HR7

26 November 2023
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165 test answers

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question
Which of the following groups cannot grant rights to employees?
answer
unions
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Because employers cannot predict with certainty the future behavior of employees despite background checking, negligent hiring lawsuits are seen as:
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a Catch-22 situation for employers
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The expectations of fair exchange of employment obligations between an employee and employer is referred to as:
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psychological contract
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Under the employment-at-will doctrine, who can terminate the employment relationship?
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employees or employers
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Which of the following is the dominant principle governing private-sector employment relationships?
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the employment-at-will principle
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Under the employment-at-will doctrine, employers may terminate employees for any of the following reasons except:
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cooperating with authorities in regard to an OSHA complaint.
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Which of the following is not an exception to the employment-at-will doctrine?
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established protection
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In 1908 the Supreme Court upheld the employment-at-will doctrine in _____.
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Adair v. United States
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Discharge for refusing to violate a professional code of conduct falls under which exception to employment-at-will?
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violation of public policy
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Which exception to the employment-at-will doctrine occurs when a lack of good faith and fair dealing by the employer has been suggested?
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implied covenant
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An implied employment contract:
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can result from statements made in an employee handbook or HR policy manual.
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Which of the following does not apply to whistle-blowing?
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employers can discipline, but not discharge employees for reporting corporate wrongdoings
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Approximately _____ workers are discharged each year.
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Two million
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Employers are prohibited from retaliating against employees under all of the following except:
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the Workers' Adjustment Retraining and Notification Act
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The minimum advance notice of plant closings or layoffs affecting 50 or more full-time employees required by the Workers' Adjustment Retraining and Notification Act of 1989 is:
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60 days.
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In _____ a court found that a provision in an employee handbook constituted a unilateral enforceable contract with employees.
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Toussaint v. Blue Cross and Blue Shield of Michigan
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Employers defend their intrusion into employee privacy by noting:
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their legitimate business interest
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Which of the following is MOST likely to create a wrongful discharge claim?
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When necessary, make exceptions to the rules in unique circumstances.
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Which of the following protect and financially reward whistle-blowers who expose fraud related to governmental programs and wrongdoing related to consumer financial products or services.
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The False Claim Act
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it is estimated that _____ of employees in the United States work without benefit of an employment contract
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80 percent
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Which of the following is NOT an example of how an implied contract may become binding?
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Failing to create an employee handbook or conducting performance appraisals on a routine basis
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This provision forbids employees from revealing proprietary information outside the company, either during or following their employment.
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Nondisclosure of information agreement
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This provision grants to an employer the ownership of an idea, invention or process, or work of authorship developed by the employee during the time of employment.
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Intellectual property agreement
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An advantage of impairment testing is:
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it identifies employees who are impaired for reasons other than drug use
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This provision prevents ex-employees from either becoming a competitor or working for a competitor for a designated period of time.
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Noncompete agreement
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Employers should use all of the following guidelines in developing a search policy except:
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engage in searches publicly, so that employees understand that searches do take place.
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These agreements prohibit ex-employees from soliciting clients or customers of former employers for a specific period of time and from disclosing or making use of confidential employer information.
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Nonpiracy agreement
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In _____, the Court stated a general rule that if an employer deliberately makes an employee's working conditions so intolerable that the employee is forced into voluntary resignation, then the employer has encompassed a constructive discharge and is liable for any illegal conduct involved therein.
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Young v. Southwestern Savings and Loan Association
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The ____ requires that an employee's medical history be kept in a file separate from other personal information.
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Americans with Disabilities Act
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_____ is the most frequent EEO complaint.
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retaliation
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Which of the following is NOT a suggestion to reduce retaliation discharges?
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Publicize employee complaints to place all other employees on notice.
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Which management group has primary responsibility for the development of disciplinary policies and procedures?
answer
the human resources department
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Which of the following does not belong in the disciplinary model outlined in your text?
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negotiation and mediation
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Illegal substances remain in urine for various periods of time: cocaine for approximately 72 hours, marijuana for three weeks or longer
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72 hours; 3 weeks
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The ____ places restrictions on employers in their ability to listen to telephone calls made by employees.
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The Electronic Communications Privacy Act
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A Gallup poll found that the average employee with Internet access spends more than _____ per day surfing websites that have nothing to do with their jobs.
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an hour
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Which of the following is NOT true? The states that grant employees the privilege to see their personnel files generally provide:
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The right to a copy of one's personnel file
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Which of the following questions would you consider while investigating an employee offense?
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Is there evidence that the offense hurt the organization?
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Carmen, a new supervisor, wants to correctly document the poor performance of an employee. Which of the following would she not have to do?
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perform a current performance appraisal of the employee
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The ____ prohibits educational institutions from supplying information about students without prior consent. Students have the right to inspect their educational records.
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Federal Education Rights and Privacy Act
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In NLRB v Weingarten, Inc., the U.S. Supreme Court mandated that:
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unionized employees have certain rights to representation when subjected to an investigatory interview.
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The ____ permits job applicants and employees to know of the existence and context of any credit files maintained on them.
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Federal Education Rights and Privacy Act
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Discipline programs designed to motivate an employee to correct his or her misconduct voluntarily are known as:
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progressive discipline programs.
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In a typical progressive discipline program, what step immediately precedes the termination of the employee?
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suspension
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The ____ prohibits the interception, recording, or disclosure of wire, electronic, and aural communications through any electronic, mechanical, or other device. An interception takes place when an employer monitors a telephone call while it is occurring. Permits employer monitoring for legitimate business reasons.
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Electronic Communications Privacy Act
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Joint discussion and problem-solving activities to overcome employee misconduct are central to:
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positive discipline programs.
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At the second step of a positive discipline system to correct undesirable employee conduct, managers will issue a _______ to employees to improve their unacceptable performance.
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written reminder
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An employer-paid decision-making leave:
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gives an employee time to consider whether he or she wishes to remain with the organization.
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Before firing an employee, employers should apply:
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principles of just cause.
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The ____ applies to federal agencies and to organizations supplying goods or services to the federal government; gives individuals the right to examine references regarding employment decisions; allows employees to review their personnel records for accuracy. Employers who willfully violate the act are subject to civil suits.
answer
Privacy Act
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Termination meetings should be held:
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in a neutral location, such as a conference room
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The interpretation of due process would include all of the following except:
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the right to legal representation.
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A unionized employee is likely to use which of the following complaint procedures?
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a grievance procedure
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Alternative Dispute Resolution procedures, such as arbitration:
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may be required of an employee by an employer in lieu of a lawsuit
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The employee complaint process that is most similar to a grievance procedure under a union contract is the:
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step-review system.
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Under a conventional step-review appeal procedure, the last step involves which of the following employee groups?
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top management
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A peer-review board consists of:
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an equal number of employee representatives and management appointees
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In a peer-review board, employee representatives are:
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elected by co-workers
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An Open-Door policy:
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identifies various levels of management above an employee's immediate supervisor that an aggrieved employee may contact
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If managers want to maintain an effective open-door policy, they must:
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encourage employees to voice their complaints and listen honestly to those concerns.
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The individual who listens to employees' complaints and then tries to seek solutions through negotiation and mediation is known as a/an:
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ombudsman.
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Which of the following is not true of an ombudsman system?
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Ombudsmen can easily resolve a complaint by overruling a supervisor's decision.
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The cornerstone and major benefit of mediation is:
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that the parties involved maintain control over the settlement outcome.
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One authority has described _______ as a private discussion assisted by an impartial third party.
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Mediation
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In __________, the U.S. Supreme Court ruled that employees can file discrimination suits with the EEOC even when the employer has a mandatory arbitration agreement and it is signed by the employee.
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EEOC v. Waffle House Inc.
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A set of standards of acceptable conduct and moral judgments is known as:
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ethics.
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Which of the following is not a primary goal of ethics training?
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to gain publicity
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Federal and state courts generally view the privacy rights of employees as:
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minimal.
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The concern in a workplace romance is:
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employer liability.
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Body art is increasingly popular among:
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Generation X and Y workers.
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The ombudsman is an advocate for:
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a fair process.
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The first federal law pertaining to labor relations was:
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Railway Labor Act
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If a railroad union reaches an impasse during its negotiations, which federal agency is used to mediate?
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National Mediation Board under the Railway Labor Act
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Which federal agency is charged under the Railway Labor Act to hold secret ballot union certification elections?
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National Mediation Board
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Which law severely restricts the ability of employers to obtain injunctions in labor relations?
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Norris-LaGuardia Act
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Which act is also known as the Anti-Injunction Act?
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Norris-LaGuardia Act
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In order for injunctions to be issued in labor disputes:
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employers must show that lack of an injunction will cause greater harm to the employer than to the union
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Illegal acts by either employers or unions are called:
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unfair labor practices.
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Which act covering most private-sector employers guarantees employees the right to organize and lists five unfair labor practices of employers?
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Wagner Act
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Which act created the National Labor Relations Board?
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Wagner Act
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____ of the National Labor Relations Act lists the unfair labor practices of employers.
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Section 8
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Which act was passed to balance the rights and duties of labor and management in collective bargaining?
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Taft-Hartley Act
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Which act covering most private-sector employers prohibits certain unfair labor practices, such as a union's refusal to bargain in good faith and a union's persuading an employer to discriminate against an employee?
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Taft-Hartley Act
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Parties to a negotiating deadlock in the private sector would use which government agency for assistance?
answer
the Federal Mediation and Conciliation Service
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Unlike the National Labor Relations Board, the Federal Mediation and Conciliation Service:
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has no enforcement powers
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Which act contains a "Bill of Rights of Union Members" and requires unions to submit financial reports to the Secretary of Labor?
answer
Landrum-Griffin Act
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The Bill of Rights of Union Members guarantees union members all of the following rights except:
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union representation and arbitration for grievances
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Around _____ of the unfair labor practice cases filed with the NLRB prove that labor rights have been violated.
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36 percent
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Which of the following is not a major reason employees desire to unionize?
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political issues
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A provision, where permitted, of a labor agreement that requires employees to join the union as a condition of employment is called:
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a union shop
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The strongest reason to join a union appears to be:
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dissatisfaction with wages, benefits, and working conditions
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Which of the following are considered the "bread and butter" issues of collective bargaining?
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wages and benefits
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On average, the NLRB wins more than _____ of the cases that it takes to court.
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90 percent
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Most organizing campaigns are begun by:
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employees.
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Terry Moser, an organizer for the Teamsters, gives five progressive steps that can lead to unionization. At which step do labor organizers seek specific information about the employer's finances, supervisory styles, and management practices?
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employee/union contact
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_____ of the National Labor Relations Act grants employees the legal right to organize and bargain with the employer collectively.
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Section 7
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Employees indicate their willingness to be represented by a union by signing a/an:
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authorization card.
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Louis, a union organizer, needs what minimum percentage of signed authorization cards before the National Labor Relations Board will hold a representation election?
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30 percent of all eligible employees
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Louis, a union organizer, seeks to organize a firm with 120 truck drivers. What minimum number of signed authorization cards will Louis need before the National Labor Relations Board will hold a representation election?
answer
36
question
In about one out of ____ union campaigns, unions are unable to secure a first contract after winning a representation election.
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four
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If a newly certified union is unable to obtain a labor agreement within a year of winning its certification election, under the Taft-Hartley Act:
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employees are allowed to vote the union out through a decertification election
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According to federal labor laws, which of the following employer acts is absolutely prohibited?
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threatening employees with the loss of their jobs if they vote to unionize
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According to federal labor law, employers can:
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publicly emphasize unfavorable aspects of unionism
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A bargaining unit consists of:
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employees to be covered by the agreement.
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The NLRB will not set up bargaining units based on:
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age of employees
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If the employer and the union cannot agree on which employees should be in the bargaining unit, then:
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the NLRB will determine the "appropriate unit."
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An employer has 150 employees. A certification election was held and 125 employees actually votes. To be granted exclusive representation over all bargaining unit members, the union must receive at least ____ votes.
answer
63
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An employer has 80 employees. A certification election was held and only 40 employees actually voted. At least, ____ employees must vote "no" for the union to lose the election.
answer
21
question
The United Mine Workers (UMW) were seeking recognition through an election at the McCoy Coal Co. Two hundred employees were eligible to vote, but the vote was only 50 for and 25 against the UMW. According to the process the NLRB should now:
answer
certify the UMW since it was approved by a majority of those voting.
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Once a union becomes certified, the employer is required to:
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begin negotiations leading toward a labor agreement.
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The legal right and responsibility to represent all bargaining unit members equally whether they join the union or not is referred to as:
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exclusive representation
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Management generally claims exclusive rights to decisions on issues relating to subcontracting, work standards, and job content. Management's claim is properly called:
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management prerogatives.
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Supervisor Hadley has suspended an employee covered by a typical labor agreement. In a grievance hearing, Hadley will be called upon to demonstrate ____ supporting the suspension.
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just cause
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Unions such as the International Association of Iron Workers, the United Brotherhood of Carpenters, and the United Association of Plumbers are classified as ____ unions.
answer
craft
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The United Auto Workers, United Mine Workers, United Steelworkers, and Office and Professional Employees International Union are all classified as ____ unions.
answer
industrial
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Which of the following is a craft union?
answer
United Brotherhood of Carpenters
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Which of the following is an employee association?
answer
National Education Association
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In 2009, the unions won ____ of representation elections conducted by the NLRB.
answer
63.8
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Prior to their merger in 1955, the AFL represented primarily ____ unions, whereas the CIO generally represented ____ unions.
answer
craft; industrial
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Which of the following is not one of the primary functions of the AFL-CIO?
answer
negotiating labor contracts and processing local grievances
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A provision of the labor agreement that requires employees to join the union as a requirement for their employment is known as:
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a union shop
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____ are labor organizations that represent various groups of professional and whitecollar employees in labor management relations.
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employee associations
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According to Moser, the first step in the union organizing process is:
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employee/union contact
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A term applied to the goals of U.S. labor organizations, which collectively bargain for improvements in wages, hours, job security, and working conditions is known as:
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business unionism
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____ represent the interests of union members in their relations with their immediate supervisor and other members of management.
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Union stewards
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The general label given to the goals of American labor organizations such as pay, benefits, job security, and working conditions is:
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business unionism
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Which of the following states has no collective bargaining law?
answer
Arizona
question
The Civil Service Reform Act of 1978 defines the labor relations duties and regulations for what employee group?
answer
federal government employees
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Strikes are largely prohibited in the public sector because:
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the services provided by these employees are considered essential to the well being of the public
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The key difference between final-offer arbitration as opposed to compulsory binding arbitration is that with final-offer arbitration:
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each side submits their position and the arbitrator selects one or the other
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A union of local teachers reached an impasse during their negotiations with the local school board. State law requires that the parties each submit their last best offers to a neutral who picks one of the two offers to become the new labor agreement. This is called:
answer
final-offer arbitration.
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Strikes, boycotts, lockouts, and plant closures may be used as economic pressure in:
answer
the collective bargaining process
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Developing likely union proposals, lists of demands, and a contingency plan for operating in the event of a strike are part of:
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an employer's bargaining strategy
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Which act requires an employer to negotiate in good faith with the union's representatives over conditions of employment?
answer
Taft-Hartley Act
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Good faith bargaining requires that:
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each side's negotiators meet at a reasonable time and reasonable place to discuss issues
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Bargaining on all matters concerning rates of pay, wages, hours of employment, and other conditions of employment falls under:
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mandatory subjects
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Interest-based bargaining is based upon:
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the identification and resolution of mutual interests
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The creation of a relationship for the future based on trust, understanding, and mutual respect is the basis of:
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interest-based bargaining
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Today, unions represent more than _____ of all government workers in the United States.
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36 percent
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The bargaining power of a union may be exercised by:
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striking, picketing, or boycotting
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Pickets may prevent trucks and railcars from entering a struck business because:
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unions often refuse to cross another union's picket line
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When a union uses radio and newspaper ads to discourage the purchase of an employer's products, it is called:
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a boycott
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The right that employers possess that serves as a bargaining weapon to equalize the force of the union's right to strike is:
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the legal right to hire replacement workers
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A third-party neutral who resolves labor disputes by issuing a final decision that the parties must accept is:
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an arbitrator
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Management rights within a labor agreement include:
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the conditions of employment over which management is able to exercise exclusive control
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Which of the following is the largest public sector labor organization?
answer
National Education Association
question
States are permitted to enact legislation prohibiting compulsory union membership as a condition of employment under:
answer
Taft-Hartley Act
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____ states have passed right-to-work laws.
answer
22
question
In order for an employee's grievance to be considered formally:
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it must be expressed orally or in writing
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In 2011, _____ stripped public employees of their rights to collective bargaining.
answer
Wisconsin
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Unions have a legal obligation to provide assistance to members who are pursuing grievances under:
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the fair representation doctrine
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In a dispute, it is the arbitrator's responsibility to:
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ensure each side receives a fair hearing
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The factors that arbitrators use when deciding cases are the wording of the labor agreement, the submission agreement, the testimony and evidence offered, and:
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arbitration criteria or standards
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Which of the following is not a contemporary challenge to labor organizations?
answer
The presence of an increase in employee diversity
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Under the ____ method, the arbitrator must select one or the other of the final offers submitted by the disputing parties.
answer
final-offer arbitration
question
Since 1990, union membership has ____ as a percentage of the civilian labor force and has ____ in terms of total union members.
answer
decreased; decreased
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"Energized organizing" to stem the overall decline in union membership involves:
answer
targeting ignored worker groups, such as low-wage tier service workers and immigrants
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Recently, the Union of Needletraders, Industrial and Textile Employees (UNITE) merged with ____.
answer
Hotel Employees and Restaurant Employees
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In 2010, union membership was approximately _____ of employed wage and salary workers.
answer
11.9 percent
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Unions have been an important force shaping organizational practices, legislation, and political thought in the U.S.:
answer
since the mid 1800s.
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Statistics show that approximately _____ jobs in the United States can be offshored.
answer
38 million
question
Which Act has had by far the most significant impact on union-management relations?
answer
Wagner
question
Which Act placed the protective power of the federal government firmly behind employee efforts to organize and bargain collectively through representatives of their choice?
answer
Wagner
question
Passage of the __________ Act spurred the huge growth in unionization during the 1930s and 1940s.
answer
Wagner
question
Neutrality agreements secure a binding commitment from the _____________________ to remain neutral during the organization drive.
answer
employer