Question

For employee activity to be protected under the LMRA, the concerted activity must be for a protected purpose described in Section 7 of the Act and engaged in using lawful means.

a. true
b. false

Answer 1

The statement regarding the LMRA is true; activities must be for a protected purpose and lawful means are required. Conversely, the necessary and proper clause has expanded, not limited, the powers of the national government, making the Exercise 9.3.1 statement false.

Step-by-step explanation:

For employee activity to be protected under the LMRA, the activity must indeed be for a protected purpose described in Section 7 of the Act and must be engaged in using lawful means. Therefore, the statement is true. Section 7 of the National Labor Relations Act (NLRA), which is part of the LMRA, protects the rights of employees to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection. However, it is important to note that the protection does not cover activities that are unlawful or that violate established policies or regulations applicable to the workforce.

Regarding Exercise 9.3.1, that statement is false. The necessary and proper clause, also known as the elastic clause, has been used by the U.S. Congress to expand, rather than limit, its powers by allowing it to pass laws deemed necessary and proper to execute its constitutionally granted powers. Over time, this clause has been interpreted by courts to give Congress the ability to enact a wide range of laws.