Part 1. Multiple Choice and Matching. Remember there could be more than one correct answer for the multiple choice problems. This part of the test is worth 50% of the test or 50/100 of the total points.

1. The NLRA has jurisdiction over which type(s) of workers? (8 points)
a. Independent contractors
b. Railroad engineers
c. GS-5 federal employees
d. Part-time cashiers at Burger King
e. 1st line supervisors at General Motors
f. full-time employees at the Virginia Division of Motor Vehicles
g. hourly workers at BellTalk phone company
h. nurses in a not-for-profit hospital


2. In order to create a bargaining unit, the employees must have: (6points)
a. the same supervisor
b. similar goals for their own careers
c. similar wages, hours, and working conditions
d. at least 4 people in their group
e. no part-time workers


3. Who is/are represented by a certified union in a Right to work state? (List all that apply.) (4 points)
a. all employees in the bargaining unit
b. only employees in the unit who have paid union dues
c. all full-time employees, whether they are in the bargaining unit or not
d. free riders
e. only people who voted for the union


4 Good faith efforts: (List as many as apply.) (4 points)
a. are required of both labor and management
b. require the parties to reach an agreement
c. cover only permissive subjects
d. prevent such tactics as boulwarism
5. Union security, the ability of a union to "get and stay elected," typically depends on which of the following: (List all that apply.) (4 points)
a. check-off provisions
b. strategic definition of the bargaining unit
c. type of shop
d. competition from other unions
e. employer's management activities
f. its own performance


6. Which is/are true about the labor environment? (6 points)
a. Not all unions belong to the AFL-CIO.
b. Nearly 98% of contract negotiations do not end in a strike.
c. One role of the AFL-CIO is to help resolve disputes between unions.
d. For the NLRB, the percentage of members needed to show interest in a decertification election is the same percentage needed for a representation election.
e. Right to work laws are now in every state.
f. Unions in the US represent approximately 12% or less of the workforce.
g. Unions in Europe and Japan represent a higher percentage of workers than in the US.
7. Tests that have become standards for assessing whether there is just cause for discipline include (list all that apply): (4 points)

a. Assessing if there was Equal treatment

b. Was adequate warning given

c. Was the decision based on Evidence

d. An investigation is not necessary

e. Was there a rule of reason or fairly administered discipline

f. Penalty should always be the most severe one allowed by management

g. Was there equally competent representation for both labor and management at the arbitration hearing
.

For problems 8-12 choose the following: (2 pts. Each)
a. FLSA c. Ladrum-Griffin Act
b. NLRA d. Warn Act
e. ADA f. OSHA

8. Law that requires that the union must report quarterly income and expenses to the Department of Labor

9. Law that identifies proper procedures for chemicals and other substances, procedures of reporting accidents, and right to know information about dangerous substances used at work, among its many procedures.

10. Sets up the mechanisms for representation elections.

11. Prevents discrimination against workers with disabilities

12. Sets the terms for minimum wages, overtime, exempt and non-exempt workers

13. George Daniels applied for a job as a machine operator. The job required the operator to sit in front of a machine and monitor the process as it wove the fabric that is eventually made into pantyhose. The job did not require any heavy lifting, but occasionally required the operator to reach over his head to release the fabric from the machine. A prior workers' compensation claim resulted in permanent damage to George's lower back, so the job was ideal. However, the employer requires all employees to pass a general fitness test before being hired because he believes that physically fit employees are healthier and more productive. George could not pass the fitness test and he was not offered the job. (4 points)

A. George has no basis for a claim against the employer because passing the fitness test is required of all applicants before being hired.

B. George has a claim against the employer because the Americans with Disabilities Act prohibit the use of physical ability testing that is not related to the performance of the job.

C. George does not have a claim against the employer because he was just an applicant, not an employee. Federal laws do not regulate the application process.
D. None of the choices are correct.


Part 2 Essay: Answer the two essays. This will compose 50% of your final grade, or 25 points for each essay, for a total of 50/100 points

1. Describe and analyze the similarities and differences among the following employment relations systems: US, European and Chinese. To help you organize this, be sure to include each systems' major components and then describe how and why these components are similar and different from one another.
Your answer should include 4-5 large paragraphs, approx. 2 pages.

2. Describe the major components of a union organizing campaign and the role of the NLRB in facilitating the election, ULPs, and determining the bargaining unit. Your answer should be approx. 1 to 1 ½ pages long.