1. A horizontal restraint on trade occurs:

1. Between units within a marketing chain
2. Between the government and a regulated industry
3. Between competitors in the market
4. Between companies within a conglomerate

1. A vertical restraint on trade occurs:

1. Between units within a marketing chain
2. Between the government and a regulated industry
3. Between competitors in the market
4. Between companies within a conglomerate

1. A per se antitrust violation:

1. Can be justified under a rule of reason analysis
2. Is judged to be illegal under all or practically all circumstances
3. Normally occurs within a marketing chain
4. Is subject to proof of intent

1. Horizontal price fixing:

1. Is a per se violation of antitrust law
2. Will be judged under a rule of reason analysis
3. Is legal so long as the public is benefitted
4. Can lead to the recognition of an antitrust exemption

1. Horizontal division of markets:

1. Is a per se violation of antitrust law
2. Will be judged under a rule of reason analysis
3. Is legal so long as the public is benefitted
4. Can lead to the recognition of an antitrust exemption

1. Horizontal price fixing:

1. Can be proven by circumstantial evidence such as conscious parallelism
2. Always requires direct proof
3. Will require expert proof in all circumstances
4. Will be shown through a judgment by the jury that the conduct was anticompetitive under the Rule of Reason

1. In proving conscious parallelism, which of the following is an element of proof?

1. Substantial unanimity
2. Intention to deceive
3. Scienter
4. Cause and effect

1. A “tie in”:

1. Cannot be justified by any legitimate purpose
2. Is subject to a per se analysis
3. May not be justified by showing  “sophistication” of the tied-to product

9. A court may award:

1. Compensatory damages in the case of an antitrust violation
2. Punitive damages in the case of an antitrust violation in the form of treble damages
3. May require a party to cease and desist from certain conduct
4. All of the above

10. The Sherman Act (1896):

1. Outlaws certain “contracts, combinations, and conspiracies in restraint of trade”
2. In all circumstances, requires the application of a per se analysis
3. In all circumstances, requires the application of a rule of reason analysis
4. Was repealed with the Clayton Act

1. The Sherman Act was designed to:

1. Assist “big business” to further concentrate its power
2. Assist workers to form unions
3. Check the monopolistic powers of major American corporations
4. Provide the background for writing “The Jungle”

1. The Clayton Act (1914):

1. Deals with certain types of monopolies
2. Deals with certain types of mergers
3. Deals with the per se rule
4. Deals with the rule of reason

1. The FTC Act (1914):

1. Deals with the Federal Communication Commission’s actions against hate speech
2. Deals with “Unfair methods of competition”
3. Outlaws the interstate advertising by political candidates
4. Requires monopolies to seek permission to operate from the Department of Justice

1. The “Business Judgment Rule”:

1. Cannot be used as a defense to a charge of an illegal boycott
2. Is used as a defense to a charge of collusion
3. Cannot be used in a defense of an otherwise illegal merger
4. Is regularly seen as a defense to an illegal consignment sale

1. In a consignment sale:

1. The seller of goods retains title
2. The seller retains risk of loss
3. The seller can “fix” or set the price of any consigned goods
4. All of the above

1. Actions in support of unions included:
   0. The Magna Carta
   1. The actions of President Hoover in support of unions
   2. Laws drafted by Senator Taft of Ohio
   3. The Wagner Act

1. Under a “yellow dog” contract, a worker could be fired:

1. For joining or supporting a union
2. For “bad mouthing” his/her company
3. For attending a union organizing meeting
4. Potentially all of the above

18.  The Norris-LaGuardia Act outlawed the use of a(n) __________ in a broad category of labor disputes:

1. Union contract
2. Arbitration procedure
3. Injunction
4. Negative mandamus

19.  Labor’s “Magna Carta” was:

1. The Norris-LaGuardia Act
2. The Wagner Act
3. The Anti-lynching Act
4. All of the above

20.  An Act passed by Congress in 1948 to “rein in” organized labor was the:

1. The Norris-LaGuardia Act
2. The Wagner Act
3. The Anti-lynching Act
4. The Taft-Hartley Act

21.  The two major functions of the NLRB are:

1. Conduct unionization elections and hear grievances
2. Conduct unionization elections and represent workers in court
3. Conduct unionization elections and hear charges of Unfair Labor Practices (ULPs)
4. Represent workers during collective bargaining

22.  The principle under which the “interests of workers” is paramount in selecting a bargaining unit is called the __________ principle.

1. “Fair bargaining”
2. Globe
3. Garmon
4. Cease and desist

23.  In order for an election to take place in a unit, the pro-union forces must be successful in inducing __________ percent of the workers in that unit to sign __________.

1. A majority/authorization cards
2. A majority/representation cards
3. 30 percent/authorization cards
4. 25 percent/authorization cards

24.  In the case of a “free and fair election,” not tainted by force or fraud, a certification election will be precluded again for a period of __________ year under a “bar rule.”

1. One
2. Two
3. Three
4. One-half

25.  A charge that either labor or management has acted improperly towards their counterpart may be resolved by the filing of an __________ with the NLRB. 

1. Order of grievance
2. Request for mediation
3. Law suit
4. Unfair labor practice

26.  Who can file an unfair practice charge?

1. Management only
2. Labor only
3. A concerned third party
4. Both labor and management

27. If a worker objects to a specific application of the contract (for example, a fine, or suspension) the player may file a(n) __________.

1. Arbitration petition
2. Request for intervention by the Company President
3. Request for intervention by the Union
4. Grievance

28.  Under the Garmon Rule, anything that is “___________” an unfair labor practice is under the “exclusive jurisdiction” of the __________ and may not be brought to court.

1. Proven to be/ NLRB
2. Arguably/federal courts
3. Arguably/NLRB
4. Assumed to be/NLRB

29.  The mandatory areas of collective bargaining are:

1. Wages, parental benefits, working conditions
2. Wages, hours, working conditions
3. Only wages
4. Dispute resolution

30.  When both sides agree that no further negotiations on “mandatory areas” of bargaining would serve any useful purpose, they may declare a(n) __________.

1. “Time out”
2. Law suit
3. Impasse
4. 24 hour recess according to the relevant statute

31.  At that point, and after mediation has occurred, the players may call a __________  and management may affect a __________. 

1. Lockout/strike
2. Strike/lockout
3. “Time out”/recess
4. Meeting of their executive board/meeting of the Board of Directors

32.  Under the Taft-Hartley Act, a president (through the Secretary of Labor) may order workers back to work if a strike imperils “__________.”

1. Employment
2. “National health and safety”
3. A president’s re-election
4. International trade balance

33.  In its most basic terms, the Wagner Act established the right of workers to join or form a union and requires that parties meet in good faith in a process called ___________.

1. Grievance mediation
2. Collective bargaining
3. Arbitration
4. Impasse resolution

34.  If an organization is a “__________shop,” you must be a union member to even apply for a job.

1. Closed shop
2. Union shop
3. Open Shop
4. Taft-Hartley Shop

35.  If an organization is a “__________shop,” union membership cannot be required before or after getting a job.

1. Closed shop
2. Union shop
3. Open Shop
4. Taft-Hartley Shop

36.  What type of union organization is illegal today?

1. Closed shop
2. Union shop
3. Open Shop
4. Taft-Hartley Shop

37.  What does the term “de novo” hearing mean?

1. Conducting a hearing on the basis of the record
2. Conducting a fact finding procedure by relying on the written record
3. Conducting a hearing “from the start” without reference to any prior record
4. Conducting an interview with witnesses

38.  A party may file a charge of an ULP before:

1. The court in their jurisdiction
2. The national Labor Relations Board in DC
3. The regional NLRB office
4. The state labor board

39.  An individual who adjudicates an ULP charge within the regional office of the NLRB is called:

1. A circuit judge
2. An arbitrator
3. An NLRB mediator
4. An administrative law judge

40.  If a party has been found to have committed an ULF, it may:

1. Appeal that decision to an arbitrator
2. Seek a determination by a regional office of the NLRB
3. See review by an appropriate Court of Appeals
4. Seek a hearing before a state labor board

41.  What are the five areas of employment discrimination covered by the Civil Rights Act of 1964?

1. Race, creed, color, labor, filing a court case
2. Race, creed. color, national origin, sex
3. Time, place, decision making, adjudication, decision, appeal

d.   Race, color, faith, belief, religion

42.  The Equal Pay Act requires:

1. Exact equal pay for exact equal work
2. A remuneration for unequal treatment in the form, of extra vacation time
3. “Substantially equal pay for substantially equal work”
4. Strict adherence to the Statute of Limitations for filing a claim

43.  The Lilly Ledbetter Fair Pay Act:

1. Dealt with the Statute of Limitations issue in filing equal pay claims
2. The amount of the award
3. The jurisdiction of the Appellate Court relating to filing a claim
4. The powers of the chair of the EEOC

44.  The test used by Courts or the EEOC in adjudicating cases under the Equal Pay Act is:

1. The Garmon Rule
2. The EPA act Standard
3. The EEOC Act
4. The Kress Test

45.  Under this test, the EEOC will evaluate:

1. Skills, efforts, responsibility and working conditions
2. The employer’s attitude towards their workers
3. The employee’s marital status
4. All of the above

46.  A BFOQ is:

1. A legitimate exception to a charge of employment discrimination in some cases
2. A rule created by the EEOC under which it will charge employment discrimination
3. A defense raised by the EEOC for not agreeing to take a case
4. A “right to sue” letter

47.  What is the main obligation of an employer under the Americans with Disabilities Act?

1. Provide a reasonable accommodation for a disabled employee
2. Provide an employee with full medical benefits
3. Provide an employee with Obamacare options
4. Provide any and all accommodations requested by an employee

48.  The ADEA begins its protections at age __________ and is still enforced up to age __________.

1. 50 to 75
2. 45 to 70
3. 40 to “there is no upper limit on age”
4. 40 to 65

49.  The two types of sexual harassment are:

1. “Quid pro quo” sexual harassment and employment harassment
2. Hostile work environment and “quid pro quo” sexual harassment
3. Discrimination based stereotypes and “active” discrimination
4. Limited to actions committed by members of the opposite sex

50.  An organization can be held liable for sexual harassment by:

1. Acts of a supervisor
2. Acts of a fellow employee
3. Acts of customers
4. Potentially all of the above

            ESSAYS:

1. What is the NLRB’s position regarding “managerial employees” under the Taft-Hartley Act?  How do you know if a particular employee fits into this category?

2. Does the Civil Right Act of 1964 cover discrimination based on sexual orientation?

3. If the owners of the WNBA and the NBA (two separate sports leagues) decided that they would create a uniform pricing program for all regular season games, what rule should the Court apply to analyze this situation?  Why?  Suppose that the uniform pricing had been adopted by a single league like the NFL or NBA.  Would that change the situation?

4. Ernie Mejer, the owner of the South Bend Office Depot and the owners of four other similar businesses refuse to negotiate with four potential employees who had once attempted to form a union in the Midwest.  The four women file suit against Ernie and the other owners claiming a “group boycott” by the owners.  Analyze the possible defense that may be raised by Ernie and the other business owners.

5. Construct a FACT PATTERN (EXAMPLE) of a legally permissible tie-in. State the reason(s) for your conclusion.

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