The MOST basic reason employees join unions is to

Transcription

1 The MOST basic reason employees join unions is to A. Belong to a group with similar goals and ideals. B. Help guarantee a safe, secure work environment. C. Exercise their leadership abilities. D. Fulfill their needs for self esteem. The correct answer is B. While all of the above options can be reasons for union membership, the most basic need, according to Maslow, is the need for safety and security. 1

2 Which of the following laws restricts arbitrary injunctions against nonviolent union activity? A. Taft Hartley Act B. Labor Management Reporting and Disclosure Act C. Norris LaGuardia Act D. Railway Labor Act The correct answer is C. The Norris LaGuardia Act restricts arbitrary injunctions against nonviolent union activity. Sweetheart contracts and union unfair labor practices were banned by the Taft Hartley Act. Closed shop exceptions for construction trades were allowed according to the Labor Management Reporting and Disclosure Act. The Railway Labor Act gave railroad employees the right to organize and bargain collectively. 2

3 Which of the following is prohibited by the NLRA? A. Arbitrary injunctions B. Collective bargaining C. Employer domination of unions D. Yellow dog contracts The correct answer is C. The NLRA attempted to balance the interests of management and labor and prohibited the employer from unfair labor practices such as union domination. The Norris LaGuardia Act prohibited arbitrary injunctions. The NLRA did not prohibit collective bargaining; it established mandatory subjects for collective bargaining. Yellow dog contracts were prohibited by the Norris LaGuardia Act. 3

4 Which of the following statements about the Taft Hartley Act is true? A. It allowed employers to file unfair labor practice charges against unions. B. It established the NLRB to encourage growth of the union movement. C. It prohibited paycheck deduction of union dues. D. It allowed employers to establish company sponsored labor unions. The correct answer is A. The Taft Hartley Act established a balance of power between union and management by designating certain union activities as unfair labor practices. B is incorrect because the NLRA established the NLRB to encourage union growth. C is incorrect because the Taft Harley Act allows deduction of union dues with the employee s written consent. D is incorrect because the Taft Hartley Act outlawed sweetheart contracts, forbidding employers from establishing company sponsored labor unions. 4

5 Right to work laws allow states to A. Establish emergency strike provisions when a strike threatens public welfare. B. Maintain a list of arbitrators to assist in contract settlement. C. Pay less than the federal minimum wage. D. Forbid compulsory union membership. The correct answer is D. Right to work laws were established by some states, with the permission of the federal government, to forbid compulsory union membership. 5

6 Which of the following gave union members the right to secret ballot elections for union officers and the right to sue the union? A. National Labor Relations Act B. Railway Labor Act C. Labor Management Reporting and Disclosure Act D. Labor Management Relations Act The correct answer is C. The Labor Management Reporting and Disclosure Act was intended to protect employees from corrupt or discriminatory labor unions. It gave union members the right to secret ballot elections for union offices, protection from excessive dues, freedom of speech in union matters, and the right to sue the union. 6

7 Common Law is based on A. EEOC directives B. Congressional legislation C. Court Decisions D. Torts The correct answer is C. Common law is based on court decisions rather than codified laws. Statutory law is enacted by legislation and enforced by the EEOC. A tort is a wrongful act, the result of which may be a civil suit. 7

8 Which of the following could be an exception to the employment at will concept? A. An employee is fired for engaging in misconduct. B. An employee is terminated for filing for workers compensation benefits. C. An employer and an employee agree to sever the employment relationship. D. An employer terminated an employee who does not have an employment contract. The correct answer is B. Employment at will is the concept that an employer or employee may sever the employment relationship at any given time for any reason unless prohibited by law or an employment contract. There are a number of exceptions to the employment at will, including public policy and just cause. Filing for workers compensation benefits falls into the public policy exception that states that employees cannot be fired for fulfilling legal obligations or pursuing certain statutory rights. In MOST states, filing workers compensation benefits falls into this category. 8

9 An employer s best defense when a case of negligent hiring goes to court is to A. Produce evidence of employment reference checking. B. Produce the employee s signed application form. C. Produce letters of reference provided by the employee. D. Prove that any misconduct occurred after regular work hours. The correct answer is A. The basic theory is that employers have a duty to protect workers from coworkers who the employer knew (or should have known) posed a risk. Proof that reference and employment checking has been done is the employer s best defense. A signed application form or letters of reference provided by the employee may not be accurate or present a complete picture. The fact that misconduct may have occurred after work hours does not relieve the employer from the obligation to protect coworkers from employees who pose a risk. 9

10 Which of the following is true about an EEOC investigation of an employee s charge of discrimination? A. The EEOC field offices will accept complaints filed within one year of the alleged discrimination. B. The EEOC must initiate legal action if efforts at conciliation fail. C. The EEOC can issue a right to sue letter that prevents further legal action. D. The EEOC can ask an employer to participate in mediation before it begins investigation. The correct answer is D. Depending on an initial priority assessment, the EEOC may request that both parties attempt mediation first. A is incorrect because claims must be filed within 180 or 300 days of the incident, depending on the jurisdiction. B is incorrect because although the EEOC can initiate legal action, it is not required to do so. C is incorrect because a right to sue letter gives the employee the right to file suit in court. 10

11 An HR manager is directly involved in an employment decision that leads to an EEOC complaint. Legal Counsel prepares an answer to the complaint and files it with the court. As the case proceeds, the manager will NOT be asked to A. Respond to request for information and documents. B. Prepare other HR managers and witnesses for deposition. C. Sit with legal counsel during the trial. D. Attend the deposition of the plaintiff. The correct answer is B. The HR manager will be deposed but will not be responsible for preparing other witnesses. This is the responsibility of legal counsel. Counsel will probably ask the HR manager to attend the deposition of the plaintiff since the manager can provide insights into the testimony. For the same reason, it is likely that the manager will sit with counsel during the trial. During all phases of the proceedings, the HR manager will be asked to provide information or documents. 11

12 An organization analyzes an assembly line job, determines the most efficient assembly process, and institutes this process throughout the organization. This is an example of A. Standardization B. Specialization C. Job Rotation D. Division of Labor The correct answer is A. Standardization focuses on creating processes that are institutionalized and lead to reduced training time and costs and greater job efficiency. Specialization occurs when people complete the same task, becoming more proficient over time. Division of labor reduces jobs to their smallest components and assigns a worker to each component. Job rotation is a strategy that shifts people between comparable but different jobs. 12

13 Task significance is the extent to which a job A. Offers workers freedom and autonomy. B. Is meaningful and important to others. C. Requires completion of a whole unit of work. D. Requires clear and direct feedback. The correct answer is B. Task significance is the extent to which a job has a substantial impact on other people and therefore becomes more meaningful. The remaining options refer to other characteristics of jobs: A refers to autonomy; C refers to task identity; and D refers to feedback. 13

14 Which of the following describes the difference between a committee and a task force? A. A committee is temporary and works outside of usual organization boundaries; a task force is a permanent group dedicated to a specific task. B. Committee membership is voluntary, and committee members keep their normal jobs; task force members are appointed and are relieved of normal job duties. C. A committee has an ongoing charter; a task force is temporary. D. A committee is made up of employees from the same functional area; a task force is cross functional. The correct answer is C. Committees, such as safety committees, generally have an ongoing charter. While the members of the committee may change over time, the committee itself endures. On the other hand, a task force is disbanded once it has tackled the long term, strategic objective assigned to it. 14

15 A consulting company recently changed its vacation and leave policies and wants to know how employees feel about the changes. Its 500 employees are located in 40 locations throughout the U.S. and Western Europe. Which of the following survey methods is likely to yield the highest response rate and best data? A. Online survey B. Telephone survey C. Fax survey D. Mail survey The correct answer is A. Online surveys generally yield the highest response rate due to the convenient 24/7 access via the Internet or company intranet. In addition, responses to open ended questions are often more complete if employees can type them in as opposed to writing them on a form. Given the time zone changes, phone interviews would be cumbersome; fax and mail surveys run the risk of being lost and not reaching all employees. 15

16 A detailed, step by step description of a company s customary method of handling activities is a A. Policy. B. Procedure. C. Rule. C. Vision. The correct answer is B. The key phrase in this question is step by step. Only a procedure provides a detailed, step by step methodology for handling activities. A policy is merely a statement reflecting an organization s philosophy, objectives, or standards; a rule states directly what must be done or avoided; and a vision articulates, in general terms, what an organization would like to achieve. 16

17 The PRIMARY reason employee handbooks should be carefully reviewed is because they A. Provide new employees with an impression of the company. B. May be the primary method of employee communication. C. May be viewed by the company s competitors. D. May create an enforceable contact. The correct answer is D. While all the answers may be true, the most important reason to review employee handbooks is to avoid inadvertently creating permanent, enforceable contractual obligations. Employees will expect to receive the benefits and follow the procedures outlined in the handbook. Therefore, outdated benefits or procedures can create liability for the company. 17

18 A supervisor counsels an employee about frequent tardiness. In spite of discussions, the employee is late for work twice the following week. What should be the next step in the disciplinary process? A. Give the employee an oral warning. B. Give the employee a written warning. C. Give the employee time off without pay. D. Terminate the employee. The correct answer is A. The supervisor has already counseled the employee and discussed reasons for tardiness and possible solutions. According to the progressive disciplinary process, the next step should be a verbal warning. If the offense were more serious, some of the steps in the process could be skipped, but this appears to be a less serious offense. 18

19 A supervisor conducts an investigatory interview to obtain information that could be the basis for disciplinary action. According to the Weingarten case, union employees may have which of the following attend the meeting? A. A union representative B. A member of management C. A friend or relative D. An Attorney The correct answer is A. The Weingarten case gave union workers the right to request the presence of a union representative at an investigatory meeting a meeting whose purpose is to gather facts. Friends, relatives, or an attorney may not be present. These rights apply only to an investigatory interview, not to meetings that impose disciplinary action. In the past, nonunion workers were also granted Weingarten rights, but a recent court ruling took away these rights for nonunion workers. 19

20 An employee files a grievance with the immediate supervisor claiming that a contract violation has occurred. The union steward agrees. What is the next step in the process? A. The employee testifies before a grievance committee. B. A department head and higher level union official discuss the grievance. C. The grievance is settled by a thirdparty, neutral arbitrator. D. The legal counsel from the union and the company meet to settle the grievance. The correct answer is B. The grievance is written and reviewed by an intermediate manager or department head and a higher level union official. At this stage, the grieving employee is not present and is represented by the union. The grievance must be settled within the time frame established by the contract, or it is elevated to the next level. 20

21 In voluntary arbitration, both parties must A. Agree to consider the judgment of the arbitrator. B. Waive their rights to appeal the award. C. Agree to a time frame for settlement of the dispute. D. Accept the decision of the arbitrator as binding. The correct answer is D. Voluntary arbitration means that both parties willingly submit to arbitration and agree to accept the decision of the arbitrator as final and binding. They do not waive their appeal rights, but these appeal rights are very limited. The Supreme Court has stressed that any decision based on an interpretation of the contract should be final and not questioned by the courts. 21

22 Which of the following statements about alternative dispute resolution (ADR) is true? A. It does not preclude litigation. B. It requires an external third party. C. It is used only in union environments. D. It requires a jury of peers to hear the dispute. The correct answer is A. ADR does not prevent disputes from winding up in court or in formal arbitration, but it can result in fewer cases going to trial. It is generally used in union free organizations. While some ADR systems do include peer review, is not a requirement. Similarly, some systems may bring in neutral third parties from outside the company, but that is also not an ADR requirement. 22

23 When paid union organizers infiltrate a company and begin organizing efforts, this process know as A. Leafleting B. Organizational picketing C. Salting D. Campaigning The correct answer is C. Salting occurs when unions hire and pay people to apply for jobs at companies targeted for unionization. When the employees are hired, they begin organizing efforts. If the employer fails to hire a salt or takes any adverse employment action, the salt files an unfair labor practice charge against the company. 23

24 Which of the following statements about recognitional picketing is true? A. It is limited to 30 days, at which time the union must petition for an election. B. It is illegal if an election has been held within the past 24 months. C. It is legal if a certified union exists but the majority of workers are dissatisfied with the union. D. There are no restrictions on recognition picketing as long as no laws are broken. The correct answer is A. Recognitional picketing is used to gain recognition of the union as the employees bargaining representative. It is limited by law to 30 days, at which the time the union must petition for an election or cease picketing. 24

25 A company has 1000 eligible employees in a prospective bargaining unit. How many of these employees must sign an authorization card before the NLRB will order an election? A. 200 B. 300 C. 500 D. 501 The correct answer is B. At least 30% of the eligible employees must sign authorization cards. 25

26 Union recognition is MOST commonly a result of A. An NLRB ordered election. B. An NLRB order resulting from an employer ULP. C. Voluntary recognition by the employer. D. A management count of the authorization cards. The correct answer is A. While all of the other options may lead to union recognition, recognition most commonly comes as a result of a secret ballot in an NLRB conducted election. 26

27 Who determines whether a proposed bargaining unit is appropriate? A. Mediator B. NLRB C. Union Leasers D. Employers The correct answer is B. The NLRB determines whether a proposed unit is appropriate in a given situation and whether the employees have a sufficient common interest so as not to create substantial conflicts in bargaining or representation. 27

28 An agreement between an employer and the union to waive the preelection hearing is called a A. Consent election. B. Directed election. C. Voter eligibility election. D. Waiver election. The correct answer is A. A consent election is an agreement between an employer and the union to waive the preelection hearing. The elections that result from formal, as opposed to consent, procedures are called directed elections. 28

29 Which of the following activities are both parties permitted to do during an election campaign? A. Campaign in the polling place during election hours. B. Present speeches during working hours but before the polls open. C. Distribute literature in the polling area while voting occurs. D. Solicit individual votes outside the polling area while voting occurs. The correct answer is D. Campaigning by either party in or around the polling place during election hours is prohibited. However, literature may be distributed and oral solicitation may occur outside the prescribed area until voting is over. Employers have a captive audience in their employees and can present speeches during working hours, but they cannot do so within 24 hours of the election. 29

30 Union decertification provides a mechanism for A. Employers to bring unfair labor practice charges against unions. B. Employees to terminate a union that negotiates an ineffective contract. C. Unions to give up their right to represent a bargaining unit. D. Employees to remove a union s authority to enforce union security clauses. The correct answer is B. Decertification gives union members the right to terminate a union that it believes is not representing its best interests. At least 30% of bargaining unit members must sign the petition for decertification. Deauthorization is often confused with decertification; deauthorization involves filing a petition to withdraw the union s authority to maintain security provisions such as a union shop clause. 30

31 It is within the employer s rights to do which of the following? A. Take pictures of employees going to and from union meetings. B. Question employees about union membership or activities. C. Provide preferential treatment to one of several unions trying to organize employees. D. Point out a union s strike history and the economic consequences of strikes. The correct answer is D. The employer may provide facts about past strikes and may discuss the general economic repercussions of strikes, provided the employer does not threaten a loss of jobs or wages. A is incorrect because an employer cannot engage in surveillance or intimidate employees who support a union. B is incorrect because it is unlawful for employers to question any employees about union activities. C is incorrect because the employer may not provide preferential treatment to a particular union. Since the employer is theoretically sitting on both sides of the table by supporting a union, the employer may be denying employees valid representation. A, B, and C all constitute employer unfair labor practices (ULPs). 31

32 It is within the union s right to do which of the following? A. Institute a secondary boycott against a neutral employer. B. Require employers to hire only union members. C. Dismiss grievances it does not think should be taken to arbitration. D. Require the employment of more workers than is necessary. The correct answer is C. The union may decide that a grievance should not be taken to arbitration. If the employer and the union agree, the grievance may be dropped. A is incorrect because the Labor Management Relations Act made secondary boycotts (directed at a primary party by an action against a third party) illegal. B is incorrect because unions may not require union membership as a condition of employment; the closed shop was outlawed by the Taft Hartley Act. D is incorrect because featherbedding (requiring more workers than is necessary) is not within the rights of the union. 32

33 Which of the following is a mandatory subject for collective bargaining? A. Retiree benefits B. Closed Shop C. Discriminatory hiring D. Overtime The correct answer is D. Negotiations of rate of pay is required by law and the NLRB. Retiree benefits may be negotiated, but such negotiation is not required by law. Closed shop and discriminatory hiring are illegal and cannot be negotiated. 33

34 A form of collective bargaining in which unions negotiate provisions similar to those that exist within the industry is referred to as A. Coalition bargaining. B. Multiple employer bargaining C. Pattern bargaining. D. Coordinated bargaining. The correct answer is C. Pattern, or parallel, bargaining takes place when unions negotiate provisions covering wages and other benefits similar to those that already exist within the industry. This is common in the auto industry. 34

35 Which of the following statements is true when a unionized company s operation is purchased by a new employer? A. The new employer can refuse to bargain with the present union. B. The bargaining unit remains the same unless the union loses it majority status. C. The new employer must bargain with the union unless new supervisors are hired. D. The union members must sign authorization cards and go through the election process again. The correct answer is B. When a new employer takes over an existing unionized company, the bargaining unit remains the same. The new employer cannot unilaterally change conditions and must bargain in good faith if it leaves the operation intact with the predecessor s employees. The union also has this obligation. 35

36 Which of the following requires workers who do not join a union to pay the equivalent of union dues? A. Closed Shop B. Dues check off C. Agency shop D. No Lockout The correct answer is C. An agency shop clause states that even if workers do not join a union, they must still pay the equivalent of dues to the union. An agency shop clause may be prohibited by state law in right to work states. A closed shop clause states that union membership is a condition of hiring; such a clause is illegal. Dues check off refers only to the mechanism by which dues can be collected. Under dues check off, the employee gives written authorization for the employer to deduct dues and initiation fees and remit them directly to the union. No lockout is an agreement in which the company agrees not to lock out workers during a labor dispute for the life of the contract. 36

37 Which of the following is usually considered a lawful practice? A. Featherbedding B. Slowdowns C. Wild strikes D. Sympathy strikes The correct answer is D. Sympathy strikes are not prohibited by the Labor Management Relations Act. A worker may refuse to cross a picket line at another employer s place of business when there is a strike approved by a majority union. In some cases, a union contract may have clauses that prohibit such a strike, but federal law does not prohibit such action. Featherbedding (requiring more workers than is necessary), slowdowns, (partial or intermittent strikes), and wildcat strikes (strikes in violation of a valid no strike provision) are not lawful activities. 37

38 A neutral employer who performs work that strikers would normally perform is an example of the A. Ally Doctrine. B. Alter Ego Doctrine. C. Single Employer Doctrine. D. Joint Employer Doctrine. The correct answer is A. If a neutral employer performs work that striking workers would normally perform, the impact of the strike is moderated. The struck employer effectively uses the employees of its ally as a strike breaker. In this case, a union may extend its picketing to neutral employer. 38

39 Common Situs Picketing occurs when A. Commonly owned companies performing similar work have separate operations, one union and one nonunion. B. A neutral employer is engaged in operations that are a phase of the struck employer s work. C. A secondary employer who occupies common premises with the primary employer is affected by picketing. D. Unions distribute handbills urging customers to refuse to purchase products from the struck employer. The correct answer is C. It describes common situs picketing, which is lawful if the picket signs clearly state the employer with whom the employees have a dispute. A is commonly referred to as double breasting, B refers to the ally doctrine, and D describes consumer picketing. 39

40 Strikes that occur without the approval of union leadership are called A. Jurisdictional strikes. B. Wildcat Strikes. C. Sympathy Strikes. D. Economic Strikes. The correct answer is B. Wildcat strikes are work stoppages that are neither sanctioned nor stimulated by the union, although union officials may be aware of them. These strikes may also take the form of excessive absences, especially when there are no strike clauses in contracts. Jurisdictional strikes are the result of disagreements between union; they occur when one union s members walk out to force an employer to assign work to them instead of to another union. Sympathy strikes occur when one union expresses its support for another union s strike, even though it has no dispute with the employer. Economic strikes are strikes that occur when collective bargaining fails to reach an agreement. 40

41 Which of the following statements describes public sector labor relations? A. Compulsory arbitration is common. B. Bargaining covers a wide range of mandatory issues. C. The Taft Hartley Act gives public sector employees limited strike rights. D. Negotiators have full authority to agree to settlements. The correct answer is A. Compulsory arbitration, in which the law requires that both parties submit to arbitration, is common in the public sector. Negotiators are often restricted in their ability to make concessions, and, most often, strikes are prohibited. 41

42 EMPLOYEE AND LABOR RELATIONS SCENARIO ACTIVITIES ANSWER KEY Noncompete Agreement An employer manufactures products for accenting boat interiors and has developed unique and confidential manufacturing processes. The employer has been advised to draw up noncompete agreements for key employees. In drafting such a restrictive covenant, what should the employer do to ensure that the agreements will be likely to be upheld by the courts? Answer: Besides having the agreement drafted by an attorney and making sure it follows state law, the employer should do the following: Be sure there is sufficient compensation given to the employee for signing the agreement. If the agreement is part of the hiring process, giving the employee the job is sufficient consideration for agreeing to refrain from competing later. If the agreement is signed later on, the promise of a raise or a promotion is probably sufficient. Even the promise of continued employment may be enough consideration if you are prepared to show that you have fired the employee for failing to sign the agreement. Have it drawn as narrowly as possible. Balance the employer s need to earn a living with business s need to be free from unfair competition. Make time and geography restrictions reasonable. If these restrictions are too long or too broad, the agreement will not be enforceable. Define the company s legitimate interests. Be specific in terms of equipment, information, technology, strategy, sales prospects, and other pertinent propriety information. Even though the employer specifies the information, it will be up the courts to determine it is confidential. 42

43 Work/Life Balance A company stresses the importance of work/life balance. However, senior management is expected to work upwards of 60 hours per week on a regular basis. This is an example of A. Strategic planning. B. High context. C. Societal norms. D. Cultural inconsistency. Answer: D Cultural inconsistency occurs when a company says one thing and does another. What is said to be valued is not shown to valued. What examples have you seen in your career? Answer (possible examples): Hourly workers were disciplined for being late but the secretaries were allowed to stroll in whenever they pleased. The operation guidelines and principles developed for a project team included collaboration, honesty, accountability, but individuals whose opinion differed from those of the team leader were not considered team players. Mangers said that their employees were highly valued assets. However managers did not use employees names, were disrespectful of employees time by giving them work at the very end of the day, and answered their phones when meeting with employees. What is the result of such actions? Answer: Such actions may result in: Increased turnover because workers start to distrust management. Decreased performance because employees feel less inclined to deliver their best efforts. Justification of actions such as stealing from the company or cutting corners. Stockholder decline because management is not perceived to be following its own message. 43

44 Labor Quick Review A. What authority does the president have according the Taft Hartley Act? Answer: The act enables the president, after determining that a strike or lockout endangers the national economic health and security, to mandate an 80 day cooling off period, forcing workers back on the job during the cooling off period. 44

45 B. An airline union institutes a new luggage handling system. While the system reduced the amount of manual labor, the union still requires the same number of baggage handlers per shift. What is this an example of? Answer: Featherbedding 45

46 C. A union has signatures on 35% of the authorization cards, but the employer won t acknowledge the union. What is the next step? Answer: The union would go the NLRB to request an election. 46

47 D. What is a protected concerted activity? Answer: The rights, protected by the National Labor Relations Act, of two or more employees to act in concert to affect their wages, hours of work or working conditions and to form, join, or assist labor organizations. 47

48 E. Electricians at a job site are on strike. However, members of the other trade unions are neutral. What is the responsibility of the general contractor? Answer: To set up one gate for nonstrikers that may not be picketed and a second gate for electricians that may be picketed. This is known as common situs picketing. 48

49 F. What is management prerogatives clause? Answer: Rights believed by management to be exclusively theirs and not subject to bargaining in a collective bargaining contract: also called management rights. Management prerogatives are usually a section of the contract. 49

50 Protection of U.S. Law Read each of the following situations and determine if the employee is protected by U.S. antidiscrimination law. A. A Japanese citizen is sent to work for a U.S. company in London. B. A U.S. pilot is reassigned because he has to be Muslim or convert to Islam to fly over the holy city of Mecca. C. An American employee working for a German company is forced to retire at age 62 according to the company s collective bargaining agreement. D. A pregnant employee is working for a U.S. multination corporation in India. Answers: Congress passed legislation to make it clear that Americans working abroad for U.S. owned or controlled companies were to enjoy the protection of the Civil Rights Act. However, there are some exceptions. 50

51 A. A Japanese citizen is sent to work for a U.S. company in London. No. A Japanese citizen who is sent to work for a U.S. company in London probably will not be covered by U.S. antidiscrimination statues even if he was originally hired in the U.S. and makes regular trips to the U.S. for work. B. A U.S. pilot is reassigned because he has to be Muslim or convert to Islam to fly over the holy city of Mecca. No. The requirement to be Muslim or convert to Islam is a Saudi Law. American employers cannot violate the law of the country in which their employees are working. 51

52 C. An American employee working for a German company is forced to retire at age 62 according to the company s collective bargaining agreement. No. In this case the collective bargaining agreement has the force of law. D. A pregnant employee is working for a U.S. multination corporation in India. Yes. This employee works for a whollyowned U.S. company and is entitled protection under Title VII. 52

53 When a U.S. employer sends a U.S. citizen to work for the U.S. employer at a location in another country, that employer must be conscious of U.S. antidiscrimination and anti harassment laws. Conversely, these statutes do not apply to a foreign national who works exclusively in a foreign country. Thus, employers may need to apply different policies and standards to employees at the same location depending on their citizenship. Collective Bargaining Label the following bargaining topics as mandatory (M), permissive (P), or illegal (I). A. Overtime B. Neutrality agreements C. Discharges D. Closed Shops E. Layoff and recall F. Transfer G. Retiree Benefits H. Holidays 53

54 Answers: A. Overtime M B. Neutrality agreements P C. Discharges M D. Closed Shops I E. Layoff and recall M F. Transfer M G. Retiree Benefits P H. Holidays M Employee and Labor Relations 54