LABOR RELATIONS

LABOR RELATIONS

This is an assessment to test your understanding of the structure of government and the administrative agency process. It is merely an example how  an unemployment insurance case would be processed to come to a final decision.

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Listed are the procedures (steps) to come to a decision in the case of Hollis Edmunds and Corbin Skilled Home Case, Inc.  The steps must be put in the correct order of when each would happen.

PLEASE NOTE:  The answers must be written out as One, Two, Three, etc. instead of entering as  number (1,2,3

Question 1

  1. Corbin Skilled Home Case appealed the decision of the Department of Labor to the administrative law judge (ALJ) at the Department of Labor.

Question 2

  1. The Commissioner of Labor appealed the decision of the administrative law judge (ALJ) to the Question 3
  1. Corbin Skilled Home Care appealed the decision of the Department of Labor Appeals Board to the New York State Appellate Division.  The case did not go to the New York State Supreme Court because there was a trial and appeal before the Department of Labor administrative law judge (ALJ) and the Board of Appeals.  Since the administrative agency held a trial and appeal, another trial is not provided.

Question 4

  1. The Department of Labor Appeals Board decided that Ms. Edmunds is an employee of Corbin Skilled Home Care, agreeing with the Commissioner of Labor.

Question 5

  1. Hollis Edmunds is a licensed practice nurse. For the past two years, she had been working for Corbin Skilled Home Care, Inc. Recently, Ms. Edmunds was told her services are no longer needed, with no explanation.  Ms. Edmunds has filed for unemployment insurance benefits since she is no longer working for Corbin.

 

 

 

Question 6

  1. The Commissioner of Labor appealed the decision of the New York State Appellate Division, that Ms. Edmunds is not an employee of Corbin Skilled Home Care, to the New York State Court of Appeals.

Question 7

  1. The New York State Court of Appeals, the highest court in New York State, decided that Ms. Edmunds is an employee.  Because this is the highest court in the state system, this is the final decision on whether Ms. Edmunds is an employee or an independent contractor. The case was sent back to the Department of Labor to determine the amount of unemployment insurance benefits Ms. Edmunds is entitled to receive.

Question 8

  1. After the claim was filed, the New York State Department of Labor determined that Ms. Edmunds, and all other LPNs, were or are employees of Corbin Skilled Home Care, Inc.  Therefore, Ms. Edmunds was entitled to unemployment insurance benefits.

Question 9

  1. The administrative law judge (ALJ) decided that Ms. Edmunds is not an employee of Corbin Skilled Home Care and therefore not entitled to unemployment insurance.

Question 10

  1. The administrative law judge (ALJ) at the Department of Labor had a hearing (like a trial) on Corbin’s appeal from the Department of Labor decision.

Question 11

  1. The New York State Appellate Division decided that Ms. Edmunds was not an employee of Corbin Skilled Home Care

Question 12

The United States constitution is the

  1. Foundation document for the state government
  2. Foundation document for the federal government
  3. Foundation document for the New York City government
  4. Defines the rights of citizens in the United States

 

QUESTION 13

The New York State Department of Labor is under which branch of government?

  1. The United States executive branch
  2. Congress
  3. The New York State executive branch
  4. The Governor

 

 

 

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