- Today, unions represent only a small share of the non-government (private sector) workforce. This is due to a number of things. Which of the following has had the LEAST influence on the reduction in unionized jobs in the U.S.?
A. Elimination of jobs by use of automation. B. Employment and labor laws that have become more anti-union. C. A reduction in the human skills required for many jobs. D. All are about equally responsible for the loss of unionized jobs.
- Irv is a professor at Ivy State College, currently in his second year in the job. After three years, faculty members are eligible for tenure, which changes their status from "employment at will" to a more secure status that allows them to only be fired 'for just cause". All faculty members seek that status, because in a downsizing, those without tenure would be fired before those who have tenure. Irv has worked very hard as a professor, and has also been active in trying to unionize the faculty to be represented by United Faculty of Florida, the college faculty union.When Irv completed his third year of employment, he was surprised to learn that he was not being granted tenure, and that his status would be considered again in two years. Irv believes that this is due to his pro-union activity, and that this is a violation of Federal labor laws that govern the faculty employment in this state. In support of his claim, Irv cites many comments that have been made to him saying that he was not helping his future at the college by trying to get a union, and by the observation that he does not have any significant negative comments in his evaluations by his superiors over the last three years. Which of the following is most correct?
A. Irv has established a prima facie case of discrimination based on protected labor activity, and he will be granted tenure. B. Irv has established a prima facie case of discrimination based on protected labor activity, and he will be paid money damages. C. The college can win the case if it can show that the same decision regarding his denial of tenure would have been made regardless of whether he engaged in protected activity. D. The college will win, because his activity is not protected. There is currently no union representing employees, so there is no recognition of protected activity at this time.
- Spacely Sprockets employs several hundred employees in the manufacture of cardboard boxes used in shipping. Recently Spacely employees have been approached by the American Box Constructors Union and invited to form a union at Spacely. The company's president, Mr. Spacely, has heard about the activity and called the employees together to 'tell them straight about the state of the business.' Mr. Spacely explained that 'this is a cutthroat business, and our biggest customers come and go over a cost change that amounts to pennies per box. If the plant is unionized, we will not be competitive and we will lose some customers. That means that we'll make fewer boxes and that could result in some layoffs. The union might get some of you a raise, but it might get some of you a pink slip too." Which of the following is most correct about Mr. Spacely's comments regarding unionization?
A. Mr. Spacely's comments are permissible because he is entitled to share what he will likely do in his role as the president of the company if faced with higher costs. B. Mr. Spacely's comments are permissible if his predictions rest on objective facts that are outside his control. C. Mr. Spacely's comments are not permissible because they have a chilling effect on unionization vote of the employees. D. Mr. Spacely's comments are not permissible because they can be perceived as a threat by employees.
- Jennifer works at the local Drivers License office, which is unionized and subject to federal labor laws such as the NLRA and LMRA, etc. The collective bargaining agreement to which Jennifer is subject provides for how employee work schedules will be determined. Jennifer goes to college in the evenings, and needs to leave work at 4 p.m. to make it to class. She sees that while the Drivers License Office is very busy from about 8 a.m. until 2 p.m., the number of customers really drops off then. She also knows that there is a lot of business on Saturday mornings, and that the Saturday staff is often overwhelmed by the number of customers coming to get their licenses renewed on the weekend. Seeing a potential for a solution that helps everyone, Jennifer offers this: "Instead of working 8 to 5 with an hour for lunch from 12 till 1, I'll work through my lunch hour and leave at 3 p.m. That will give me 7 hours of work Monday through Friday, and I'll work another 5 hours on Saturday from 8 to 1. That way, we can serve more customers when they are here and I can get off work in time to grab a drive-through burger and make it to class without a rush. " Her supervisor agrees to this, but the union does not. Will Jennifer be able to modify her schedule as she and her supervisor wish?
A. Yes. B. Yes, so long as the change in schedule does not adversely affect any other bargaining unit employee. C. No, unless all employees who are "interested parties" to this transaction also agree to it. D. No.
- Jennifer is very frustrated that the union that represents the employees at the Drivers License Office will not permit her to change her schedule. Consequently, she resigns from the union and notifies her supervisor that she is no longer a union member. She repeats her offer to change her schedule for the mutual benefit of the Office, her, and the customers. Will she now be able to change her schedule?
A. No. B. No, unless Jennifer agrees to continue paying the union the same dues that she would pay as a member. C. Yes, if she is willing to continue paying dues and no other employees object to the schedule change. D. Yes.
- As an H.R. professional in a unionized environment, you might use both mediators and arbitrators from time to time. Which of the following is most likely the way you'd employ these two types of dispute resolution specialists?
A. Collective bargaining would most likely use mediators.
Grievance administration would most likely use arbitrators.
B. Grievance administration would most likely use mediators.
Collective bargaining would most likely use arbitrators.
C. Both collective bargaining and grievance administration would most likely use mediators. D. Both collective bargaining and grievance administration would most likely use arbitrators.
- "Stumpy" Stumpf works in the meat department of a large unionized supermarket chain. Because he slices meat for customer orders, he is required to wear disposable gloves. One day while slicing ham for Mrs. Robinson, a regular customer, Stumpy's glove became caught in the slicer and it sliced off his ring finger and pinky. While Stumpy was being attended to at the hospital, the investigation back at the supermarket disclosed that the meat department manager had removed a protective shield that would have prevented Stumpy's fingers from being cut off. The manager explained that this was done because often the shield would 'kick back' and could injure employees who were close to the machine. On the other hand, there had been some 'near misses' when other employees had their gloves caught in the slicer.Which of the following is most correct?
A. Stumpy will receive Workers Compensation benefits, but will not be able to seek other damages for the negligent removal of the slicing guard. B. Stumpy will receive Workers Compensation benefits, and may be able to seek other damages from the supermarket for the negligent removal of the slicing guard. C. Will not be eligible for Workers Compensation, because this was an intentional act by the employer, and the employer will have to pay Stumpy significant financial damages for the loss of his two fingers. D. Stumpy will not receive Workers Compensation. He may sue the supermarket, and Mrs. Robinson will have to return the fingers she found in her package of sliced ham.
- Bob is a animal care technician at a non-profit facility that houses and breeds endangered big cats - lions, and tigers and cheetahs. Because the animals can be deadly to humans, there are strict procedures established for employees to follow when near the big cats. One day, Bob needed to pick up a cell phone that had dropped into the cheetah enclosure. The four cheetahs were at the far end of the enclosure so Bob unlocked the door and took one step in to pick up the phone. While he was stretching to get it, his hand slipped and he fell. This attracted the attention of the cheetahs, and they pounced on Bob, tearing the flesh off his right arm, and destroying his new iPhone 5. Will Bob be awarded Workers Compensation, and will the facility be cited by OSHA for a violation?
A. Bob will be awarded workers comp, and the facility will not be cited for a violation. B. Bob will be awarded workers comp, and the facility will not be cited for a violation if it demonstrates a history of not having any accidents of this type in the past. C. Bob will be awarded workers comp, and the facility will not be cited for a violation if the facility can demonstrate that it has procedures that are industry compliant, that the procedures are enforced, and that compliance is regularly inspected. D. Bob will not be awarded workers comp, and the facility will not be cited for a violation. The cheetahs will be cited for assault and theft of an iPhone 5.
- Acme Tools argues that the citation from OSHA was illegal, because there was no standard developed for the hazard that OSHA claimed was present. The OSHA inspector explained that OSHA has not developed a standard for all hazards to which an employee might be exposed, and that the hazard cited here was one that was allowed to exist, and should have been recognized by the employer. Which of the following is correct regarding this dispute between Acme and the OSHA inspector?
A. Because OSHA does not have a standard for this hazard, it is unenforceable for lack of specificity. B. Because OSHA does not have a standard for this hazard, it is enforceable only if the employer actually knew that this was a hazard. C. OSHA can require the employer to recognize all hazards that exist in the workplace, and cite the employer if it fails to address it. D. The employer has a duty to abate any recognized hazard if there are feasible means to do so, and they were not used.
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