National Exam MODULE 3

NURSING HOME ADMINISTRATOR LICENSURE EXAM REVIEW COURSE

National Exam ◘ MODULE 3

referencsection Regulatory and Laws

Speed Reader Examination 1  Examination 2

Stan Mucinic, LNHA

Regulatory/Laws 2/2 Copyright © 2005-2012 by Stan Mucinic. All rights reserved. 1 of 23 Legal Notices Students enrolled in the “National Nursing Home Administrator Licensing Course” are purchasing the professional knowledge of the instructor to assist the student to prepare for the national licensure exam administered by the National Association of Boards of Examiners (NAB). This is a 5-week intensive independent study program designed to provide students a unique personalized and structured learning environment where progress is monitored by the instructor through email to help students maintain focus and complete scheduled assignments timely. THE INSTRUCTOR MAKES NO EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND THAT COMPLETION OF THIS OR ANY LICENSURE PREPARATION COURSE OFFERED BY INSTRUCTOR WILL GUARANTEE A PASSING SCORE ON ANY LICENSING EXAM. An individual’s ultimate success in passing the licensure exam is dependent on an individual’s professional experience, academic preparation, and the time and energy the individual can commit to exam study and preparation. A student’s work schedule or other commitments may require more time to prepare for an exam than allotted. The student is solely responsible for licensing exam registration/testing and retesting fees.

How to Use the Study Guides

Step 1 – VERY IMPORTANT - The personalized test organizer that comes with the program is the key to your success and sets this program apart from any other. It is critical you follow the instructions and score each exam, and file the completed exams into your binder. Try to keep to the schedule and email your test results to the instructor to stay focused.

Step 2. - Speed Reader – Read the speed reader for each module once or twice before taking the module exam(s). Read the speed reader over and over again until you familiarize yourself with its contents. THE MORE TIMES YOU LOOK IT THE MORE LIKELY YOU ARE TO REMEMBER IT. Step 3 – Exam Packet - The exam packet contains questions designed to measure your comprehension and retention of the material you read. Take each exam over and over again until you score 100%. Make sure you score each exam and record the results in your organizer or you will not be able to gauge your progress.

The exam questions are cross referenced to the speed reader to allow you to quickly find and review material you missed on the exam as follows: Page Number ---- 2/1.8(13) ------Section Number The specific reference material would be found on page 2 of the speed reader, section 1.8, subparagraph 13. Contact Information You may contact Stan Mucinic by email at [email protected] with any questions

1 The ______governs wages and overtime pay 1 2 3 4 1. Equal Pay Act 2. Fair Labor Standards Act 10/12.1 3. Age Discrimination in Employment Law 4. Equal Employment Opportunity Act

2 The ______governs child labor 1 2 3 4

1. Equal Pay Act 2. Fair Labor Standards Act 10/12.1 3. Age Discrimination in Employment Law 4. Equal Employment Opportunity Act

3 The Federal Unemployment Tax Act does not ______1 2 3 4

1. Allow employers to challenge paying unemployment benefits to workers 14/37.1 terminated for cause 2. Require employers to pay unemployment tax premiums based on the number of employees receiving benefits 3. Require employers to pay up to 26 weeks of benefits 4. Require employers to pay for workers injuries

4 An employee cannot accrue more than _____ compensatory hours in a single year

1. 80 2. 160 3. 240 4. 320

5 The Employee Retirement Income Security Act of 1975 does not _____ 1 2 3 4

1. Protect pension plans and regulate how employers administer pension plans 11/17.1 2. Require employers to provide a pension plan 3. Require employers to adequately fund their pension funds 4. Require employers to pay premiums to the Federal Pension Guaranty Corporation to insure pension payments to retirees

6 An exempt employee is given which of the following benefits in lieu of paid overtime for hours worked over 80 hours in a single pay period?

1. Sick leave 2. Vacation leave 3. Compensatory time 4. Family leave

7 The ______requires health plans to provide the same dollar limits and lifetime 1 2 3 4 limits for mental health benefits as other benefits: 1. Vocational Rehabilitation Act 11/19.1 2. Americans with Disabilities Act 3. Mental Health Parity Act 4. Immigration Reform Act

11/20.1 1. Vocational Rehabilitation Act 2. Americans with Disabilities Act 3. Mental Health Parity Act 4. Immigration Reform Act

9 The initials ‘CIO” stand for ______1 2 3 4

1. Congress of International Organizations 2. Congress of Industrial Organizations 19/62.1 3. Commercial Industrial Organizations 4. Consolidated Industrial Organizations

10 The “CIO” merged with the ______. 1 2 3 4

1. American Federation of Labor 19/62.1 2. Associated Federation of Laborers 3. Amalgamated Federation of Labor 4. None of the above

11 The ______prohibits gender based discrimination in rates of pay 1 2 3 4

1. Ethics in Patient Referrals Act 2. Newborn and Mothers Protection Act 10/13.1 3. Equal Pay Act 4. Civil Rights Act of 1964

12 The ______mandates local healthcare planning councils 1 2 3 4

1. Comprehensive Health Planning Act of 1966 2. Newborn and Mothers Protection Act 12/24.1 3. Kerr Mills Act 4. Hill Burton Act

13 The Kerr Mills Act was responsible for ______. 1 2 3 4

1. Making federal and state funds available to fund senior health care services 2. Expanding construction of and access to hospitals ad nursing homes 12/23.1 3. Prohibiting financial arrangements between providers 4. Providing home health care services to seniors

14 S.I.T. is an abbreviation for ______. 1 2 3 4

1. State Income Tax 2. Federal Income Tax 14/34.1 3. Social Security Tax 4. Unemployment Tax

15 The ______requires local planning councils to evaluate health care needs and 1 2 3 4 issue a certificate of need to construct long term care beds

1. National Health Planning and Resources Act 1974 12/25.1 2. Newborn and Mothers Protection Act 3. Kerr Mills Act 4. Hill Burton Act Regulatory/Laws 2/2 Copyright © 2005-2012 by Stan Mucinic. All rights reserved. 4 of 23 16 The ______protects older workers from being replaced by younger ones 1 2 3 4

1. Equal Pay Act 12/26.1 2. Fair Labor Standards Act 3. Age Discrimination in Employment Law 4. Equal Employment Opportunity Act

17 The Age Discrimination in Employment Act does not______1 2 3 4

1. Apply to employers with 20+ workers 2. Protect workers 40+ years old 12/26.1 3. Prohibit an employer from changing a job description if it will negatively impact a worker due to age 4. Allow employers to force older employees to retire based on age

18 The Age Discrimination in Employment Act applies to employers with ____+ 1 2 3 4 employees and workers ____ years and over. 12/26.1 1. 10 65 2. 20 40 3. 30 62 4. 40 40

19 The Age Discrimination in Employment Act is enforced by ______. 1 2 3 4

1. EEOC 2. EEOA 12/26.1 3. ANSI 4. NFPA 20 _____ is an insurance that provides a worker injured on the job hospitalization, 1 2 3 4 medical costs and lost wages from the jobs

1. Workers Unemployment 15/38.1 2. Respondeat Superior 3. Workers Compensation 4. FICA

21 The workers compensation program does not ______1 2 3 4

1. Require the worker to pay the costs of workers compensation benefits 15/38.1 2. Require employers to pay premiums based on the number of workers receiving benefits 3. Permit benefit amounts to be reduced if an injured worker disobeyed safety rules 4. Pay up to 26 weeks of benefits if a worker is laid off or terminated from their job

22 FMLA stands for ______. 1 2 3 4

1. Federal Medical Liability Act 13/27.1 2. Family Medical Leave Act 3. Federal Malpractice Liability Act 4. Federal Medical Licensing Agency

Regulatory/Laws 2/2 Copyright © 2005-2012 by Stan Mucinic. All rights reserved. 5 of 23 23 The Family Medical Leave Act covers employers with ___ or more employees and 1 2 3 4 allows employees ___ weeks of unpaid leave. 13/27.1 1. 20 12 2. 35 36 3. 50 12 4. 100 52

24 Employees are not entitled to Family Medical Leave for ______. 1 2 3 4

1. Pregnancy 13/27.1 2. Childbirth 3. Serious illness of family members 4. Vacation time

25 Employees are eligible for leave under FMLA if they worked ___months or ___ 1 2 3 4 hours prior to the request for leave.

1. 6 800 13/27.1 2. 12 1250 3. 16 1500 4. 24 1800

26 The Family Medical Leave Act does ______1 2 3 4

1. Require employers to provide paid leave to an employee 13/27.1 2. Require employees to pay for employee health insurance premiums while on leave 3. Allow employees to take modified leave and schedule blocks of time (i.e., work half days or take time during week to visit doctor, etc.) 4. Require workers to return to their jobs upon return from leave

27 Under the Family Medical Leave Act an employee is not ______1 2 3 4

1. Required to repay insurance premiums if they do not return to work at the 13/27.1 end of their leave 2. Required to use up accrued vacation and sick leave before taking unpaid leave 3. Allowed to take leave to care for an ill parent 4. Allowed to take FMLA leave for a divorce

28 The Family Medical Leave Act applies to employers with __ and more employees. 1 2 3 4

1. 11 13/27.1 2. 15 3. 35 4. 50

29 The Family Medical Leave Act allows employees ______weeks of unpaid leave 1 2 3 4 each year.

1. 6 13/27.1 2. 12 3. 18 4. 24

1. Provide leave for the adoption of a child 13/27.1 2. Require workers to be employed for 18 months or 1600 hours to be eligible for leave 3. Require an employer to provide paid leave 4. Does require employees to pay back insurance premiums paid by the employer if they do not return to work at end of their leave

31 The ______protects workers from being terminated or forced to retire based on 1 2 3 4 age 13/26.1 1. Civil Rights Act of 1964 2. Equal Pay Act 3. Older Americans Act 4. Age Discrimination in Employment Act

32 The Age in Discrimination in Employment Act applies to employers with ___ or 1 2 3 4 more employees. 12/26.1 1. 11 2. 15 3. 20 4. 50

33 The Age in Discrimination in Employment Act protects workers ___ years and 1 2 3 4 older.

1. 35 12/26.1 2. 40 3. 55 4. 62

34 The Age in Discrimination in Employment Act does ______1 2 3 4

1. Protect workers 40 years and older 2. Allow employers to terminate workers 40 years or older 12/26.1 3. Apply to employers with a minimum of 100 or more employees 4. Not prohibit employers from changing job descriptions of older workers

35 The ______requires an employer to advise a job applicant if a consumer credit 1 2 3 4 report will be used 1. Fair Credit Act 11/16.1 2. Equal Pay Act 3. Older Americans Act 4. Age Discrimination in Employment Act

36 The Fair Credit Act does not require ______1 2 3 4

1. An applicant be advised that a consumer credit report will be required 2. An applicant to authorize a consumer credit check 11/16.1 3. An applicant be informed if they were denied employment based on a consumer credit check 4. Employers to do a consumer credit check

1. Employment Compensation Tax 2. Workers Compensation Tax 14/32.1 3. Federal Income Tax 4. Federal Insurance Contributions Act Tax

38 ______is a federal tax to fund general revenues of the federal 1 2 3 4 government

1. Employment Compensation Tax 2. Workers Compensation Tax 14/33.1 3. Federal Income Tax 4. Federal Income Contributions Act Tax

39 ______funds the Social Security Retirement Fund 1 2 3 4

1. FICA 2. FIT 14/32.1 3. SIT 4. SSA

40 ______pays workers for hospitalization, medical costs and lost time if injured 1 2 3 4 on the job

1. State Disability Insurance 15/38.1 2. State Income Tax 3. Workers Compensation 4. State Unemployment

41 The ______is used to verify a worker’s citizenship status 1 2 3 4

1. W—2 15/39.1 2. W-4 3. I-9 4. Form 941

42 The _____ is used to determine a worker’s tax status and personal exemptions 1 2 3 4

1. W—2 2. W-4 15/42.1 3. I-9 4. Form 941

43 _____ is the last day the W-2 must be provided to employees (the last date) 1 2 3 4

1. Jan 1 15/41.1 2. Jan 15 3. Jan 20 4. Jan 31

1. 1 year or 1 year past termination 15/39.1 2. 3 years or 1 year past termination 3. 5 years or 1 year past termination 4. 7 year or 1 year past termination

45 FICA and Medicare taxes must be placed in a depository bank account by the 1 2 3 4 employer in the name of the ______.

1. Employer 14/40.1 2. Employee 3. State Treasurer 4. United States Government

46 FUTA stands for ______1 2 3 4

1. Federal Universal Tax Act 14/36.1 2. Federal Unemployment Tax Act 3. Federal Universal Transfer Act 4. Federal Uninsured Transporter Act

47 The Form 941 must be filed ______1 2 3 4

1. Monthly 2. Quarterly 15/40.1 3. Semi-annually 4. annually

48 Form 941 is used to file ______1 2 3 4

1. FICA Tax 2. Federal Income Tax 15/40.1 3. Federal Excise Tax 4. Federal Import Tax

49 F.I.T. stands for ______. 1 2 3 4

1. Federal Income Tax 14/33.1 2. Future Income Tax 3. Federal Import Tax 4. Federal Insurance Tax

50 Employers must deposit their federal unemployment taxes quarterly when the tax 1 2 3 4 totals ____ dollars or more. 15/40.1 1. $50 2. $100 3. $500 4. $1000

1. Space Defense Initiative 14/35.1 2. State institutional Insurance 3. Supplemental Disability Income 4. State Disability Insurance

52 S.I.T. stands for ______1 2 3 4

1. Special Incentive Tax 14/34.1 2. State Income tax 3. State Incentive tax 4. State Import Tax

53 The ______is used to declare marital status and calculate the number of 1 2 3 4 dependents for exemption purposes use.

1. W-2 15/42.1 2. W-4 3. W-9 4. W-11

54 Under the Clinical Laboratory Improvement Act (CLIA), nursing homes are 1 2 3 4 required to secure a ____ from the ____ to do limited laboratory testing in a facility.

1. Certificate of Need Dept of Health and Human Services 15/43.1 2. Certificate of Waiver Food and Drug Administration 3. Biowaste Disposal Certificate Dept of Environmental Regulation 4. Occupational license Dept of Professional and Bus, Regulation

55 Nursing homes that use glucometers to check patient blood sugar levels or draw 1 2 3 4 urine or blood for testing, must obtain a certificate from the Food and Drug Administration per the ______.

1. Clinical Laboratory Improvement Act 15/43.1 2. Patient Testing Act 3. Clinical Laboratory Inspection Act 4. Safe Medical Devices Act

56 The State Unemployment Compensation program is funded through the _____. 1 2 3 4

1. Federal Workers Compensation Tax Act 14/36.1 2. Federal Unemployment Tax Act 14/37.1 3. Federal Income Security Act 4. Centers for Medicare and Medicaid Services

57 An employer’s unemployment compensation insurance premiums are based on 1 2 3 4 ______.

1. The number of years in business 14/36.1 2. Number of individuals receiving unemployment benefits 3. Number of workers employed 4. Gross annual sales

1. Older American’s Act 15/36.1 2. Social Security Act of 1935 3. Civil Rights Act of 1964 4. Worker’s Compensation Act

59 The ______prohibits discrimination on the basis of pregnancy, child birth or 1 2 3 4 related medical condition

1. Civil Rights Act of 1964 13/28.1 2. Pregnancy Discrimination Act of 1978 3. Hill-Burton Act 4. Equal Employment Opportunity Act

60 The Pregnancy Discrimination Act does not ______1 2 3 4

1. Prohibit employers from refusing to hire or discriminate in hiring based on 13/28.1 pregnancy or related medical condition 2. Prohibit insurance companies from imposing additional deductibles for pregnancy related expense 3. Protect pregnant women with respect to the conditions and benefits of their employment 4. Require employers to offer and pay for abortions

61 The Pregnancy Discrimination Act does ______. 1 2 3 4

1. Protect women from wage differences 13/28.1 2. Require employers to provide maternity insurancnce benefits 3. Permit employers to deny employment to pregnant women 4. Allow insurance companies to charge higher premiums for pregnancy related expenses

62 The federal law that requires insurance plans to cover the cost of breast 1 2 3 4 reconstructive surgery due to a mastectomy is called ______

1. The Pregnancy Protection Act of 1998 13/29.1 2. Women’s Health and Cancer Rights Act 3. Robinson Patman Act 4. Family Medial Leave Act

63 Employers must retain hours and payroll data for ____ years. 1 2 3 4

1. 1 15/39.1 2. 2 3. 3 4. 4

64 The first legislation in the U.S. to pay for home health care was _____. 1 2 3 4

1. Social Security Act of 1935 16/45.1 2. Robinson-Patman Act 3. New York Old Age Act 4. Kerr-Mills Act

Regulatory/Laws 2/2 Copyright © 2005-2012 by Stan Mucinic. All rights reserved. 11 of 23 65 The ______requires an employer to freeze benefits and compensation 1 2 3 4 of employees in military service up to 90 days of discharge from active duty

1. Equal Employment Opportunity Act 16/46.1 2. Military Selective Services Ac of 1974 3. Robinson Patman Act 4. COBRA 1985

66 The ______prohibits financial alliances between nursing homes 1 2 3 4

1. Hatch Act 2. Robinson Patman Act 15/44.1 3. Stark Law 4. Wagner Act

67 The Equal Employment Opportunity Act does not ______. 1 2 3 4

1. Apply to employers of 50 or more employees 8/9.1 2. Apply to local and state government employers 3. Determines the guilt of employers in violating the Civil Rights Act 4. Enforced by the Equal Employment Opportunity Commission

68 A complaint for violations of the EEOA is filed with ______. 1 2 3 4

1. Department of Justice 8/9.1 2. EEOC 3. National Labor Relations Board 4. Department of Labor

69 The Equal Employment Opportunity Act does not allow ______1 2 3 4

1. Individuals to file complaints of discrimination with the EEOC 2. Employers who receive an EEOC complaint to respond by filing a position 8/9.1 statement 3. The EEOC to investigate complaints and issue a right to sue letter to the complainant 4. An employee to file suit in civil court without first filing a complaint with the EEOC

70 The Equal Employment Opportunity Commission cannot______1 2 3 4

1. Determine if probable cause exists that discrimination occurred 9/10.1 2. Negotiate out of court settlements but cannot determine guilt, sanctions or fines 3. Determine guilt and impose sanctions and fines 4. Require employers to display an EEOC poster

71 Adverse impact under the EEOA is found to occur if the selection rate for a 1 2 3 4 protected minority group is less than ___% of the selection rate for a majority group.

1. 25% 9/9.1(4) 2. 50% 3. 80% 4. 95%

1. Disparate treatment 9/9.1(4) 2. Adverse impact 3. Disparate impact 4. Both 1 and 3

73 Under the EEOA, employers may ______1 2 3 4

1. Require educational requirements beyond the scope of a job (i.e., a 9/9.1(5) college degree for a trash collector) 2. Require employment tests beyond the requirements of a job (i.e., reading and spelling tests for shoveling coal) 3. Require skills and aptitude requirements beyond the requirements of a job 4. Require only those skills, knowledge and educational background necessary to perform a job

74 The Equal Employment Opportunity Commission does not enforce the 1 2 3 4 ______.

1. Civil Rights Act of 1964 9/10.1 2. Age Discrimination in Employment Act 3. American with Disabilities Act 4. Newborn and Mothers Protection Act

75 The Equal Employment Opportunity Commission (EEOC) cannot ______. 1 2 3 4

1. Require employers to report employment hiring and retention records 9/10.1 2. Interview all parties to a complaint 3. Determine that discrimination occurred 4. Find an employer guilty of discrimination

76 If the EEOC finds charges are substantiated in a compliant filed under the EEOA, 1 2 3 4 and the parties cannot reconcile and settle, the EEOC can ______.

1. Revoke a facility’s Medicare and Medicaid certification 9/10.1 2. File suit on the plaintiff’s behalf in federal court 3. Issue a finding of guilt and impose sanctions and penalties 4. Fine the employer

77 If the EEOC investigates a compliant of a violation of the EEOA, and determines 1 2 3 4 no adverse impact occurred, the EEOC will issue a ______.

1. Certificate of Need 9/10.1 2. Certificate of Waiver 3. A right to sue letter 4. Findings of facts and law

Regulatory/Laws 2/2 Copyright © 2005-2012 by Stan Mucinic. All rights reserved. 13 of 23 78 Regardless of whether or not the EEOC finds probable cause that an employer 1 2 3 4 discriminated against an employee, the EEOC will issue a ______.

1. Right to sue letter 9/10.1 2. Injunction 3. Finding of guilt or innocence 4. Findings of facts and law

79 ______makes employers responsible for injuries to their 1 2 3 4 employees during the course of their employment

1. Respondeat superior 16/48.1 2. Federal Employer Liability Act 3. Civil Rights Act of 1964 4. Equal Employment Opportunity Acct

80 The ______provides funding and programs for non-institutional and non- 1 2 3 4 medical services not covered by Medicare and Medicaid for the elderly

1. Kerr Mills Act 16/50.1 2. Landrum Grifffin Act 3. Wagner Act 4. Older Americans Act

81 The Older American’s Act does not______. 1 2 3 4

1. Establish a Long Term Care Ombudsman Program 16/50.1 2. Require the Area Agency on Aging to administer the ombudsman program 3. Provide Individuals 45 and older services under the OAA 4. Provide housekeeping, meals, transportation and activities

82 The ______requires Medicare and Medicaid certified facilities to advise patients of 1 2 3 4 advanced directives.

1. Patient Self Determination Act (1990) 13/30.1 2. Taft Hartley Act 3. Kerr Mills Act 4. Older Americans Act

83 The Patient Self Determination Act does not ______1 2 3 4

1. Require residents be provided written information on advanced directives upon admission 13/30.1 2. Give patients the right to refuse or accept medical treatment 3. Permit facilities to condition admission on signing an advanced directive 4. Prohibit facilities from using their own advanced directives form

84 According to the PSDA, a facility must place a copy of______in the resident’s 1 2 3 4 medical chart.

1. Any executed advanced directives 13/30.1 2. The resident’s financial form 3. The resident contract 4. The resident’s bill of rights

1. Require a facility to honor an advanced directive 13/30.1 2. Require residents be advised of their right to form an advanced directive within 7 days of admission 3. Not require policies and procedures regarding advanced directives 4. Allow a facility to condition admission of a resident on executing an advanced directive

86 The ______is responsible for the life safety code 1 2 3 4

1. ANSI 19/63.1 2. EEOC 3. NFPA 4. OSHA

87 ______mandates the use of universal precautions in nursing facilities 1 2 3 4 7/3.12 1. OSHA 2. ANSI 3. DHHS 4. Centers for Disease Control

88 The ______requires federal contractors to establish a written affirmative action 1 2 3 4 program if they have 50 or more employees and $50k or more in federal contracts 19/66.1 1. Wagner Act 2. Military Selective Services Act 3. Rehabilitation Act of 1973 4. Executive Order 11246

89 ______requires firms with more than $10,000 in federal 1 2 3 4 contracts to have an affirmative action program to employ and advance Vietnam Veterans.

1. Vietnam Era readjustment Act (1974) 20/67.1 2. Military Selective Services Act 3. Rehabilitation Act of 1973 4. Executive Order 11246

90 The first federal law to sanction the right of a union to bargain collectively is called 1 2 3 4 the ______.

1. Railway Labor Act of 1926 16/52.1 2. Norris Laguardia Act 3. Wagner Act 4. Taft Hartley

91 The ______limited the federal court’s power to enjoin (stop) unions from 1 2 3 4 striking

1. Landrum-Griffin Act 16/51.1 2. Norris Laguardia Act 3. Wagner Act 4. Taft Hartley

93 The ______established workers’ right to organize and bargain 1 2 3 4 collectively

1. Taft Hartley 16/52.1 2. Wagner Act 3. Kerr Mills 4. Landrum-Griffin Act

94 The ______created the National Labor Relations Board (NLRB) 1 2 3 4

1. A presidential executive order in 1933 17/53.1 2. Taft Hartley 3. Wagner Act 4. Landrum-Griffin Act

95 The ______is another name for the National Labor Relations Act 1 2 3 4

96 The ______reigned in the power of the unions and to regulate their 1 2 3 4 internal activities

97 The Taft Hartley Act does not prohibit ______. 1 2 3 4

1. Unions from forcing non-union workers to join a union 17/53.1 2. Unions from forcing employers to hire workers hand picked a union 3. Unions from bargaining in bad faith with employers 4. Employers from expressing their personal views of the value of a union

98 The ______prohibits employers from coercing or interfering with workers’ 1 2 3 4 efforts to organize a union

Regulatory/Laws 2/2 Copyright © 2005-2012 by Stan Mucinic. All rights reserved. 16 of 23 99 ______is/are used by employers to coerce workers into not joining a union as a 1 2 3 4 condition of employment.

1. Union busting 16/51.1 2. Kickbacks 3. Union Steering 4. Yellow dog contracts

100 Which of the following is not true of the Taft Hartley Act? 1 2 3 4

1. Unions were prohibited from charging union members excessive dues and 17/53.1 fees 2. Unions were prohibited from coercing management into hiring unneeded workers (feather bedding) 3. Gave unions the power to decide which workers the employer may hire 4. Prohibits employers from hiring and firing workers based on their union activity

101 The Taft Hartley Act does permit employers to ______1 2 3 4

1. Attend union meetings 17/53.1 2. Express their personal views regarding the value of unions 3. Fire workers who vote for a union 4. Refuse to bargain with union representatives

102 The Taft Hartley Act does permit employers to ______1 2 3 4

1. Attend union meetings 17/53.1 2. Discriminate in hiring workers based on union activity 3. Fire workers who vote for a union 4. Take action against supervisory staff organizing a union

103 The Taft Hartley Act requires unions to provide employers ___ days notice prior to 1 2 3 4 a strike

1. 3 days 17/53.1 2. 7 days 3. 10 days 4. 14 days

104 The Taft Hartley Act does not require unions to give nursing homes ______1 2 3 4 17/54.1 1. 10 days advance notice of a planned strike 2. Priority action from the National Labor Relations Board on labor disputes 3. The right to force unions into mandatory mediation of labor disputes 4. The right to 45 days advance notice from a union of any desired changes to an existing union contract

105 In 1974, the majority of nursing homes were ______. 1 2 3 4

1. For profit 17/54.1 2. Non-profit 3. Government owned 4. Unprofitable

1. Nursing homes and unions to give the other 90 days’ notice of a desire to 17/54.1 change a contract 2. Mediation where collective bargaining reaches an impasse 3. Nursing home unions give 45 days prior notice of a strike to allow continuity of patient care 4. Bargaining units be limited to 2 (professional and nonprofessional)

107 A nursing home union must give management ____ days prior notice of intent to 1 2 3 4 strike or picket.

1. 3 17/54.1 2. 5 3. 10 4. 20

108 Nursing home unions and management must give the other ____ days notice of 1 2 3 4 the desire to change an existing contract.

1. 30 17/54.1 2. 60 3. 90 4. 120

109 To establish a union in a nursing home, the union must get _____% of the vote of 1 2 3 4 all employees in a nursing home.

1. 50% 17/55.1 2. 50% plus 1 3. 75% 4. 90%

110 ______must approve a union bargaining unit in a nursing home 1 2 3 4

1. Management 17/55.1 2. A vote of 50% plus 1 of all employed workers in a facility 3. The National Labor Relations Board 4. The National Labor Relations Act

111 The ______created the National Labor Relations Board 1 2 3 4

1. Wagner Act 17/53.1 2. National Labor Relations Act 3. Taft Hartley Act 4. Landrum Griffin Act

112 Nursing home unions are authorized to have ____ bargaining units consisting of 1 2 3 4 ____ units.

1. 2 bargaining units (management and workers) 17/55.1 2. 4 bargaining units (professional, nursing, maintenance, housekeeping) 3. 2 bargaining units (All professionals and all non-professionals) 4. 4 bargaining units (nursing, dietary, maintenance and office workers)

1. Negotiate a contract with management for wages and benefits for 17/55.1 bargaining unit members 2. Elect union officers and representatives 3. To group together workers with like interests and organize a specific union to represent their interests 4. All of the above

114 A 1994 U.S. Supreme Court ruling changed the status of nurses by ______. 1 2 3 4

1. Classifying nurses as supervisory staff and part of management and not 17/55.1 protected by the Taft Hartley Act 2. Affirming the right of nurses to organize a union 3. Designating nurses as a separate bargaining unit 4. Requiring management to bargain collectively with nurses

115 The NLRB ruling in 1984 to limit the number of bargaining units in nursing homes 1 2 3 4 has had the effect of making it ______to organize workers into a union.

1. Easier 17/55.1 2. More difficult 3. Less costly 4. More efficient

116 The National Labor Relations Board does not have the authority to ______1 2 3 4

1. Determine union bargaining units 18/56.1 2. Conduct union elections by secret ballot 3. Investigate unfair labor practices 4. Remove a manager from a facility

117 Under the Taft Hartley Act, the President of the United States has the power to 1 2 3 4 impose an injunction for ____ days of strikes or walkouts that affect the nation’s security or welfare.

1. 30 18/57.1 2. 60 3. 80 4. 120

118 The ______protects union members from their own union 1 2 3 4

1. Wagner Act 18/58.1 2. National Labor Relations Act 3. Landrum Griffin Act 4. Taft Hartley Act

119 The ______is another name for the Labor-Management Reporting and 1 2 3 4 Disclosure Act

1. Wagner Act 18/58.1 2. National Labor Relations Act 3. Taft Hartley Act 4. Landrum Griffin Act

1. The right to nominate officers for union office 18/58.1 2. The right to choose the composition and number of bargaining units 3. The right to examine union financial reports 4. The right to vote in union elections

121 The ______outlaws sweetheart deals between the unions and management: 1 2 3 4

1. Wagner Act 2. Landrum Griffin Act 18/58.1 3. National Labor Relations Act 4. Taft Hartley Act

122 An administrator may ______1 2 3 4

1. Ask a worker if they signed a union card 18/59.1 2. Ask a worker if they attend union meetings 3. Express their feelings about a union to their employees 4. Contribute money to the union

123 Management can ______1 2 3 4

1. Attend union meetings 18/59.1 2. Contribute or loan money to a union 3. Increase wages at the time a union vote is being conducted 4. Express their opinion about the value of a union

124 The main reason nursing home employees organize a union is ______. 1 2 3 4

1. Low wages 18/60.1 2. Long hours 3. Dislike of the work 4. A breakdown in communication between management and workers

125 ______do(es) not contribute to workers organizing a union 1 2 3 4

1. Poor management 2. Lack of effective supervision 18/60.1 3. High wages 4. Low job satisfaction

126 Currently, ____% of nursing homes are unionized. 1 2 3 4

1. 11% 2. 15% 19/62.1 3. 20% 4. 40%

127 The ______was organized in 1935 1 2 3 4

1. United Food and Commercial Workers 2. AFL-CIO 19/62.1 3. SEIU 4. AFSCME

129 The ______represents most workers in the nursing home industry 1 2 3 4

1. United Food and Commercial Workers 2. AFL-CIO 19/62.1 3. SEIU 4. AFSCME

130 The initials ‘SEIU” stand for ______1 2 3 4

1. State Employees International Union 2. Service Employees International Union 19/62.1 3. South Eastern International Union 4. State Employees Industrial Union

131 Non fatal employee injuries must be recorded in the OSHA 300 log within ___ days of the incident

1. 3 2. 5 3. 7 4. 10

1 2 53 2 105 2 2 2 54 2 106 3 10 days 3 4 55 1 107 3 4 3 56 2 108 3 5 2 57 2 109 2 6 3 58 2 110 3 7 3 59 2 111 3 8 4 60 4 112 3 9 2 61 2 113 4 10 1 62 2 114 1 11 3 63 2 115 2 12 1 64 3 116 4 13 1 65 2 117 3 14 1 66 2 118 3 15 1 67 3 119 4 16 3 68 2 120 2 17 4 69 4 121 2 18 2 70 3 122 3 19 1 71 3 123 4 20 3 72 2 124 4 21 4 73 4 125 3 22 2 74 4 126 1 23 3 75 4 127 1 24 4 76 2 128 2 25 2 77 3 129 3 26 1 78 1 130 2 27 4 79 2 131 3 28 4 80 4 29 2 81 3 60 and older 30 2 82 1 31 4 83 3 32 3 84 1 33 2 85 1 34 1 86 3 35 1 87 1 36 4 88 4 37 4 89 1 38 3 90 3 39 1 91 2 40 3 92 2 41 3 93 2 42 2 94 1 43 4 95 2 44 2 96 1 45 4 97 4 46 2 98 1 47 2 99 4 48 1 100 3 49 1 101 2 50 2 102 4 51 4 103 3 52 2 104 4 90 days

1 53 105 2 54 106 3 55 107 4 56 108 5 57 109 6 58 110 7 59 111 8 60 112 9 61 113 10 62 114 11 63 115 12 64 116 13 65 117 14 66 118 15 67 119 16 68 120 17 69 121 18 70 122 19 71 123 20 72 124 21 73 125 22 74 126 23 75 127 24 76 128 25 77 129 26 78 130 27 79 131 28 80 132 29 81 30 82 31 83 32 84 33 85 Date: ______34 86 35 87 Attempt # ______36 88 37 89 Score: ______38 90 39 91 40 92 41 93 42 94 43 95 44 96 45 97 46 98 47 99 48 100 49 101 50 102 51 103 52 104

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