Pennsylvania State University LER 401: Exam 2. Graded A. All Answers guaranteed Scores

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https://psu.instructure.com/courses/2029357/quizzes/3841509/take 1/20 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 selfrespect 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 Question 1 2 pts A federal law; 1. The National Labor Relations Act, as amended, is:3/26/2020 Quiz: Exam 2 https://psu.instructure.com/courses/2029357/quizzes/3841509/take 2/20 A state law. Question 2 2 pts Expanded that power; Cut back on that power; Left it unchanged. 2. When it comes to the amount of power that federal labor law permits unions to exercise, the 1947 Taft-Hartley Act: Question 3 2 pts Cooperative of owner-employees; Craft union; Industrial union; Public employee union. 3. Back in the 1930’s and 40’s, millions 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:3/26/2020 Quiz: Exam 2 https://psu.instructure.com/courses/2029357/quizzes/3841509/take 3/20 Question 4 2 pts A wave of employer-initiated lockouts; A wave of union-initiated strikes; Actually, a period of calm in U.S. labor relations. 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? Question 5 2 pts True False 5. True or False: Since 1935, the U.S. Congress has, every ten years or so, finetuned the provisions of the NLRA to keep it up to date with changes in work, technology, and labor force demographics. Question 6 2 pts 1955 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?3/26/2020 Quiz: Exam 2 https://psu.instructure.com/courses/2029357/quizzes/3841509/take 4/20 1975 1995 2010 Question 7 2 pts True False 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. Question 8 2 pts Yes No. 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? 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 https://psu.instructure.com/courses/2029357/quizzes/3841509/take 5/20 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 Employees; Independent contractors. 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: 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 https://psu.instructure.com/courses/2029357/quizzes/3841509/take 6/20 Yes No Question 12 2 pts Lawful; Unlawful, that is, an unfair labor practice under Section 8(a)(1 of the NLRA. 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: 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 nonemployees could see what they were saying.3/26/2020 Quiz: Exam 2 https://psu.instructure.com/courses/2029357/quizzes/3841509/take 7/20 True False Question 14 2 pts Yes; No,. 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? Question 15 2 pts 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; 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:3/26/2020 Quiz: Exam 2 https://psu.instructure.com/courses/2029357/quizzes/3841509/take 8/20 Dismiss her charge, because she made no request that anyone accompany her. Question 16 2 pts Prosecute the firm for a violation; Dismiss Jane’s charge. 16. Exact same question as before, EXCEPT that Jane was NOT unionrepresented. What will the NLRB GC likely do in this case? Question 17 2 pts Yes No 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? 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 all3/26/2020 Quiz: Exam 2 https://psu.instructure.com/courses/2029357/quizzes/3841509/take 9/20 Yes No. 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? Question 19 2 pts 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). 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.] 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 https://psu.instructure.com/courses/2029357/quizzes/3841509/take 10/20 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 1, 4, and 5 2, 3, and 5 2, 4, and 5 1, 3, and 5. 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: Question 22 2 pts3/26/2020 Quiz: Exam 2 https://psu.instructure.com/courses/2029357/quizzes/3841509/take 11/20 Yes No 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? Question 23 2 pts 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. 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? 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 https://psu.instructure.com/courses/2029357/quizzes/3841509/take 12/20 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 A pretext Animus Scienter A mixed motive. 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? Question 26 2 pts True False 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.3/26/2020 Quiz: Exam 2 https://psu.instructure.com/courses/2029357/quizzes/3841509/take 13/20 Question 27 2 pts 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. 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? Question 28 2 pts Yes No. 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? 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 https://psu.instructure.com/courses/2029357/quizzes/3841509/take 14/20 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 Under Title VII of the Civil Rights Act of 1964 Under the Fair Labor Standards Act 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? Question 31 2 pts 31. Under the NLRA, a collective bargaining relationship is most often created through:3/26/2020 Quiz: Exam 2 https://psu.instructure.com/courses/2029357/quizzes/3841509/take 15/20 An NLRB-conducted representation election; The employer’s voluntary recognition of a union. Question 32 2 pts 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. 32. Unions circulate “union authorization cards.” Such a card shows that: Question 33 2 pts 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). 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.3/26/2020 Quiz: Exam 2 https://psu.instructure.com/courses/2029357/quizzes/3841509/take 16/20 Question 34 2 pts Yes No 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? Question 35 2 pts Yes No. 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? Question 36 2 pts They will not be represented in collective bargaining by ABC; They’ll be represented by ABC Union. 36. In the previous question (the 51% “yes” question), what happens to the 49% who voted “no” to union representation?3/26/2020 Quiz: Exam 2 https://psu.instructure.com/courses/2029357/quizzes/3841509/take 17/20 Question 37 2 pts Yes No 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? Question 38 2 pts Yes No 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? Question 39 2 pts 39. Yes or No: A factory has a workplace rule that provides as follows: “Caps/Buttons – There shall be no caps or buttons worn by employees in working areas.”3/26/2020 Quiz: Exam 2 https://psu.instructure.com/courses/2029357/quizzes/3841509/take 18/20 Yes No Is the breadth of this rule presumptively unlawful? Question 40 2 pts Yes No 40. Yes or No: A factory has a workplace rule that provides as follows: “Distribution of Literature: There shall be no distribution of literature on either working time or in working areas.” Is the breadth of this rule presumptively unlawful? Question 41 2 pts Yes No 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 nonbusiness use.” Is the breadth of this rule presumptively unlawful?3/26/2020 Quiz: Exam 2 https://psu.instructure.com/courses/2029357/quizzes/3841509/take 19/20 Question 42 2 pts 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 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? Question 43 2 pts True False 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.3/26/2020 Quiz: Exam 2 https://psu.instructure.com/courses/2029357/quizzes/3841509/take 20/20 Quiz saved at 12:31pm Question 44 2 pts True False 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. Question 45 2 pts Yes No 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? Submit Quiz [Show More]

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