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Chapter 23
Immigration and Labor Law
N.B.: TYPE indicates that a question is new, modified, or unchanged, as follows.
N A question new to this edition of the Test Bank.
+ A question modified from the previous edition of the Test Bank.
= A question included in the previous edition of the Test Bank.
TRUE/FALSE QUESTIONS
1. If an employee presents false documentation of eligibility to work in the United
States, his or her employer is subject to deportation.
2. The government does not need a subpoena or a warrant to inspect an
employer’s file of I-9 forms.
3. To gain authorization for hiring a foreign worker, an employer must show that
no U.S. worker is qualified, willing, and able to take the job.
4. An employer may not hire an illegal immigrant under any circumstances.
5. To recruit employees from other countries, an employer must first obtain the
approval of the U.S. Department of Labor.
6. An employer must verify documents establishing a prospective worker’s
identity.
7. An individual hired as a “contractor” is not subject to the employment eligibility
verification requirements.
8. Businesses can hire foreign workers with special qualifications when there are
not enough qualified workers available in the United States.
9. A company seeking to hire a noncitizen worker may do so if the worker is “self-
authorized.”
10. It is not an unfair labor practice for an employer to contribute financial or other
support to a labor organization.
11. For a union election to be held, at least 30 percent of the workers to be
represented must support a union or an election on unionization.
CHAPTER 23: IMMIGRATION AND LABOR LAW 3
12. An employer may never limit the campaign activities of union supporters.
13. An employer can refuse to bargain collectively with an elected employee
representative.
14. During collective bargaining, the employer and the union are obligated to reach
an agreement.
15. Employers and unions have a duty to bargain in good faith.
16. Labor law regulates the circumstances and conduct of strikes.
17. Persons who are not employees do not have a right to picket an employer
during a strike.
18. An employer may not hire substitute workers to replace strikers.
19. A union may threaten an employee with the loss of a job for failure to join the
union.
20. When workers must be laid off, an employer must consider union participation
in deciding whom to fire.
MULTIPLE CHOICE QUESTIONS
1. Ripe Orchards, Inc., employs hundreds of seasonal and permanent workers,
both skilled and unskilled, in three states. Under federal immigration law, Ripe
Orchards can hire illegal immigrants
a. if either the employer or the immigrants file special forms.
b. only if the employer files a special form.
c. only if the immigrants file special forms.
d. under no circumstances.
2. Hu, Ivan, and Juana apply to work for King Poultry Company. These
individuals’ identities and eligibility to work must be verified by
a. King Poultry.
b. Hu, Ivan, and Juana.
c. Hu, Ivan, and Juana’s countries of origin.
d. U.S. Citizenship and Immigration Services.
3. Restocking Warehouse Corporation keeps a file of I-9 verifications forms. To
inspect this file, the appropriate government officer must obtain
a. a subpoena and a warrant.
b. a subpoena or a warrant.
c. a special executive order.
d. none of the choices.
4. Cloud Computing & Processing Corporation wants to hire Dhani, a noncitizen
of “extraordinary ability.” To hire Dhani, Cloud Computing must petition
a. U.S. Citizenship and Immigration Services.
b. the Social Security Administration.
c. U.S. Immigration and Customs Enforcement.
d. the National Labor Relations Board.
5. Southwestern Foods Corporation operates a packaging plant near the border
between the United States and Mexico. Due to the location, it would be easy
for Southwestern to employ noncitizens. With respect to persons not authorized
to work in the United States, an employer can
a. hire them.
b. recruit them.
c. refer them for a fee.
d. not hire them, recruit them, or refer them for a fee.
6. Shale Oil Mining Corporation is a U.S. employer. Shale Oil and other U.S.
employers must perform I-9 verifications for
a. a random selection of new hires.
b. every other new hire.
c. new hires with certain racial or ethnic characteristics.
d. each new hire.
7. General Assembly Corporation, a U.S. employer, may hire Hilo, a noncitizen, if
Hilo is
a. a lawful permanent resident of the United States.
b. an unlawful but hopefully permanent resident in the United States.
c. an unlawful but only temporary resident in the United States.
d. any of the choices.
8. Food Packagers Union represents the workers of Garden Variety, Inc. The
company does not require its new hires to join the union as a prerequisite to
obtaining employment. Food Packagers would like Garden Variety to require
the workers to join after a specified amount of time on the job. This would
violate
a. federal labor law.
b. federal immigration law.
c. federal wage and hour laws.
d. no federal law.
9. Doctors Hospital Corporation employs seven thousand workers in seven
locations. These employees have the right to
a. demand that Doctors Hospital Corporation be a closed shop.
b. make “hot-cargo” agreements.
c. organize.
d. refuse to bargain with Doctors Hospital Corporation.
10. During a dispute with Musicale Productions Inc., National Stagehands Union
asks the National Labor Relations Board (NLRB) for a ruling. The NLRB rules
against Musicale. The employer may appeal the decision to
a. the appropriate state court.
b. the appropriate U.S. court of appeals.
c. the president of the United States, who has eighty days to make a
decision.
d. the U.S. Department of Labor.
11. Hiway Trucking Company believes that International Truckers Union (ITU) has
violated a federal labor law. The appropriate step is for Hiway to
a. file an unfair labor practice complaint with the National Labor Relations
Board.
b. file a suit in the appropriate federal court.
c. lock out the ITU employees.
d. petition the president of the United States, who has eighty days to make
a decision.
12. Employees at Resource Industries, Inc., want to form into a single union. To
constitute an appropriate bargaining unit, a group of workers must have
a. a mutuality of interest.
b. at least one member of management willing to join the union.
c. dissimilar levels of skills and qualifications.
d. geographical disparity.
13. During a union election campaign, Auto Body Paint & Repair, Inc., prohibits on-
site solicitations by any party, including Mechanics Union, which is seeking the
workers’ unionization. This violates
a. federal labor law.
b. federal elections law.
c. federal employment discrimination law.
d. no federal law.
14. Musicians & Performers Union represents the employees of Piquant
Legerdemain, Inc. During negotiations over conditions of employment, each
side rejects the other’s proposal without offering a counterproposal. This
indicates
a. bad faith.
b. good faith.
c. each party’s attempt to obtain concessions on other subjects.
d. reasonable efforts to come to an agreement.
15. Detroit Automotive Company (DAC) agrees with its employees’ union not to
buy any nonunion-produced component parts from other firms for use in DAC
products. This is
a. a hot-cargo agreement.
b. a secondary boycott.
c. a closed shop.
d. a lockout.
16. After extensive collective bargaining, Rubber Workers Union and Super-Valu
Tire Company cannot agree on terms. The union may
a. call a strike.
b. file an unfair labor practice complaint with the National Labor Relations
Board.
c. file a suit in the appropriate federal court.
d. petition the president of the United States, who has eighty days to make
a decision.
17. After extensive collective bargaining, Union of Warehouse Workers (UWW) and
Volatile Products Company cannot agree on terms. The employer may
a. file an unfair labor practice complaint with the National Labor Relations
Board.
b. file a suit in the appropriate federal court.
c. lock out the UWW employees.
d. petition the president of the United States, who has eighty days to make
a decision.
18. Technicians Union represents the workers of Unix Toys. A strike by the union
will be legal if the strikers
a. form a picket line.
b. form a massed barrier and deny management and nonunion workers
access to Unix Toys’s plant.
c. stay in Unix Toys’s plant without working.
d. all of the choices.
19. The employees of Slaughterhouse Corporation designate Meatpackers Union
as their bargaining representative. Slaughterhouse refuses to bargain with the
union. This violates
a. federal labor law.
b. federal elections law.
c. federal employment discrimination law.
d. no federal law.
20. Clerical Workers Union represents the employees of Miracle Medical Research
Company. The management of the firm refuses to bargain with the union over
the hiring of unnecessary workers. This violates
a. federal labor law.
b. state right-to-work laws.
c. federal employment discrimination law.
d. no federal or state law.
CHAPTER 23: IMMIGRATION AND LABOR LAW 11
ESSAY QUESTIONS
1. Healthy Harvest Company runs a candy and fruit processing and packaging
plant. Most of Healthy Harvest’s business is done during holiday seasons,
especially between Halloween and New Year’s Day, and in the spring. The
company hires a large temporary workforce during its busiest times. Can
Healthy Harvest hire noncitizens for its temporary, seasonal work? If so, what
procedures must the employer follow to do this hiring? If not, how can Healthy
Harvest be assured that it is hiring only citizens?
2. Some of the employees of Righteous Apps, Inc., decide that they want to be
represented by the Science Workers Union in bargaining with Righteous Apps
over overtime pay and the times that the offices open and close. Righteous
Apps, and some employees, including Truman, are against the union. Who can
demand that a union election be held? If the union is elected, does it have to
represent Truman? If the union is elected, does Righteous Apps have to
bargain over overtime pay and the times that the offices open and close?
