WGU Employment Law - C233 Study
Guidebquestions With Answers.
Identify the role of the National Labor Relations Board (NLRB). - ANSWER- a
federal agency given power to police against unfair labor practices and
determine whether the union is sanctioned to represent the members. NLRB
administers all provisions of the Wagner Act. Primary functions include:
conducting union elections (make sure that they are ethically and legally
conducted), investigating complaints by employers or unions through their
investigations, issuing opinions on it findings and prosecuting violations in
court. Remember NLRB investigates all unfair labor practices even in non-
union environments. Investigating unfair labor practices connected with
Social Media has been a recent focus for the NLRB.
What is the National Labor Relations Act, also known as the Wagner Act
of 1935? - ANSWER- Pro-union law which:
1. Established the rights of workers to form unions, collective bargain, and to
strike.
2. Protected union rights and prohibited employers from interfering,
coercing or otherwise intruding on employees interested in the union
3. Established the National Labor Relations Board (NLRB)-
Describe the Labor Management Relations Act (LMRA), also known as the
Taft-Hartley Act, of 1947. - ANSWER- Pro-employer law which:
1. Curbed unions overreaching or shift some of the power back to the
employer;
2. Forbade Unions from using unfair labor practices, for example unions
cannot coerce or discriminate against non-union members;
3. Outlawed the closed shop (shop that made union membership a
condition of employment). Let employers take back the right to hire.
4. Prohibited wildcat strikes (those not authorized by the union); Further,
the "right to work" provision was established, states that had right to work
laws had to be honored. The state law prohibits employees to be required
to join a union. Gives the employee the choice.
Describe the major impacts of the Labor Management Reporting and
Disclosure Act, also known as the Landrum-Griffin Act, of 1959. - ANSWER-
Increased power of Union Members by:
1. Unions had to give union members a bill of rights;
2. Unions required to hold elections every 3 years;
3. Unions had to submit annual financial reports to the department of
labor, federal crime to embezzle or steal union funds.
Also, union members could attend union meetings, vote and nominate
people for union offices.
,Define the steps in the union organization process. - ANSWER- 1. Union
contacts employees or employees contact union.
2. Initial organizational meeting with union to gather employee support.
3. 30% of authorization (employee) signatures are required to move
forward with unionization process.
4. Once 30% of signatures are gathered, a secret ballot election is
administered by the NLRA.
5. If the vote is "yes" (51% majority), the NLRB certifies the union
as the legal bargaining representative of the employees.
Describe the collective bargaining process. - ANSWER- Collective bargaining
is the negotiations between the employer and the the union (on behalf of
the workers) to form a new contract which governs the working relationship
between the parties. Under the NLRA, both the union and the employer are
required to bargain in good faith. The concept of good faith does not
mandate agreement, but instead requires a mutual obligation of the parties
to participate actively in negotiations, showing intent to find a basis for
agreement. Workplace issues are divided into three categories: mandatory,
permissive and illegal bargaining items.
Compare unfair labor practices for management and labor. - ANSWER-
Management cannot: refuse to bargain with labor; coerce, interfere or
intrude on employees' rights to become involved with unions;
For unions, they must bargain in good faith. During strike activity, unions
are prohibited from preventing persons who wish to work from entering the
business, may not damage employer property, and may not picket other
businesses that provide goods and services to the employer. Such a picket
is called a secondary picket.
Describe the following strategies to resolve labor disputes:
Lockout - ANSWER- the employer either shuts down business operations and
prevents employees from coming to work or continues work but hires
replacement employees
Describe the following strategies to resolve labor disputes:
Strikes - ANSWER- a mass work stoppage; economic strikes (used to
pressure management into conceding to compensation demands) and ULP
strikes (employer committed ULP) are lawful. Wildcat strikes, in which
employees stop work without the union's permission, are illegal.
Describe the following strategies to resolve labor disputes:
Mediation - ANSWER- voluntary process, bringing a neutral third-party into a
negotiation as a facilitator. It may or may not lead to an agreement between
the parties
Describe the following strategies to resolve labor disputes:
Arbitration - ANSWER- process agreed to by the parties in which, at its
conclusion, a neutral third-party will impose a binding agreement on both
parties
, Summarize worker eligibility and E-verify. - ANSWER- E-verify is used to
allow employer to determine eligibility of an employee to work in US. They
have to submit form I-9 and have to submit it within 3 days and keep in their
records. Contractors with
$100,000 or more/or 120 days or longer from Federal government contracts
must use e- verify. Other employers, optional. If e-verify gives non-
confirmation, candidate has 8 days to respond. (employer has to wait out
that 8 days)
Explain negligent hiring. - ANSWER- Negligent hiring is when an employer
ignores a reputation or record of an applicant and still hires them for the job,
and then something negative occurs. In a sense, the employer shares the
blame in this situation.
Explain a negligent referral. - ANSWER- Negligent referral occurs when an
employer who is providing untrue reference omitted dangerous or criminal
behavior. Meaning by suggesting someone to do a job but not giving the
person that is hiring the full background on the past employee's behavior,
when harm occurred on the job, the referring employer was negligent.
Explain negligent retention. - ANSWER- Negligent retention is that the
employer fails to terminate or remove an employee that poses a danger.
Define the Fair Labor Standards Act (FLSA) and its main parts. - ANSWER-
FLSA established minimum wage, overtime pay, record keeping, and youth
employment standards affecting full-time and part-time workers in the
private sector and in Federal, State, and local governments.
For added detail:
1. Set overtime pay at 1.5 times the usual hourly wage for non-exempt
employees for hours worked over 40 in a week
2. Defined exempt and non-exempt standards; general exemption is
established by high degree of responsibility, supervises at least 1 person and
uses judgment/decision- making in role
3. Child labor laws may restrict hours and times of day for work, varying
by age and during/outside of school year
Describe the Immigration Reform and Control Act (IRCA). - ANSWER- IRCA
preventing illegal employment of aliens to employers. Unlawful if have 4 or
more employees to hire undocumented workers. Within 3 operational
business days (72 hours) must verify eligible to work in the US Form I9.
Prohibits discrimination in employment on the basis of national origin or
citizenships
Explain the rules associated with the Worker Adjustment Retraining
Notification (WARN) Act. - ANSWER- WARN rules is employers with over 100
employees has to give a detailed written advance notice of plant closing or
mass layoff also 60 days prior to closing & prohibited to close before.
Caution: the 100 employees could be laid off over a month or two if the
employer is sneaky; this would still qualify as needing the 60 day WARN
notice. Plants must be within 75 miles of each other.
Guidebquestions With Answers.
Identify the role of the National Labor Relations Board (NLRB). - ANSWER- a
federal agency given power to police against unfair labor practices and
determine whether the union is sanctioned to represent the members. NLRB
administers all provisions of the Wagner Act. Primary functions include:
conducting union elections (make sure that they are ethically and legally
conducted), investigating complaints by employers or unions through their
investigations, issuing opinions on it findings and prosecuting violations in
court. Remember NLRB investigates all unfair labor practices even in non-
union environments. Investigating unfair labor practices connected with
Social Media has been a recent focus for the NLRB.
What is the National Labor Relations Act, also known as the Wagner Act
of 1935? - ANSWER- Pro-union law which:
1. Established the rights of workers to form unions, collective bargain, and to
strike.
2. Protected union rights and prohibited employers from interfering,
coercing or otherwise intruding on employees interested in the union
3. Established the National Labor Relations Board (NLRB)-
Describe the Labor Management Relations Act (LMRA), also known as the
Taft-Hartley Act, of 1947. - ANSWER- Pro-employer law which:
1. Curbed unions overreaching or shift some of the power back to the
employer;
2. Forbade Unions from using unfair labor practices, for example unions
cannot coerce or discriminate against non-union members;
3. Outlawed the closed shop (shop that made union membership a
condition of employment). Let employers take back the right to hire.
4. Prohibited wildcat strikes (those not authorized by the union); Further,
the "right to work" provision was established, states that had right to work
laws had to be honored. The state law prohibits employees to be required
to join a union. Gives the employee the choice.
Describe the major impacts of the Labor Management Reporting and
Disclosure Act, also known as the Landrum-Griffin Act, of 1959. - ANSWER-
Increased power of Union Members by:
1. Unions had to give union members a bill of rights;
2. Unions required to hold elections every 3 years;
3. Unions had to submit annual financial reports to the department of
labor, federal crime to embezzle or steal union funds.
Also, union members could attend union meetings, vote and nominate
people for union offices.
,Define the steps in the union organization process. - ANSWER- 1. Union
contacts employees or employees contact union.
2. Initial organizational meeting with union to gather employee support.
3. 30% of authorization (employee) signatures are required to move
forward with unionization process.
4. Once 30% of signatures are gathered, a secret ballot election is
administered by the NLRA.
5. If the vote is "yes" (51% majority), the NLRB certifies the union
as the legal bargaining representative of the employees.
Describe the collective bargaining process. - ANSWER- Collective bargaining
is the negotiations between the employer and the the union (on behalf of
the workers) to form a new contract which governs the working relationship
between the parties. Under the NLRA, both the union and the employer are
required to bargain in good faith. The concept of good faith does not
mandate agreement, but instead requires a mutual obligation of the parties
to participate actively in negotiations, showing intent to find a basis for
agreement. Workplace issues are divided into three categories: mandatory,
permissive and illegal bargaining items.
Compare unfair labor practices for management and labor. - ANSWER-
Management cannot: refuse to bargain with labor; coerce, interfere or
intrude on employees' rights to become involved with unions;
For unions, they must bargain in good faith. During strike activity, unions
are prohibited from preventing persons who wish to work from entering the
business, may not damage employer property, and may not picket other
businesses that provide goods and services to the employer. Such a picket
is called a secondary picket.
Describe the following strategies to resolve labor disputes:
Lockout - ANSWER- the employer either shuts down business operations and
prevents employees from coming to work or continues work but hires
replacement employees
Describe the following strategies to resolve labor disputes:
Strikes - ANSWER- a mass work stoppage; economic strikes (used to
pressure management into conceding to compensation demands) and ULP
strikes (employer committed ULP) are lawful. Wildcat strikes, in which
employees stop work without the union's permission, are illegal.
Describe the following strategies to resolve labor disputes:
Mediation - ANSWER- voluntary process, bringing a neutral third-party into a
negotiation as a facilitator. It may or may not lead to an agreement between
the parties
Describe the following strategies to resolve labor disputes:
Arbitration - ANSWER- process agreed to by the parties in which, at its
conclusion, a neutral third-party will impose a binding agreement on both
parties
, Summarize worker eligibility and E-verify. - ANSWER- E-verify is used to
allow employer to determine eligibility of an employee to work in US. They
have to submit form I-9 and have to submit it within 3 days and keep in their
records. Contractors with
$100,000 or more/or 120 days or longer from Federal government contracts
must use e- verify. Other employers, optional. If e-verify gives non-
confirmation, candidate has 8 days to respond. (employer has to wait out
that 8 days)
Explain negligent hiring. - ANSWER- Negligent hiring is when an employer
ignores a reputation or record of an applicant and still hires them for the job,
and then something negative occurs. In a sense, the employer shares the
blame in this situation.
Explain a negligent referral. - ANSWER- Negligent referral occurs when an
employer who is providing untrue reference omitted dangerous or criminal
behavior. Meaning by suggesting someone to do a job but not giving the
person that is hiring the full background on the past employee's behavior,
when harm occurred on the job, the referring employer was negligent.
Explain negligent retention. - ANSWER- Negligent retention is that the
employer fails to terminate or remove an employee that poses a danger.
Define the Fair Labor Standards Act (FLSA) and its main parts. - ANSWER-
FLSA established minimum wage, overtime pay, record keeping, and youth
employment standards affecting full-time and part-time workers in the
private sector and in Federal, State, and local governments.
For added detail:
1. Set overtime pay at 1.5 times the usual hourly wage for non-exempt
employees for hours worked over 40 in a week
2. Defined exempt and non-exempt standards; general exemption is
established by high degree of responsibility, supervises at least 1 person and
uses judgment/decision- making in role
3. Child labor laws may restrict hours and times of day for work, varying
by age and during/outside of school year
Describe the Immigration Reform and Control Act (IRCA). - ANSWER- IRCA
preventing illegal employment of aliens to employers. Unlawful if have 4 or
more employees to hire undocumented workers. Within 3 operational
business days (72 hours) must verify eligible to work in the US Form I9.
Prohibits discrimination in employment on the basis of national origin or
citizenships
Explain the rules associated with the Worker Adjustment Retraining
Notification (WARN) Act. - ANSWER- WARN rules is employers with over 100
employees has to give a detailed written advance notice of plant closing or
mass layoff also 60 days prior to closing & prohibited to close before.
Caution: the 100 employees could be laid off over a month or two if the
employer is sneaky; this would still qualify as needing the 60 day WARN
notice. Plants must be within 75 miles of each other.
