Windows Failover Clustering

Windows Failover Clustering

want a 500 word abstract about Windows failover clustering basics, features and advantages. In line citations and references at the end, no copying please.

A Powerpoint Presentation of the same with atleast 14 slides.

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Create a written strategic communications plan for the professional communication challenge

Create a written strategic communications plan for the professional communication challenge

The ability to effectively communicate is one of the most in demand and sought after skills in today’s workforce. As a business professional, you will be expected to not only communicate in a clear and concise way, but to do so strategically. These communication skills are necessary to manage personnel effectively and to drive your organization toward its strategic goals and outcomes. Effective communication starts with planning. By developing a strategic communications plan you will be more intentional in your messages and the actions you ask of your audience. This plan is the foundation for Assignments 2 and 3.

Instructions

Create a written strategic communications plan for the professional communication challenge or opportunity of your choice. Your plan should include the following components and may be written in a professional report format. See the formatting requirements for additional information.

  1. Description

a. What is your challenge or opportunity?

b. Why is this professionally important to you?

  1. Goal

a. What goals or outcomes do you want to achieve with this communication?

i. Is it clear, concise, and actionable?

  1. Audience

a. Who is your target audience?

i. What are the professional positions of the audience members?

ii. What demographic characteristics will the audience comprise?

iii. What is your relationship to the audience?

iv. What background knowledge and expertise does the audience have?

v. What does the audience know, feel about, and expect concerning this communication?

vi. What preconceptions or biases do you possess that might prevent you from building rapport with your audience?

b. What information is available about your audience?

i. What research/sources will you use to obtain information about the audience?

ii. What conclusions have you been able to draw about the audience?

c. What tone will you use to convey your message?

i. Is the setting casual or formal?

ii. Is the communication personal or impersonal?

  1. Key Message

a. What is the primary message you must convey to your audience?

i. Is the message compelling and memorable?

ii. Is the message clear and concise?

iii. Is the message aligned with your audience’s goals and needs?

  1. Supporting Points

a. What three to four points, reasons, or justifications support your message?

i. What research/sources will you use to obtain facts/data about your message?

  1. Channel Selection

a. What communication style will you employ (Tell/Sell or Consult/Join), and why?

b. What channel(s) will you use to deliver your message, and why will they be the most effective?

c. What purpose is served by each channel you have selected?

  1. Action Request

a. Is your call to action you are making to your audience clear, concise, and easily actionable?

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Business Com paper

Business Com paper

The ability to effectively communicate is one of the most in demand and sought after skills in today’s workforce. As a business professional, you will be expected to not only communicate in a clear and concise way, but to do so strategically. These communication skills are necessary to manage personnel effectively and to drive your organization toward its strategic goals and outcomes. Effective communication starts with planning. By developing a strategic communications plan you will be more intentional in your messages and the actions you ask of your audience. This plan is the foundation for Assignments 2 and 3.

Instructions

Create a written strategic communications plan for the professional communication challenge or opportunity of your choice. Your plan should include the following components and may be written in a professional report format. See the formatting requirements for additional information.

  1. Description

a. What is your challenge or opportunity?

b. Why is this professionally important to you?

  1. Goal

a. What goals or outcomes do you want to achieve with this communication?

i. Is it clear, concise, and actionable?

  1. Audience

a. Who is your target audience?

i. What are the professional positions of the audience members?

ii. What demographic characteristics will the audience comprise?

iii. What is your relationship to the audience?

iv. What background knowledge and expertise does the audience have?

v. What does the audience know, feel about, and expect concerning this communication?

vi. What preconceptions or biases do you possess that might prevent you from building rapport with your audience?

b. What information is available about your audience?

i. What research/sources will you use to obtain information about the audience?

ii. What conclusions have you been able to draw about the audience?

c. What tone will you use to convey your message?

i. Is the setting casual or formal?

ii. Is the communication personal or impersonal?

  1. Key Message

a. What is the primary message you must convey to your audience?

i. Is the message compelling and memorable?

ii. Is the message clear and concise?

iii. Is the message aligned with your audience’s goals and needs?

  1. Supporting Points

a. What three to four points, reasons, or justifications support your message?

i. What research/sources will you use to obtain facts/data about your message?

  1. Channel Selection

a. What communication style will you employ (Tell/Sell or Consult/Join), and why?

b. What channel(s) will you use to deliver your message, and why will they be the most effective?

c. What purpose is served by each channel you have selected?

  1. Action Request

a. Is your call to action you are making to your audience clear, concise, and easily actionable?

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Child Labor And The…

Child Labor And The…

Related subject: Philosophy

Order type: Research Paper

Word limit: No LESS than 3030 words (excluding titles, footnotes, direct quotes and reference list)

Deadline: 12:00 UTC 28th Apr

Reference Style: MLA

Reference Number: 5

English version: US

Requirements: The complete topic and requirements will be provided to the right writer.

NOTE:

Only bid if the budget ($38) is good for you and you are able to deliver within the deadline. Please, let’s not waste each other’s time.

Assignment should be completed absolutely before the exact deadline agreed, or the job will be redeemed as late than deadline and a FULL refund will be asked for immediately.

Free from plagiarism. I use Turnitin to check it. The total plagiarism rate should below 8% of the whole paper.

Thank you.

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National And Cultural Identity

National And Cultural Identity

In what way do contemporary artists consider issues of national and cultural identity? What are their strategies for calling traditional divisions into question through their art? Use at least two art examples to support your post.

Should be 75-150 words in length.

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International Journal of Sociology of the Family

International Journal of Sociology of the Family

International Journals

DETERMINANTS OF DOMESTIC VIOLENCE: A Cross-National Study Author(s): CHRISTINE ARTHUR and ROGER CLARK Source: International Journal of Sociology of the Family, Vol. 35, No. 2 (Autumn 2009), pp. 147-167 Published by: International Journals Stable URL: https://www.jstor.org/stable/23070721 Accessed: 25-04-2019 20:07 UTC

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International Journal of Sociology of the Family, Vol 35, No. 2 (Autumn) 2009

DETERMINANTS OF DOMESTIC VIOLENCE:

A Cross-National Study

CHRISTINE ARTHUR AND ROGER CLARK

Rhode Island College

This paper examines determinants of variation in domestic violence at the national level. Although Levinson (1989) studied domestic violence at the societal level using anthropological data from the Human Relations Area File, most research on domestic violence has been at the individual or household level. This paper examines what determines variation in domestic violence at the national level

using data we gathered from two sources: the United States State Department’s (2005) Country Reports on Human Rights Practices and a (1999) Population Reports from Johns Hopkins University. We then tested six theories designed to explain cross-societal variation in domestic violence: a Resource Theory, an Exchange Theory, a Culture of Violence Theory, a Patriarchal Theory, a Modernization Theory and an Economic Dependency Theory. All six theories were supported to some degree by our analysis. However, we did find reason to believe that economic dependency and modernization may be underlying factors for the other determinants we identified.

Domestic violence can involve a wide array of physical, sexual and emotional abuse. Until recently, in most parts of the world, a husband a legal right to his

wife’s body. Many countries now provide legal protections against domestic violence, but many do not. Domestic abuse is the leading cause of injury to women even in the world’s most “developed” countries, like the United States (Brush 1990), and it has mostly been studied in the United States and other Western nations as an individual- and family-level problem. But there is international variation in the levels of domestic violence (Heise et al., 1999), and understanding this variation is important for a complete understanding of the phenomenon of domestic violence generally.

What we do first in this paper is review some of the literature that looks at the causes of domestic violence at the individual and family level. We then introduce theories that have been developed to explain domestic violence at the societal level, as well as two societal-level theories of our own. In this paper we test these societal-level theories with unique data sets about nation

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148 International Journal of Sociology of the Family

states. We use these data sets to examine various theories of domestic violence

cross-nationally.

INDIVIDUAL-AND FAMILY-LEVEL STUDIES

The literature on domestic violence focuses on individuals and families as

units of analysis. A January, 2008, Google Scholar search, using key words “domestic violence,” yielded 788,000 articles, most of which focused at these levels. (There may have been exceptions to this rule, but there were none on the first twenty, or last twenty, pages of the list).

Systematic reviews of the literature of family violence in The Journal of Marriage and Family by decade also indicate a focus on individuals and the family. Gelles’ (1980) review, in fact, reflected on research of both the sixties and the seventies and stressed that the former tended to see domestic violence

as rare, the result of mental illness and/or poverty, while the latter concentrated

more on measuring the incidence of family violence and factors related to violence in the family. Gelles (1980) also outlined five theories of family violence, one of which, Goode’s (1971) Resource Theory (stressing the use of violence by husbands who want to retain a dominant position when they lack other resources, like education and job prestige), was especially useful for accounting for wife abuse at the family level. Gelles and Conte’s (1990) review of the eighties literature focused more attention on the sexual abuse of children than the earlier review, but also devoted sections to research that had examined

the changing rates of family violence more generally, the effects of violence on children and women and the assessment of intervention strategies, again at the family level.

Johnson and Ferraro’s (2000) review of the nineties literature also focused

on work that dealt with domestic violence at the individual and family levels, though not to the complete exclusion of more macro considerations. Johnson and Ferraro featured a typology of partner violence, distinguishing “intimate terrorism,” violence moved by a wish to exert control over a partner, from “common couple violence” (in which one or both partner lash(es) out at the other), “violent resistance” (in which one partner, usually the woman, fights back against an abusing partner), and “mutual violent control” (in which both husband and wife are controlling and violent). Johnson and Ferraro also suggested that a promising development has been work around violence as a mode of control, not only in heterosexual relationships, but also in same-gender relationships.

Unlike previous decade reviews, however, Johnson and Ferrarro did devote

a small fraction of their review to research that looked at global variation in partner violence, including some attention to work suggesting the considerable

variation in the incidence of partner violence by nation (Heise, 1994) and

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Determinants of Domestic Violence: A Cross-National Study 149

explanations for some of this variation (see, for instance, McWilliams [1998] work on Northern Ireland and, more generally, “societies under stress.”) We will be returning to some of this literature as we develop hypotheses about why this international variation exists.

Research since the last decade review has retained an emphasis on individual-and family-level research, while continuing to bring insights from other societies and hints at what more macro-level studies could look for.

Kacen’s (2006) study of Ethiopian immigrants to Israel suggests, among other things, that patriarchal family structures vary in their intensity from one society

to another and for one sub-society over time. Still, the most serious treatment of cross-cultural variation in domestic violence remains that done by David Levinson (1989).

SOCIETAL LEVEL STUDIES OF DOMESTIC VIOLENCE

Levinson in his (1989) Family Violence in Cross-Cultural Perspective, examined domestic violence, using data from The Human Relations Area File. We use Levinson extensively as a source of theories about domestic violence at a societal level. Levinson presents four theories, a Resource Theory, an Exchange Theory, a Culture of Violence Theory, and a Patriarchal Theory, that we believe are testable in a cross-national context and, in fact, will try to test with cross-national data. We will add two more theories of our own, a

Modernization Theory and a Dependency Theory, and will test these two as well. We focus, in our theorizing, on violence perpetrated by husbands upon wives.

RESOURCE THEORY

Resource theory was first espoused by Goode (in 1971) and suggests that the more resources a husband brings to a relationship, the more power he has, but

the less likely he will actually resort to violence. When, however, a map’s superior power is threatened by a wife’s access to educational or job-related resources, he may resort to violence to re-establish himself as dominant. The implicit view of domestic violence here is consistent with Johnson and Ferraro’s

“intimate terrorism” type of violence, where violence is used to exert consistent

control over a spouse, but the latter is clearly focused at the family-level of analysis.

Levinson uses this approach to understand macro level variation in domestic violence. He argues that resource theory implies that societies where men’s traditional (relative) power is eroded because of women’s increased access to societal resources will involve large-scale status inconsistencies for men. This broad-based experience of status inconsistency, in turn, will be associated with increases in domestic violence generally, Levin posits.

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150 International Journal of Sociology of the Family

While Whaley (2001) does not focus on domestic violence directly, her consideration of the relationship between gender inequality, more generally, and rape suggests reason for doubting a direct and consistent relationship between increasing gender equality and violence. In the short term, it makes sense to Whaley that gender equality might pose a threat to the status quo and result in increased rape rates. But in the long term, she argues, gender equality should improve the social “climate” towards women and reduce rape rates. She tests these hypotheses with panel data from 109 U.S. cities, and does, in fact, find support for a negative long-term relationship between gender equality in income, education, access to high-status occupations and legal status, on the one hand, and rape rates. In any case, Whaley’s work suggests the possibility

that in cross-sectional analyses, where the cumulative effect of increased gender

equality over time is more likely to show up than shorter-term effects, one may expect to find that increased access to resources will be associated with diminished levels of domestic violence.

Levinson’s and Whaley’s versions of Resource Theory, then, suggest two, competing hypotheses:

Levinson-based Resource Theory hypotheses

  • As levels of education, labor force participation and access to political roles for women increase, domestic violence within that nation will increase.

Whaley-based Resource Theory hypothesis:

  • As levels of education, labor force participation and political roles for women increase, domestic violence within that nation will decrease.

EXCHANGE THEORY

Exchange Theory suggests that domestic violence will be particularly high in societies where its benefits to perpetrators are high and particularly low in societies where the costs to perpetrators are low. In many societies costs of violence are low because of inadequate social controls placed on such violence and because an emphasis on male aggressiveness actually encourages it (Levinson 1989; see also Kacen, 2006, for a more recent version). Levinson posits that as the costs of domestic violence rise in a society, the practice of domestic violence will decline. Levinson’s view here grows out of Gelles’ (1983) individual-level theory that people hit and abuse other family members because they can (Levinson 1989:15). At the national level, we deduce the following:

  • Nations that have laws against domestic violence will have lower levels of domestic violence than nations without such laws.

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Determinants of Domestic Violence: A Cross-National Study 151

  • Nations that do have domestic violence laws, but do not enforce them, will have higher rates of domestic violence than nations that have them and do enforce them.

CULTURE OF VIOLENCE THEORY

Levinson also examines a Culture of Violence theory, first hypothesized by Wolfgang and Ferracuti in 1967 and, as we observed above, revisited more recently by McWilliams (1998) as a “societies under stress” thesis. This theory suggests that violent societies are more likely than nonviolent societies to permit domestic violence partly because where violence is used for conflict resolution generally, it is likely to be accepted as a means of conflict resolution within

the household as well. McWilliams’ (1998) version stresses that general violence blocks public awareness about issues of domestic violence. From this perspective we derive the hypothesis that:

  • The more recently a nation has been involved in war or internal strife, the higher the levels of domestic violence.

THE PATRIARCHAL THEORY

Levinson, borrowing from Martin (1973) and Dobash and Dobash (1979), also presents a Patriarchal Theory on family violence. This theory submits that, throughout history, males have dominated society and women were to be treated as men’s possessions. Patriarchal norms protect men’s ability to control their wives and justify their use of violence to do so. These norms have historical roots that emphasize female subordination. There is variation, however, in the extent to which patriarchal norms remain intact. One should be able to find evidence of their continuing presence in laws and practices that restrict women’s

freedoms in society at large or within the family particularly. We submit, for instance, that two indicators that a society remains patriarchal are that women’s

reproductive rights are inhibited and that great age differences continue exist between husbands and wives. We hypothesize, then, that:

  • Countries where women enjoy greater reproductive rights will have lower rates of domestic violence than other countries.
  • Countries in which the age difference between men and women at marriage is particularly great will have particularly high levels of domestic violence.

MODERNIZATION THEORY

We argue that modernization should enhance women’s status and may be a reason behind a decreasing resource difference between men and women in a society (Resource Theory), increasing costs of doing domestic violence (Exchange Theory), as well as an undermining of traditional patriarchal norms

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152 International Journal of Sociology of the Family

(Patriarchal Theory). As Parsons (1960) and Smelser (1966) pointed out, modernization frequently leads to a valuing of universalistic over particularistic norms and achievement over ascription. Hence we expect women (and men) to be freed from traditional gender norms as a country modernizes. To the extent that the freedom is associated with a reduction of

resource differences between men and women, we would expect that, in the long term (Whaley’s version of Resource Theory), there would be a diminution in domestic violence. To the extent that societal norms and laws are changed to reflect universalistic and achievement norms and, consequently, to provide penalties for domestic violence (Gelles, 1983, and Levinson, 1989) and to undermine traditional patriarchal norms (Martin, 1973, and Dobash and Dobash, 1979), we would also expect such a diminution. Modernization has been measured (e.g. Clark, 1990) with simple indicators, like gross domestic product per capita and level of urbanization. Consequently, we would expect that:

  • There will be less domestic violence in countries with greater gross domestic product per capita.
  • There will be less domestic violence in countries with greater urbanization.

ECONOMIC DEPENDENCY THEORY

We also argue that economic dependency, other things being equal, should diminish women’s relative status and consequently their access to resources and to favorable norms and laws. Economic dependency has frequently been associated with decreases in women’s access to educational, economic and political resources (see Bollen, 1983, Chase-Dunn, 1975, Clark, 1986, Clark, 1991, Clark, Ramsbey and Adler, 1991, Ward 1984, Semyonov and Shenhav, 1988). Dependency theorists do not deny the presence of patriarchal relations in societies before their incorporation into the capitalist world system. But they do suggest that patriarchy is often augmented once capitalism penetrates new areas. Patriarchy is a mechanism through which a balance is maintained between women’s roles as producers and reproducers for capitalist markets in goods and labor. An interest in maintaining this balance exists for capitalist enterprise everywhere, but it is in nations that are dependent upon multinational corporate investment that it is most likely to overwhelm countervailing interests.

It is these nations in which governments, for instance, will make the greatest concessions to corporate requirements for profitable environments, limiting, for instance, unwanted regulations on gender discrimination. Consequently, we hypothesize:

  • The greater the economic dependency of a country, the higher the overall levels of domestic violence within that country.

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Determinants of Domestic Violence: A Cross-National Study 153

MEASUREMENT STRATEGIES

Measuring Domestic Violence Level

Measuring the level of domestic violence in any particular country is tricky. Gelles (1980), for instance, shaped his review of the 1970s literature on family violence around innovations in measurement that had permitted the first decent indications of the incidence in family violence in the United States. One of the

problems with doing cross-national research is the inability to be certain that studies of the incidence of domestic violence produce comparable indicators from country to country. We believe that, despite serious data reliability questions about both of the measures we use here, it is better to get some insight, however questionable, than none at all.

From the State Department’s (2005) website we coded descriptions of domestic violence levels by the Department’s 2005 Country Reports on Human Rights Practices for 158 nations. Countries were coded 1, 2 and 3 for low, medium and high levels of domestic violence, respectively. We looked for particular descriptors in the qualitative descriptions of each country to determine

our codings. For example, countries that had descriptions about the domestic violence that included such words as domestic violence was “rare” or “had

few cases reported” were coded as a 1 for low level of domestic violence. Thus the State Department’s (2005) description for San Marino reported the following regarding domestic violence: “Violence against women, including spousal abuse, was rare” and so we coded this country with a 1. Countries whose description contained words that assessed domestic violence as a “problem” or “significant” were coded with a 2. For example, the for Finland contained the following description: “. . .violence against women, including spousal abuse, continued to be a problem.” For country descriptions that contained words such as “widespread” or “serious problem” to describe domestic violence, we used the code of 3. Thus, the report for Albania, for instance, contained the following: “domestic violence against women, including spousal abuse, remained a serious problem.” To check the reliability of our interpretations of the State Department’s (2005) assessment of domestic violence within countries we used an inter-observer check method. The two

authors read descriptions of 25 of the same countries and our coding for those countries were in agreement for 23 (or 93% of the) cases. Each of us then coded about half of the remaining nations separately. In the end, we decided to combine countries that were coded as having low levels of violence with those that we coded as having medium levels because there were only 10 of the former. We finally ended with 57 countries coded as a 1 for low levels of domestic violence and 111 countries with a 2 for high levels of domestic violence. We call the resulting dichotomous variable Domestic Violence I.

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154 , International Journal of Sociology of the Family

Unfortunately, the State Department’s assessments of national levels of domestic violence are often impressionistic, perhaps based upon commonplace evaluations within the nation, perhaps, occasionally, based upon population based measurements. They are, as the examples in this paragraph suggest, often explicitly about violence against women, and not about other kinds of domestic violence, but sometimes they are not explicitly confined to statements

about violence against women. They seem to be written by an author who is trying to make national evaluations that are comparable from one country to another, but they are undoubtedly based upon assessments made at the country level, assessments that may or may not be informed by knowledge of domestic violence rates in other countries.

As a second measure of domestic violence, which we call Domestic

Violence II, we use population-based indicators for 28 nations of the percent of women physically assaulted by an intimate partner as reported Heise, Ellsberg

and Gottemoeller (1999). The coverage of the surveys, completed between 1985 and 1999, on which these population-based measures are based is sometimes, but not always, the entire country. When it is clearly not based on the entire country, we make the simplifying assumption that a local rate is a reasonable approximation of a national one. In some cases the rates are based upon a question asking whether a woman has ever been physically assaulted; in some cases, they are based upon a question asking whether she’s experienced such an assault in her current relationship. Again, our simplifying assumption has been that such rates are comparable.

Measuring for Women s Resources

We measured women’s resources with four indicators: women’s labor force

participation rates, the percentage of eligible females enrolled in secondary schools, the percentage of women in the lower house, and the year that women got the vote. The 2003 measure of women’s labor force participation rates and the percentage of eligible females enrolled in secondary schools were from the United Nations Development Program’s (2004) Human Development Report. A 2001 measure of the percentage of seats women have in the lower house (or only house) of the national legislature is from United Nations Development Program, 2002. The number of years since women received the right to vote is from Inter-Parliamentary Union, 2004.

Measuring Presence of Domestic Violence Laws and whether a Country Enforces Such Laws, if Present

To measure societal disincentives for domestic violence (and therefore “costs”

associated with its commission [Exchange Theory]), we have used the presence of laws against domestic violence and the enforcement of the laws (if present).

This content d

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Method Of Iterations With Coding For Fluid Dynamics

Method Of Iterations With Coding For Fluid Dynamics

I have attached the picture file, you have to do coding/programming in whatever language you prefer and answer/plot

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State whether the following are true or false.

State whether the following are true or false.

Quiz #2/Spring 2019

Labor and Employee Relations/Fiorentino

Name:

Part One: True/False

State whether the following are true or false.

  1. Unlawful domination of a union by an employer essentially destroys the union’s independence as a bargaining representative.
  2. The remedy for unlawful aid or assistance to a union is the disestablishment of the union.
  3. Motive is an essential element of an employer employment discrimination unfair labor practice.
  4. The duty to bargain requires an open mind and sincere desire to reach agreement.
  5. The duty to bargain is a continuing duty, which does not end with the negotiation of a contract.
  6. Superseniority is seniority based upon an employee’s length of service with an employer.
  7. Union fines for members who do not regularly attend union meetings is an unfair labor practice.
  8. A union which has been selected as a bargaining representative has a legal obligation to bargain with the employer.
  9. A collective bargaining agreement which provides for payment to employees for holidays not worked is unlawful featherbedding in violation of the LMRA.
  10. Strikes are an expression by employees of their desire to quit their jobs.

Part two: Short Answer

  1. The basic remedy for an employer’s unlawful aid or assistance to a union is called what?
  2. As discussed in class, what is the purpose of the Wright Line Test?
  3. As discussed in class, what is different between a primary and secondary employer?
  4. In the formula C + P = ULP, what do the C and P stand for?
  5. As discussed in class, what is meant by the term featherbedding?
  6. As discussed in class, what is meant by the term concerted action?
  7. As discussed in class and in Chapter Six, what is the major purpose of picketing?
  8. Explain how picketing is different than a strike.

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Labor Relations Law

Labor and Employee Relations/Fiorentino

Spring 2019

Midterm Exam/Spring 2019

Part One–multiple choice; one points each-24 points total

Directions: Please choose one of the four choices. Then, if you desire, in one-three sentences, explain why you selected that particular answer. Or, in the alternative, you may explain why the others are wrong.

1. The law that establishes minimum wage for workers, the maximum number of hours that can be worked, and overtime pay, is called the _____________________.

a) Civil Rights Act of 1964

b) Americans with Disabilities Act

c) Family and Medical Leave Act

d) Equal Pay Act of 1963

e) Fair Labor Standards Act

2. The Occupational Safety and Health Act of 1970: 

a. requires employers to establish pension plans or to meet specific benefit levels

b. requires covered employers to pay their employees time and a half for hours worked in excess of 40 in one week

c. is designed to provide reasonable leave periods for family-related health issues.

d. Permits inspectors to enter the workplace at any reasonable time and without advance notice.

3. Which of the following statements is true of workers’ compensation? a. “Worked related injuries” implies injuries arising out of employment or those that are related to the type of employment involved.b. Employers are required to report on-the-job fatalities and injuries that require hospitalization.c. The secretary of labor authority is delegated to establish detailed health and safety standards that must be complied with by employees onlyd. Injuries occurring on the way to and from the job are considered to be within the course of employment.

4. Simpson, Inc. is a corporation whose principal business is the manufacture and sale of toilets. Bart is the manager in charge of employees in Simpson’s product delivery division. Homer is one of the employees within that division. One afternoon, while employee Homer was en route to a retail customer’s place of business, Homer got into a car accident (due to his negligence—he was too busy changing radio stations to see the car making a turn ahead of him) and caused injury to the other car’s driver. The injured driver files suit against Bart, Homer, and Simpson, Inc. Who is liable?

a. Homer, because he is an employee acting within the course and scope of employment

b. Bart because he is the manager of Homer

c. Simpson Inc. because Homer’s actions were within the course and scope of employment

d. Homer, Bart, and Simpson Inc. will all be liable for the above reasons.

5. The Fair Labors Standards Act requires covered employers

a. pay their professional staff time and a half for hours worked in excess of 45 in one week.

b. pay their employees a minimum hourly wage

c. pay their employee double time

d. be involved in hiring and firing decisions.

6. The Family Leave Medical Act:

a. covers birth but not adoption of a child

b. covers employees the moment they begin work

c. requires employers with 30 employees to give covered employees up to 18 paid workweeks of leave per year to deal with the care of themselves.

d. provides job security to employees with serious health conditions.

7. Fay was admitted as a new partner in Charmed City Chocolates, a general partnership, in May 2017. In June, while delivering a chocolate order to a residence, Charmed City’s delivery employee negligently crashed into the rear of a parked car destroying a bicycle mounted on the back of the car and damaging the rear of the car. Which of the following is true about liability for the employee’s negligence?

a. Charmed City is not liable for the accident as it was the result of the employee’s negligence.

b. Charmed City is liable for the accident, but Fay is not liable as she was admitted to the partnership only 1 month prior to the accident.

c. The delivery driver is an employee-agent of Charmed City, and Charmed City is liable for the acts of its employees.

d. The delivery driver is an employee-agent of Charmed City, but Charmed City is not liable for the negligent acts of its employees.

8. An at-will employee may be discharged for any reason unless the discharge violates a contract or ___.

(A) statute

(B) rule

(C) investigation

(D) fairness

9. The public policy exception to the at-will employment doctrine is also known as the ___ exception.

(A) implied contract

(B) covenant of good faith and fair dealing

(C) just cause

(D) whistleblower

10. Wages are part of the employee’s ___ in the employment contract.

(A) consideration

(B) capacity

(C) intent

(D) acceptance

11. The two primary functions of the National Labor Relations Board are to hold representation elections and determine ___.

(A) unfair labor practice cases

(B) objections

(C) regulations

(D) administration

12. NLRB representation procedures are initiated by the filing of a ___/

(A) complaint

(B) charge

(C) petition

(D) objection

13. The basic remedy for an employer’s unlawful aid or assistance to a union is ___.

(A) disestablishment

(B) fine

(C) cease and desist

(D) injunction

14. Under the Wright Line Test an employer’s unlawful conduct will be excused if it can be shown that the ___ action would have occurred regardless of unlawful motivation.

(A) bad

(B) adverse

(C) discriminatory

(D) illegal

15. Right to work states by statute prohibit ___ union membership.

(A) compulsory

(B) voluntary

(C) financial core

(D) dues free

16. . ___ is an essential element of the duty to bargain.

(A) fairness

(B) power

(C) good faith

(D) reason

17. An employer with whom a union has a labor dispute is a ___ employer.

(A) primary

(B) secondary

(C) joint

(D) double-breasted

18. An employer with whom a union does not have a dispute is a ___ employer.

(A) primary

(B) secondary

(C) joint

(D) double-breasted

19. In the formula C + P = ULP, the C stands for ___.

(A) compulsion

(B) collective

(C) coercion

(D) concerted

20. Featherbedding involves pay for work not ___.

(A) available

(B) easy

(C) useful

(D) performed

21. A strike is a ___ refusal to work.

(A) lawful

(B) primary

(C) intentional

(D) concerted

22. The right to strike is a ___ right.

(A) limited

(B) extensive

(C) powerful

(D) temporary

23. Only ___ strikes and picketing are legally protected.

(A) temporary

(B) primary

(C) economic

(D) unfair labor practice

24. The purpose of picketing is to ___ a labor dispute

(A) win

(B) advertise

(C) counteract

(D) legitimatize

Part Two: Short Essay (6 points total)

Instructions: Please answer all parts of each question.

1. Joan and Ron drove their car to the Hills warehouse loading dock behind the store to load the chairs into their car. The loading dock attendant was helping another customer load furniture when Joan and Ron arrived at the dock. Joan and Ron waited about ten minutes, and then told the dock attendant they would load the chairs themselves. The six chairs were sitting on the dock in plain sight so the attendant agreed. As soon as he was free, the attendant quickly came to help Joan and Ron load the last of the six chairs into their car. When Joan and Ron unloaded the chairs at their home, the leg on one of the chairs was broken in transit. Joan and Ron returned to Hills with the damaged chair and requested that Hills replace it. They admitted the chair was not damaged when it was sitting on the dock before being loaded into their car. They further claimed that because the dock attendant was unavailable to load the chairs when they arrived at the dock, Hills should be responsible for the damaged chair. Joan and Ron stated they were not professional furniture handlers and should not have had to load the chairs themselves or be responsible for any damage.

a. Should Hills legally be responsible for the damage to the chair? Why or why not?

b. If you were the Hills warehouse manager, how would you handle this situation, and what would be your legal justification?

1

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