Exam 17: The Enforcement and Administration of the Collective Agreement

In Alexander v. Gardner Denver Co., the Supreme Court held that an employee who had lost in arbitration under the collective agreement was still able to bring a Title VII suit in court, stating that:

Under Section 301 of the National Labor Relations Act, an employer and a labor union may bring a suit for:

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.

What remedy is available to a party if one party refuses to comply with the arbitrator's award?

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

Following the Supreme Court's _____________ decision, Congress amended the Bankruptcy Code to deal with the rejection of a collective agreement.

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.

Compare and contrast rights arbitration and interest arbitration.

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

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.

When Texas Transformer Technology took over Gamin Services Inc., they rehired most of the Gamin employees. They also modified the existing bargaining agreement and terms and conditions of employment. This act could be a violation of:

Rights arbitration is generally used as the final step in the _____ process.

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.

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

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

Who can file grievances under the collective agreement?

When arbitration is used to create a new agreement or renew an existing one, it is known as _____ arbitration.

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:

In Groves v. Ring Screw Works, the court held that the collective agreement provided for arbitration in discharge cases only upon agreement of:

Restack is a leather company in the State of Nevada that made employee drug testing a mandatory requirement. Shaun was terminated when he failed the drug test. When a group of employees demanded Shaun's reinstatement into employment, the company refused and the matter was referred to arbitration. The arbitrator ordered reinstatement of the employee, but Restack refused to reinstate Shaun. The employees filed a suit in the court for the enforcement of arbitral award. The court may refuse to enforce an arbitration award because the award violates: