Question 1

In NLRB v.Winco Petroleum,a successor employer was held guilty of a refusal to bargain.The employer can be held subject to a(n):

Accepted Answer

A)  summary trial. 
B)  bargaining order remedy. 
C)  union order. 
D)  jury trial. 
A)  summary trial. 
B)  bargaining order remedy. 
C)  union order. 
D)  jury trial.

Question 2

What are the advantages of arbitration proceedings?

Accepted Answer

It provides a means to resolve contractu

Question 3

How can an employer recover damages for breach of no strike clause even if injunction is not issued?

Accepted Answer

When an injunction is not bein

Question 4

What remedy is available to a party if one party refuses to comply with the arbitrator's award?

Accepted Answer

When one of the parties refuse

Question 5

In Groves v.Ring Screw Works,the court held that the collective agreement provided for arbitration in discharge cases only upon agreement of:

Accepted Answer

A)  the arbitrator. 
B)  the government. 
C)  the court. 
D)  both the parties. 
A)  the arbitrator. 
B)  the government. 
C)  the court. 
D)  both the parties.

Question 6

Under which Section of the National Labor Relations Act are an employer and the union labor allowed to institute a suit for contractual violations?

Accepted Answer

Section 301 of the National Labor Relati

Question 7

Discuss the no-strike clause.

Accepted Answer

Many agreements contain no-strike clause

Question 8

When arbitration is used to create a new agreement or renew an existing one,it is known as _____ arbitration.

Accepted Answer

A)  mandatory 
B)  conciliated 
C)  interest 
D)  rights 
A)  mandatory 
B)  conciliated 
C)  interest 
D)  rights

Question 9

BDS Constructors Corp.is a construction company in North Dakota.Due to lack of availability of credit funding,the company lost most of their projects,which eventually led to bankruptcy.Under Chapter 11 of Bankruptcy Act,the employer can file for:

Accepted Answer

A)  protection. 
B)  claims. 
C)  reorganization. 
D)  loans. 
A)  protection. 
B)  claims. 
C)  reorganization. 
D)  loans.

Question 10

In Alexander v.Gardner Denver Co.,the Supreme Court held that an employee who had lost in arbitration under the collective agreement was still able to bring a Title VII suit in court,stating that:

Accepted Answer

A)  an order to arbitrate the grievance should not be denied unless it is denied with a 	positive assurance. 
B)  the arbitration clause of a collective agreement must contain a "clear and unmistakable 	waiver" of the individual employee's rights. 
C)  employee's rights under the collective agreement were distinct from the employee's 	statutory rights under Title VII. 
D)  it is the role of the courts, not that of the arbitrators, to resolve questions of whether a 	grievance is subject to arbitration. 
A)  an order to arbitrate the grievance should not be denied unless it is denied with a 	positive assurance. 
B)  the arbitration clause of a collective agreement must contain a "clear and unmistakable 	waiver" of the individual employee's rights. 
C)  employee's rights under the collective agreement were distinct from the employee's 	statutory rights under Title VII. 
D)  it is the role of the courts, not that of the arbitrators, to resolve questions of whether a 	grievance is subject to arbitration.

Question 11

Following the Supreme Court's _____________ decision,Congress amended the Bankruptcy Code to deal with the rejection of a collective agreement.

Accepted Answer

A)  NLRB v.Bildisco & Bildisco 
B)  Trafford Dist.Center v.NLRB 
C)  NLRB v.Winco Petroleum 
D)  Road & Rail Services., Inc. 
A)  NLRB v.Bildisco & Bildisco 
B)  Trafford Dist.Center v.NLRB 
C)  NLRB v.Winco Petroleum 
D)  Road & Rail Services., Inc.

Question 12

_____ is the settlement of disputes by a neutral adjudicator chosen by the parties to the disputes.

Accepted Answer

A)  Voluntary recognition 
B)  Adjudication 
C)  Internal remedy 
D)  Arbitration 
A)  Voluntary recognition 
B)  Adjudication 
C)  Internal remedy 
D)  Arbitration

Question 13

Section 301 does not authorize damage suits against individual union officials when their union is liable for violating a(n):

Accepted Answer

A)  due process clause. 
B)  election bylaw. 
C)  no-strike clause. 
D)  commerce clause. 
A)  due process clause. 
B)  election bylaw. 
C)  no-strike clause. 
D)  commerce clause.

Question 14

Define rights arbitration.

Accepted Answer

It is the arbitration to resolve a dispu

Question 15

Rights arbitration is generally used as the final step in the _____ process.

Accepted Answer

A)  recruitment 
B)  renewal 
C)  termination 
D)  grievance 
A)  recruitment 
B)  renewal 
C)  termination 
D)  grievance

Question 16

11 U.S.C Section 1114 creates a procedure for modification or rejection of retiree benefit obligations.Explain this statement by stating the provisions covered under Section 1114.

Accepted Answer

Congress amended the Bankruptcy Code to

Question 17

Who can file grievances under the collective agreement?

Accepted Answer

Most grievances are filed by e

Question 18

In In re AMR CORPORATION,what section of the Bankruptcy Code was at issue?

Accepted Answer

A)  Section 103. 
B)  Section 301. 
C)  Section 1113. 
D)  Section 1114. 
A)  Section 103. 
B)  Section 301. 
C)  Section 1113. 
D)  Section 1114.

Question 19

Section 1114 of the Bankruptcy Code requires that the bankrupt employer make a proposal for modification to the representative of the:

Accepted Answer

A)  replaced employees. 
B)  NLRB. 
C)  retirees. 
D)  new employees. 
A)  replaced employees. 
B)  NLRB. 
C)  retirees. 
D)  new employees.

Question 20

In Eastern Associated Coal Corporation v.United Mine Workers of America,District 17,James Smith worked for Eastern as a member of a road crew,a job that required him to drive heavy trucks on public highways.In March 1996,Smith tested positive for marijuana.Eastern sought to discharge Smith.In July 1997,he again tested positive for marijuana.Eastern again sought to discharge Smith.The District Court,while recognizing a strong regulation-based public policy against drug use by workers who perform safety-sensitive functions,held that Smith's:

Accepted Answer

A)  conditional reinstatement violated the public policy. 
B)  conditional reinstatement did not violate public policy. 
C)  use of marijuana amounted to substantial continuity of identity in the business enterprise. 
D)  use of marijuana amounted to "just cause" for discharge. 
A)  conditional reinstatement violated the public policy. 
B)  conditional reinstatement did not violate public policy. 
C)  use of marijuana amounted to substantial continuity of identity in the business enterprise. 
D)  use of marijuana amounted to "just cause" for discharge.

Exam 17: The Enforcement And Administration Of The Collective Agreement

In NLRB v.Winco Petroleum,a successor employer was held guilty of a refusal to bargain.The employer can be held subject to a(n):

What are the advantages of arbitration proceedings?

How can an employer recover damages for breach of no strike clause even if injunction is not issued?

What remedy is available to a party if one party refuses to comply with the arbitrator's award?

In Groves v.Ring Screw Works,the court held that the collective agreement provided for arbitration in discharge cases only upon agreement of:

Under which Section of the National Labor Relations Act are an employer and the union labor allowed to institute a suit for contractual violations?

Discuss the no-strike clause.

When arbitration is used to create a new agreement or renew an existing one,it is known as _____ arbitration.

BDS Constructors Corp.is a construction company in North Dakota.Due to lack of availability of credit funding,the company lost most of their projects,which eventually led to bankruptcy.Under Chapter 11 of Bankruptcy Act,the employer can file for:

In Alexander v.Gardner Denver Co.,the Supreme Court held that an employee who had lost in arbitration under the collective agreement was still able to bring a Title VII suit in court,stating that:

Following the Supreme Court's _____________ decision,Congress amended the Bankruptcy Code to deal with the rejection of a collective agreement.

_____ is the settlement of disputes by a neutral adjudicator chosen by the parties to the disputes.

Section 301 does not authorize damage suits against individual union officials when their union is liable for violating a(n):

Define rights arbitration.

Rights arbitration is generally used as the final step in the _____ process.

11 U.S.C Section 1114 creates a procedure for modification or rejection of retiree benefit obligations.Explain this statement by stating the provisions covered under Section 1114.

Who can file grievances under the collective agreement?

In In re AMR CORPORATION,what section of the Bankruptcy Code was at issue?

Section 1114 of the Bankruptcy Code requires that the bankrupt employer make a proposal for modification to the representative of the:

First The Forest, Then The Trees: An Overview Of Employment And Labor Law

Employment Contracts And Wrongful Discharge

Commonly Committed Workplace Torts

Employee Privacy Rights In The 21st Century

The Global Perspective: International Employment Law And American Immigration Policy

Title Vii Of The Civil Rights Act And Race Discrimination

Gender And Family Issues: Title Vii And Other Legislation

Discrimination Based On Religion And National Origin & Procedures Under

Discrimination Based on Age

Discrimination Based On Disability

Other Eeo And Employment Legislation: Federal And State Laws

The Rise Of Organized Labor And Its Regulatory Framework

The Unionization Process

Unfair Labor Practices By Employers And Unions

Collective Bargaining

Picketing And Strikes

The Rights Of Union Members

Public Sector Labor Relations

Occupational Safety And Health

The employee’ s safety nets: unemployment and workers’ compensation social security and retirement plans

The fair labor standards act

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