Questions and Answers of Labor and Employment Law

1. State the facts that led Kaiser to contract with the union concerning the affirmative action training program.2. What did the Court state was the question before it?3. Do you believe that the
Irene Grace became the store manager of a Family Dollar store and was paid a salary of $655 per week starting in 2002. She worked 50-65 hours per week. She resigned in 2004, and sued the employer for
Noreen Nee began working for the New Life Mission (New Life) in August 2000 as a behavioral specialist. She worked with students who had behavioral and emotional problems, transported them to and
The Fort Halifax Packing Company closed its poultry packaging and processing plant and laid off its employees. The director of Maine's Bureau of Labor Standards, Daniel Coyne, filed suit to enforce
The American Friends Service Committee (AFSC) is a Quaker organization that employs some 400 individuals in charitable and relief work. The Immigration Reform and Control Act prohibits employers from
Workers at the Greeley, Colorado, beef processing plant of Monfort, Inc., are required to spend time before and after their shift putting on and removing special safety equipment and at the end of
Mester Manufacturing Company makes furniture at facilities in San Diego, California. INS Agent Shanks made an educational visit to the facilities in July 1987. On September 2, 1987, INS agents
Knifepersons performed butchering operations at King Packing Company. Various knives and three types of electric saws were used in the butchering operation. Some of the knives were furnished by the
Under IRCA verification procedures, may an employer insist that a prospective employee with a foreign accent produce either a certificate of naturalization or an alien registration card?
1. What business purpose is served by the L-1 visa program?2. Does the INA impose the burden of proof on the transferee and his or her employer to demonstrate that the transferee’s responsibilities
A plant-closing law entitles employees to a 60-day notice of the closing of the plant. Present an employer’s view of such a law. Present an employee’s view of such a law.
1. Does the IRCA expressly preserve some state powers dealing with the employment of unauthorized aliens from federal preemption?2. What was Congress’s objective in authorizing the development of
1. May an individual receive unemployment benefits if that individual voluntarily left work with good cause?2. What analysis must the commission and reviewing courts pursue in order to determine if a
Michael Paolella was employed as sales manager for Browning-Ferris (BFI) with responsibility for a district in Delaware. When the state's Solid Waste Authority announced plans to raise disposal rates
Hewlett-Packard has an employee manual called The H-P Way that states the corporate philosophy of "belief in people." The manual stated the company goal "to provide job security based on their
1. What Section 7 guarantee does the Court stress in its opinion?2. Does the Court’s opinion give an unlimited right to an employee to have a union representative present when the employee is being
1. Did either Alden or Bates have the 100 employees necessary for the WARN Act to apply?2. Were the shutdowns caused by “business circumstances that were not reasonably foreseeable” as of the
1. What test does the Secretary of Labor’s regulations apply in determining whether on-call status is compensable work time?2. Explain what the court means when it refers to “that weasel word
1. What is the purpose of the H-2B visa program?2. May an employer pass along to employees expenses for goods and services that are “primarily for the benefit or convenience of the employer” and
“A”, a customer service employee at a Wal-Mart store in Oklahoma posted on his Facebook page while off duty “Wuck-Falmart! I swear if this tyranny doesn’t end in this store they are about to
1. Did the Court agree with Jutla’s contention that the Supreme Court’s Hoffman Plastics decision precluded the plaintiff from bringing the FLSA anti-retaliation lawsuit against it?2. How does
Union organizers Dooley and King applied for driver positions at Casino Ready Mix, Inc., a nonunion operation in Las Vegas, Nevada, in response to Casino’s advertisement for drivers. Both wore
Lynn Breininger filed suit under Section 301 against his union, the Sheet Metal Workers' Union, asserting that the union violated its duty of fair representation to him by discriminating against him
Michael’s Painting Co., Inc., of Van Nuys, California, became aware of an organizing campaign by the Painters Union in late March 1998. On March 27, the company employed 12 painters, with some 22
1. In Albemarle, did a showing that the employer had not acted in bad faith relieve the employer from a back pay obligation?2. Why did the district court in Albemarle refuse to order a back pay
Kerry Ellison worked as a revenue agent for the Internal Revenue Service (IRS) in San Mateo, California. Sterling Gray's desk was 20 feet from Ellison's desk, two rows behind and one row over.
Local 11 of the Hotel and Restaurant Employees International Union was the collective bargaining representative for hotel, catering, and food service employees in the Los Angeles area. Local 11
Under an oral contract of indefinite duration, Marlene S. Gates worked as a cashier for Life of Montana Insurance Company for more than three years prior to October 19, 1979, when she was called in
Melvin Nance was chairman of the fair employment practices committee for the UAW Local 212 at a Chrysler Corporation plant. In his capacity as chairman, he filed a charge with the NLRB, alleging that
The unionized employees of Duo-Fast Corporation were scheduled to vote in a decertification election on June 15 to determine whether Teamsters Local 210 would continue to be their bargaining
The Communication Workers Union sought to represent certain service employees of Electro Protective Corporation as part of a communications craft bargaining unit. The company sells, installs,
Hasbro Industries maintains a printing division at its main plant in Pawtucket, Rhode Island. The Graphic Arts International Union notified Hasbro and the Board that it had obtained authorization
The Saint Joseph News-Press publishes a morning newspaper in Saint Joseph, Missouri. Haulers pick up the bundled papers at the plant and bring them to common drop points, where carriers pick them up.
The Executive Board of Pressmen's Union Local 4 requested union members Gil Fouler and Mike Tenorio to appear before it during its investigation of a barroom fight they had been in with another union
Bartenders Union Local 165 operated an exclusive hiring hall from which it referred all bartenders employed by hotels belonging to the Nevada Resort Association. William Dickson, a bartender who
The Executive Board of Theatrical Stage Employees Local 44 voted unanimously to expel local president James Myers from membership for allegedly accepting a $100 bribe from a prospective union member.
Three members of the Dallas area local of the American Postal Workers Union asked the Secretary of Labor to set aside a union election, pursuant to Section 401(e) and Section 402(b) of the LMRDA. The
Kay Rollinson had long been an outspoken critic of the leadership in Local 879 of the Hotel Employees Union. After a local election in which she was elected vice president, Rollinson filed charges
Kay Rollinson had long been an outspoken critic of the leadership in Local 879 of the Hotel Employees Union. After a local election in which she was elected vice president, Rollinson filed charges
The facts before the Board when it made its decision are: The Firestone Tire and Rubber Company employs 15,000 production and maintenance employees in 11 plants across the nation. All production and
One Monday, a labor organization affiliated with the International Ladies Garment Workers Union began an organization drive among the employees of Whittal & Shon, Inc. On the following Monday,
The Health Care Institution (HCI) maintained a no-solicitation rule, which, on its face, prohibits solicitation for any purpose during working time and in immediate patient care areas. Before and
In February 2009, AT&T telephone technicians represented by the Communication Workers of America union (CWA) and the company began negotiations for a collective bargaining agreement to replace a
In July 1999, the Seattle Mariners baseball team moved from the King Countyowned-and-operated Kingdome to newly constructed Safeco Field and hired 450 employees, some of whom were previously employed
1. Comment on Wedtech’s concern that the employees would select a union that would engage in arm’s-length bargaining.2. Under what circumstances may two separate enterprises become a singular
What reporting requirements are contained in the federal laws regulating unions?
What financial responsibility does a union have at law? Where does this liability rest?
How are union members given protection by the law from unfair or arbitrary treatment by union officers or a union majority?
Wurtland Nursing, a rehabilitation center, withdrew recognition of the S.E.I.U. Local 1199 after it received an “RD” petition signed by a majority of employees in the unit that stated the
1. Was Varity acting as a fiduciary at the special meeting held with workers, or was it acting as an employer giving an optimistic view of a new venture?2. Did Varity’s deception violate
Review the Town & Country decision and the text materials in Section 4:7, setting forth the Board’s FES framework for analyzing refusal-to-consider and/or hire cases and the Toering Electric
1. What is the basic objective of Title IV of the LMRDA?2. What does the Court focus on in finding the meeting attendance rule invalid?3. How does the union defend the rule?[A provision of the
1. Does federal immigration policy, as expressed in the IRCA, preclude the Board from awarding back pay to an undocumented alien who has never been legally authorized to work in the United States?2.
1. Why did the employers rather than Schoux and Choate file the Section 8(b)(1)(B) unfair labor practice charges?2. When is discipline of a supervisor-member prohibited under Section 8(b)(1)(B)?3.
1. What is the “tripartite” standard announced in Vaca v. Sipes that applies to a union’s duty of fair representation in contract negotiations?2. When is a union’s conduct in relation to
1. May an individual employee compel his or her union to progress his or her grievance to arbitration when the employee is convinced that he or she has been wrongfully terminated?2. What discretion,
1. Summarize the facts of the case.2. What is a checkoff? How important is it to a union?3. What is the issue before the Supreme Court?4. What was the Supreme Court’s decision on this issue?BLACK,
1. Does a union have the general democratic right to favor loyal members and disfavor disloyal members when negotiating collective bargaining agreements with an employer?2. Was the IAM able to prove
1. Summarize the Cumberland Shoe doctrine.2. What did the Supreme Court say about the Board’s Cumberland doctrine?3. Did the Supreme Court hold that the Taft- Hartley amendments limited an
1. What is the rationale for the Shopping Kart–Midland National Life Insurance decision?2. Was the employees’ right to free and fair choice affected by the focus sentence beginning with “THE
1. State the basis of Sinclair’s challenge to the Board’s decision.2. Discuss the free speech differences between a union representation election and the election of a legislator or the enactment
On October 2, 2007, a federal district court jury awarded Anucha Browne Sanders, the former senior vice president of the New York Knicks basketball team, $11.6 million in punitive damages against the
When the Strand Theatre of Shreveport Corporation’s collective bargaining agreement with its union expired, the theatre refused to bargain with the union over a new contract. Under basic contract
1. Is “good faith doubt” a sufficient basis for an employer to withdraw recognition from a union?2. What action should Parkwood have taken in view of the conflicting petitions, the first one
United Mine Workers of America, District 28, engaged in a protracted labor dispute with the Clinchfield Coal Co. and Sea “B” Mining Co. over alleged unfair labor practices. In April 1989, the
The National Electrical Contractors’ Association (NECA) is a national trade association composed of electrical contractors. NECA negotiates a nationwide collective bargaining agreement with the
1. Was it proper for the director of human resources to prepare fliers responsive to employee inquiries as to how to decertify the union?2. Evaluate the effects of the adverse decisions of the NLRB
May the National Labor Relations Board obtain injunctive relief against unions in light of the Federal Anti-Injunction Act?
1. State the Board’s guidelines for withdrawal from multi-employer units as set forth in Retail Associates.2. Is an impasse in bargaining in a multi-employer unit an unusual circumstance justifying
What is the present status of the so-called yellow-dog contract?
What three early common law doctrines were applied to labor organizations?
1. Identify the “non-statutory labor exemption” and explain its significance.2. Did the non-statutory labor exemption from the antitrust laws expire upon the parties reaching bargaining
1. Did Hendricks argue before the Supreme Court that all employees who may have access to confidential business information are impliedly excluded from the definition of “employee” in Section
1. Must there be a duly certified union in order to have a “labor dispute” under the Norris- LaGuardia Act?2. Did the “labor dispute” between the players and the League disappear when the
1. What purpose was pursued by the United Hatters?2. What pressure methods did the American Federation of Labor and the United Hatters exert?3. State the rule of the case.The substance of the charge
Patricia Baty was hired by Willamette Industries, a Kansas City corrugated box plant, in October, and coworkers immediately began making sexual comments to her. She reported these incidents to her
1. Whom did the Union seek to represent in one bargaining unit?2. Discuss the differences between the various classifications of service persons.Employer, who is engaged in furnishing protective
1. What agreement did the Hitchman Company ask its employees to abide by?2. At the time of this case, what states were mining coal on a closed-shop basis?3. What is a closed shop?4. Were the
1. Was the picketing peaceful or tainted with violence?2. What was the scope of the court’s injunction?3. In his classic dissent, how does Justice Holmes justify the infliction of injury by a labor
1. Must the Regional Director follow the precedents established by the Board, or may a Regional Director from time to time make a newand novel representation ruling with a regional perspective for
1. What is the meaning of the term “noncoercive speech” widely referenced in the Court’s opinion?2. Preemption under the Machinists rule forbids both the NLRB and the states from regulating
1. What was the “manifest intent” of the labor organization in the case?2. How does the court define a criminal conspiracy?3. State the rule of law developed by the court.The general rule of the
Hooters Inc. is an Atlanta-based restaurant chain with more than 170 locations. The company hires only female waitresses. Hooters states that "a lot of places serve good burgers. The Hooters Girls,
1. How did the court view the combination of workers with respect to their intent?2. Did the court find the continuance of the withholding of labor attributable to a combination?What is the case now
1. Summarize the essential facts of the case.2. Did the city’s action add restrictions where Congress intended that none should exist?[While Golden State’s application to renew its franchise to
1. State the issue before the Supreme Court.2. What was the Court’s decision on the issue?3. Identify the faculty powers and functions that the Court majority deemed “managerial decisions.”4.
1. Why did the NLRB decline jurisdiction?2. According to the Court, to which body did Congress entrust the administration of national labor policy?3. What is the basic premise behind the Court’s
1. What factors did the Board rely on in making its decision?2. Did the Supreme Court approve the NLRB’s rationale?3. Did the Supreme Court offer direction to employers on how to deal with problems
1. Is religious training mandatory at all of the schools in question?2. Does the Court see inevitable church-state entanglements if the Board were allowed to exercise jurisdiction over teachers in
1. What action did the Board take after investigation of the charges?2. Did the court of appeals uphold the Board? On what ground?3. Does the NLRA compel agreements between employers and
Sandra Shope had worked as chief of county housing services in Loudoun County, Virginia, for some six years when Timothy Krawczel was made her boss. Shope testified that Krawczel pounded his fists on
Glenwood H. MacDougal, chairman of the Office Occupations Department at Northern Maine Vocational Technical Institute in Presque Isle, claimed that over a one-year period, he received in the mail
DiMillo's Floating Restaurant on Long Wharf, Portland, Maine, ran a help wanted ad in the Portland Press Herald, which read in part:Bartenders/Cocktail Service, Experienced Only. Applicants must be
Five years after Kathy Small began her employment with Spring Industries, the company distributed an employee handbook to all employees setting forth the company's termination procedure. It outlined
Mercy Health Center in Oklahoma City, Oklahoma, was a hospital that provided extensive medical services, including obstetrical and gynecological care. The labor and delivery area of the hospital
List the four types of exceptions to the classic employment-at-will rule.
1. Was there respondeat superior liability in this case?2. Should National have reasonably known about Livigni’s “violent-related” problems? If so, did it act negligently in retaining him as an
1. Did Nettie’s control or have the right to control Ferry at the time of the collision?2. Is not the fact that Ferry, just prior to the accident, had gone to a pawn shop compelling evidence that
Sambo's Restaurants maintained a uniform grooming policy concerning each of its more than one thousand establishments nationwide. The policy forbade restaurant managers and other restaurant personnel
1. Review the wording of the noncompete agreement as to duration and territory. Is it unreasonably restrictive on McCarthy?2. Was the restraint reasonably necessary to protect Nike’s

Showing 100 - 200 of 341