QUESTION 1

1.An inter-city bus company provides service between four major cities in Florida, and complies with Florida statutes and regulations that allow bus drivers to drive up to 14 hours without an eight-hour break.The bus company does not travel outside the state of Florida.The drivers' union argues that the company should be following the federal statutes and regulation that applies to bus transportation, which limits bus drivers to no more than 12 hours of driving before a mandatory 8-hour break.The bus company counters that it is wholly within the state, and the state law controls in this situation.Which of the following statements is most accurate?

A.

The employer is correct, because the federal jurisdiction covers interstate commerce, including bus services; but because the employer does not perform interstate service, only the state laws apply.

B.

The bus company is subject only to state law unless its annual revenue exceeds $3 million.In that case, it is subject to federal law because of the commercial impact.

C.

The union is correct that the Federal law will apply, but so will the state law.

D.

The federal law will apply. The drivers cannot work more than 12 hours without an 8-hour break.

10.00000 points

QUESTION 2

1.Bob and Carol are interested in forming a union to represent the employees at the Bank's call center.They have talked about it with some employees, and the word has apparently gotten back to management. They were told that if they continued this type of disruption, they would find their work hours cut, or they would be discharged.

Which of the following is most correct?

A.

Bob and Carol are within the rights guaranteed by law, and their actions to organize the union are protected.They cannot have their hours cut or be discharged.

B.

Bob and Carol are within the rights guaranteed by law, and their actions to organize the union are protected.If their hoursare cut or they are discharged, the statements of management creaate a presumption that they are fired for permitted union organizing activities.Bob and Carol will prevail unless the company can demonstrate some other valid basis for the adverse actions against Bob and Carol.

C.

The relevant labor laws do prohibit firing employees for attempting to organize and form a union. If management did discharge Bob and Carol, it would be a clear violation of Labor Law. However, cutting their hours - even dramatically - would not constitute discharge, and would not be subject to the labor laws.

D.

Bob and Carol are protected if they are members of a union, but in the formation stage, there is not yet a union to be a member of. Therefore, they are not yet protected.

They should have utilized outside assistance from a union office to talk with other employees and set up the organizing meetings, etc., because those union officers would not be subject to adverse action - they don't even work for the bank.

10.00000 points

QUESTION 3

1.Acme Safe Company custom-builds specialty safes for jewelers, coin dealers and others who have high-value inventory.To do thiss, Acme needs a relatively large number of highly skilled machinists - much more skilled than would be found in ordinary industrial use.The Machinists in Art, Jewelry and Engineering, Consolidated (MAJEC) represents many highly skilled machinists who work for area employers.Acme asked MAJEC if it could help Acme find some suitable machinists who might be interested in working in the custom-safe business, which is more stable than jewelry and coins.MAJEC said that it would take steps to identify highly skilled machinists in the union who would be interested, and would keep that list for Acme.MAJEC said that it would doo this at no charge because it helped the union membership, but that Acme had to agree to use this list provided by MAJEC as the exclusive source of new employees.Acme agreed, and they further agreed that no money would be exchanged between Acme and MAJEC.Is this permissible?

A.

This is a permissible arrangement.

B.

This is a permissible arrangement, if the machinists who worked at Acme at the time that Acme and MAJEC entered into the arrangement were NOT members of the MAJEC union.

C.

This is a permissible arrangement, unless the machinists who worked at Acme at the time that Acme and MAJEC entered into the arrangement were NOT members of the MAJEC union.

D.

This arrangement is not permissible under U.S. labor law.

10.00000 points

QUESTION 4

1.The NLRA established all of the following, EXCEPT whichone?

A.

Required employers to bargain with the union representatives on issues raised.

B.

Prohibitedthe employer from behaviors such as refusal to bargain in good faith, discrimination against union members, attempts to dominate the union, and other prohibited unfair labor practices.

C.

Prohibitedthe union from behaviors such as secondary boycotts, coercion of employees in the exercise of their rights, refusal to bargain in good faith with the union, and other prohibited unfair labor practices.

D.

All the above were established in the National Labor Relations Act.

10.00000 points

QUESTION 5

1.The greyhound handlers at the Greyhound Race Park have decided to form a union, and after signing union authorization cards, they presented the cards to management, who refused to recognize the union without conduct of a secret ballot election (which is common practice). The employees contacted the National Labor Relations Board (NLRB), but the NLRB refused to handle the election or the larger case overall.

Which of the following statements is most correct?

A.

The NLRB is not obligated to address the Greyhound handlers request for a supervised election or other support.

B.

The NLRB is not obligated to address the Greyhound handlers request for a supervised election or other supportbecause the NLRB is prohibited from considering cases involving livestock and other animal-related businesses - ranches, agricultural livestock, other commercial

C.

The NLRB is obligated to address the Greyhound handlers request for a supervised election or other support, ifthe Greyhound Park meets the financial minimums to be a business that affects interstate commerce.

D.

The NLRB is obligated to address the Greyhound handlers request for a supervised election or other support.

10.00000 points

QUESTION 6

1.The Taft-Hartley Act (Labor-Management Relations Act) was enacted to modify federal labor law in what way?

A.

TheLMRA was created to further goals first articulated in the NLRA.

B.

TheLMRA was created to apply the NLRA to the states and local governments.

C.

TheLMRA was created to counterbalance the the provisions of the NLRA.

D.

TheLMRA wascreated to accomplish all the above.

10.00000 points

QUESTION 7

1.The machinist union, MAJEC, has passed a bylaw that grants one vote for every five years that a member has been in the union. A member of the union for 20 years would get 4 votes, for example. One member objects to this bylaw.

Is this bylaw permissible under U.S. labor law?

A.

Yes.

B.

Yes, but only if the union bylaws articulate a rational relationship between the requirement and competent voting outcomes.

C.

No, unlessthe union bylaws articulate a rational relationship between the requirement and competent voting outcomes, based on past experience as documented by the union.

D.

No.

10.00000 points

QUESTION 8

1.The pharmaceutical e-commerce business "e-DRUG" was doing great until Amazon expanded into drugs, and now the business is losing revenue and can't support the administrative overhead that it employs.Two high-level executive employees are notified that they will be discharged from the company in a downsizing.

The executives are Adam and Brenda. Adam is a 50-year old male and while he doesn't like the idea that he is being fired, he at least has the comfort of knowing that he will have a $50,000 annual pension from the company that will begin immediately. Brenda is a 41-year old female executive who is not nearly as serene about the situation. She has not been with the organization long enough to get a pension, and will instead receive $100,000 lump sum severance pay.

Brenda and Adam file complaints against the employer for firing them, but not discharging similarly-situated executives who are under 40 years old.Which of the following is most accurate?

A.

Adam's complaintwill be dismissed without any investigation.

Brenda's complaintwill be dismissed without any investigation.

B.

Adam's complaintwill be investigated to determine if there is evidence of age discrimination.

Brenda's complaintwill be dismissed without any investigation.

C.

Adam's complaint will be dismissed without any investigation.

Brenda's complaint will be investigated to determine if there is evidence of age discrimination.

D.

Adam's complaintwill be investigated to determine if there is evidence of age discrimination.

Brenda's complaint will be investigated to determine if there is evidence of age discrimination.

10.00000 points

QUESTION 9

1.The local manufacturing plant is the largest employer in the county, and considering all the money spent by the plant in the county, about 14% of the county's economy.The plant is downsizing and will be laying off 50 employees, which constitute about 40% of the total workforce. The plant notified the employees and the community 30 days prior to the date that the 50 would be discharged.Are there remedies to pay the parties injured by this action?

A.

The discharged employees can receive another 30 days of backpay and benefits from the plant, in addition to the 30 days that the employees will get with the notice, thereby giving them 60 days of pay from the time they are notified of the loss of their jobs.

B.

The community in which the plant is located can receive up to $500 per day for 60 days from the plant.

C.

Neither A nor B are correct.

D.

Both A and B are correct.

10.00000 points

QUESTION 10

1."Right to Work" federal legislation means that:

A.

an employee cannot be discharged without just cause.

B.

an employee cannot be discharged without just cause, notice, and an opportunity to respond to the charges.

C.

even if a union does represent the bargaining unit,an employee does not have to join that union.

D.

a worker has a right to a job for which s/he is qualified before an immigrant is permitted to take that job.