Chapter 23a An employer may hire an illegal immigrant if the employer files aspecial 

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subject Words 2175
subject Authors Frank B. Cross, Roger LeRoy Miller

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1. An employer may hire an illegal immigrant if the employer files a
special form.
1. Good faith is the only defense to a charge that an employer fails to
possess certain paperwork with respect to its employees.
1. An employer’s knowledge that a person is unauthorized to work in the
United States is a basis for liability even if the person is an
independent contractor.
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1. An employer must verify a prospective worker’s eligibility for employ-
ment in the United States and abroad.
1. An employer who violates the law by hiring an unauthorized alien is
subject only to the penalty of a forced discharge of the employee.
1. Criminal penalties apply to employers who engage in a “pattern or
practice” of immigration law violations.
1. Employers and unions have a duty to bargain in good faith.
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1. A closed shop is a workplace that rejects union membership as a
condition of employment.
1. The law guarantees union members higher wages than nonunion
workers.
1. A union obtains authorization cards from a majority of workers to justify
an election among the workers for unionization.
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1. Contracts limiting employees’ rights to join unions are lawful.
1. Requiring union membership as a condition of continued employment
is illegal in many states.
1. A supervisor may be included in a worker union.
1. During a union election campaign, any statement by a union supporter
to an employee regarding working conditions is considered a threat.
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1. During a union election campaign, employers can undertake certain
types of surveillance to identify union supporters.
1. An employer’s refusal to bargain over certain subjects demonstrates a
lack of good faith.
1. Workers have a right to refuse to cross a picket line of fellow workers
who are engaged in a lawful strike.
1. After every strike, strikers have a right to return to their jobs.
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1. An employer can agree with a union not to handle non-union-produced
goods.
1. An employer may hire temporary substitute workers to replace strikers.
1. Nan, Oto, and Pablo immigrated to the United States from Sierra
Leone, Turkey, and Uruguay. The most important laws regulating
immigration are
a. federal statutes.
b. local ordinances.
c. regional regulations.
d. state legislation.
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1. David’s family came to the United States from Ukraine in 1895. Eva’s
family came to this country from Venezuela in 1995. Fiona’s family
came from Mexico in 2005. Current immigration laws are based on
a. a national origin quota system proportional to the 1890 census.
b. a racial quota system proportional to numbers updated
periodically.
c. a system of sanctions against employers who hire illegal
immigrants.
d. the exclusion of convicts and prostitutes.
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1. Southwestern Foods Corporation operates a packaging plant near the
border between the United States and Mexico. Due to the location, it
would be easier for Southwestern to employ noncitizens. It is legal for
a U.S. employer to
a. hire persons not authorized to work in the United States.
b. recruit persons not authorized to work in the United States.
c. refer for a fee persons not authorized to work in the United
States.
d. none of the choices.
1. Hu, Ivan, and Juana apply to work for King Meatpacking Company.
These individuals’ identities and eligibility to work must be verified by
a. the employer.
b. the individuals.
c. the individuals’ countries of origin.
d. the U.S. Citizenship and Immigration Services.
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1. Sol believes that he has suffered as a result of Tom Turkey
Processing, Inc.’s hiring of illegal immigrants. Sol has a direct cause of
action against Tom Turkey under
a. no current law.
b. the Immigration Act of 1990.
c. the Immigration Reform and Control Act of 1986.
d. the National Labor Relations Act of 1935.
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1. Seafood Canning 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, but not both.
c. not a subpoena, a warrant, or the employer’s consent.
d. the employer’s consent.
1. Detailed Designs Company, an architectural firm, wants to hire Eduardo,
a noncitizen. A temporary work visa is most likely to be set aside for a
noncitizen who is
a. a “person of ethnic similarity to the employer’s workforce.”
b. a “person of extraordinary ability.”
c. a “person of ordinary ability and ambition.
d. a “person with an extraordinary work ethic.”
1. Fedro is an employee of Earth & Sea Mining Company. Under federal
law, Fedro and other employees have the right to
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a. bargain collectively with Earth & Sea through their representative.
b. insist that Earth & Sea require union membership to work.
c. require Earth & Sea to contribute financially to their union.
d. refuse to bargain with Earth & Sea through their representative.
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1. Assembly Workers Union believes that Beveled Products Corporation
has violated a federal labor law. The appropriate step is for the union
to
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.
1. Bonny works for ChemCoat Corporation. ChemCoat refuses to pay
Bonny and its other employees for time spent exclusively on union ac-
tivities. This violates
a. the Labor-Management Relations Act.
b. the National Labor Relations Act.
c. the Norris-LaGuardia Act.
d. no federal labor law.
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1. During a union election campaign at Western Hydraulics Company, the
union can campaign on Western’s property in
a. any areas at any time.
b. non-work and work areas during non-work time.
c. non-work areas at any time.
d. non-work areas during non-work time.
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1. During a union election campaign, Autowerks Repair, Inc., prohibits on-
site, work-hour solicitations by any party, including Mechanics Union,
which is seeking the workers’ unionization. This violates
a. federal labor law.
b. federal election law.
c. federal solicitation law.
d. no federal law.
1. During a union election campaign at Skyscraper Construction
Corporation, the employer threatens the employees with a layoff. This is
an unfair labor practice
a. only if Skyscraper delivers on the threat.
b. only if the employees change their views on unionization.
c. under all circumstances.
d. under no circumstances.
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1. During a union election campaign at Builders & Pavers Corporation, the
employer asks the employees to publicly state their personal views on
unionization. This is an unfair labor practice
a. only if it is a condition of continued employment.
b. only if the employees do not want to state their views.
c. under all circumstances.
d. under no circumstances.
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1. Machine Operators Union is engaged in collective bargaining with
Natural Coffee Roasters, Inc. (NCR). The employer must bargain over
a. the decision to relocate a facility if it changes the scope of NCR.
b. the decision to relocate a facility if the labor costs are not a
factor.
c. the hiring of unnecessary excess workers.
d. the price of food in NCR’s employees’ cafeteria.
1. Hotel Employees Union is engaged in collective bargaining with
International Lodging, Inc. The employer would show bad faith by
a. compromising on particular issues.
b. constantly shifting positions on disputed contract terms.
c. not discussing union positions with employees.
d. sending only bargainers who have authority to commit to a
contract.
1. Ted, a worker who is dissatisfied with slow negotiations between his
union, United Factory Workers (UFW), and his employer, Variety
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Manufacturing, Inc., convinces 10 percent of the UFW employees to call
their own strike. This is
a. a hot-cargo agreement.
b. an illegal strike.
c. a secondary boycott.
d. common-situs picketing.
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1. Detroit Auto 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 permissible secondary boycott.
b. a prohibited secondary boycott.
c. a technically legal secondary boycott.
d. a unilateral one-party boycott.
1. Boz, a clerk for a Cheezy Burger, Inc., restaurant goes out on strike
with the other employees. After the strike, Boz must be given his job
back if there is still work at the restaurant and the strike was
a. a lawful economic strike.
b. an “excuse” for a few days off.
c. an unjustified strike.
d. an unlawful “practice” strike.
1. Clerical Workers Union demands that Miracle Medical Research
Company hire unnecessary workers. This most likely violates
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a. federal labor law.
b. state right-to-work laws.
c. federal wage-and-hour laws.
d. no federal or state law.
1. Healthy Harvest Company runs a candy and fruit processing and pack-
aging 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. Occasionally, a position opens for an individual with
highly specialized skills, particularly to operate and maintain the
company’s inventory and sales control systems. Can Healthy Harvest
hire noncitizens for its temporary, seasonal work? Can the company
hire a noncitizen with special skills for certain jobs? If so, what
procedures must the employer follow in both situations to do this
hiring? If not, how can Healthy Harvest be assured that it is hiring only
citizens?
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1. Some of the employees of Relay Computers, Inc., decide that they
want to be represented by the Science Workers Union in bargaining
with Relay over overtime pay and the times that the plant opens and
closes. Relay, and some employees, including Tracy, are against the
union. Who can demand that a union election be held? If the union
loses the election, can it picket Relay? If the union is elected, does it
have to represent Tracy? If the union is elected, does Relay have to
bargain over overtime pay and the times that the plant opens and
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closes? If the union is elected, how soon can a decertification election
be held?
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