the individuals.
C)the individuals' countries of origin.
D)the U.S.Citizenship and Immigration Services.

Question 27

Bonny works for ChemCoat Corporation.ChemCoat refuses to pay Bonny and its other employees for time spent exclusively on union ac?tivities.This violates

A)the Labor-Management Relations Act.
B)the National Labor Relations Act.
C)the Norris-LaGuardia Act.
D)no federal labor law.

Question 28

Nan,Oto,and Pablo immigrated to the United States from Sierra Leone,Turkey,and Uruguay.The most important laws regulating immigration are

A)federal statutes.
B)local ordinances.
C)regional regulations.
D)state legislation.

Question 29

Detailed Designs Company,an architectural firm,wants to hire Eduardo,a noncitizen.A temporary work visa is most likely to be set aside for a noncitizen who is

A)a "person of ethnic similarity to the employer's workforce."
B)a "person of extraordinary ability."
C)a "person of ordinary ability and ambition."
D)a "person with an extraordinary work ethic."

Question 30

Seafood Canning Corporation keeps a file of I-9 verifications forms.To inspect this file,the appropriate government officer must obtain

A)a subpoena and a warrant.
B)a subpoena or a warrant,but not both.
C)not a subpoena,a warrant,or the employer's consent.
D)the employer's consent.

Question 31

Detroit Auto Company (DAC)agrees with its employees' union not to buy any nonunion-produced component parts from other firms for use in DAC products.This is

A)a permissible secondary boycott.
B)a prohibited secondary boycott.
C)a technically legal secondary boycott.
D)a unilateral one-party boycott.

Question 32

Assembly Workers Union believes that Beveled Products Corporation has violated a federal labor law.The appropriate step is for the union to

A)call a strike.
B)file an unfair labor practice complaint with the National Labor Relations Board.
C)file a suit in the appropriate federal court.
D)petition the president of the United States,who has eighty days to make a decision.

Question 33

Boz,a clerk for a Cheezy Burger,Inc. ,restaurant goes out on strike with the other employees.After the strike,Boz must be given his job back if there is still work at the restaurant and the strike was

A)a lawful economic strike.
B)an "excuse" for a few days off.
C)an unjustified strike.
D)an unlawful "practice" strike.

Question 34

Ted,a worker who is dissatisfied with slow negotiations between his union,United Factory Workers (UFW),and his employer,Variety Manufacturing,Inc. ,convinces 10 percent of the UFW employees to call their own strike.This is

A)a hot-cargo agreement.
B)an illegal strike.
C)a secondary boycott.
D)common-situs picketing.

Question 35

Clerical Workers Union demands that Miracle Medical Research Company hire unnecessary workers.This most likely violates

A)federal labor law.
B)state right-to-work laws.
C)federal wage-and-hour laws.
D)no federal or state law.

Question 36

During a union election campaign at Builders & Pavers Corporation,the employer asks the employees to publicly state their personal views on unionization.This is an unfair labor practice

A)only if it is a condition of continued employment.
B)only if the employees do not want to state their views.
C)under all circumstances.
D)under no circumstances.

Question 37

Southwestern Foods Corporation operates a packaging plant near the border between the United States and Mexico.Due to the location,it would be easier for Southwestern to employ noncitizens.It is legal for a U.S.employer to

A)hire persons not authorized to work in the United States.
B)recruit persons not authorized to work in the United States.
C)refer for a fee persons not authorized to work in the United States.
D)none of the choices.

Question 38

Fedro is an employee of Earth & Sea Mining Company.Under federal law,Fedro and other employees have the right to

A)bargain collectively with Earth & Sea through their representative.
B)insist that Earth & Sea require union membership to work.
C)require Earth & Sea to contribute financially to their union.
D)refuse to bargain with Earth & Sea through their representative.

Question 39

During a union election campaign,Autowerks Repair,Inc. ,prohibits on-site,work-hour solicitations by any party,including Mechanics Union,which is seeking the workers' unionization.This violates

A)federal labor law.
B)federal election law.
C)federal solicitation law.
D)no federal law.

Question 40

Hotel Employees Union is engaged in collective bargaining with International Lodging,Inc.The employer would show bad faith by

A)compromising on particular issues.
B)constantly shifting positions on disputed contract terms.
C)not discussing union positions with employees.
D)sending only bargainers who have authority to commit to a contract.

Question 41

Some of the employees of Relay Computers,Inc. ,decide that they want to be represented by the Science Workers Union in bargaining with Relay over overtime pay and the times that the plant opens and closes.Relay,and some employees,including Tracy,are against the union.Who can demand that a union election be held? If the union loses the election,can it picket Relay? If the union is elected,does it have to represent Tracy? If the union is elected,does Relay have to bargain over overtime pay and the times that the plant opens and closes? If the union is elected,how soon can a decertification election be held?

Question 42

Healthy Harvest Company runs a candy and fruit processing and pack?aging plant.Most of Healthy Harvest's business is done during holiday seasons,especially between Halloween and New Year's Day,and in the spring.The company hires a large temporary workforce during its busi?est times.Occasionally,a position opens for an individual with highly specialized skills,particularly to operate and maintain the company's inventory and sales control systems.Can Healthy Harvest hire nonciti?zens for its temporary,seasonal work? Can the company hire a nonciti?zen with special skills for certain jobs? If so,what procedures must the employer follow in both situations to do this hiring? If not,how can Healthy Harvest be assured that it is hiring only citizens?