Deck 17: The Enforcement and Administration of the Collective Agreement

Question 1

The bankruptcy court is required to issue its determination on the employer rejecting a bargaining agreement within thirty days after its hearing.

Answer 1

True

Question 2

Section 301 of the National Labor Relations Act does not allow damage suits for breach of no-strike clause in a collective agreement.

Answer 2

False

Question 3

The parties generally incorporate arbitration as the final step of the grievance procedure.

Answer 3

True

Question 4

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.

Question 5

An implied no-strike clause does not cover any dispute that is subject to arbitration under the agreement.

Question 6

A court can enjoin a strike without running afoul of the Norris-La Guardia Act if the strike is one in which the issues are subject to arbitration under the agreement, according to Boys Markets, Inc. v. Retail Clerks Union, Local 770 .

Question 7

A successor employer cannot be held liable for the remedy of an unfair labor practice committed by the old/previous employer.

Question 8

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 9

Interest arbitration replaces pressure tactics as a means to resolve the negotiating impasse in the public sector.

Question 10

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 11

In the case of benefit provisions for retired employees, if the representative does not agree to the modification, the employer can ask the bankruptcy court to order the modification.

Question 12

If the dispute involves interpreting an existing agreement rather than creating a new one, such arbitration to resolve is known as rights arbitration.

Question 13

The provision of 11 U.S.C. Section 1113 applies to employers under the National Labor Relations Act and not to the employers covered under the Railway Labor Act.

Question 14

When a corporation files a petition for the protection of the bankruptcy laws, the financial  obligations of the corporation are suspended pending the resolution of the issue by the bankruptcy courts.

Question 15

_____ 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 16

After 1980, the cost of retiree benefits known as " legacy costs" became a significant financial burden on the employers.

Question 17

California law requires that employers pay discharged employees all wages owed to them immediately at the time of the discharge.

Question 18

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 19

Suits under state law alleging bad-faith handling of a disability benefits claim are not preempted by Section 301 of the National Labor Relations Act.

Question 20

The neutral adjudicator for an arbitration proceeding shall be appointed by the federal judge.

Question 21

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 22

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 23

This court decision held that the arbitration clause of a collective agreement must contain a "clear and unmistakable waiver" of the individual employee's rights to sue in order to waive the individual employee's right to sue over employment discrimination claims.

A)Wright v. Universal Marine Supply
B)14 Penn Plaza v. Pyett
C)Steelworkers Trilogy case
D)None of these answers

Question 24

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 25

The court held in this decision that employees were required to arbitrate their age discrimination claims.

A)Wright v. Universal Marine Supply
B)14 Penn Plaza v. Pyett
C)Steelworkers Trilogy case
D)None of these answers

Question 26

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 27

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 28

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 29

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 30

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 Petro leum
D)Road & Rail Services, Inc.

Question 31

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 32

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 33

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 34

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 35

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

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

Question 36

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 37

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 38

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 39

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 40

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.

Question 41

Who can file grievances under the collective agreement?

Question 42

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 43

Compare and contrast rights arbitration and interest arbitration .

Question 44

Discuss the applicability of interest arbitration.

Question 45

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 46

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

Question 47

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 48

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 49

Define grievance process.

Question 50

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

Question 51

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 52

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

Question 53

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

Question 54

What are the advantages of arbitration proceedings?

Question 55

Discuss the no-strike clause.

Question 56

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 57

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 58

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 59

Define rights arbitration.

Question 60

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 61

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

Question 62

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

Question 63

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.