Employment And Labor Law 9th Edition By Patrick J. Cihon – Test Bank

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Chapter 05 The Global Perspective International

Employment Law and American Immigration Policy

TRUEFALSE

1. The International Labor Organization (ILO) is the branch of the United Nations charged with

developing and promulgating uniform labor and employment standards internationally.

(A) True

(B) False

Answer : (A)

2. The Convention on the Civil Aspects of International Child Abduction aims to control and eliminate

exploitation of child labor.

(A) True

(B) False

Answer : (A)

3. The Alien Tort Claims Act was enacted in 1789 as part of the original Judiciary Act.

(A) True

(B) False

Answer : (A)

4. The Alien Tort Statute is likely to have a high impact upon the way U.S. Corporations deal with

their overseas employees.

(A) True

(B) False

Answer : (B)

5. Union Network International (UNI) does not seek to organize workers on an international scale

but merely administers the functioning of unions.

(A) True

(B) False

Answer : (B)6. One of the primary objectives of the Immigration Reform and Control Act (IRCA) of 1986 is to

meet the globalization of corporations, trade, and manufacturing head on.

(A) True

(B) False

Answer : (B)

7. The Union Network International has laid special emphasis to build more effective alliances in

multinationals.

(A) True

(B) False

Answer : (A)

8. UNI claims that signing global agreements with targeted companies would lead to the

organization’s focus going backward.

(A) True

(B) False

Answer : (B)

9. The fundamental U.S. immigration statute is the Immigration and Nationality Act (INA) of 1952.

(A) True

(B) False

Answer : (A)

10. The purpose of the Immigration Reform and Control Act (IRCA) of 1986 is to provide solution for

controlling both legal and illegal immigration to the United States.

(A) True

(B) False

Answer : (B)

11. Immigration Reform and Control Act (IRCA) restricted the ability of many foreign students to

adjust their status to that of lawful permanent resident aliens.

(A) True(B) False

Answer : (A)

12. Employer compliance with IRCA includes that employers must verify the employment eligibility

of any employee hired.

(A) True

(B) False

Answer : (A)

13. The U.S. Citizenship and Immigration Services (USCIS) is responsible only for the

administration of immigration and naturalization adjudication functions and not for establishing the

immigration services policies and priorities.

(A) True

(B) False

Answer : (B)

14. Immigration and Customs Enforcement is the largest investigative branch of the Department of

Homeland Security.

(A) True

(B) False

Answer : (A)

15. As a general proposition, immigration law and policy are not deemed to be the exclusive

provinces of the federal government.

(A) True

(B) False

Answer : (B)

MULTICHOICE

16. Which organization, based in Geneva, has authored a vast scheme of labor and employment

laws, regulations and guidelines?

(A) Union Network International (UNI)(B) International Labor Organization (ILO)

(C) Equal Employment Opportunity Commission (EEOC)

(D) American Federation of Labor/Congress of Industrial Organization (AFL-CIO)

Answer : (B)

17. Identify the statement which accurately represents the functions of the International Labor

Organization (ILO).

(A) The International Labor Organization (ILO) is a branch of the World Bank.

(B) ILO “laws” always supersede an individual nation’s sovereignty.

(C) The United States is a signatory to all ILO enactments or pronouncements.

(D) U.S. labor and employment laws in many instances are equal or superior to the ILO scheme.

Answer : (D)

18. A judicial authority in one contracting state may request its counterpart in another contracting

state to facilitate such discovery activities as the taking of depositions or sworn statements in

support of litigation, including labor and employment litigation. This is a convention on the:

(A) service of judicial and extrajudicial documents in civil or commercial matters.

(B) recognition and enforcement of Foreign Arbitral Awards.

(C) civil aspects of international child abduction.

(D) taking of evidence abroad in civil or commercial matters.

Answer : (D)

19. In the context of international employment law, ______ are the uniform codes of procedure and

standards of conduct that the ILO seeks to promulgate and enforce in order to establish

international standards for the fair treatment of workers among all member nations of the United

Nations.

(A) torts

(B) conventions

(C) mores

(D) remands

Answer : (B)20. In the United States, the mission of promoting “labor and corporate social responsibility falls

with a unit of the:

(A) American Federation of Labor/Congress of Industrial Organization (AFL-CIO).”

(B) International Labor Organization (ILO).”

(C) Department of State (DOS).”

(D) Union Network International (UNI).”

Answer : (C)

21. The federal statute which provides the cause of action for aggrieved noncitizen residents in the

U.S. courts is:

(A) National Labor Relations Act.

(B) Alien Tort Claims Act.

(C) Immigration Reform and Control Act.

(D) Torture Victim Protection Act.

Answer : (B)

22. The Alien Tort Claims Act:

(A) was active for the last two centuries and was commonly used in supporting jurisdiction in several

cases.

(B) was enacted in 1889 as part of the original Judiciary Act.

(C) is an international statute which provides a cause of action for aggrieved aliens in global courts.

(D) is unlikely to have a high impact upon the way U.S. corporations deal with their overseas

employees.

Answer : (D)

23. In Romero v. Drummond Company, Inc., the union and several of its leaders and relatives of

deceased leaders sued Drummond and its parent company and executives under the Alien Tort

Statute and the Torture Victim Protection Act of 1991. The district court consolidated the complaints

and later granted:

(A) motion to dismiss.

(B) subpoena.

(C) injunction.(D) partial summary judgment.

Answer : (D)

24. Yen Singh had migrated from Bangladesh to U.S., and was working as a labor in the

manufacturing industry. He was physically assaulted and victimized by the labor union for an

extended period of time. Under which statute can he file a complaint in the district court?

(A) Alien Tort statute

(B) Torture Victim Protection Act of 1991

(C) National Labor Relations Act

(D) Tort Claim Act

Answer : (B)

25. What was the issue in Sarei v. Rio Tinto?

(A) Should the plaintiffs be required to exhaust their other available remedies before being

permitted to sue in a U.S. court under the Alien Tort Statute?

(B) Why didn’t the plaintiffs seek to secure justice in their own countries?

(C) Is the Legal Arizona Workers Act preempted by federal immigration law?

(D) When are invasions of privacy intentional?

Answer : (A)

26. The international trade union movement has begun to use the term ______ as an umbrella

designation.

(A) labor unions

(B) empathizer’s unions

(C) trade unions

(D) global unions

Answer : (D)

27. Which one of these following is an organization which is aimed at meeting the globalization of

corporations, trade, and manufacturing?

(A) International Labor Organization (ILO)

(B) American Federation of Labor/Congress of Industrial Organization (AFL-CIO)(C) Union Network International (UNI)

(D) Department of States (DOS)

Answer : (C)

28. In August 2005, at the Chicago convention, UNI announced that signing ______ with targeted

companies would be their focus in the future. In 2007, UNI expanded its attention to monitoring

______.

(A) global agreements; private equity funds

(B) domestic agreements; private equity funds

(C) labor agreements; corporate investigations

(D) union agreements; corporate investigations

Answer : (B)

29. The UNI:

(A) claims to hold the allegiance of approximately 1 million workers in 100 unions in 15 countries.

(B) has targeted a list of 25 multinational employers.

(C) boasts 200 signed collective agreements and another 500 in various stages of negotiation.

(D) has achieved labor contracts with Carrefour, Hennes & Mauritz of Sweden and Falck among

others.

Answer : (D)

30. UNI claims to hold the allegiance of approximately 15 million workers in 900 unions in 150

countries, representing employees in the following economic sectors EXCEPT:

(A) medicine.

(B) commerce.

(C) electricity.

(D) hair and beauty.

Answer : (A)

31. Which one of these mechanisms creates a legal workforce without decreasing the number of

workers available to harvest perishable crops?

(A) H-2A program(B) H-1 program

(C) H-2 program

(D) H-1A program

Answer : (A)

32. Mohammad is an illegal immigrant from Pakistan, who has been part of the U.S. labor market

since 1978. The act which is intended to clear illegal immigrants is the:

(A) Immigration Reform and Control Act (IRCA) of 1986.

(B) Torture Victim Protection Act of 1991.

(C) Alien Tort Statute.

(D) Foreign Labor Relations Act.

Answer : (A)

33. The Immigration Reform and Control Act of 1986 altered several immigration provisions of the

INA of 1952 such as:

(A) preventing children and spouses of long-term international organization from residing in the

United States.

(B) removing the immigrant category for dependents of employees of international organizations.

(C) allowing larger number of foreign students to adjust their status to that of lawful permanent

resident aliens.

(D) providing a one-shot amnesty program under which illegal aliens who entered the United States

before January 1, 1982, could become legalized.

Answer : (D)

34. Who is held responsible for verifying employment eligibility prior to hiring an individual?

(A) Labor unions

(B) Employers

(C) Federal Government

(D) State authorities

Answer : (B)

35. A U.S. passport, certificate of U.S. citizenship, certificate of naturalization, or certain residentalien cards establish both ______, which are mandatory for IRCA compliance.

(A) identity and proof of employment

(B) employment authorization and identity

(C) proof of employment and citizenship

(D) identity and financial credibility

Answer : (B)

36. In Mohamad v. Palestinian Authority, the main issue was:

(A) did the human rights laws at issue apply to U.S. citizens?

(B) did the human rights laws at issue apply to someone other than a natural person?

(C) was the Legal Arizona Workers Act too broad?

(D) None of these answers.

Answer : (B)

37. Which one of the following bodies is responsible for the administration of immigration and

naturalization adjudication functions and establishing immigration services policies and priorities?

(A) U.S. Social Security Administration

(B) U.S. Department of Justice

(C) U.S. Citizenship and Immigration Services

(D) U.S. Immigration and Customs Enforcement

Answer : (C)

38. All of the following are services of the U.S. Citizenship and Immigration Services except:

(A) adjudication of immigrant visa petitions.

(B) adjudication of naturalization petitions.

(C) protecting civil rights.

(D) establishing immigration services policies and priorities.

Answer : (C)

39. Which one of the following is the largest investigative branch of the Department of Homeland

Security (DHS)?(A) U.S. Social Security Administration

(B) U.S. Immigration and Customs Enforcement

(C) U.S. Department of Justice

(D) U.S. Citizenship and Immigration Services

Answer : (B)

40. Which branch is the largest investigative branch of the Department of Homeland Security

(DHS)?

(A) U.S. Social Security Administration

(B) U.S. Immigration and Customs Enforcement

(C) U.S. Department of Justice

(D) U.S. Department of State

Answer : (B)

41. Which one of these following bodies is responsible for enforcing the antidiscrimination

provisions of the Immigration and Nationality Act (INA), 8 U.S.C. Section 1324b?

(A) U.S. Department of Justice

(B) U.S. Immigration ad Customs Enforcement

(C) U.S. Social Security Administration

(D) U.S. Citizenship and Immigration Services

Answer : (A)

42. Whose responsibility is to ensure public safety against foreign and domestic threats?

(A) U.S. Social Security Administration

(B) Federal Bureau of Investigation

(C) U.S. Department of Labor

(D) U.S. Department of Justice

Answer : (D)

43. Which group has the following mission statement: “create a more secure, democratic, and

prosperous world for the benefit of the American people and the international community”?(A) Federal Bureau of Investigation

(B) U.S. Immigration and Customs Enforcement

(C) U.S. Department of Justice

(D) U.S. Department of State

Answer : (D)

44. The duty to protect the United States from terrorist attacks, from foreign intelligence

operations, and from cyber-based attacks and high-technology crimes lies with the:

(A) Federal Bureau of Investigation.

(B) U.S. Social Security Administration.

(C) U.S. Immigration and Customs Enforcement.

(D) U.S. Citizenship and Immigration Services.

Answer : (A)

45. Which act sets the conditions for the temporary and permanent employment of aliens in the

United States and includes provisions that address employment eligibility and employment

verification?

(A) Tort Claim Act

(B) Immigration Reform and Control Act

(C) The Immigration and Nationality Act

(D) Torture Protection Claim Act

Answer : (C)

46. In Aguilar v. U.S. Immigration and Customs Enforcement, the Guatemalan consul, acting as next

friend of the detainees, filed a petition for a writ of habeas corpus and a complaint for declaratory

and injunctive relief in the United States District Court for the District of Massachusetts. The

District Court dismissed the petitioners’ substantive due process claims for failure to satisfy the

prerequisites of Federal Rule of Civil Procedure as stated under:

(A) Federal Rule 12(a)(1)

(B) Federal Rule 12(c)(3)

(C) Federal Rule 12(b)(6)

(D) Federal Rule 12(b)(3)Answer : (C)

47. Which one of these states is not included in the early entrants of the controversial legal arena?

(A) California

(B) Texas

(C) Alabama

(D) Missouri

Answer : (C)

48. In Chamber of Commerce of U.S. v. Whiting, what act was examined?

(A) Alien Tort Claims Act

(B) Legal Arizona Workers Act

(C) Torture Victim Protection Act

(D) Immigration Reform and Control Act

Answer : (B)

49. Under the ordinance passed by the city of Escondido (California), residents, businesses and city

officials could:

(A) file written complaints with the city if they suspected a landlord of renting to illegal immigrants.

(B) file complaints based ‘solely or primarily on the basis of national origin, ethnicity, or race.’

(C) file written complaints if landlords were suspected of renting to illegal immigrants and the

landlords in turn would have to evict the suspects within 6 months.

(D) press landlords to provide documentation to the city of their tenants’ financial stability.

Answer : (A)

ESSAY

50. What are conventions?

Graders Info :

Conventions are pacts or agreements between states or nations in the nature of a treaty.51. What is the role of the convention of Service Abroad of Judicial and Extrajudicial Documents in

civil or commercial matters?

Graders Info :

It facilitates and standardizes the service of legal processes, such as complaints, summons, and

subpoenas, in pursuit of litigation, including labor and employment litigation.

52. What is the role of the convention of Civil Aspects of International Child Abduction?

Graders Info :

The convention on the Civil Aspects of International Child Abduction aims to control and eliminate

exploitation of child labor.

53. What steps did Brazil take in the eradication of child labor and slavery?

Graders Info :

Brazil has enacted a “National Pact” which includes placing firms profiting from child and slave

workers on a so-called “Dirty List.”

54. What did France mandate for the first time in the corporate arena in the year 2002?

Graders Info :

In 2002, France for the first time mandated disclosure of corporate social and environmental

performance.

55. What does the Alien Tort Claims Act provide?

Graders Info :

The Alien Tort Claims Act states, “The district courts shall have original jurisdiction of any civil

action by an alien for a tort only, committed in violation of the law of nations or a treaty of the

United States.”

56. What are the components of Global Unions?

Graders Info :

The components of Global Unions include:• The International Confederation of Free Trade Unions, which represents national trade union

centers on the globe.

• The Union Network International.

57. List the targets of the Union Network International (UNI).

Graders Info :

The targets of Union Network International (UNI) are multinational corporations, seeking to apply

global pressure in order to organize local and regional corporate facilities.

58. What is the purpose of the Immigration Reform and Control Act (IRCA) of 1986?

Graders Info :

The purposes of IRCA are to:

• provide a solution for controlling illegal immigration to the United States;

• make some changes in the U.S. system of legal immigration; and

• provide a controlled legalization program for undocumented aliens who entered the United States

before 1982.

59. What are the necessary documents an employer must show to prove that the employee is a U.S.

Citizen or is lawfully authorized to work in the United States?

Graders Info :

The employer must show the examined documents that establish both:

• the employment authorization; and

• the identity of the employee.

60. Outline the duties of the International Labor Organization (ILO).

Graders Info :

The International Labor Organization (ILO) is a branch of the United Nations.

Its duties are to:

• Develop and promulgate uniform labor and employment standards internationally, encouraging

member nations to adopt those universal standards, and monitoring compliance by those nations

which have adopted them;

• Promulgate a vast scheme of labor and employment laws, regulations, and guidelines.

61. What are conventions? Identify conventions that affect international labor relations and

employments.Graders Info :

Conventions are “pacts or agreements between states or nations in the nature of a treaty.” The

conventions that can affect international labor relations and employments include:

• Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial

Matters

• Convention on the Recognition and Enforcement of Foreign Arbitral Awards

• Convention on the Taking of Evidence Abroad in Civil or Commercial Matters

• Convention on the Civil Aspects of International Child Abduction

62. What is the Union Network International (UNI)?

Graders Info :

Union Network International (UNI) is an organization aimed at meeting the globalization of

corporations, trade, and manufacturing head on. The organization targets multinational

corporations, seeking to apply global pressure in order to organize local and regional corporate

facilities. At its August 2005 Chicago convention, UNI announced that signing global agreements

with targeted companies would be that organization’s focus going forward. In 2007, UNI expanded

its attention to monitoring private equity funds.

63. State the purpose of the Immigration Reform and Control Act (IRCA) of 1986.

Graders Info :

Immigration Reform and Control Act (IRCA) of 1986 is the most recent major overhaul of U.S

immigration law. Its purposes are to:

• provide a solution for controlling illegal immigration to the United States;

• make some changes in the U.S. system of legal immigration; and

• provide a controlled legalization program for undocumented aliens who entered the United States

before 1982.

64. What is the role of U.S. Citizenship and Immigration Services (USCIS)?

Graders Info :

The USCIS is responsible for the administration of immigration and naturalization adjudication

functions and establishing immigration services policies and priorities. It includes:

• adjudication of immigrant visa petitions;

• adjudication of naturalization petitions;

• adjudication of asylum and refugee applications;

• adjudications performed at the service centers, and

• all other adjudications performed by the INS.