Exam 17: The Enforcement and Administration of the Collective Agreement

After 1980, the cost of retiree benefits known as " legacy costs" became a significant financial burden on the employers.

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

The bankruptcy court is required to issue its determination on the rejection issue within a period of _____ days after the hearing.

In Teamsters Local 174 v. Lucas Flour, the Supreme Court held that a no-strike clause will be implied by the court, even when the agreement itself is silent on the matter, if the agreement contains a(n):

In Fall River Dyeing & Finishing Corp. V. NLRB, the union requested the petitioner to recognize it as the bargaining agent for petitioner's employees and to begin collective bargaining. The petitioner refused the request, stating that, in its view, the request had "no legal basis." The union filed an unfair labor practice charge with the Board, alleging that in its refusal to bargain, the petitioner had violated Section 8(a) (1)and (5)of the:

Elle Chemicals Inc. dismissed 15 employees without notice, which was contested by the union as an unfair labor practice. The company justified the action stating disciplinary reasons. The union and the employer decided to refer this matter to a neutral adjudicator to resolve instead of going for litigation. The neutral adjudicator in this scenario can be referred to as:

In Major League Baseball Players Association v. Garvey , the Supreme Court emphasized that even when the court vacates an arbitration award, the court:

A successor employer who discriminatorily refuses to rehire the unionized employees from the prior firm violates _____, according to Planned Bldg. Servs. Inc .

When Texas Transformer Technology took over Gamin Services Inc., they rehired most of the Gamin employees. They also modified the existing bargaining agreement and terms and conditions of employment. This act could be a violation of:

In _____, the Supreme Court held that the court is required to enforce the arbitrator's decision unless it is clear to the court that the arbitrator has exceeded the authority given to him or her by the collective agreement.

In the case of benefit provisions for retired employees, if the representative does not agree to the modification, the employer can ask the bankruptcy court to order the modification.

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

Under Section 301 of the National Labor Relations Act, an employer and a labor union may bring a suit for :

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

The provision of 11 U.S.C. Section 1113 applies to employers under the National Labor Relations Act and not to the employers covered under the Railway Labor Act.

Who can file grievances under the collective agreement?

In John Wiley & Sons, Inc. v. Livingston , the Supreme Court held that the successor employer must arbitrate a grievance arising under the collective agreement where there was a _____ of identity in the business enterprise.

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:

Define grievance process.

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