LAW 531T Apply Week 5 Assessment (100% Correct)
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LAW 531T Apply Week 5 Assessment (100% Correct)

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1. Use the following information to answer questions 1–3. Darwin is a 60-year-old software engineer for Compuswerve, Inc. Recently, the company went through a reorganization process meant to revamp the business and the work it does. The directors want to rework the company as a fresh, hip business with cutting-edge knowledge from young, creative-minded employees. Obviously, Darwin doesn’t fit into the directors’ vision, so the managers wish to replace him. Sure enough, a few weeks later Compuswerve hires some new employees, and Darwin is offered a severance plan and dismissed. Which of the following, if true, would legally support the company’s decision to fire and replace Darwin? Check all that apply. o if Darwin had another job offer elsewhere o if the company was a private (non-governmental) organization o if there were more highly skilled workers in the organization who could take his place o if the company had fewer than 20 employees o if Darwin planned to retire in less than five years o if Darwin was unable to perform the essential functions of his job o if Darwin needed a reasonable accommodation to perform his job due to a disability 2. Which law prevents employees like Darwin from discrimination in employment? o affirmative action o ADEA o Title VII o ADA 3. Are the company’s actions permissible, considering its mission and vision? o No, because Darwin was treated less favorably than younger employees based solely on his age. o Yes, because age is not a protected class in employment law. o No, because Darwin was not given compensation or allowed adequate time to find another job. o Yes, because the company is private and therefore has the right to hire or fire whomever they want to. 4. Visit the National Labor Relations Board website and explore the tabs on the website to answer questions 4–7. Additionally, please explore recent cases and decisions to learn more about what the NLRB does. Who is the chairman of the NLRB? John F. Ring 5. What does the NLRB do? Select all the main functions of the board. o enforce orders o facilitate settlements o decide cases o draft legislation o investigate charges against employers o conduct elections o file charges against employers Conduct elections: The National Labor Relations Act provides the legal framework for private-sector employees to organize bargaining units in their workplace, or to dissolve their labor unions through a decertification election. Investigate charges: Employees, union representatives, and employers who believe that their rights under the National Labor Relations Act have been violated may file charges alleging unfair labor practices at their nearest NLRB regional office. Facilitate settlements: When a charge is determined to have merit, the NLRB encourages parties to resolve cases by settlement rather than litigation whenever possible. Decide cases: On the adjudicative side of the NLRB are 40 administrative law judges and a board whose five members are appointed by the president and confirmed by the Senate. Enforce orders: The majority of parties voluntarily comply with orders of the board. When they do not, the agency's general counsel must seek enforcement in U.S. Courts of Appeals. Parties to cases also may seek review of unfavorable decisions in the federal courts. 6. What types of database information and reports does the website offer? Select all that apply. o regulatory reports and notices o case activity reports o petitions and elections o inspector general notices o rules and regulations o performance reports 7. Where is the regional NLRB office that serves the state of Arizona? o Phoenix o Denver o Washington, DC o Albuquerque 10 / 10 (100.0%) Answer: Phoenix On the “About NLRB” tab, click on “Regional Offices” to see a map of all the NLRB regional offices.

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