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Questions and Answers of
Labor and Employment Law
In what situations can the states regulate picketing?Explain your answer.
What is recognitional or organization picketing?Under what circumstances is it prohibited by the NLRA?
What is primary picketing? What is secondary picketing? What factors determine the legality of picketing against neutral employers?
What is the ally doctrine? How does it affect the legality of picketing under Section 8(b)(4)?
What is a hot cargo clause? Why are hot cargo clauses prohibited by the NLRA?
Plaintiff owned and operated a supermarket in Springfield, Missouri. The defendant union neither represented, nor did it claim to want to organize, the supermarket’s clerks. Nevertheless, the union
Theater Techniques, Inc. (TTI) was a supplier of theatrical props and scenery for Broadway shows.TTI had a subcontract with Nolan Studios to paint scenery and props provided by TTI. Nolan
Local 366 of the Brewery, Bottling, Can & Allied Industrial Union called a strike against the Coors bottling plant in Golden, Colorado. Local 366 was affiliated with the AFL-CIO and received
Delta Air Lines subcontracted the janitorial work of its offices at the Los Angeles International Airport to the National Cleaning Company. National entered into a collective bargaining agreement
Shortly after the Soviet invasion of Afghanistan in 1979, the United States imposed an embargo on exports to the Soviet Union. However, some grain shipments were exempted from the
The Iron Workers Union had been engaged in organizing the employees of Stokrr’s Multi-Ton Corporation. When Stokrr’s refused to recognize the union, the union called a strike of the company’s
Caruso was sole proprietor of Linoleum & Carpet City in Spokane, Washington. He also owned a parking lot a quarter of a mile from his business.Periodically, delivery trucks blocked access to the
Zellers worked as an elevator installer; he was a member of Local 123 of the Elevator Constructors.Zellers was employed by Eggers Construction Co.and was working at a neutral construction site. The
The Truck Drivers’ Union was engaged in a primary labor dispute with Piggyback Services, Inc., a nonunion employer. The dispute began when the Santa Fe Railroad awarded Piggyback a subcontract to
Rainbow, a tour bus company based in Honolulu, provides ground transportation services to various tourist agencies in the Honolulu area. In 2006, Steven Kolt became a part owner and president of the
The United Brotherhood of Carpenters has a dispute with Brady Contracting over Brady’s use of nonunion employees on construction jobs. The union claims that Brady’s wages and benefits are below
Midwest Moving Co. is a nonunion commercial moving and storage business. The International Brotherhood of Teamsters, Local 55, has been trying, without any success, to organize Midwest’s employees.
Local 15 of the United Food and Commercial Workers Union went on strike against Gold Medal Bakery when negotiations for a new contract reached an impasse. The bakery’s cookies are sold at FoodCo
State Electric, a nonunion contractor, is doing the electrical work at the construction site of a church.The employees of a number of other contractors are also working at the construction site. The
Speedy Delivery, Inc. is a local parcel delivery service.Its drivers are represented by Local 33 of the Service Employees International Union. The Teamsters Union, Local 747 approaches the manager of
What is meant by the duty of fair representation?What standard of conduct by a union is required by the duty of fair representation? Who is protected by the duty of fair representation? What remedies
What is the union member’s bill of rights?
Can bargaining unit employees who are not union members be required to pay union dues and fees?What information must the union provide to such employees?
When can a union enforce its disciplinary rules against employees who resign from the union?When can a union restrict the right of members to resign? Explain your answers.
What restrictions are placed on union officers by the Taft-Hartley Act and the Labor Management Reporting and Disclosure Act amendments to the NLRA?
An employee joined the United States Postal Service(USPS) in 1975 as a part-time substitute rural carrier near Spokane, Washington. In 1976, the employee was given a full-time rural route. He
After being on sick leave for half a year because of high blood pressure, Owens attempted to return to work. Owens’s family physician had approved his return to work, but Owens’s employer’s
Beginning in 1973, an employer’s employees had been represented by Local P-706 of the then Amalgamated Meat Cutters Union. In December 1978, an employee filed a decertification petition in Case
The plaintiff, Joan Taschner, worked for Thrift-Rack, Inc. in its warehouse for nine years, from 1973 until September 1982. Teamsters Local Union 384 was at all times relevant to this action the
Plaintiff Feist received a Coast Guard license as a third assistant engineer in 1974 and was accepted into the applicant program of the Merchant Engineers’Beneficial Association (MEBA) in 1975.
The plaintiffs were boilermakers by trade and also union members. When boilermakers were needed on a construction job, an agreement between the parent union and participating building contractors
On February 23, 1983, Gerald Forrest, a union member, addressed to Carroll Koepplinger, president of the defendant union, a letter setting forth the basis of his objections to the December 1982
Suit was filed as a class action by ten employees of the Kroger Company. These employees claimed that Teamsters International and Teamsters Local 327, which represented their bargaining unit,
In 1983, General Motors Corporation signed a collective bargaining agreement with the International Brotherhood of Electrical Workers, under the wage provisions of which new employees joining the
Fontana, the president of the National Association of Letter Carriers, Branch 1100, attended a union seminar in Las Vegas, Nevada. Another union officer in attendance reported back to other Branch
Local 1357 of the International Brotherhood of Electrical Workers (IBEW) found Kellerman, the Business Manager and Financial Secretary of the local, guilty of spending $80,499.92 without proper
Darryl Green worked as a utility worker for National Edison, and was a member of Local 222 of the Utility Workers of America Union. The collective agreement between National Edison and the union
Martin and Harris are employed by Stith Mfg. Co., but are not members of the union that represents the Stith production workers. However, they are required to pay an agency fee to the union under the
Under a labor agreement governing construction work at jobsites in California, Steamfitters Local Union No. 342 had the exclusive right to dispatch workers to contractor Contra Costa Electric.
McKelvie was hired as a production worker by Onondaga Pottery Works. The employer has a collective agreement with the Ceramic Workers Union that contains a union shop provision.McKelvie is glad to
In what ways does the role of government as employer raise constitutional issues not found in the private sector?
Which federal employees are covered by the FSLMRA? Which federal agencies are excluded from the act’s coverage?
What restrictions are placed on the scope of collective bargaining under the FSLMRA? What procedures are available for impasse settlement under the FSLMRA?
What legal issues are raised by union security clauses in the public sector? Explain why these issues arise.
To what extent may states restrict the right of state public employees to join unions? To what extent may the right of state public sector employees to bargain collectively be restricted?
In April 1978, public employee Dorothea Yoggerst heard an unconfirmed report that her boss, the director of the Illinois Governor’s Office of Management and Human Development, had been discharged.
The Toledo Police Patrolmen’s Association is the union representing the employees of the Toledo, Ohio, police department. Several police department employees objected to the amount of agency fees
The federal Department of Health and Human Services (H&HS) decided to institute a total ban on smoking in all of its facilities. The National Treasury Employees Union, which represents the H&HS
A group of twenty community college faculty instructors in Minnesota refused to join the Minnesota Community College Faculty Association.Under state law, faculty unions were given the exclusive right
Marjorie Rowland began working at Stebbins High School in Yellow Springs, Ohio, in August 1974.The school principal subsequently asked her to resign when it was learned that she had stated she was
On September 22, 1978, all eighteen employees of the public works, fire, and finance departments of the City of Gridley, California, went on strike following the breakdown in negotiations over a new
Student Services Inc. was a nonprofit organization that operated a bookstore, bowling alley, vending machines, and other services at Edinboro State College in Pennsylvania. The Retail Clerks Union
The Combined Federal Campaign (CFC) is an annual charitable fund-raising drive conducted in the federal workplace during working hours largely through the voluntary efforts of federal
The Indianapolis city government pressed theft charges against a former employee, Michael McGraw, when his supervisor discovered that he had used the computer to keep customer lists and payment
The legislature of the state of Iowa, concerned about the proliferation of drugs in American society and their alleged availability even inside the nation’s prisons, passed a law allowing prison
The school teachers and teachers’ aides in the Syracuse City School District, in Syracuse, New York, are represented by the Syracuse United Teachers, a union affiliated with the New York State
Houseman and Harmon have a contract with the Kentucky State Police to train forensic lab specialists.The state police received a large federal grant as part of the economic stimulus package, and
The nonprofessional employees at the federal Government Services Administration Center are represented by the National Federation of Federal Employees Union, Local 144.The depot had provided
The staff auditors and clerks at the federal Internal Revenue Service Processing Center in Andover, Massachusetts are represented by the National Treasury Employees Union. During the months of
During contract negotiations, the faculty union representing the professors at Springfield State University, a public university located in Springfield, Ohio, presented the school administration with
What, if any, incentives can an employer offer employees to retire voluntarily? Can an employer require employees to waive their rights under the ADEA as a condition of receiving such
What must an employer show to establish a BFOQ under the ADEA? What other defenses are available to an employer under the ADEA?
Many ADEA suits arise from workforce reductions.What factors should an employer consider to determine which employees to be laid off?
When can an employer institute a mandatory retirement age for employees?
What must a plaintiff demonstrate to make a disparate impact claim under the ADEA? What defense can an employer raise in an ADEA disparate impact case?
Springfield Power Co. lost a major electricity customer when General Motors closed several auto factories in Springfield’s service area. Because of the loss of business, Springfield decided to
Davis, an Indiana State Police officer, resigned to take another job when he was aged forty-two. Two months later he asked to be reinstated to his old position. The Indiana State Police refused
Wholesale Grocers, Inc. is shutting down several warehouses in upstate New York. The company’s pension plan provides that employees are entitled to a nonforfeitable pension upon retirement after
Burns, aged sixty-four, and Smithers, aged thirtyeight, were applicants for the position of postmaster at the Shelbyville Post Office. Burns had been the assistant postmaster for several years, and
The city of Memphis is experiencing a budget shortfall. By abolishing the rank of captain, the chief of police demonstrates that the Memphis Police Department will save $1,400,000. Unlike promotion
Ann Lindsey and Linda York, both over forty years old, were employed as head waitresses shortly after the opening of the Cabaret Royale, an upscale gentlemen’s club in Dallas. Its facilities
The El Paso Natural Gas Company had a rule that pilots of the company’s private planes must either accept ground jobs or retire at age sixty. Pilots’ duties included night flying, visual flying,
Giles Parkinson had been Chief General Counsel for Cordmaker, Inc. for a number of years. He was nearly sixty years old. After experiencing financial difficulties and a severe downturn in business,
Gerald Woythal was Chief Engineer for Tex-Tenn Corp. He was one of the company’s original employees and sixty-two years old. His boss was Operating Manager James Carico. Carico found it difficult
Ralph Sheehan was an assistant editor at Racing Form, Inc., a publisher that prints horse racing newsletters, programs, and tout sheets. Racing Form decided to computerize its operations, which would
DeLormer is sales manager for Fast Freddy’s Auto Sales, a local car dealer selling Kia, Hyundai, and Subaru cars. Fred Fischer, the owner of Fast Freddy’s, decides to reorganize his workforce due
Rotert, age fifty-nine, worked as a mortgage processing officer. Her manager told her that her duties were being changed to those of a loan consultant and that she would be transferred to another,
The City of Rochester will not accept applications for positions with the city’s fire department and police department from persons over the age of thirty. The city also has a mandatory retirement
Kentucky’s state pension system requires that police officers who are disabled after reaching the age of fifty-five to retire and receive normal retirement benefits, while officers who become
Watkins Co. was looking to hire an administrative secretary, and after viewing the applications of various candidates, selected two applicants for personal interviews. When the manager interviewed
What is rights arbitration? What is interest arbitration?Why is arbitration used to resolve contract disputes between unions and employers?
When will a court enforce a contractual promise to arbitrate disputes over the interpretation and application of a collective agreement? When should a course refuse to enforce an arbitrator’s
What remedies are available to an employer againstworkers striking in violation of a no-strike clause? Against a union striking in violation of a no-strike clause?
When will the NLRB defer consideration of an unfair labor practice complaint to arbitration?
When is a successor employer obligated to recognize and bargain with the union representing the employees of the former employer?
An employee of the Du Pont Company’s plant in East Chicago attacked his supervisor and another employee and destroyed some company equipment all for no apparent reason. He was discharged by the
The labor contract between the West Penn Power Company of Arnold, Pennsylvania, and System Local No. 102 of the Utility Workers of America included a provision that employees engaged in the
Safeway Stores, Inc., discharged a journeyman meat cutter for disobeying an order and threatening a supervisor with physical harm. United Food and Commercial Workers Local 400 filed a grievance on
The Cleveland Press and The Plain Dealer, the two daily newspapers in Cleveland, Ohio, were part of a multiemployer bargaining group that had signed a collective bargaining agreement with the
Nolde Bros. Bakery’s collective bargaining agreement with the Bakery & Confectionery Workers Union, Local 358, provided that any grievance between the parties was subject to binding
The Grissom family owned and operated a motor lodge and restaurant franchised by the Howard Johnson Co.; they employed fifty-three employees, who were represented by the Hotel & Restaurant Employees
The underlying dispute in this case arose when Waller Brothers, which operates a stone quarry engaged in removing and processing stone and packing the stone in boxes for shipment, purchased an
HMC Management Corp., an apartment rental and management company, discharged two of its employees for substandard work performance. The employees, represented by the Carpenters Union, filed
The appellate court judge who wrote the decision of the three-judge panel in this case began his opinion as follows:Coffin, Chief Judge—This tempest has beenbrewed in a very small teapot. The
Stikes, an employee of Chevron Corp., was discharged for refusing to allow the employer to search her car under a company antidrug policy, adopted in 1984, that required workers to submit to
The employees of Robinson Ford Sales, a local auto dealer, are represented by Local 303 of the United Automobile Workers Union. Because of slumping sales, the dealership announces that it must change
West World Holding, Inc. owned an office building in Boise. The maintenance and cleaning employees for the building were represented by Service Employees International Union, Local 32, and the union
Crucible Metals Foundry makes structural steel for the construction industry, but has been losing orders because new construction has been affected by the lack of availability credit funding.
Sievers, a union steward at Spina Manufacturing Co., was fired when he filed a grievance over the employer’s change to its overtime pay policies.Sievers argued that the action was in violation of
Michaels, a police officer with the Shelbyville Police Department, was dismissed for violating the city’s sexual harassment policy. Michaels and the union representing the police officers, filed a
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