Question 1
Collective bargaining refers to the process by which an employer and a union negotiate a contract for the terms and conditions of employment for a given period of time.
True
False

Question 2
The Supreme Court has upheld seniority systems even when they maintain the effects of past discrimination.
True
False

Question 3
The Rehabilitation Act of 1973 requires employers to establish programs to help ex-convicts re-enter society.
True
False

Question 4
The Parker doctrine holds that lobbying members of the legislature to seek special favors for a competitor does not violate the antitrust laws.
True
False

Question 5
Drug testing programs are not subject to collective bargaining since that is a matter of federal and state policy.
True
False

Question 6
Under the hazard communication standard, an employer with toxic and explosive chemicals on the premises must have an ambulance available within five minutes.
True
False

Question 7
OSHA inspects each work place at least every other year.
True
False

Question 8
In R. Williams Construction v. OSHA, where Williams was fined for safety violations that resulted in the death of a worker, the appeals court held that the agency had violated the company's rights by not allowing it to present evidence that backed its position.
True
False

Question 9
Before the passage of federal discrimination laws, the labor unions were the only groups that consistently did not engage in discriminatory membership policies.
True
False

Question 10
The Department of the Commerce has published a series of merger guidelines that discuss factors considered in determining whether a merger is likely to be challenged.
True
False

Question 11
When a group of competitors conspire to prevent the carrying on of business or to harm a business it is a(n):
strike
exclusive deal
lock out
tie in
none of the other choices

Question 12
An unfair labor case is filed with the National Labor Relations Board and goes before an administrative law judge for resolution. If one of the parties is unhappy with the decision of the judge, they may:
file an exception
file a secondary complaint
file a remedial complaint
file a case with the U.S. Court of Appeals
none of the other choices are correct

Question 13
Horizontal market division is often held to violate antitrust law because it:
decreases exports
increases efficiency, but raises prices
leads to price fixing
gives consumers more choice
none of the other choices are correct

Question 14
In Gretillat v. Care Initiatives, where Gretillat sued for disability discrimination because her physical problems made it difficult for her to perform her job and she was forced to quit, the appeals court held that:
Gretillat's limitations met the ADA's demanding standard for being disabled so she had a suit
Gretillat's limitations met the ADA's demanding standard for being disabled, but she had no suit because she did not tell her employer about her condition before she was hired
Gretillat's limitations did not meet the ADA's demanding standard for being disabled, but she could still sue for compensation payments under the ADA's 2009 amendment
Gretillat's limitations did not meet the ADA's demanding standard for being disabled, but she had a suit because she could also sue for sex discrimination
none of the other choices are correct

Question 15
The most important legislation regulating private employee retirement plans is the:
Employee Pension Income Security Act
Employee Monetary Security Act
Employee Real Income Security Act
Employee Retirement Income Security Act
Employee Stability Security Act

Question 16
Which of the following actions are employers least likely to be able to take when it comes to drug testing?
screen job applicants for drug use before they are hired
routinely test employees on an annual basis as part of a physical examination
allow supervisors to order employees to be tested for drugs whenever a supervisor thinks it is a good idea
have an employee tested after a safety-related accident
all of the other choices are fine legally

Question 17
A trucking company has employees who load 100-pound sacks on trucks. Of those who apply for the jobs, one man in three can lift 100-pound sacks, but only one woman in fifty. As a result, all 40 employees are men. In sex discrimination suit, the most likely result will be that the company will:
lose because the statistics prove the structure of the employment situation is discriminatory
lose because it could make smaller sacks smaller, which would increase the number of women who would be eligible
win because there is a business necessity that produces the all male workforce
win because the work involved is traditional male work
none of the other choices

Question 18
Which is not an officially recognized racial group under Title VII:
Hispanics
Asians
Arabs
Native Americans
all of the other choices are recognized

Question 19
Under the Equal Pay Act, men and women may be paid different wages if:
wages are based on a seniority system
wages are based on a merit system
wages are based on quantity of production
wages are based on quality of production
all of the other choices are correct

Question 20
In Juarez v. CC Services, where Juarez was injured on the job and he claimed the worker who caused the injury was an independent contractor, so he could sue for damages in tort, and the jury awarded $600,000 in damages, the judge held that:
Juarez should have been awarded more than $600,000 because his medical bills were more than $600,000
Juarez could not sue for damages in tort because he was at fault in the accident
Juarez could not sue for damages in tort because worker's compensation statues barred him from recovering anything from a co-employee and the worker who caused the accident was found to be a co-employee
Juarez could sue for damages in tort even though worker's compensation statues barred him from recovering anything from a co-employee because the worker who caused the accident was found to be an independent contractor
Juarez could sue for damages in tort if he returned his workers' compensation award

Question 21
Before the Norris-La Guardia Act, federal courts:
could not interfere in labor-management relations
showed no interest in labor-management relations
could issue injunctions to stop labor strikes
refused to interfere in labor-management disputes due to the Interstate Commerce Clause
none of the other choices

Question 22
It is NOT illegal, under the Americans with Disabilities Act, to ask a potential employee which of the following questions:
do you have AIDS?
have you ever been treated for mental health problems?
have you ever been treated for drug addiction?
have you ever held a position like this before?
all of the other specific choices are illegal

Question 23
Alpha, an expensive brand of watch that sell for $5,000 (suggested retail price), sells to fine jewelry stores for $2,500. Irritated that Amer's Jewelry is selling the watches to the public for $4,000, while competitors are selling for $5,000, stops selling the watches to Amer's. Amer's sues Alpha for antitrust violation. It is likely that Amer's will:
win for price fixing violation of the Sherman Act
win for Robinson-Patman Act violation
win for Section 5 FTC Act violation
lose because it violates the Robinson-Patman Act
none of the other choices

Question 24

Fact Pattern 17-1

Loretta worked for Minute Dry Cleaners as a cashier, and also did ironing when extra help was needed. Soon after she was hired, her boss, John, began to make suggestive comments to her. He complemented Loretta on her clothes and her looks. Several times, when they were in the store alone, John cornered Loretta and told her that she was driving him crazy, and that she just had to date him. Loretta told John that she already seeing someone and backed away.

John cornered her again. He told her that he had waited long enough, and that if she wanted to keep her job she was going to have to "put out." He grabbed her arm, but she got away to the counter. She told John to keep away from her. He laughed, and asked her what she was going to do. He said he knew she needed the job, because she was fired from her previous jobs for drug problems. If she didn't get along with him, he would fire her and tell people it was because she came to work stoned.

Loretta quit the next day. She filed a complaint against John with the local EEO office. John told EEO he fired Loretta was because of her drinking on the job. He referred them to Loretta's past work record which showed a drug problem. Loretta insisted that John harassed her and that she had not been drinking while at Minute.

Refer to Fact Pattern 17-1. Loretta files a complaint against Minute Cleaners and John based on sexual harassment. John appears to have committed which type(s) of sexual harassment against Loretta?
quid pro quo harassment
disparate harassment
hostile work environment harassment
quid pro quo harassment and hostile work environment harassment
quid pro quo harassment and hostile work environment harassment and disparate harassment

Question 25
With regard to bargaining between unions and employers____ means an obligation to meet and be willing to present proposals and explain reasons, to listen to and consider the proposals of the other party, and to search for some common ground that can serve as the basis for an but with no legal requirement that agreement be reached.
good faith
bad faith
collective faith
sincere faith
legitimate faith