Exam 17: The Enforcement And Administration Of The Collective Agreement

In Major League Baseball Players Association v.Garvey,the Supreme Court emphasized that even when the court vacates an arbitration award,the court:

The dispute regarding payment of wages between the West Coastal Company and its union was referred to a neutral arbitrator.The arbitration created a new agreement stating the terms and conditions of payment of wages.This is an example of a(n) _____ arbitration.

What happens to the financial obligations of a corporation when it files a petition for the protection of the bankruptcy laws?

According to the amendment of the Bankruptcy Code to deal with the rejection of a collective agreement,the bankruptcy court is required to hold a hearing on the employer's petition within _____ days.

In NLRB v.Bildisco & Bildisco,the Supreme Court held that an employer who files for reorganization under Chapter 11 of the Bankruptcy Act does not violate Section 8(a)5 by unilaterally changing the terms of the collective agreement:

In Teamsters Local 174 v.Lucas Flour,the Supreme Court held that a no-strike clause will be implied by the court,even when the agreement itself is silent on the matter,if the agreement contains a(n):

In _____,the Supreme Court held that the court is required to enforce the arbitrator's decision unless it is clear to the court that the arbitrator has exceeded the authority given to him or her by the collective agreement.

According to the NLRB,an employer unilaterally abrogating an agreement _____ is guilty of violating Section 8(a)(5) of the NLRA.

Describe the limitation to allowing damage suits for breach of no-strike clauses.

The Efficient Motor Company terminated 15 employees without giving any prior notice,breaching a contract with the union stating that a notice period of 30 days be given prior to termination.In this case,the labor union can institute a suit under Section 301 of the NLRA against the employer before the:

The bankruptcy court is required to issue its determination on the rejection issue within a period of _____ days after the hearing.

In John Wiley & Sons,Inc.v.Livingston,the Supreme Court held that the successor employer must arbitrate a grievance arising under the collective agreement where there was a _____ of identity in the business enterprise.

In early 2012,the Acting General Counsel of the NLRB recently announced a significant change to the NLRB deferral policy.Under this doctrine,so long as an alleged violation of the Act is covered by the parties' grievance-arbitration agreement,the Board will _________ a meritorious unfair labor practice charge to the parties' contractual grievance-arbitration procedure if certain conditions are met.

Belk Software Company and the union of the company,entered into an agreement with a no-strike clause.Later,the union stated that it was not clear about the terms and conditions incorporated under the agreement.The union requested that the employer reconstruct the agreement,but the employer refused.Subsequently,the union decided to go on strike.In this scenario,what is the remedy available for the employer?

What conditions should be met by an employer petitioning for bankruptcy protection to reject the collective agreement?

Elle Chemicals Inc.dismissed 15 employees without notice,which was contested by the union as an unfair labor practice.The company justified the action stating disciplinary reasons.The union and the employer decided to refer this matter to a neutral adjudicator to resolve instead of going for litigation.The neutral adjudicator in this scenario can be referred to as:

A successor employer who discriminatorily refuses to rehire the unionized employees from the prior firm violates _____,according to Planned Bldg.Servs.Inc.

In Fall River Dyeing & Finishing Corp.V.NLRB,the union requested the petitioner to recognize it as the bargaining agent for petitioner's employees and to begin collective bargaining.The petitioner refused the request,stating that,in its view,the request had "no legal basis." The union filed an unfair labor practice charge with the Board,alleging that in its refusal to bargain,the petitioner had violated Section 8(a)(1) and (5) of the:

In Textile Workers Union of America v.Lincoln Mills of Alabama,the Court noted that the _____,which restricts federal courts issuing injunctions in labor disputes,does not apply to suits seeking to order arbitration under Section 301.

How does an arbitration clause affect the right of individual employees?