When an Employer Is Charged Under Section 8(a) (3)for Refusing

question 56

Multiple Choice

When an employer is charged under Section 8(a) (3) for refusing to hire an applicant whom the employer suspects to be a union organizer, which of the following can the employer use to defend his decision?

• A)By raising a reasonable question as to the applicant's actual interest in working for the employer
• B)By citing the employers' rights as defined in Section 7 of the NLRA to defend against the labor practice
• C)By citing the closed shop agreements in place in the firm
• D)By agreeing to establish and administer in-house unions

Distinguish between liabilities arising out of negligent hiring versus actions within the scope of employment.

Examine the role of express, implied, and apparent authority in establishing liability.

Grasp the implications of exculpatory clauses and the conditions under which they may not protect a principal.

Understand the concept of joint and several liability in relation to principal and agent torts.

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Definitions:

Isometric

Pertaining to exercises or muscle actions in which tension is developed without contraction of the muscle.

Resistive Isometric

Exercise involving muscle contractions without movement, typically used to increase muscle strength without straining the joints.

Joint Degeneration

The gradual deterioration of joint function and structure, often associated with conditions like osteoarthritis.

Arthritis

A condition causing inflammation, pain, and stiffness in the joints, often leading to reduced mobility and quality of life.