LER 401 - Exam 2

3/26/2020 Quiz: Exam 2
LER 401 – Exam 2

Started: Mar 26 at 12:30pm
Quiz Instructions
LER 401 – Exam 2 – March 26, 2020 -- 9:00 a.m. – 10:25 a.m. EASTERN standard time
Good morning, and thank you for being " in class" this morning.
Please note:
1. We've programmed this Exam 2 so that you have from 9:00 a.m. to 10:25 a.m. EST this morning
(Thursday, March 26) to complete and "submit" the exam. By taking full advantage of that time period,
you'll have 85 minutes. There are 45 questions, each counting for 2 points apiece (grand total of 90, but
when all is done we'll convert that to a final percent-of-100 score).
2. Ground Rules: Open readings, open handouts, open slides, open notes, open study guides (all of
those together, "open materials). In light of our remote work, you may use either "hard copy" OR digital
versions of the open materials, some combination of both. But you must not use materials or sources
beyond these.
3. Once you click to begin the exam, you will have until 10:25 a.m. Eastern Time to "submit" your
answers. If you haven't clicked "submit" by 10:25 a.m. EST, then Canvas will at that time automatically
"submit" the answers you've given up to that point.
4. Obviously, it would be a violation of academic integrity for a student, during the exam, to use any
technique or device to go beyond the rather wide-ranging boundaries of "open materials.". Given that
you are at remote locations all across the country, we're relying on your decency, integrity, and self-
respect on this point.
5. Here are some abbreviations you will see on the exam (nothing too surprising): “NLRA” or “Act” is the
National Labor Relations Act. “NLRB” or “Board” is the National Labor Relations Board. “GC” is the
NLRB General Counsel. “ULP” is “unfair labor practice.” Unless a question is specifically about the Act's
coverage, you may assume that the firms referred to are NLRA-covered.
Good luck, and thank you very much for your work in the course, especially in these unusual times. PW
End of instructions
https://psu.instructure.com/courses/2029357/quizzes/3841509/take 1/20
3/26/2020 Quiz: Exam 2
Question 1 2 pts
1. The National Labor Relations Act, as amended, is:
A federal law;
A state law.
Answers available at https://bit.ly/2JoaJ4g

Question 2 2 pts
Question 3 2 pts
2. When it comes to the amount of power that federal labor law permits unions to
3. Back inthe
exercise, the1947
1930‟s and 40‟s, millions
Taft-Hartley Act: of Americans joined a kind of union that had
not previously been a big part of the U.S. labor movement. That type of union was
the:Expanded that power;
Cut back on that power;
Left it unchanged.
Cooperative of owner-employees;
Craft union;
Industrial union;
Public employee union.
3/26/2020 Quiz: Exam 2
Question 4 2 pts
4. In the two years after World War II, U.S. labor relations experienced something
that eventually contributed to passage of the 1947 Taft-Hartley Act. What was that?
A wave of employer-initiated lockouts;
A wave of union-initiated strikes;
Actually, a period of calm in U.S. labor relations.

Question 5 2 pts
5. True or False: Since 1935, the U.S. Congress has, every ten years or so, fine-
tuned the provisions of the NLRA to keep it up to date with changes in work,
technology, and labor force demographics.
True
False

Question 6 2 pts
6. “Union density” refers to the percentage of a workforce that is union-represented.

In the period from 1950 to today, which of the years shown below saw union density
for all U.S. workers reach its highest point in those 70 years?
1955
3/26/2020 Quiz: Exam 2
1975
1995
2010
Question 7 2 pts
7. True or False: On at least three occasions over the last 45 years, labor has
pushed for, but Congress has failed to enact, amendments to the NLRA that would
have made the law more pro-union.
True
False

Question 8 2 pts
8. Yes or No: The Commonwealth (or the "State") of Pennsylvania operates, among
other things, a Highway Department that builds and maintains our public roads. Does
the NLRA apply to it?
Yes
No.
Question 9 2 pts
9. Through its definition of “employee,” the NLRA excludes from its protections which
of the following individuals? (pick best answer.)
3/26/2020 Quiz: Exam 2
An independent contractor;
A farm hand who picks crops in the field;
A maid who cleans people‟s homes;
The NLRA excludes the individuals only in b) and c) above;
Actually, the NLRA excludes all three of the individuals in a), b), and c) above.

Question 10 2 pts
10. Assume that, in a court case asking, “are these hired persons „employees‟ or
„independent contractors'?”, the judge found the evidence to be perfectly balanced on
each side of the question (exactly “50/50”). That being so, the judge will rule that the
individuals are:
Employees;
Independent contractors.
Question 11 2 pts
11. Yes or No: John was a supervisor at a Best Buy store in State College. Last
month, the store management reduced the pay of supervisors, including the pay of
John, who then began talking with his co-supervisors about joining a union. When
Best Buy learned of what he was doing, its managers fired him on the spot. Did Best
Buy commit a “ULP” under the NLRA?
3/26/2020 Quiz: Exam 2
Yes
No

Question 12 2 pts
12. A firm adopted a workplace rule stating, “Employees shall not discuss their
wages during working time.” If we assume that the Jeannette Corporation case
controls here, the content of that rule would be presumptively:
Lawful;
Unlawful, that is, an unfair labor practice under Section 8(a)(1 of the NLRA.
Question 13 2 pts
13. Situation #1: While at her workplace, Tabatha and her co-employees talked --
face to face and "in person" -- about their need to ban together to raise their wages.
For purposes of this question, assume that their in-person, at-the-workplace activity
met all of the requirements to constitute "concerted activity" for "mutual aid" and was
thus protected under the NLRA.
Situation #2: Exact same thing, BUT, instead of talking in person at their workplace,
they instead "talked" via Facebook posts, and that permitted some of their Facebook
"friends" (who were not their fellow employees, but just friends) to see what they were
saying.
True or False: In situation 2, Tabatha and her co-workers forfeit the NLRA's protection
because they conducted their "conversation" via Facebook, where some non-
employees could see what they were saying.
3/26/2020 Quiz: Exam 2
True
False

Question 14 2 pts
14. Yes or No: At a unionized firm, one of the bosses summoned George, a
bargaining unit employee, to the front office. When George arrived, the boss told
George that he (the boss) was going to proceed, right then and there, to suspend
George based on the results of an already completed investigation of workplace
theft. Upon hearing this, George said, "I want my Weingarten rights." Is he entitled to
them here?
Yes;
No,.
Question 15 2 pts
15. At the firm where she worked, Jane was union-represented. Jane‟s boss
suspected her of theft, so he called her to the front office and sat her down to ask her
a lot of prying questions about her conduct. Being nervous, Jane forgot to ask for
anyone to accompany her, and, for his part, the boss said nothing about that either.
The next day, the boss used Jane‟s answers to fire her. She filed a charge with the
NLRB alleging that the firm had committed a ULP by questioning her all by herself.
The NLRB GC will likely decide to:
Prosecute the firm for a ULP, because she‟s union-represented;
Prosecute the firm for a ULP, because her boss failed to inform her of her rights;
Prosecute because of both a) and b) above;
Dismiss her charge, because in cases as serious as suspected theft, the NLRA provides no
protection;
3/26/2020 Quiz: Exam 2
Dismiss her charge, because she made no request that anyone accompany her.

Question 16 2 pts
16. Exact same question as before, EXCEPT that Jane was NOT union-
represented. What will the NLRB GC likely do in this case?
Prosecute the firm for a violation;
Dismiss Jane‟s charge.
Question 17 2 pts
17. Yes or No: In the kind of workplace where “ Weingarten rights” generally can
apply, can an employee also enjoy those rights when a firm requires him to submit to
a drug test?
Yes
No
Question 18 2 pts
18, Yes or No: A non-union firm set up and dominated a labor organization, but -- in
doing so -- it acted with a perfectly "pure” state of mind, that is, with no intention at all
3/26/2020 Quiz: Exam 2
of "keeping a real union out." If the GC brings a ULP case, will the firm be able to
successfully defend against ("beat") the case based on its pure state of mind?
Yes
No.
Question 19 2 pts
19, [Complete this sentence to make it correct:] In a ULP case alleging an illegal
“company union” under Section 8(a)(2), the NLRB General Counsel (GC) – in order to
prove that some kind of workplace “committee” meets the NLRA definition of a “labor
organization” -- must prove all of the following points, except that the GC would have
no need to prove that the committee … [Pick the one the GC does NOT have to
prove.]
Included employees who represent other employees;
Had a purpose of dealing with the employer over terms and conditions of employment;
Had previously reached a collective bargaining agreement with at least one employer;
Actually, the lead-in to this question is all wrong. the GC doesn‟t have to prove any of the
above things a)-c).
Question 20 2 pts
20. You work in the “HR” Department of a non-union firm that wants to set up and
administer a system of “employee involvement” and “problem-solving” groups that will
include employee representatives and managers as participants. The firm needs
your advice on how to keep these groups lawful under the NLRA. Of the following
measures, which would work best to keep these groups lawful?
3/26/2020 Quiz: Exam 2
3/26/2020 Quiz: Exam 2
Avoid giving the groups' members any purpose or opportunity of dealing with each other over
employees‟ terms and conditions of employment;
Whatever name is eventually given to these these groups, avoid including the word "union"
Be sure to take measures to give transparency (widespread publicity) to any agreements

reached within the groups regarding terms and conditions of employment
Make sure that manager members never constitute more than a majority of any group.
Question 21 2 pts
21. Below are the names of three cases we studied, with each party preceded by an
identifying number (1 through 6).
(1) NLRB v. (2) IBM Corp. (Decision of NLRB)
(3) NLRB v. (4) Electromation; (Decision of NLRB)
(5) Hoffman Plastic Compounds v. (6) NLRB (Decision of U.S. Supreme Court)
From the choices below, pick the one consisting entirely of the winners in these
cases:
1, 4, and 5
2, 3, and 5
2, 4, and 5
1, 3, and 5.
Question 22 2 pts
3/26/2020 Quiz: Exam 2
22. Yes or No: A Section 8(a)(3) case typically alleges that a firm discriminated
against an employee based on their union activity. Now suppose that, in Stage 1 of a
particular case (the “prima facie” stage), the entirety of the GC‟s case proved that:
The employee engaged in union activity;

The firm knew of the activity and had exhibited anti-union animus; AND
The firm took adverse action against the employee.
Here‟s the question: Has the GC satisfied the requirements of Stage I?
Yes
No

Question 23 2 pts
23. In a Section 8(a)(3) case, if the NLRB GC fails to meet the Stage 1 (or “prima
facie”) requirements, the decision-maker will do…. which of the following?
Proceed to Stage 2 but be more likely to believe the employer‟s side of the case;
Skip ahead to Stage 3 of the case;
Dismiss the case altogether.
Question 24 2 pts
24. In a Section 8(a)(3) case involving a firing, assume that the GC satisfies each of
the Stage 1 (“prima facie”) requirements. What happens next?
3/26/2020 Quiz: Exam 2
The case is over, and the GC has won.
The law requires the employer to disprove each element of the GC‟s Stage 1 showing;
The law requires the employer to come forward with its assertedly lawful reasons for the
discharge;
We skip directly to Stage 3 of the case.

Question 25 2 pts
25. Assume that, in a Section 8(a)(3) case, the NLRB concludes that the firm's
supposed reason for having fired an employee was a false one. What is the word
that NLRA cases give to a reason that is proven to be false?
A pretext
Animus
Scienter
A mixed motive.
Question 26 2 pts
26. True or False: In a mixed motive case, once the NLRB GC has proven that a firm
fired someone in substantial part because of their union membership, the firm has no
opportunity to avoid being found to have committed an unfair labor practice.
True
False
3/26/2020 Quiz: Exam 2
Question 27 2 pts
27. In Hoffman Plastic Compounds v. NLRB, and before that case got to the U.S.
Supreme Court, the NLRB had ordered the employer to pay Mr. Castro back-pay for a
particular period of time. The beginning of that time period was (not surprisingly) the
very first day after the firm had discriminatorily laid off Mr. Castro. What was the end
of that backpay period?
The first day following his layoff when he was unlawfully present in the US;
The day that a citizen in his shoes would have been reinstated;
The day the employer first learned that he was unlawfully present in the US;
The day, if any, when US immigration police moved to deport him.
Question 28 2 pts
28. Yes or No: In follow-up to the previous question, did the Supreme Court agree
that the law allowed the NLRA to grant a backpay remedy to Mr. Castro?
Yes
No.
Question 29 2 pts
29. Given the combined effect of the Supreme Court's rulings in both the Sure-Tan
and Hoffman Plastic Compounds cases, if a firm fires an undocumented worker for
her union activity, the NLRB will have NO authority to order that firm to (choose best
answeer):
3/26/2020 Quiz: Exam 2
Reinstate her;
Reinstate her or cease-and-desist from further violations;
Reinstate her or pay back-pay to her;
d) Reinstate her or post a 60-day notice acknowledging its wrongdoing.
Question 30 2 pts
30. Since the Supreme Court‟s ruling in Hoffman Plastic Compounds (hereinafter
“HPC”), lower courts have had to apply the rationale of HPC to fashion remedies in
cases arising under two federal workplace laws other than the NLRA, namely: i) the
Fair Labor Standards Act (minimum wage, overtime); and ii) Title VII of the Civil
Rights Act of 1964 (ban on sex and race discrimination).
Under which of those two laws have lower courts fashioned remedies that more
closely parallel the approach taken in HPC?
Under Title VII of the Civil Rights Act of 1964
Under the Fair Labor Standards Act
Question 31 2 pts
31. Under the NLRA, a collective bargaining relationship is most often created
through:
3/26/2020 Quiz: Exam 2
An NLRB-conducted representation election;
The employer‟s voluntary recognition of a union.

Question 32 2 pts
32. Unions circulate “union authorization cards.” Such a card shows that:
A union has registered with the government and been approved by the NLRB;A
A non-citizen has the lawful right to work in the U.S.;
An employee authorizes the union to serve as his/her collective bargaining representative;
A person is authorized to speak officially on behalf of a union.
Question 33 2 pts
33. From the choices below, pick the one that “fills in the two blanks” most correctly.
If Union XYZ is to become an “exclusive bargaining representative,” then that will

require that a (i) [fill in] of employees in (ii) [fill in] designated
Union XYZ to serve as exclusive representative for purposes of collective bargaining.
insert “group” in (i) and “a firm covered by the NLRA” in (ii);
insert “majority” in (i) and “a firm covered by the NLRA” in (ii);
insert “group” in (i) and “an appropriate bargaining unit” in (ii);
insert “majority in (i) and “an appropriate bargaining unit” in (ii).
3/26/2020 Quiz: Exam 2
Question 34 2 pts
34. In an NLRB-conducted union representation election, 49% of those casting a

vote voted “yes” to Union ABC. Will the Board certify ABC Union as an exclusive
representative?
Yes
No
Question 35 2 pts
35. Same as previous question, except that 51% of those casting a ballot voted “yes”
to ABC. Will the Board certify ABC as the exclusive representative?
Yes
No.
Question 36 2 pts
36. In the previous question (the 51% “yes” question), what happens to the 49% who
voted “no” to union representation?
They will not be represented in collective bargaining by ABC;
They‟ll be represented by ABC Union.
3/26/2020 Quiz: Exam 2
Question 37 2 pts
37. Yes or No: One day at a completely non-union firm, about 25% of the employees
joined a union, which then asked management to bargain collectively over pay and
benefits but for its "members only." Let's call this a "minority union,." According to
“the conventional wisdom,” does the NLRA require the firm to bargain collectively with
a minority union?
Yes
No
Question 38 2 pts
38. Yes or No: A factory has a workplace rule that provides as follows:
“Rule on Solicitation: There shall be no solicitation on working time.”
Is the breadth of this rule presumptively unlawful?
Yes
No
Question 39 2 pts
“Caps/Buttons – There shall be no caps or buttons worn by employees in working
areas.”
3/26/2020 Quiz: Exam 2
Yes
No

Question 40 2 pts
“Distribution of Literature: There shall be no distribution of literature on either working

time or in working areas.”
Yes
No
Question 41 2 pts
41. An office operation has a workplace rule that provides:
“E-mail: Employees shall not use the firm‟s e-mail system for any personal or non-
business use.”
Yes
No
3/26/2020 Quiz: Exam 2
Question 42 2 pts
42. One morning, in your job as HR head of a large department store, you turn your
car into the store‟s large parking lot (owned by the store), and you notice a bunch of
people with union caps and jackets far off in the very corner of the lot. They‟re putting
leaflets on the windshields of store employees‟ parked cars. You‟d like to kick them
off the property, but only if that‟s lawful. Assuming you know the law and want to be
careful, which of the following things would you want to know first?
What their leaflet says;
How fast you can get the police to come and kick them out;
By whom the people are employed?
Whether these people have other means for communicating with your employees
Question 43 2 pts
43. True or False: The Oil Workers Union (“the OWU") wants to organize a group of
oil-workers who work on offshore rigs for weeks on end (about a mile off the Alabama
coast in the Gulf of Mexico). The oil rig is private property owned by the the firm Rig
Operations, Inc., who is also the employer of the rig workers.
True or False: This firm might well have to allow union organizers (employed by the
OWU) to come onto its rig to talk to these employees about unionization.
True
False
3/26/2020 Quiz: Exam 2
Question 44 2 pts
44. True or False: In the case of New York New York I, the NLRB ruled that off-duty
employees of a restaurant (which rented its space from the the NYNY Hotel) had NO
right to distribute handbills on New York New York's property (where casino
customers entered and exited casino/hotel), and the NLRB's reason for this ruling
was that New York New York was NOT the employer of the handbillers.
True
False

Question 45 2 pts
45. Yes or No: Palm Trees „R Us, Inc. has a business specializing in the care and
feeding of beautiful palm trees in and around Las Vegas, Nevada. Palm Trees „R Us
has 50 employees, who go to different properties in Las Vegas to water, fertilize, and
generally maintain the palm trees. Among its clients is the New York New York
casino-hotel complex. Under the NLRB ruling in NYNY I, would the employees of
Palm Trees „R Us have the right to pass out handbills protesting their working
conditions to customers entering and exiting the NYNY casino complex?
Yes
No
Quiz saved at 12:31pm Submit Quiz

LER 401 - Exam 2

Загружено:

Сведения о документе

Оригинальное название

Авторское право

Доступные форматы

Поделиться этим документом

Поделиться или встроить документ

Параметры публикации

Этот документ был вам полезен?

Это неприемлемый материал?

Авторское право:

Доступные форматы

LER 401 - Exam 2

Загружено:

Авторское право:

Доступные форматы

3/26/2020 Quiz: Exam 2

LER 401 – Exam 2

1. The National Labor Relations Act, as amended, is:

Answers available at https://bit.ly/2JoaJ4g

Cut back on that power;

Public employee union.

Answers available at https://bit.ly/2JoaJ4g

A wave of employer-initiated lockouts;

A wave of union-initiated strikes;

Actually, a period of calm in U.S. labor relations.

Answers available at https://bit.ly/2JoaJ4g

Answers available at https://bit.ly/2JoaJ4g

6. “Union density” refers to the percentage of a workforce that is union-represented.

Answers available at https://bit.ly/2JoaJ4g

A farm hand who picks crops in the field;

A maid who cleans people‟s homes;

The NLRA excludes the individuals only in b) and c) above;

Answers available at https://bit.ly/2JoaJ4g

Answers available at https://bit.ly/2JoaJ4g

Answers available at https://bit.ly/2JoaJ4g

Prosecute the firm for a ULP, because she‟s union-represented;

Prosecute because of both a) and b) above;

Answers available at https://bit.ly/2JoaJ4g

Prosecute the firm for a violation;

Dismiss Jane‟s charge.

Answers available at https://bit.ly/2JoaJ4g

Included employees who represent other employees;

Answers available at https://bit.ly/2JoaJ4g

Be sure to take measures to give transparency (widespread publicity) to any agreements

(1) NLRB v. (2) IBM Corp. (Decision of NLRB)

(3) NLRB v. (4) Electromation; (Decision of NLRB)

The employee engaged in union activity;

Here‟s the question: Has the GC satisfied the requirements of Stage I?

Answers available at https://bit.ly/2JoaJ4g

Skip ahead to Stage 3 of the case;

Dismiss the case altogether.

The case is over, and the GC has won.

We skip directly to Stage 3 of the case.

Answers available at https://bit.ly/2JoaJ4g

The day, if any, when US immigration police moved to deport him.

Answers available at https://bit.ly/2JoaJ4g

Reinstate her or cease-and-desist from further violations;

Reinstate her or pay back-pay to her;

d) Reinstate her or post a 60-day notice acknowledging its wrongdoing.

Under Title VII of the Civil Rights Act of 1964

Under the Fair Labor Standards Act

An NLRB-conducted representation election;

The employer‟s voluntary recognition of a union.

Answers available at https://bit.ly/2JoaJ4g

A non-citizen has the lawful right to work in the U.S.;

An employee authorizes the union to serve as his/her collective bargaining representative;

A person is authorized to speak officially on behalf of a union.

If Union XYZ is to become an “exclusive bargaining representative,” then that will

insert “group” in (i) and “a firm covered by the NLRA” in (ii);

insert “majority” in (i) and “a firm covered by the NLRA” in (ii);

insert “group” in (i) and “an appropriate bargaining unit” in (ii);

insert “majority in (i) and “an appropriate bargaining unit” in (ii).

34. In an NLRB-conducted union representation election, 49% of those casting a

Answers available at https://bit.ly/2JoaJ4g

They will not be represented in collective bargaining by ABC;

They‟ll be represented by ABC Union.

“Rule on Solicitation: There shall be no solicitation on working time.”

Is the breadth of this rule presumptively unlawful?