Questions and Answers of Labor and Employment Law

The collective bargaining contract between the National Machinists Union (NMU) and Life Bread Company set forth a “no fault” attendance program that assessed points for absences and tardiness
The Resort Hotel Association represents several member hotels in their dealings with the various unions that represent workers at the hotels. Every hotel hires professional musicians to play for
Carpenters, painters, plumbers, and maintenance workers of the Denver Hilton Hotel were members of the International Union of Operating Engineers (IUOE). The hotel’s five electricians were
Young, an African-American woman, sued the United Methodist Church under Title VII of the Civil Rights Act, claiming the church discriminated against her based on race and color in refusing to
INDUSTRIAL ACCIDENT When an employee is hurt and is absent as a result of an industrial accident, he/ she will not be charged with an absence. The contract provides a bonus for perfect attendance;
1. How did the Supreme Court rule in this case?2. What policy argument exists for granting federal employees, who are under investigation by their agency, the right to have active union
1. Utilizing the Chevron framework, how did the Court respond to the first question of whether Congress has “directly addressed the precise question at issue”?2. Did the Court find that the
In response to a complaint filed by an employee, OSHA dispatched a compliance officer to Genessee Valley Industrial Packaging.When the officer arrived at the shop, he was greeted by a truck driver.
De Trae Enterprises was employed as a masonry subcontractor at the Smithhaven Mall construction site in Lake Grove, New York. OSHRC found De Trae guilty of three separate violations of OSHA standards
The Philadelphia area office of the Occupational Safety & Health Administration obtained a warrant to conduct an inspection of the premises of Metal Banks of America, Inc. The OSHA area director
Carl Frost, a maintenance mechanic for the Firestone Tire Company, was told to install a temporary chute in the carbon black tower at his plant during the night shift. The chute, which was located 40
What activities can a compliance officer undertake on an inspection tour?
Distinguish between an occupational injury and an occupational illness under the OSH Act.
Under what circumstances may the Secretary of Labor bypass the formalities of OSHA and create temporary emergency standards?
What is the stated purpose of the Occupational Safety and Health Act of 1970?
1. Having bid the job based on 6-foot-wide trenches, and discovered that the gas-line obstruction would not allow use of the top trench box, was it a reasonable risk for the employer to utilize the
The UAW (union) filed a representation petition on May 15, 2000, to represent some 650 production workers at Stanadyne Automobile Corporation's plant in Windsor, Connecticut, and the Board scheduled
1. Is a successor under an obligation to hire the employees of its predecessor?2. Did the fact that there was a seven-month hiatus between the shutdown of Sterlingwale and the start-up of Fall River
1. Does an employer violate the NLRA by making a unilateral change in a “mandatory” subject of bargaining?2. Did the employer’s modification to the health care and life insurance benefits of
1. Why did the Supreme Court decide to hear the case?2. State the test the Court applied in determining whether the partial closing was a mandatory subject of bargaining.3. Did the Court conclude
1. What company action caused this complaint?2. What remedy did the Board order?3. With this decision, did the Supreme Court expand the scope of mandatory bargaining to include all subcontracting
1. State the union membership requirement under Section 8(a)(3) of the NLRA as interpreted by the Supreme Court’s Beck decision.2. What did the Court find wrong with the union spending funds, which
1. What issue was the Supreme Court called upon to resolve?2. What are the controlling principles set forth by the Supreme Court concerning the significance of employer motivation in the context of
Cindy Adams worked as a salesperson at the nonunion Wal-Mart store in Wasilla, Alaska. On March 10, 2001, while walking to the employees' break room for lunch, she met Ken Stanhope in the hallway,
Richard Wehrli was the sole or part owner of Naperville Ready Mix, Inc., T&W Trucking, and Wehrli Equipment Co., which respectively provided ready-mix concrete, hauling services, and truck repair
Tasty Baking Company (TBC) operates a plant in Philadelphia, Pennsylvania, where approximately 700 workers produce baked goods on daytime and overnight shifts. In Teamsters Union Local 115 began an
Polaroid Corporation announced the formation of an Employee-Owners Influence Council (EOIC) in January 1993 and invited all 8,000 employees to apply to serve on the committee. Some 150 employees
The Chrysler Corporation sold its marine engine division to the U.S. Marine Corporation (USM) on January 13, 1984. USM estimated, based on data provided by its marketing and manufacturing
Kathy Denaple worked in a nonsupervisory capacity at a missile component plant operated by Rockwell International. The Communications Workers of America began a successful organizing campaign among
Local 35 of the United Food and Commercial Workers Union was certified by the NLRB as bargaining representative of the employees of Fountainhead Development Corporation in July. Fountainhead operated
Four days after a three-week strike, during which strike a number of employees continued to work, the union posted Jack London's "Definition of a Scab" on the union bulletin boards on company
Since 1978, the International Association of Machinists, Lodge 1899, has been the certified bargaining representative of certain food service employees of Marriott In-Flite Services. In 1980, without
Hospitality Motor Inns began to bargain with the Hotel Employees Union after the NLRB certified the results of a representation election. A few days prior to this election, Hospitality had promoted
David Stark submitted an application to the maintenance department at Wyman-Gordon Company. Stark was a journeyman millwright with nine years' experience at a neighboring company at the time of his
Jeffrey Haight's reserve unit was called up for duty on August 23, 2004, but he was released on August 28, 2004, due to an injury. He sought his job back as a bar manager at Luckie's Lounge on
Donald Dilley worked as a truck driver for SuperValu, Inc., for approximately 18 years. He was the fifth most senior driver out of the 42 drivers on the company's seniority roster. During the course
During his tenure at Tera Advanced Services Corporation, Dan Malloy had received many warnings concerning below-average attitude and productivity, including a "final warning" and company probation in
Jenny Allen, a General Motors employee, was observed by a GM security guard at a bowling alley near the plant during working hours. Allen's supervisor and the plant labor relations manager then
The United Transportation Workers went on strike after their contract expired with Safeway Trails Bus Company. The company submitted to the union a new proposal for ratification. John Lantz, the
The management of Bill Johnson's Restaurants, doing business as The Big Apple Restaurant, informed the employees of new restrictions regarding the employees' use of the company phone, the procedure
While on an FMLA leave related to the birth of her son, Catherine Marzano was notified in writing that her position was being eliminated as a result of a reduction in force (RIF) caused by financial
Bryant is the administrator of the estate of the deceased and the guardian of the deceased's minor child. Bryant sued Wal-Mart for damages following the death of the deceased based on the theory of
1. What is a mixed-motive case? Give an example from the text.2. What remedy options exist in a mixed-motive case in which the jury determines that the employer demonstrated that it would have taken
Joe's Stone Crab Restaurant of South Miami Beach, Florida, had a reputation for hiring only male waiters. Women did not apply for waitstaff positions there because of this reputation for
1. State the facts of the case.2. May an employer close down its business for any reason it pleases?3. What remedy did the Board order?4. Summarize the rule promulgated by the Supreme Court.HARLAN,
1. What factual difference existed between the Buffalo Linen case referred to in the text and the Brown case?2. Why did the Court reverse the Board’s decision?3. What is an illegal lockout?4. What
1. According to the General Counsel’s position, why was Santillo fired by his employer?2. Why was Santillo fired, according to the company?3. Did the Supreme Court find that the Board was justified
1. Read the content of the LOA. Upon what rational basis would the employer voluntarily meet with the union and agree to the LOA, rather than insist that the UAW follow the usual Board representation
1. Assess the fairness of the following statement in light of the Pennsylvania Greyhound Lines precedent case: “An employer-dominated organization robs employees of the freedom to choose their own
1. Section 7 of the NLRA states in part, “[e]mployees shall have the right … to engage in concerted activities for the purposes of … mutual aid or protection.” The Board’s construction of
1. What exception from the search warrant requirement does the Secretary of Labor urge upon the Court as justification for OSHA’s warrantless searches?2. How does the Secretary of Labor respond to
1. Was the supervisor’s order to perform maintenance duties on the old section of the screen contrary to the company’s directive not to step on the screen or the angle iron supporting the
1. Summarize the facts of the case.2. Can a standard issued by the Secretary of Labor displace the statutory general duty standard?3. If an employer knows that a specific standard will not protect
Clara Watson, who is black, was hired by the Fort Worth Bank and Trust Company in August 1973 and was promoted to teller in 1976. Between 1980 and 1981, Watson applied for four supervisory jobs, but
Robert Maddox served as an assistant football coach at the University of Tennessee. The university did not know that he was an alcoholic with three arrests, two of which involved alcohol, prior to
Beverly C. was fired from her position as a clerk-typist for county government in Maryland because of outbursts and rude behavior directed at her supervisors. She had a manic-depressive disorder and
Excellent Lumber Milling Corporation has created light-duty assignments for three disabled workers seriously injured on the job when they could no longer perform their regular duties as a result of
1. What is byssinosis?2. Did OSHA demonstrate that the Cotton Dust Standard was reasonably necessary or appropriate to protect employees against a significant risk of health impairment as required by
Maria Tayag worked at the Lahey Clinic Hospital and qualified for FMLA leave. Her husband Rhomeo suffers from serious medical conditions, and Maria looks out for him: transporting him to medical
William Lowary was a geography teacher in the Lexington, Ohio, local school system. The Lexington Teachers Association (LTA) was the exclusive bargaining representative for all teachers employed by
The New York City Police Department was a recipient of federal funds subject to the Rehabilitation Act of 1973. When Officer Heron, a three-year veteran of the department, began having attendance
Mr. A, president of NATCA Local No. 90, while engaged in union activity, asserted to his supervisor, Mr. B, that the staffing level for the upcoming shift was insufficient under the CBA. Mr. B
The First Alabama Bank of Montgomery was a party to various contracts with the United States in which it agreed to be bound by the terms of Executive Order 11246. The bank formulated an affirmative
1. Did Wachovia offer Serricchio reemployment at terms comparable to the terms of his employment before going on military leave?2. Did the court determine that Wachovia acted willfully and thus was
1. What significance is applied to classifying front pay as appropriate “equitable relief” rather than as “damages” in the calculation of liquidated damages?2. Calculate the proper amount of
Are individuals who are perceived as having handicaps, but in fact either have recovered from the disability or are not handicapped, covered by the Rehabilitation Act of the ADA?
Are all workers with occupational injuries protected by the ADA?
In 1985, a U.S. district court approved an affirmative action plan for the Washington, D.C. (D.C.), fire department which required that 60 percent of new hires be black. D.C. itself was predominantly
The City Council of Vernon, California, enacted a resolution that unilaterally prohibited city employees from maintaining personal property with city property. The resolution was specifically
New Hampshire's Public Employee Labor Relations Act included a section, RSA 273- A:13, that stated: "Strikes and other forms of job action by public employees are hereby declared to be unlawful."
Rule 54A of the Rules and Regulations of the Chicago Police Department prohibited "the joining or retaining membership in, or soliciting other members to join any labor organization whose membership
Michael Murphy, a member of the Postal Workers union, was employed at the San Francisco Bulk Mail Center. Murphy arrived at the center for his 9:00 AM shift one morning and observed a group of his
Is the right of state and municipal employees to bargain impeded by having no legal right to strike? What substitutes do the laws provide?
What remedies may the FLRA employ once it determines that an unfair labor practice has occurred?
The New Bedford Police Department required all police officers, both male and female, to satisfy a 5-foot-6-inch minimum height requirement. Maria Costa wanted to become a police officer. She had
Is the FSLMRS’s impact on the federal sector comparable to the NLRA’s impact on the private sector? Explain.
Manual Lerma, a Mexican-American, responded to an advertisement announcing the availability of a custodial position at the Harlingen, Texas, post office. The applications were independently rated.
1. Can ordinary diseases of life be compensable as an occupational injury or disease under a workers’ compensation act?2. Based on a “common-sense viewpoint of the average person in society”
How has the federal government provided for bargaining rights for federal employees?
1. Assess the extent of the accommodations the employer made to allow Ciha to be able to return to work.2. Because Bradley Ciha suffered no loss of earnings, how can he be considered 80 percent
If the program referred to in Adarand Constructors, Inc. v. Pena had reserved a percentage of highway work for "disadvantaged subcontractors" and instead of using "race-based" presumptions to
1. State the issue before the court.2. Why did the Hallimans bring an action for damages in a court of law when Halliman was clearly entitled to benefits under the workers’ compensation law?3. When
1. What was the “free rider” problem the union and Board of Education tried to resolve?2. Would not a rebate equal to the amount improperly expended resolve the nonmember employees’
1. Pam Huber sustained a permanent injury while working for Wal-Mart and could no longer perform her order filler job. The parties agreed that she was qualified for the vacant router position,
On what authority do federal agencies require bidders on government contracts to formulate and carry out affirmative action plans?
What guidelines did the Weber Court set forth for permissible affirmative action plans?
1. What was defendant DeLury’s role in the dispute?2. What action did the lower court take against the defendant and the union for violating the preliminary injunction?3. In Professor Taylor’s
What remedies are available to individuals charging discriminatory employment practices?
1. Do strikes by public employees result in public employers making extraordinary concessions?2. State the rule of the case.[Since 1973, the district and Local 660 have bargained concerning wages,
1. How does the Court answer the question “Does the ADA require an employer to assign a disabled employee to a particular position even though another employee is entitled to that position under
1. Why did the plaintiff bring a Section 1981 claim rather than rely on a Title VII claim?2. Can a Section 1981 claim encompass a charge of discrimination by one Caucasian against another?3. Did the
1. Did Horgan’s complaint establish a disability under the first prong of the Act’s definition of disability?2. Did the facts asserted in Horgan’s complaint establish a disability under the
1. Summarize the evidence supporting the finding by the FLRA that the air traffic controllers national union participated in a strike in violation of Section 7116(b)(7).2. Was revocation of PATCO’s
1. Did the OFCCP violate the Fourth Amendment rights of the plaintiff, a government contractor, against an unreasonable administrative search by the federal government?2. Are sanctions issued against
1. How did the Supreme Court majority respond to the court of appeals’ determination that the EEOC’s remedy options were limited to injunctive relief in a situation where an employee signed a
1. Are extremely overweight individuals protected under the Rehabilitation Act from discrimination based on their morbid obesity?2. Can a person be considered as having a disability and thus be
1. Can the parties mutually agree to have a court vacate, modify, or correct an award under the FAA when the arbitrator’s conclusions of law are erroneous?2. What did the Court mean when it stated
1. Is the EEOC’s role in combating age discrimination dependent on filing an age discrimination charge?2. Did Congress intend to preserve an individual’s right to a judicial forum in an ADEA case
1. Did the district court determine that the decision to rescore the components of the exam was not a race- and gender-conscious act?2. How did the Commission’s decision to rescore the components
1. This high-profile case was initiated under the EEOC’s Systemic Class Action Program, with an EEOC commissioner publicly commenting on the EEOC’s suit against Peoplemark. Review the facts to

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