Exam 17: The Enforcement and Administration of the Collective Agreement

This court decision held that the arbitration clause of a collective agreement must contain a "clear and unmistakable waiver" of the individual employee's rights to sue in order to waive the individual employee's right to sue over employment discrimination claims.

What conditions should be met by an employer petitioning for bankruptcy protection to reject the collective agreement?

Compare and contrast rights arbitration and interest arbitration .

If the dispute involves interpreting an existing agreement rather than creating a new one, such arbitration to resolve is known as rights arbitration.

Discuss the no-strike clause.

According to the NLRB, an employer unilaterally abrogating an agreement _____ is guilty of violating Section 8(a) (5)of the NLRA.

In NLRB v. Bildisco & Bildisco , the Supreme Court held that an employer who files for reorganization under Chapter 11 of the Bankruptcy Act does not violate Section 8(a) (5)by unilaterally changing the terms of the collective agreement:

The Efficient Motor Company terminated 15 employees without giving any prior notice, breaching a contract with the union stating that a notice period of 30 days be given prior to termination. In this case, the labor union can institute a suit under Section 301 of the NLRA against the employer before the:

The bankruptcy court is required to issue its determination on the employer rejecting a bargaining agreement within thirty days after its hearing.

In Allis-Chalmers Corp. v. Leuck , the Supreme Court held that if the resolution of a state law claim depends on the interpretation of a collective agreement, then the application of the state law is preempted by:

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 :

Define rights arbitration.

An implied no-strike clause does not cover any dispute that is subject to arbitration under the agreement.

The dispute regarding payment of wages between the West Coastal Company and its union was referred to a neutral arbitrator. The arbitration created a new agreement stating the terms and conditions of payment of wages. This is an example of a(n)_____ arbitration.

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.

Presidential Cargo Movers Inc. entered into an agreement with its employee union to refrain from layoffs during the recession. Despite the agreement, the company decided to lay off a few of its employees. The union decided to file a complaint against the company for not living up to its obligations under the agreement. The union's action amounts to a(n):

In early 2012, the Acting General Counsel of the NLRB recently announced a significant change to the NLRB deferral policy. Under this doctrine, so long as an alleged violation of the Act is covered by the parties' grievance-arbitration agreement, the Board will _____ a meritorious unfair labor practice charge to the parties' contractual grievance-arbitration procedure if certain conditions are met.

Describe the limitation to allowing damage suits for breach of no-strike clauses.

Section 301 of the National Labor Relations Act does not allow damage suits for breach of no-strike clause in a collective agreement.

A court can enjoin a strike without running afoul of the Norris-La Guardia Act if the strike is one in which the issues are subject to arbitration under the agreement, according to Boys Markets, Inc. v. Retail Clerks Union, Local 770 .