$9.$ Please answer the question: The labor agreements $($also known as contracts or collective bargaining agreements$)$ of unionized employees usually state that discipline or discharge must be for just cause. If a discharge ends up being challenged, an arbitrator usually decides whether there was just cause. The arbitrator will consider $10$ different things when determining if there was just cause. $(**$Please select the two missing things from this list, and choose the correct options A$-$D$)$

$(1)$ If there was a rule prohibiting the behavior.

$(2)$ If the rule communicated to employees.

$(3)$ If the rule was reasonable.

$(4)$ If the rule was consistently enforced.

$(5)\_\_\_\_\_\_\_\_\_$

$(6)$ If there was sufficient proof that the rule was violated.

$(7)\_\_\_\_\_\_\_\_\_\_$

$(8)$ If the discipline was commensurate with the severity of the offense.

$(9)$ If there were mitigating factors that called for imposition of a lesser penalty.

$(10)$ That the employers bore the burden of proof that discipline or discharge was for just cause.

A$)$If progressive discipline was applied.

B$)$If the employee was afforded due process.

C$)$If the employee received Miranda warnings.

D$)$If the employee filed a grievance.

$10.$ Please answer the question: Which statement is TRUE about public employees? $(***$ please choose the correct option A$-$F$)$

A$)$Tenure is a $100\%$ guarantee of a job for life.

B$)$They are always considered employees at will.

C$)$Their employers do not have to provide them with due process.

D$)$They are frequently protected by civil service and$/$or tenure laws.

E$)$They do not enjoy free speech protections in the workplace.

F$)$They are rarely unionized.

$11.$ Please answer the question: When it comes to performance appraisals, what is NOT recommended? $(***$ please choose the correct option A$-$E$)$

A$)$Putting an employee on a PIP if there are performance issues.

B$)$Using measured and professional language when giving criticism.

C$)$Applying performance criteria and standards in an inconsistent and subjective manner.

D$)$Having criteria that are established and known to employees beforehand.

E$)$Consistently documenting employee performance.

$16.$ Please answer the question: Which statement is FALSE? $(***$ please choose the FALSE option A$-$D$)$

A$)$The law provides employees with very few options for challenging business decisions that result in employment loss.

B$)$Generally speaking, the governments of European nations have much fewer rules about how employers can downsize than the U$.$S$.$ government.

C$)$Generally speaking, "downsizing" refers to reorganization, right$-$sizing, reduction in force, and$/$or layoffs.

D$)$Employers can choose to go out of business entirely, but they can't electively close specific facilities for the purpose of inhibiting unionization.

$17.$ Please answer the question: Which statement is TRUE? $(***$ please choose the correct option A$-$D$)$

A$)$Relocation of work from one facility to another never violates the NLRA.

B$)$The issue of downsizing can never be a topic of union bargaining or union contracts.

C$)$The law provides employees with countless options for challenging business decisions that result in employment loss.

D$)$Challenges to downsizing decisions derive primarily from the National Labor Relations Act.

$18.$ Please answer the question: Employers covered by the $\_\_\_\_\_\_\_$ Act are prohibited from ordering plant closings or mass layoffs until the end of a sixty$-$day period that follows the provision of written notice to affected employees $($or$,$ if the employees are unionized, to union representatives$)$ and to state and local government officials $(***$ please choose the correct option A$-$D$)$

A$)$WARN

B$)$Hatch

C$)$Intergovernmental Personnel Act

D$)$FERPA

$19.$ Please answer the question True or False: An employment loss, as defined by the WARN Act, does not occur if$,$ prior to a plant closing or mass layoff, the employer offers to transfer the employee to another worksite within $1,000$ miles of the plant that is closing $(***$ Please choose if it is True or False$)$

$20.$ Please answer the question: Which statement is FALSE regarding the WARN Act? officials $(***$ please choose the FALSE option A$-$E$)$

A$)$Plaintiffs in WARN Act cases are entitled to receive back pay for the number of days that they were deprived of timely notice, up to a maximum of sixty days.

B$)$The WARN Act governs employers with more than $100$ employees.

C$)$Multiple notifications might be required under the WARN Act.

D$)$The WARN Act does not contain any loopholes.

E$)$The WARN Act also covers employers who have more than $100$ full and part$-$time employees who are working a total of at least $4,000$ hours per week, excluding overtime.