Questions and Answers of Labor and Employment Law

1. Did the Court’s decision make it easier for older workers to sue for age discrimination on the job?2. Disparate impact claims exist where an employer’s facially neutral employment practices,
James Ray, a member of the Bakery Workers Union, was employed at Cotton Brothers Baking Company. Ray, who had a history of tardiness and absenteeism at Cotton Brothers, experienced automobile
Thomas Huber, the shop steward for the Machinists Union at G&H Products, Inc., was discharged for encouraging employees to engage in insubordination. He had told employees not to fill out a new
1. Given a conversation that an employee had with her supervisor about applying for a promotion, which resulted in a question about age and a response by the supervisor when she found out that the
1. Explain the “secondary” nature of Local 164’s actions in this case which were held to be a violation of Section 8(b)(4).2. Area-standards picketing is legal. Was this a valid defense for
1. Define the term hot cargo clause.2. Why was Section 8(e) of the Landrum-Griffin Act made law?3. What test did the Supreme Court set out for determining whether the “will not handle” clause and
1. What rationale exists for the construction industry proviso allowing unions in the construction industry to negotiate hot cargo provisions in their collective bargaining agreements?2. Since United
Is a voluntary arbitration decision enforceable? If so, how?
1. What is the employer’s view as to the origin of “explicit,” “well-defined,” and “dominant” public policy that makes the agreement to reinstate Smith contrary to public policy?2. Did
1. What was the union conduct complained of by Safeway stores?2. On what grounds did the NLRB prohibit the picketing?3. How does the Supreme Court view the legality of this boycott?4. Is peaceful
1. State the Babcock rule as set forth in the majority opinion. Is the exception to the rule a broad one?2. Did the nonemployee union organizers have reasonable access to Lechmere employees outside
The Transport Workers Union of America represented flight attendants for Eastern Airlines. The collective bargaining agreement in effect between the union and Eastern included a clause requiring that
Flight attendants employed by Transamerica Airlines, Inc., and represented by the Teamsters Union went on strike over new contract terms. The Air Line Pilots Association (ALPA), the exclusive
1. Did the carrier produce evidence that the train was operating at an excessive speed considering the weight of the train? Did the Board find that the carrier met its burden of proof?2. If the train
1. Summarize the facts of the case.2. Assess the fairness of the ex parte temporary restraining order granted on March 14.3. Was the 50-foot provision justified by the state’s interest in
1. What does the Bennett Amendment provide?2. What did the employer argue was the purpose of the Bennett Amendment?3. State the Supreme Court’s decision.4. If the equal work standard were to apply,
1. Summarize the facts of the case.2. Who brought the two court actions against Corning Glass Works?3. Does the statutory term “working conditions” encompass the time of day worked?MARSHALL,
1. For the purpose of the EPA, are each of Nash Finch’s distribution centers separate “establishments”as that term is used in the EPA?2. Did the record before the court show that Ms. Renstrom
1. Do procedures exist for the executive branch to intervene in a railway labor dispute and interrupt any self-help measures that may be disrupting essential transportation services?2. Does the
1. What is the source of the arbitrator’s authority?2. What is the rationale for the “work now grieve later” principle?3. Based on the facts, could the disciplined employee have brought a
Does Section 4 of the Norris-LaGuardia Act prohibit the use of strike injunctions in cases arising under the RLA?
Were conciliation and mediation affected by the 1947 Act? If so, how?
Is compulsory arbitration constitutional?
Why did the 1966 amendments to the RLA establish special boards of adjustment?
Is compulsory arbitration constitutional?
1. Was the union’s distribution of handbills a violation of Section 8(b)(4)(ii)(B) of the NLRA?2. State the rule of the case.3. Compare the impact on neutral employers of responsive consumer action
What rights of employers are protected by the RLA?
How did the 1926 RLA improve the prior situation? How did the 1934 amendments improve the RLA?
1. Did the reserve gate system work as intended in this case?2. Does the plaintiff in a Section 303 lawsuit for damages arising from a violation of Section 8(b)(4) of the NLRA have to prove that the
1. How are employers protected under the Act from being pressured to enter prehire agreements with minority unions?2. How are employees protected from the effects of a prehire agreement in which a
Why did Congress first regulate disputes in the railway industry?
Taylor Diving and Salvage Company conducts commercial diving operations in deepwater ports in the United States from installations on the outer continental shelf and from Coast Guard-inspected
Robin Medlack, an OSHA compliance officer, was driving down Highway 32 toward Cincinnati when he observed workers at an apartment complex under construction near the roadway walking around the site
1. What workers did the pickets exclude from the plant?2. Suppose regular production workers were the only ones excluded. Would this have made a difference in the decision of the court?3. How many
1. Describe the “vendor system” of milk distribution.2. Had the union previously resorted to violence?3. What question does the Supreme Court say is before it?4. Did the Court qualify the
1. Two forums exist to resolve RLA disputes, the federal courts and arbitration. Explain the broad classification system used to determine which forum is appropriate to solve the controversy.2.
1. State the gist of Section 3448 of the Alabama Code.2. What facts gave rise to the Thornhill indictment?3. Did the Supreme Court hold Section 3448 invalid on its face?4. What defense of the statute
Paul Sund, an employee of Astra Pharmaceutical Products, Inc., was severely injured and hospitalized when a vat used in the production of chloroacetyl xylidine, an anesthetic ingredient, overflowed,
The Occupational Safety and Health Review Commission found the R. L. Sanders Roofing Company in violation of the Occupational Safety and Health Act for its failure to provide a perimeter guardrail on
While a compliance officer from OSHA was engaged in a postinspection closing conference at the Swidzinski Construction Company work site, he observed a violation of an OSHA standard that requires
In April 2002, Evelyn Coke, a domestic worker who provided “companionship services” to elderly and infirm men and women, brought a lawsuit against her former employer, Long Island Care at Home,

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