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mgt334 sem1 part 2

Terms in this set (72)

True or False. A de minimis occupational safety and health violation is a significant technical violation.
False
True or False. If an employer's negligence causes an employee to be injured at work, the employee can bring a tort action for damages against the employer.
False
True or False. If an employer believes that an occupational safety and health standard is inappropriate for its particular situation, an exemption (or variance) may be requested.
True
In addition to being granted the right to a workplace free from recognized hazards, employees under the Occupational Safety and Health Act are protected from:
Retaliation
Which of the following is NOT true of unemployment claim litigation:
Regardless of whether the decision is favorable or unfavorable, an appeal is not possible.
In Chao v Gunite Corporation, citations were issued for violations of:
occupational safety and health regulations
______________ is the second leading cause of fatal occupational injury in the United States.
Homicide
True or False. If an employee is injured at work, workers' compensation insurance provides the employee payment for lost wages and medical expenses.
True
True or False. In Michigan, an employer cannot lawfully prohibit an employee who has a license to carry a concealed weapon from carrying on company premises.
False
An individual who is otherwise qualified to receive unemployment benefits will NOT be eligible for benefits if the termination of employment was due to:
Willful misconduct
True or False. The employer may not accompany an OSHA inspector during the physical inspection of the work site.
False
The Sarbanes Oxley Act (SOX) was passed in the wake of:
the Enron and Worldcom scandals
True or False. A pregnant employee may be denied employment if the employer is concerned the unborn baby might be at risk.
False
The Occupational Safety and Health Act exists for all of the following EXCEPT:
provide payment for on-the-job injuries
True or False. Pregnancy is considered a BFOQ which provides an employer an exception from liability if it terminates the employment of a pregnant woman.
False
Identify at least three specific recommendations for minimizing violence in the workplace.
1. Offer a good application process and use thorough background checks
2. Have a strict procedure in place and follow it for your employee's protection and concerns
3. Implement good employee relations policies that foster a safe and healthy work environment
True or False. The Occupational Safety and Health Act (OSHA) requires employers to furnish employees a workplace free from recognized hazards that cause, or are likely to cause, serious injury or death.
True
Employees should attempt to have the employer correct the hazardous condition before exercising their:
Right to refuse
True or False. When a valid election has been held in a bargaining unit, no new election can be held for a twelve-month period for that unit or any subdivision of the unit.
True
True or False. The NLRA applies to both public and private employers.
False
A union can become an exclusive bargaining representative in each of the following ways EXCEPT:
By filing an application with the NLRB
True or False. Unfair labor practices (ULPs) are various forms of conduct or activities that adversely affect employees in the exercise of their rights under Section 7 of the NLRA.
True
In the case of Buckhorn, Inc. and International Union of Industrial and Independent Workers, the NLRB contended that the unit limited solely to maintenance employees is not an appropriate unit for the purposes of:​
Collective bargaining
True or False. The Board requires that the parties in an election must refrain from formal campaigning for twenty-four hours prior to the election
True
True or False. Section 7 employee rights are only applicable for employers who have a union.
False
In the late 1880s, the development of all of the following provided powerful weapons for use against the activities of organized labor EXCEPT:
Ex parte proceedings
In determining whether an individual is an employee or an independent contractor, the NLRB considers each of the following EXCEPT:
Whether the individual wants to be represented by the Union for collective bargaining
The employees of GR Auto Sales Plus decided to select John as their bargaining representative for the purposes of collective bargaining by the majority of the employees. The major issues of negotiation include rates of pay, wages, hours of employment, or other conditions of employment. In this scenario, John is covered under the:​
National Labor Relations Act
Under the NLRA, no petitions seeking a new representation or decertification election can be filed for bargaining unit of employees during the _____ period following the elections.​
Twelve-month
True or False. An employer is legally required to bargain in good faith with a union which represents its employees.
True
Under the contract bar rule, a written labor contract (signed and binding on the parties and dealing with substantial terms and conditions of employment) bars an election among the affected bargaining unit:​
During the life of that bargaining agreement
True or False. The National Labor Relations Act (NLRA) requires that the method of determining the employees' choice of a bargaining representative is to hold a secret ballot election.
False
Section 8(a)(1) and Section 8(b)(1) of NLRB prohibit:​
Coercion and restraint of employees by employers and unions
True or False. An employer who recognizes a union without the support of a majority of employees violates the NLRA.
True
Provide at least two reasons why a union believes it is a benefit to employees for it to be selected as the exclusive bargaining representative for a group of employees and at least two reasons why an employer believes it is not a good idea for a union to be selected to represent a group of its employees.
Unions- Better wages and benefits
Employers- unions limit employees by committing long term and take away flexibility
In NLRB v. City Disposal Systems, the US Supreme Court concluded that Brown's refusal to drive unsafe trucks was a(n) _____ under Section 7 of the NLRA.​
Concerted activity
True or False. An employer is required to allow employees to use the company email system for union soliciting activities.
False
True or False. An employer can prohibit all solicitation and distribution of union materials at its workplace.
False
True or False. Section 8(d) requires the parties to make concessions or to reach an agreement in order to show they have engaged in good faith bargaining.
False
True or False. An employer and a union which has been certified as the exclusive bargaining representative are legally required to bargain in good.
True
True or False. Many employer violations of Section 8(a)(1) occur in the context of union organizing campaigns, and often involve restrictions on the soliciting activities of employees or coercive or threatening remarks made by the employer.
True
Weingarten rights provide:
Unionized employees the right to have a union representative present during a meeting which may lead to discipline
True or False. Employers are free to permanently replace employees who go on an economic strike.
True
If the labor union of a soft drinks company is picketing in front of the wholesaler, instead of picketing on the company's premises, generally under the NLRA:
Such secondary picketing shall be prohibited
True or False. A lockout amounts to a permanent closure of a plant to avoid unionization.
False
True or False. An employer may resort to lockout only after bargaining in good faith to an impasse.
True
Moving Company Inc. entered into an agreement with the union to refrain from layoffs during the recession. Despite the agreement, the company decided to lay off a few of its employees. The union decided to file a complaint against the company for not living up to its obligations under the agreement. The union's action amounts to a(n):​
Grievance
The requirement of exhausting contractual remedies flows from the policy of fostering:
Voluntary settlement of disputes
True or False. The union's bargaining pressure tactics include its ability to lock out the employees or to permanently replace nonstriking workers.
False
Section 8(b) (4) prohibits primary picketing by a union against an employer with which it has a dispute.
False
When arbitration is used to create a new agreement or renew an existing one, it is known as _____ arbitration.
Interest
In the Major League Baseball Players Association v Garvey case, the Supreme Court stated that when the court vacates an arbitration award, the court:
Must remand the issue back to arbitration for resolution rather than settling the merits of the dispute.
Under the NLRA, unfair labor practice strikes are:
Protected activity
To determine if the union has majority support during the first twelve months of a strike, the NLRB held that economic strikers must be considered as members of:
A bargaining unit
True or False. The parties to a collective bargaining agreement generally incorporate arbitration as the final step of the grievance procedure.
True
True or False. A bargaining unit should encompass all employees who share a community of interests regarding working conditions.
True
True or False. Section 7 of the National Labor Relations Act protects a public sector employee's right to strike.​
False
True or False. The duty of fair representation is a judicially created obligation on the part of the union to represent fairly all employees in a bargaining unit.
True
True or False. The National Labor Relations Act (NLRA) requires that the only method of determining the employees' choice of a bargaining representative is to hold a secret ballot election.
False
True or False. Under the National Labor Relations Act, all video surveillance in the workplace is prohibited.
False
True or False. The NLRA prohibits secondary picketing in order to protect employers who are not involved in a dispute with a union from being pressured by that union.
True
True or False. Employees have a right under Section 7 to choose their bargaining representative free from coercion.
True
True or False. If incidents prior to a representation election create an atmosphere tainted by fear, confusion, and/or coercion, the Board may set aside the election results.
True
True or False. A successor employer which hires a substantial number of the employees who were formerly members of a union may be required to recognize and bargain with the union.
True
True or False. An employer may resort to a lockout only after bargaining in good faith to an impasse.​
True
True or False. There is a constitutional right to picket, but there is no recognized constitutional right to strike.​
True
True or False. The parties generally incorporate arbitration as the final step of the grievance procedure.
True
True or False. A successor employer which hires a substantial number of the employees who were formerly members of a union generally must abide by the terms of the collective bargaining agreement negotiated between the union and the prior employer.
False
True or False. Where the employee has established a breach of the collective agreement by the employer and a breach of the duty of fair representation by the union, the employer and the union share liability.
True
True or False. Permissive bargaining subjects are those matters not directly related to wages, hours, terms and conditions of employment, and are not prohibited.​
True
True or False. Conduct by an employer which has a natural tendency to restrain, coerce, or interfere with an employee's Section 7 rights violates section 8(a) of the NLRA.
True
True or False. The National Labor Relations Act (NLRA) is explicit regarding the duty to bargain in good faith and even controls the results of the bargaining process.​
False
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