WGU D352 EMPLOYMENT AND LABOR LAW - PRACTICE QUESTIONS COMPREHENSIVE EXAM PREPARATION VERIFIED ANSWERS AND RATIONALES

WGU D352 EMPLOYMENT AND LABOR LAW - PRACTICE QUESTIONS COMPREHENSIVE EXAM PREPARATION VERIFIED ANSWERS AND RATIONALES 1. Under the National Labor Relations Act, which group of workers is explicitly excluded from the definition of "employee" for purposes of unionization? A) Part-time workers B) Agricultural laborers C) Temporary workers D) Probationary employees Correct Answer: B) Agricultural laborers Rationale: The NLRA specifically excludes agricultural laborers from the definition of "employee" under Section 2(3). This means agricultural workers are not protected by the NLRA's provisions regarding unionization and collective bargaining. ________________________________________ 2. An employer threatens to close its plant if employees vote to unionize. This action constitutes which type of unfair labor practice? A) Interference with employee rights B) Domination of a labor organization C) Discrimination to encourage or discourage union membership D) Refusal to bargain collectively Correct Answer: A) Interference with employee rights Rationale: Threatening to close a plant if employees unionize is a classic example of employer interference with employee rights protected under Section 7 of the NLRA. Such threats constitute an unfair labor practice under Section 8(a)(1). ________________________________________ 3. What is the minimum number of employees required to petition the NLRB for a representation election? A) 10% of the proposed bargaining unit B) 20% of the proposed bargaining unit C) 30% of the proposed bargaining unit D) 50% of the proposed bargaining unit Correct Answer: C) 30% of the proposed bargaining unit Rationale: Under NLRB procedures, a union must demonstrate at least 30% interest among employees in the proposed bargaining unit through signed authorization cards or a petition before the Board will conduct an election. ________________________________________ 4. A union refuses to process a grievance filed by a non-union member employee in the bargaining unit. Is this permissible under the NLRA? A) Yes, because the employee is not a union member B) No, because the union has a duty of fair representation C) Yes, because unions can choose which grievances to pursue D) No, because all employees must be union members Correct Answer: B) No, because the union has a duty of fair representation Rationale: Under the duty of fair representation, unions must represent all employees in the bargaining unit equally, regardless of union membership status. Refusing to process a grievance solely because an employee is not a union member violates this duty. ________________________________________ 5. Which federal agency has primary jurisdiction over unfair labor practices involving employers and unions? A) Department of Labor B) National Labor Relations Board C) Equal Employment Opportunity Commission D) Federal Mediation and Conciliation Service Correct Answer: B) National Labor Relations Board Rationale: The NLRB is the federal agency responsible for investigating and remedying unfair labor practices under the National Labor Relations Act. The Board has exclusive jurisdiction over these matters. ________________________________________ 6. An employee engages in union organizing activities during work hours while other employees are performing their duties. The employer disciplines the employee. Under the NLRA, is this discipline permissible? A) Yes, because the employee was engaging in protected activity during work hours B) No, because union organizing is always protected regardless of time C) Yes, because the employee violated work rules about non-work activities D) No, because employees can engage in any activity during work hours Correct Answer: A) Yes, because the employee was engaging in protected activity during work hours Rationale: While employees have the right to engage in union organizing, employers may limit such activity during working time if the restrictions are consistently applied to non-work activities. The discipline would be permissible if it was for violating a legitimate work rule. ________________________________________ 7. What is the "Card Check" process in union organizing? A) A secret ballot election conducted by the NLRB B) A process where union authorization cards are submitted to the employer C) A procedure where employees vote by mail D) A method where the employer determines union support Correct Answer: B) A process where union authorization cards are submitted to the employer Rationale: Card check is an alternative to secret ballot elections where a union presents signed authorization cards from a majority of employees to the employer, who then recognizes the union without conducting a formal NLRB election. ________________________________________ 8. Under the NLRA, which employer speech is permissible during a union organizing campaign? A) Promising benefits to employees who vote against the union B) Threatening to terminate employees who vote for the union C) Expressing opinions about the union based on factual information D) Offering bonuses contingent on voting against the union Correct Answer: C) Expressing opinions about the union based on factual information Rationale: Under Section 8(c) of the NLRA, employers may express their views and opinions about unions, including predictions about economic consequences, as long as they are based on objective facts and do not contain threats or promises. ________________________________________ 9. A union pickets a company to pressure the employer to recognize the union without an election. The picketing has continued for more than 30 days without a representation petition being filed. This is known as: A) Recognitional picketing B) Informational picketing C) Area standards picketing D) Sympathy picketing Correct Answer: A) Recognitional picketing Rationale: Recognitional picketing is picketing aimed at compelling an employer to recognize a union. Under Section 8(b)(7)(C), such picketing is prohibited if it continues for more than 30 days without a representation petition being filed.