Deck 17: The Enforcement And Administration Of The Collective Agreement

Question 1

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

A) the arbitrator.
B) the government.
C) the court.
D) both the parties.

Answer 1

B

Question 2

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?

A) Injunction
B) Punitive damages
C) Liquidated damages
D) Writ of certiorari

Answer 2

A

Question 3

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) an arbitrator.
B) the independent jury.
C) the third party jury.
D) a compliance officer.

Answer 3

A

Question 4

In Eastern Associated Coal Corporation v.United Mine Workers of America,District 17,James Smith worked for Eastern as a member of a road crew,a job that required him to drive heavy trucks on public highways.In March 1996,Smith tested positive for marijuana.Eastern sought to discharge Smith.In July 1997,he again tested positive for marijuana.Eastern again sought to discharge Smith.The District Court,while recognizing a strong regulation-based public policy against drug use by workers who perform safety-sensitive functions,held that Smith's:

A) conditional reinstatement violated the public policy.
B) conditional reinstatement did not violate public policy.
C) use of marijuana amounted to substantial continuity of identity in the business enterprise.
D) use of marijuana amounted to "just cause" for discharge.

Question 5

In In re AMR CORPORATION,what section of the Bankruptcy Code was at issue?

A) Section 103.
B) Section 301.
C) Section 1113.
D) Section 1114.

Question 6

Section 301 does not authorize damage suits against individual union officials when their union is liable for violating a(n):

A) due process clause.
B) election bylaw.
C) no-strike clause.
D) commerce clause.

Question 7

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:

A) an order to arbitrate the grievance should not be denied unless it is denied with a positive assurance.
B) the arbitration clause of a collective agreement must contain a "clear and unmistakable waiver" of the individual employee's rights.
C) employee's rights under the collective agreement were distinct from the employee's statutory rights under Title VII.
D) it is the role of the courts, not that of the arbitrators, to resolve questions of whether a grievance is subject to arbitration.

Question 8

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.

A) Norris-La Guardia Act
B) Fair Labor Standards Act
C) National Labor Relations Act
D) Sherman Antitrust Act

Question 9

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

A) recruitment
B) renewal
C) termination
D) grievance

Question 10

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:

A) the union shop clause.
B) the open shop clause.
C) the bargaining agreement.
D) public policy.

Question 11

Presidential Cargo Movers Inc.entered into an agreement with its employee union to refrain from layoffs during the recession.Despite the agreement,the company decided to lay off a few of its employees.The union decided to file a complaint against the company for not living up to its obligations under the agreement.The union's action amounts to a(n):

A) in-house trial.
B) jury trial.
C) grievance.
D) arbitration proceedings.

Question 12

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):

A) litigation provision.
B) dormant commerce clause.
C) voluntary recognition clause.
D) arbitration provision.

Question 13

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:

A) Equal Employment Opportunity Commission.
B) federal and state courts.
C) International Court of Justice.
D) National Labor Relation Board.

Question 14

In Allis-Chalmers Corp.v.Leuck,the Supreme Court held that if the resolution of a state law claim depends on the interpretation of a collective agreement,then the application of the state law is preempted by:

A) federal laws.
B) accepted business practices.
C) arbitrage.
D) the NLRA.

Question 15

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

A) has a duty to arbitrate that continues after the expiration of the agreement if the grievance arises under the agreement.
B) may refuse to enforce an arbitration award only if the award violates "explicit" public policy.
C) should refuse to enforce an arbitration decision that violates the law.
D) must remand the issue back to arbitration for resolution rather than settling the merits of the dispute.

Question 16

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.

A) persuasive
B) interest
C) mandatory
D) rights

Question 17

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

A) health and safety measures at the workplace.
B) violations of contracts.
C) ex parte agreements.
D) unfair labor practices.

Question 18

_____ is the settlement of disputes by a neutral adjudicator chosen by the parties to the disputes.

A) Voluntary recognition
B) Adjudication
C) Internal remedy
D) Arbitration

Question 19

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.

A) United Steelworkers v.Enterprise Wheel & Car Co.
B) United Steelworkers of America v.Warrior & Gulf Navigation Co.
C) Kennedy v.Superior Printing Co.
D) Teamsters Local 174 v.Lucas Flour

Question 20

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

A) mandatory
B) conciliated
C) interest
D) rights

Question 21

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:

A) Section 7 of National Industrial Relations Act.
B) Section 8(a)(5) of National Labor Relations Act.
C) Section 9(a) Fair Labor Standards Act.
D) Section 10 of Norris LaGuardia Act.

Question 22

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

A) thirty
B) forty-five
C) sixty
D) seventy-five

Question 23

Discuss the applicability of interest arbitration.

Question 24

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.

A) defer
B) dismiss
C) strike
D) amend

Question 25

Define rights arbitration.

Question 26

Under which Section of the National Labor Relations Act are an employer and the union labor allowed to institute a suit for contractual violations?

Question 27

Define grievance process.

Question 28

In NLRB v.Winco Petroleum,a successor employer was held guilty of a refusal to bargain.The employer can be held subject to a(n):

A) summary trial.
B) bargaining order remedy.
C) union order.
D) jury trial.

Question 29

What are the advantages of arbitration proceedings?

Question 30

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.

A) subrogation
B) substantial continuity
C) misrepresentation
D) withholding

Question 31

Who can file grievances under the collective agreement?

Question 32

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.

A) ten
B) fourteen
C) twenty
D) thirty

Question 33

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:

A) Discrimination in Employment Act.
B) Occupational Safety and Health Act.
C) National Labor Relation Act.
D) Equal Employment Opportunity Act.

Question 34

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:

A) after appointing an arbitrator for the issue.
B) after reelecting the bargaining unit.
C) after filing the bankruptcy petition.
D) before signing a takeover agreement.

Question 35

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

Question 36

BDS Constructors Corp.is a construction company in North Dakota.Due to lack of availability of credit funding,the company lost most of their projects,which eventually led to bankruptcy.Under Chapter 11 of Bankruptcy Act,the employer can file for:

A) protection.
B) claims.
C) reorganization.
D) loans.

Question 37

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

A) NLRB v.Bildisco & Bildisco
B) Trafford Dist.Center v.NLRB
C) NLRB v.Winco Petroleum
D) Road & Rail Services., Inc.

Question 38

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

A) before reelecting the bargaining unit
B) after modifying it terms and conditions
C) that is under consideration of the NLRB
D) without obtaining bankruptcy court relief

Question 39

Section 1114 of the Bankruptcy Code requires that the bankrupt employer make a proposal for modification to the representative of the:

A) replaced employees.
B) NLRB.
C) retirees.
D) new employees.

Question 40

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

A) Section 8(a)(2)
B) Section 8(a)(5)
C) Section 8(a)(3)
D) Section 8(b)(1)

Question 41

How can an employer recover damages for breach of no strike clause even if injunction is not issued?

Question 42

Compare and contrast rights arbitration and interest arbitration.

Question 43

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

Question 44

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

Question 45

11 U.S.C Section 1114 creates a procedure for modification or rejection of retiree benefit obligations.Explain this statement by stating the provisions covered under Section 1114.

Question 46

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

Question 47

Discuss the no-strike clause.

Question 48

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