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Q:
Based on Julias credit history, TrueMoney Bank denies her a loan. In this case, the bank need not notify Julia and tell her where it secured her credit information.
Q:
If a consumer claims that his or her credit file contains inaccurate information, the concerned credit reporting agency (CRA) merely has to verify that it took the information accurately from the original source and has no duty to investigate further.
Q:
Lemon laws govern the export and sale of agricultural produce.
Q:
The Federal Trade Commissions primary legislative direction is in issuing trade regulation rules to enforce the intent of broadly drawn congressional legislation.
Q:
The Federal Trade Commission (FTC) has the authority to impose criminal sanctions on businesses that engage in unfair and deceptive trade practices.
Q:
Banning a product from the market is usually the first remedy sought by the Consumer Product Safety Commission (CPSC).
Q:
The Bill of Rights was designed to ensure that members of labor organizations get equal voting rights, the right to sue a union, and the rights of free speech and assembly.
Q:
The National Labor Relations Act recently changed labor laws related to closed-shop arrangements, permitting labor unions to pursue closed-shop arrangements.
Q:
Throughout the United States, all public-sector employees have equal rights to strike.
Q:
Innocent misrepresentation differs from fraud only in that the falsehood was intentional in the former.
Q:
Mere foolishness or want of knowledge constitutes the grounds for unconscionability of contracts.
Q:
In most labor management bargaining cases, neither the company nor the union can turn to the courts to set aside arbitration decisions.
Q:
Certain classes of employees, such as supervisors, are excluded from employee bargaining units.
Q:
Those matters not directly related to wages, hours, and terms and conditions of employment and not falling within the category of prohibited subjects are referred to as mandatory bargaining subjects.
Q:
Section 8(d) of the National Labor Relations Act clearly sets out some mandatory subjects over which the parties must bargain.
Q:
Refusal to bargain over a permissive bargaining subject constitutes a National Labor Relations Act violation.
Q:
The Landrum Griffin Act has regulated the manner in which unions represent employees in the collective bargaining process.
Q:
The National Labor Relations Act (NLRA) prohibits employees from engaging in concerted activities like strikes and collective bargaining.
Q:
Political advocacy may in some circumstances be considered a concerted activity for mutual aid or protection under Section 7 of the National Labor Relations Act.
Q:
Section 8(a) of the National Labor Relations Act makes it an unfair labor practice for an employer to dominate, interfere, or assist with the formation of any labor organization.
Q:
Section 8(b) of the National Labor Relations Act permits a labor organization to try to make an employer compensate workers for services not performed.
Q:
One of the primary tasks of the National Labor Relations Board (NLRB) is conducting elections for union representation within the chosen bargaining unit.
Q:
In the context of labor unions representation elections, a union, employee, or employer initiates the formal organizing process by filing an election petition with the National Labor Relations Board (NLRB).
Q:
The Congress of Industrial Organizations (CIO) was organized in response to the needs of laborers working in skilled trades.
Q:
Through the Wagner Act, Congress established the National Labor Relations Board.
Q:
The Landrum Griffin Act prohibits labor unions from lending money except under specified circumstances and procedures, all of which must be reported annually to the government.
Q:
What are the differences between legal picketing and illegal picketing under the National Labor Relations Act (NLRA)?
Q:
The Knights of Labor admitted any workers to its ranks, regardless of occupation, gender, or nationality.
Q:
Explain the National Labor Relations Boards (NLRB) guidelines with regard to employees indulging in political advocacy at the workplace.
Q:
What are the implications of a union as an exclusive bargaining agent?
Q:
Differentiate mandatory bargaining subjects from permissive and prohibited bargaining subjects.
Q:
Which of the following is true of states that have enacted right-to-work laws?
A. These states require nonmembers to pay union fees or dues.
B. These states allow nonmembers to be represented by unions in collective bargaining.
C. These states permit union security arrangements in collective-bargaining agreements.
D. These states require employers to hire only individuals who already belong to unions.
Q:
_____ is a practice in which employers can hire only individuals who already belonged to unions.
A. Closed-shop arrangement
B. Runaway shop arrangement
C. Agency shop arrangement
D. Open-shop arrangement
Q:
What is meant by a labor unions duty of fair representation?
Q:
Why was the LandrumGriffin Act enacted by the Congress? Explain in brief the set of provisions known as the Bill of Rights contained in this act.
Q:
Which of the following is true of economic strikes?
A. All strikes involving unfair labor practices fall into this category.
B. Economic strikers can be fired by the employers.
C. The use or threat to use permanent replacements has become a powerful tool for employers facing economic strikes.
D. They are initiated by workers when the employers interfere with legitimate union activities or fail to bargain in good faith.
Q:
Which of the following statements is true of primary picketing?
A. It is expressed directly to the employer with whom the picketers have a dispute.
B. It is protected by the National Labor Relations Act, even if it is for an unlawful purpose.
C. It does not have constitutional or statutory protection.
D. It does not constitute an unfair labor practice, even if the picketers are violent or coercive.
Q:
A local steel plant workers union is in a dispute with Flag Steels Inc. In order to put pressure on the owners of Flag Steel, the union threatens a client of Flag Steel. Which of the following is true of this action?
A. It is a legal and effective way for the union to get its demands met.
B. It is a method that enjoys broad constitutional and statutory protection.
C. It is an unfair labor practice known as secondary picketing.
D. It is a peaceful, informational form of picketing for a lawful purpose.
Q:
_____ refers to the initiative taken by the management in labor disputes by not allowing some or all of its employees to work.
A. Closed-shop
B. Lockout
C. Salting
D. Picketing
Q:
Which of the following statements about lockouts is true?
A. The National Labor Relations Board (NLRB) prohibits lockouts as defensive acts to protect businesses against sudden strikes.
B. Some court decisions have expanded lawful lockouts to include those of an offensive nature designed to improve managements bargaining position.
C. Lockouts are clearly lawful even if they are designed to interfere with union members bargaining rights and other legitimate union activity.
D. The courts consider lockouts to be unfair labor practices, even if they are initiated to prevent sabotage or violence.
Q:
In the context of labor union security arrangements, a collective-bargaining clause requiring all employees to pay union dues and fees is referred to as a(n) _____.
A. runaway shop strategy
B. agency shop agreement
C. right-to-work strategy
D. open-shop agreement
Q:
Which of the following is true of unfair labor practice strikes?
A. They are used purely as economic weapons to persuade employers to provide more favorable benefits or better working conditions.
B. The strikers can be permanently replaced by the management.
C. The law prohibits such strikes.
D. They are instituted by workers when the employers interfere with legitimate union activities or fail to bargain in good faith.
Q:
Which of the following would most likely be the result of mandatory bargaining between employers and labor representatives?
A. A change from an eight hour, five-day work week to a ten hour, four-day work week
B. A change in the internal affairs of a union
C. A new economic decision to phase out a product line
D. A new agreement between the employees and the management to settle strikes
Q:
Which of the following would most likely be the result of permissive bargaining between employers and labor representatives?
A. A change from an eight hour, five-day work week to a ten hour, four-day work week
B. An agreement to increase the salary of each employee by $500 per month
C. An alteration in employee termination policy, increasing the notice period by two months
D. A new agreement between the employees and the management to settle strikes
Q:
Which of the following is a permissive bargaining subject?
A. Wages
B. Internal union affairs
C. Working hours
D. Conditions of employment
Q:
Section 9 of the National Labor Relations Act:
A. lists activities constituting unfair labor practices by a labor organization.
B. specifies the election procedures by which employees may choose whether to be represented by a particular union or no union at all.
C. lists activities constituting unfair labor practices by an employer.
D. ensures that employers will not be able to interfere with union activities by either seizing control of the unions or refusing to bargain collectively.
Q:
The National Labor Relations Board:
A. provides protection to independent contractors.
B. allows employers to discharge employees if they are part of any labor organizations.
C. covers railroad and airline employees.
D. investigates and adjudicates charges of unfair labor practices.
Q:
What is the key consideration in establishing an appropriate employee bargaining unit?
A. The interests of the management
B. The community of interest among the employees
C. The interest of the labor union
D. The inclusion of supervisors in the bargaining unit
Q:
The practice of union organizers applying for jobs with the intent of unionizing the other employees from the inside is referred to as _____.
A. salting
B. picketing
C. crowdsourcing
D. whistleblowing
Q:
Section 8(c) of the _____ is designed to ensure employers and labor organizations traditional First Amendment rights as long as they do not overstep certain bounds.
A. Sherman Antitrust Act
B. Norris-LaGuardia Act
C. Taft Hartley Act
D. Wagner Act
Q:
Which of the following is true of decertification of a union?
A. The employees must be able to demonstrate at least 30 percent support for their petition for decertification of a union.
B. A union is decertified if it refuses to bargain over a permissive employment subject.
C. The employees are required to file a decertification petition with the Equal Employment Opportunity Commission.
D. A new representation election can be conducted within a month after the decertification of a union.
Q:
Section 8(a)(5) of the National Labor Relations Act (NLRA):
A. sets out some mandatory subjects over which the parties must bargain.
B. guarantees union members equal voting rights, the right to sue a union, and the rights of free speech and assembly.
C. lists activities constituting unfair labor practices by a labor organization.
D. requires an employer to engage in good-faith collective bargaining with a representative of the employees.
Q:
Which of the following acts ensured employers right to speak out in opposition to union organizingin effect, protecting their First Amendment right to freedom of speech?
A. The Norris-LaGuardia Act
B. The Wagner Act
C. The Taft-Hartley Act
D. The Landrum Griffin Act
Q:
Which of the following statements is true of the TaftHartley Act?
A. It declared that refusal to bargain over a permissive subject constituted a National Labor Relations Act violation.
B. It gave the National Labor Relations Board the authority to govern the result of a collective bargaining arrangement.
C. It signaled a move by the government away from unconditional support for labor toward a balance of rights between labor and management.
D. It allowed employees to claim compensation from employers for services not performed.
Q:
Which of the following is true of the Landrum Griffin Act?
A. It prohibits union members from speaking or voting at the union meetings.
B. It requires unions to keep records of their funds.
C. It allows unions to lend money without reporting to the government.
D. It holds that the terminology restraint of trade was meant to include labor organizations.
Q:
The _____ contains a set of provisions often referred to as the Bill of Rights for individual union members.
A. Norris-LaGuardia Act
B. Wagner Act
C. Sherman Antitrust Act
D. LandrumGriffin Act
Q:
Which of the following actions of an employer would be regarded as an unfair labor practice as per Section 8(a) of the National Labor Relations Act?
A. Using lockouts as defensive acts to protect businesses against sudden strikes and to prevent sabotage or violence
B. Discouraging membership in any labor organization by discrimination in regard to hiring or any other term of employment
C. Agreeing to bargain collectively with a duly certified representative of the employees
D. Firing employees for indulging in any unlawful activity at the workplace
Q:
Which of the following actions of a labor organization would be regarded as an unfair labor practice as per Section 8(b) of the National Labor Relations Act?
A. Refusing to reach an agreement in a collective bargaining arrangement
B. Raising permissive subjects related to employment during the bargaining process
C. Trying to make an employer compensate workers for additional services rendered
D. Inducing an employer to engage in secondary boycott activities
Q:
What is a bona fide occupational qualification (BFOQ)? How can an employer establish a BFOQ?
Q:
Define quid pro quo sexual harassment and hostile environment sexual harassment.
Q:
Which of the following statements is true of the Knights of Labor, the first major labor organization in the United States?
A. It restricted its membership to male workers.
B. It included only bankers and stockbrokers.
C. It dedicated itself to principles of social reform.
D. It competed with the American Federation of Labor (AFL).
Q:
Which act passed by the Congress in 1932 made it clear that the terminology restraint of trade was not meant to include labor organizations or activities?
A. The Norris-LaGuardia Act
B. The Sherman Antitrust Act
C. The Taft-Hartley Act
D. The Wagner Act
Q:
The Wagner Act:
A. made it clear that the terminology restraint of trade was not meant to include labor organizations or activities.
B. gave workers for the first time the unequivocal right to organize and engage in concerted activities for their mutual aid and benefit.
C. identified as unfair labor practices certain activities unions used to exercise economic leverage over employers as part of the collective bargaining process.
D. ensured employers right to speak out in opposition to union organizingin effect, protecting their First Amendment right to freedom of speech.
Q:
Describe the role of Equal Employment Opportunity Commission (EEOC) in employment discrimination enforcement.
Q:
What are the remedies available to victims of unlawful employment discrimination?
Q:
Contrast disparate treatment with disparate or adverse impact.
Q:
In the context of employment discrimination, how is a plaintiffs prima facie case of disparate treatment confirmed?
Q:
Which of the following statements is true of the Americans with Disabilities Act (ADA)?
A. It requires that pregnant employees be treated the same as all other employees with temporary disabilities.
B. It does not protect employees with past drug or alcohol problems.
C. It requires an employer to provide an accommodation for disabled employees even if it creates an undue hardship for the employer.
D. It excludes from its protection job applicants and employees who currently use illegal drugs.
Q:
Which of the following is true about accommodating individuals with disabilities?
A. The Americans with Disabilities Act (ADA) allows employers to discriminate in hiring or employing any individual with a disability.
B. The Americans with Disabilities Act (ADA) requires disabled employees to make their own reasonable accommodations.
C. An employer is required to provide an accommodation for disabled employees even if it would create an undue hardship for the employer.
D. An employer should engage in an interactive dialogue with the concerned employee to explore possible reasonable accommodations.
Q:
The 2013 version of _____ prohibits employers from discriminating on the basis of an employees actual or perceived sexual orientation.
A. the American with Disabilities Act
B. the Genetic Information Nondiscrimination Act
C. the Employment Non-Discrimination Act
D. the Fair Labor Standards Act
Q:
Discrimination against transsexuals based on sex stereotyping is prohibited under _____.
A. the Americans with Disabilities Act
B. Section 2-306 of the Uniform Commercial Code
C. the Genetic Information Nondiscrimination Act
D. Title VII of the Civil Rights Act of 1964
Q:
Briefly discuss the Civil Rights Act of 1866.
Q:
Briefly explain the effect of the Civil Rights Act of 1964 on employment discrimination.
Q:
Which of the following is a feature of the Americans with Disabilities Act (ADA)?
A. It seeks to remove employment barriers to provide a full, productive life for individuals with disabilities.
B. It protects employees who are 40 years and older from employment discrimination based on their age.
C. It requires an employer to make workplace accommodations for disabled employees even if it results in an undue hardship for the employer.
D. It requires that pregnant employees be treated the same as all other employees with permanent disabilities.
Q:
Which of the following is a protected activity under Title VIIs (the Civil Rights Act of 1964) antiretaliation provision?
A. An employer discriminating against an employee who opposes an employment practice that violates Title VII
B. A victim of sexual harassment at a workplace seeking recovery under Title VII by suing the person who actually committed the harassment
C. An employer forcing a pregnant employee to take time off or quit
D. An employee filing a charge of workplace discrimination
Q:
In order to protect against an employers abuse of power and to encourage exercise of employees rights, _____ under Title VII of the Civil Rights Act of 1964 prohibits an employer from discriminating against an employee for engaging in a protected activity.
A. fair trial provision
B. antiretaliation provision
C. due process provision
D. clawback provision
Q:
Which of the following statements is true of the antiretaliation provision under Title VII of the Civil Rights Act of 1964?
A. It encourages labor unions to engage in closed shop arrangements.
B. It discourages exercise of employees rights.
C. It shifts the power in an employment relationship in favor of the employer.
D. It protects employees opposing an employment practice that violates Title VII.
Q:
In the context of employment discrimination, a prima facie case of retaliation requires a(n):
A. affirmative action plan initiated by the employer.
B. casual connection between the protected activity and the adverse employment action.
C. employment practice that does not violate Title VII of the Civil Rights Act.
D. employment action benefiting the plaintiff.
Q:
_____ is a means of remedying past and present discriminatory wrongs in a more expeditious and thorough manner than the market might achieve on its own.
A. Statutory defense
B. Disparate treatment
C. Affirmative action
D. Retaliation provision
Q:
Which of the following statements is true of the sex discrimination law?
A. Sex discrimination claims brought under Title VII of the Civil Rights Act of 1964 include disparate treatment and sexual harassment, but not disparate impact.
B. Discrimination is unlawful even if sex is a bona fide occupational qualification (BFOQ) reasonably necessary to the normal operation of a business.
C. Asking job applicants about pregnancy by an employer can be considered a form of sex discrimination.
D. Federal statutes related to sex discrimination at workplace cover only women.