1. Set out the two-part test the court employed to determine whether Diamond Walnut violated the National Labor Relations Act by discriminating against its employees because of their participation in protected union activities.
2. Explain why the court found that Munoz had been wronged by Diamond but Miller had not.
3. a. How would you vote on federal legislation banning the practice of permanently replacing economic strikers? Explain.
b. Is there any reason to distinguish between economic strikers and unfair labor practice strikers? Any reason not to do so? Explain.
4. A pilots’ union, Airline Professionals Association, had a collective- bargaining agreement (CBA) with freight carrier Airborne Express (ABX). The union and ABX had a dispute about time-off provisions in the CBA. The union applied pressure to ABX by asking all pilots not to bid on open flying time not covered in the regular monthly schedule. ABX says it lost jobs due to the lack of pilots and filed a complaint saying the union was engaging in an illegal strike. A district court agreed with ABX, and the union appealed. Decide the case. Explain.
After nearly 14 years of bitter struggle, the Diamond Walnut strike was settled in March 2005. The settlement allowed strikers to return to work with full seniority and benefits, although many of them had already returned to Diamond Walnut or had moved to other jobs.