National labor relations act

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Reference no: EM13194281

Question 1: The National Labor Relations Act (NLRA) covers which of the following type(s) of workers? 
a. independent contractors 
b. railroad workers 
c. federal employees 
d. part-time cashiers at Burger King 
e. Major League baseball players 
f. full-time employees at the Virginia Division of Motor Vehicles 
g. nurses in a not-for-profit hospital 
h. hourly workers at Verizon, AT&T and other telephone companies 

Question 2: Which of the following does the National Labor Relations Board (NLRB) hold supports a finding that a group of employees constitutes a bargaining unit appropriate for collective bargaining: 
a. the employees share the same supervisor 
b. the employees share similar goals for their own careers 
c. the employees share similar wages, hours, and working conditions 
d. the absence of part-time workers 

Question 3: Who is/are represented by a union which the National Labor Relations Board (NLRB) has certified as the representative of an employer's employees? 
a. all employees in the pertinent bargaining unit 
b. only employees in the unit who have paid union dues 
c. all full-time employees, whether they are in the unit or not 
d. free riders 
e. only people who voted for the union. 

Question 4: Under the National Labor Relations Act (NLRA), good faith bargaining: (List as many as apply.) 
a. is required of both labor and management 
b. requires the parties to reach an agreement 
c. covers bargaining of mandatory but not permissive subjects 
d. is similar in the private and public sectors 

Question 5: Which is/are true about the labor environment? 
a. All unions belong to the AFL-CIO. 
b. Nearly 75% of contract negotiations 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. Only 10% of the states have right-to-work laws. 

Question 6: Carter is HIV positive. He works for Consolidated Enterprises. The owner of Consolidated Enterprises tells Carter's coworkers that Carter is HIV-positive. Fearful of his condition, Carter's coworkers ostracize him, making it increasingly difficult for him to perform his job. Consequently, Carter is fired because he is no longer effective at his job. True or False: Carter can prevail in a court of law against his employer in a defamation claim. 

Question 7: For a waiver by an employee of a claim he may have against his employer for invasion of privacy due to a workplace search to be enforceable by a court, the waiver must be: (List all that apply.) 
a. given prior to the offer of a job. 
b. knowingly and voluntarily given. 
c. in writing. 

Question 8: True or False: Contrary to the Sutton v. United Airlines ruling, under the ADA Amendments of 2008 (ADAAA), the determination of whether an individual has a disability under the American with Disabilities Act (ADA), is now made without considering the effects of uncommon corrective measures, such as medications. 

Please Explain in details 

Question 9: You have recently been hired by the XYZ Corporation as the Vice President of Human Resources. XYZ is a medium-sized manufacturing company that currently operates two manufacturing facilities-one in Detroit, Michigan where the workforce has unionized, and one in Beaufort, South Carolina where the workforce has not unionized. XYZ Corporation's contracts with the federal government have been stable in recent years, but its commercial accounts have vacillated. In an effort to increase revenues and reduce costs, it is planning to "go global" in the next year; it may open new sites outside the U.S. As a prudent new executive, you have decided to establish a benchmark by auditing the current state of Employee Relations in the company. 

Explain how you will evaluate Employee Relations in this company. Include 

1) Given the information provided, what are the key business objectives Employee Relations must promote? 
2) What are the four highest priority ER areas you will investigate and why are those important to the business objectives? (Hint: Consider topics from the entire semester, not just those since the last test.) 
3) What are the types of measurements/indicators/metrics (data) that are appropriate to review in the audit? (Hint: Think in terms of what someone would actually have to see.) 

Please explain in details 

Question 10: The ABC Company operates about 700 convenience stores throughout the United States. A sales assistant at one of the company's stores in Columbus, Ohio was murdered while on duty. The murder was widely publicized, and employees complained of inadequate security measures. As a result of the murder, 15 sales assistants telephoned a union requesting that the union assist them in organizing a union at ABC Company. The union sent representatives to 60 stores in the Ohio area, and left union authorization cards. Two days later the company notified the union that an injunction had been issued during a prior union campaign prohibiting solicitation on company property. 
The next workday, the company had a meeting with the store managers in the area and talked about the need to improve security. The company officials also discussed the union's organizational activities and reminded the managers of the "no solicitation" policy and stated that a union would not necessarily do the employees any good. Later that week, the company had an unprecedented meeting for all sales assistants. Approximately 200 sales assistants attended and were paid for their time. The company officials told the employees that they did not need a union. The employees were asked to voice their complaints and the employees listed the following: getting less than 40 hours work per week; not having breaks; not being paid for overtime work; working alone at night; and poor lighting at the stores. 
The next day the company sent a memo to all regional personnel directing that sales assistants should work a 40-hour workweek; canopy lights were installed at all the stores; a policy was adopted that no one would be required to work alone at night; and sales assistants began receiving wages for after-hours overtime work. The company posted "no solicitation" signs in all stores and directed that those signs be enforced; if the employees did not enforce the signs, they would lose their jobs. Later that month the company held further meetings with sales assistants, who again were paid for their time. They asked to select committee representatives to meet with management to discuss their complaints. Management officials left the room while the employees selected their representatives. The company made a list of the ten most frequently mentioned items from the employees' recommended subjects for the committee to5 discuss. 
Meanwhile, the union filed a representation petition with the NLRB seeking an election in a unit of all sales assistants in the company's Columbus, Ohio stores. The company president told the managers to tell the sales assistants that if they joined the union, the company would close those stores. The first meeting of the Employee Management Committee was held and the ten priority items were listed, granting employees a new vacation policy, improved health-care benefits, sick days, change in holiday hours for pay, recognition of seniority, and improved security systems. Not long after that, the company sent an additional memo around announcing other improvements in life, major medical, and accident insurance plans, in addition to death and family benefits and a revised disciplinary appeal system. 

If the union wanted to file a complaint with the NLRB, what "unfair labor practice" claim(s) could it make? What would the company's defenses be? Use the specific terms and concepts covered in this course to support your analysis 

Reference no: EM13194281

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