D352 Objective Assessment Employment and
Labor Law Exam 2 Version 1 | Questions with
Correct Answers and Expert Explanation for Each
Question | WGU
1. Which section of the National Labor Relations Act (NLRA) grants employees the
right to engage in ‘concerted activities’ for mutual aid or protection?
A. Section 8(a)(1)
B. Section 9(c)
C. Section 7
D. Section 14(b)
Correct Answer: C
Expert Explanation: Section 7 is the foundational component of the NLRA that
establishes employee rights. It protects the right of workers to organize and bargain
collectively through representatives of their own choosing. This protection extends
to non-union employees who act together to improve working conditions. Engaging
in concerted activity is protected even if it occurs outside a formal union structure.
Understanding this section is critical for employers to avoid interfering with
protected employee conduct.
,2. An employer is preparing for a union election and wants to know which employees
should be included in the bargaining unit. What is the primary standard used by the
NLRB to determine this?
A. Geographic proximity of work sites
B. Total number of years of service
C. Community of interest
D. Individual employee preference
Correct Answer: C
Expert Explanation: The ‘community of interest’ standard evaluates whether
employees share similar working conditions and concerns. The NLRB looks at
factors like similarity in skills, wages, and supervision to make this determination. It
ensures that the bargaining unit is appropriate for effective collective bargaining
between the parties. If employees do not share enough commonalities, they may be
excluded from the specific unit. This process prevents the formation of units where
the interests of employees are too diverse to be represented effectively.
3. During a union organizing campaign, an employer tells workers that the company
will likely close if a union is voted in. Which part of the TIPS acronym does this violate?
A. Interrogate
B. Threaten
,C. Promise
D. Spy
Correct Answer: B
Expert Explanation: The TIPS acronym helps managers remember what
constitutes an unfair labor practice during organizing. Threatening employees with
job loss or facility closure for supporting a union is a violation of the NLRA.
Employers are allowed to share facts and opinions, but they cannot make threats of
reprisal. A threat of closure is considered coercive and interferes with the free
choice of the employees. Management must be careful to distinguish between
economic predictions and unlawful threats during campaigns.
4. Which of the following is considered a ‘mandatory’ subject of collective bargaining?
A. Employee healthcare benefits
B. Marketing strategies for new products
C. Selection of the company’s Board of Directors
D. Internal union governance procedures
Correct Answer: A
Expert Explanation: Mandatory subjects are those that directly affect wages, hours,
and other terms and conditions of employment. Both the employer and the union
, are legally required to bargain in good faith over these items. Healthcare benefits
fall squarely within the category of employee compensation and conditions.
Refusing to bargain over a mandatory subject is a violation of Section 8 of the NLRA.
In contrast, permissive subjects are optional and do not require both parties to
agree to discuss them.
5. What happens to the reinstatement rights of employees who participate in an
‘economic strike’?
A. They are entitled to their jobs back only if they have not been permanently
replaced.
B. They lose all rights to their jobs permanently.
C. They must be immediately reinstated regardless of replacements.
D. They are only eligible for reinstatement if the union wins the strike.
Correct Answer: A
Expert Explanation: Economic strikes are conducted to pressure an employer
regarding wages or working conditions. Employers have the legal right to hire
permanent replacements to keep the business running during such strikes. If
permanent replacements are hired, strikers are not entitled to immediate
reinstatement when the strike ends. However, they must be placed on a preferential
Labor Law Exam 2 Version 1 | Questions with
Correct Answers and Expert Explanation for Each
Question | WGU
1. Which section of the National Labor Relations Act (NLRA) grants employees the
right to engage in ‘concerted activities’ for mutual aid or protection?
A. Section 8(a)(1)
B. Section 9(c)
C. Section 7
D. Section 14(b)
Correct Answer: C
Expert Explanation: Section 7 is the foundational component of the NLRA that
establishes employee rights. It protects the right of workers to organize and bargain
collectively through representatives of their own choosing. This protection extends
to non-union employees who act together to improve working conditions. Engaging
in concerted activity is protected even if it occurs outside a formal union structure.
Understanding this section is critical for employers to avoid interfering with
protected employee conduct.
,2. An employer is preparing for a union election and wants to know which employees
should be included in the bargaining unit. What is the primary standard used by the
NLRB to determine this?
A. Geographic proximity of work sites
B. Total number of years of service
C. Community of interest
D. Individual employee preference
Correct Answer: C
Expert Explanation: The ‘community of interest’ standard evaluates whether
employees share similar working conditions and concerns. The NLRB looks at
factors like similarity in skills, wages, and supervision to make this determination. It
ensures that the bargaining unit is appropriate for effective collective bargaining
between the parties. If employees do not share enough commonalities, they may be
excluded from the specific unit. This process prevents the formation of units where
the interests of employees are too diverse to be represented effectively.
3. During a union organizing campaign, an employer tells workers that the company
will likely close if a union is voted in. Which part of the TIPS acronym does this violate?
A. Interrogate
B. Threaten
,C. Promise
D. Spy
Correct Answer: B
Expert Explanation: The TIPS acronym helps managers remember what
constitutes an unfair labor practice during organizing. Threatening employees with
job loss or facility closure for supporting a union is a violation of the NLRA.
Employers are allowed to share facts and opinions, but they cannot make threats of
reprisal. A threat of closure is considered coercive and interferes with the free
choice of the employees. Management must be careful to distinguish between
economic predictions and unlawful threats during campaigns.
4. Which of the following is considered a ‘mandatory’ subject of collective bargaining?
A. Employee healthcare benefits
B. Marketing strategies for new products
C. Selection of the company’s Board of Directors
D. Internal union governance procedures
Correct Answer: A
Expert Explanation: Mandatory subjects are those that directly affect wages, hours,
and other terms and conditions of employment. Both the employer and the union
, are legally required to bargain in good faith over these items. Healthcare benefits
fall squarely within the category of employee compensation and conditions.
Refusing to bargain over a mandatory subject is a violation of Section 8 of the NLRA.
In contrast, permissive subjects are optional and do not require both parties to
agree to discuss them.
5. What happens to the reinstatement rights of employees who participate in an
‘economic strike’?
A. They are entitled to their jobs back only if they have not been permanently
replaced.
B. They lose all rights to their jobs permanently.
C. They must be immediately reinstated regardless of replacements.
D. They are only eligible for reinstatement if the union wins the strike.
Correct Answer: A
Expert Explanation: Economic strikes are conducted to pressure an employer
regarding wages or working conditions. Employers have the legal right to hire
permanent replacements to keep the business running during such strikes. If
permanent replacements are hired, strikers are not entitled to immediate
reinstatement when the strike ends. However, they must be placed on a preferential
