Exam 17: The Enforcement and Administration of the Collective Agreement

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

The neutral adjudicator for an arbitration proceeding shall be appointed by the federal judge.

According to the amendment of the Bankruptcy Code to deal with the rejection of a collective agreement, the bankruptcy court is required to hold a hearing on the employer's petition within _____ days.

California law requires that employers pay discharged employees all wages owed to them immediately at the time of the discharge.

How does an arbitration clause affect the right of individual employees?

In Textile Workers Union of America v. Lincoln Mills of Alabama , the Court noted that the _____, which restricts federal courts issuing injunctions in labor disputes, does not apply to suits seeking to order arbitration under Section 301.

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

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:

The parties generally incorporate arbitration as the final step of the grievance procedure.

The court held in this decision that employees were required to arbitrate their age discrimination claims.

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

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

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

Interest arbitration replaces pressure tactics as a means to resolve the negotiating impasse in the public sector.

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):

When a corporation files a petition for the protection of the bankruptcy laws, the financial  obligations of the corporation are suspended pending the resolution of the issue by the bankruptcy courts.

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

A successor employer cannot be held liable for the remedy of an unfair labor practice committed by the old/previous employer.

Suits under state law alleging bad-faith handling of a disability benefits claim are not preempted by Section 301 of the National Labor Relations Act.

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