Question 1

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

Accepted Answer

A) True 
 B)False  True

Question 2

11 U.. 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 include Section 1114, which creates a procedure for modification or rejection of retiree benefit obligations.Section 1114 requires that the bankrupt employer make a proposal for modification to the representative of the retirees.The employer must also provide the retirees' representative with the information upon which the proposal is based and demonstrate the necessity of the modification for the reorganization of the employer.The employer must negotiate in good faith with the representative over the proposed modification.If the representative does not agree to the modification, the employer can ask the bankruptcy court to order the modification.Before the court can order the modification, the employer must convince the court that the modification is necessary to permit the reorganization of the employer, that the proposed modification treats all affected parties fairly and equitably, and that the retirees' representative refused to accept the proposal without good cause.

Question 3

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

Accepted Answer

A)  ​thirty 
B)  ​forty-five 
C)  ​sixty 
D)  ​seventy-five 
A)  ​thirty 
B)  ​forty-five 
C)  ​sixty 
D)  ​seventy-five A

Question 4

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:

Accepted Answer

A)  ​federal laws. 
B)  ​accepted business practices. 
C)  ​arbitrage. 
D)  ​the NLRA. 
A)  ​federal laws. 
B)  ​accepted business practices. 
C)  ​arbitrage. 
D)  ​the NLRA.

Question 5

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:

Accepted Answer

A)  ​Discrimination in Employment Act. 
B)  Occupational Safety and Health Act. 
C)  National Labor Relation Act. 
D)  Equal Employment Opportunity Act. 
A)  ​Discrimination in Employment Act. 
B)  Occupational Safety and Health Act. 
C)  National Labor Relation Act. 
D)  Equal Employment Opportunity Act.

Question 6

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 7

Restack is a leather company in the State of Nevada that made employee drug testing a mandatory requirement.Shaun was terminated when he failed the drug test.When a group of employees demanded Shaun's reinstatement into employment, the company refused and the matter was referred to arbitration.The arbitrator ordered reinstatement of the employee, but Restack refused to reinstate Shaun.The employees filed a suit in the court for the enforcement of arbitral award.The court may refuse to enforce an arbitration award because the award violates:

Accepted Answer

A)  ​the union shop clause. 
B)  ​the open shop clause. 
C)  ​the bargaining agreement. 
D)  ​public policy. 
A)  ​the union shop clause. 
B)  ​the open shop clause. 
C)  ​the bargaining agreement. 
D)  ​public policy.

Question 8

Discuss the no-strike clause.

Accepted Answer

Many agreements contain no-strike clause

Question 9

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

Accepted Answer

A)  ​has a duty to arbitrate that continues after the expiration of the agreement if the grievance arises under the agreement. 
B)  ​may refuse to enforce an arbitration award only if the award violates "explicit" public policy. 
C)  ​should refuse to enforce an arbitration decision that violates the law. 
D)  ​must remand the issue back to arbitration for resolution rather than settling the merits of the dispute. 
A)  ​has a duty to arbitrate that continues after the expiration of the agreement if the grievance arises under the agreement. 
B)  ​may refuse to enforce an arbitration award only if the award violates "explicit" public policy. 
C)  ​should refuse to enforce an arbitration decision that violates the law. 
D)  ​must remand the issue back to arbitration for resolution rather than settling the merits of the dispute.

Question 10

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

Accepted Answer

A) True 
 B)False

Question 11

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

Accepted Answer

A) True 
 B)False

Question 12

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:

Accepted Answer

A)  ​after appointing an arbitrator for the issue. 
B)  after reelecting the bargaining unit. 
C)  after filing the bankruptcy petition. 
D)  before signing a takeover agreement. 
A)  ​after appointing an arbitrator for the issue. 
B)  after reelecting the bargaining unit. 
C)  after filing the bankruptcy petition. 
D)  before signing a takeover agreement.

Question 13

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 14

​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.

Accepted Answer

A)  ​United Steelworkers v.Enterprise Wheel & Car Co. 
B)  ​United Steelworkers of America v.Warrior & Gulf Navigation Co. 
C)  ​Kennedy v.Superior Printing Co. 
D)  ​Teamsters Local 174 v.Lucas Flour 
A)  ​United Steelworkers v.Enterprise Wheel & Car Co. 
B)  ​United Steelworkers of America v.Warrior & Gulf Navigation Co. 
C)  ​Kennedy v.Superior Printing Co. 
D)  ​Teamsters Local 174 v.Lucas Flour

Question 15

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

Accepted Answer

A) True 
 B)False

Question 16

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:

Accepted Answer

A)  ​Section 7 of National Industrial Relations Act. 
B)  Section 8(a)(5) of National Labor Relations Act. 
C)  Section 9(a) Fair Labor Standards Act. 
D)  ​Section 10 of Norris LaGuardia Act. 
A)  ​Section 7 of National Industrial Relations Act. 
B)  Section 8(a)(5) of National Labor Relations Act. 
C)  Section 9(a) Fair Labor Standards Act. 
D)  ​Section 10 of Norris LaGuardia Act.

Question 17

​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.

Accepted Answer

A)  ​defer 
B)  dismiss​ 
C)  strike​ 
D)  amend​ 
A)  ​defer 
B)  dismiss​ 
C)  strike​ 
D)  amend​

Question 18

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.

Accepted Answer

A)  ​ten 
B)  fourteen​ 
C)  twenty​ 
D)  thirty​ 
A)  ​ten 
B)  fourteen​ 
C)  twenty​ 
D)  thirty​

Question 19

​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 20

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.

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

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

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

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

Discuss the no-strike clause.

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

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

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

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:

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

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.

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

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:

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.

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

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 and Procedures Under Title VII

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 Employees Safety Nets:unemployment and Workers Compensation, Social Security, and Retirement Plans

The Fair Labor Standards Act

Filters

Exam 17: The Enforcement and Administration of the Collective Agreement

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

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

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

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

Discuss the no-strike clause.

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

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

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

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:

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

​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.

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

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:

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.

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

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 and Procedures Under Title VII

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 Employees Safety Nets:unemployment and Workers Compensation, Social Security, and Retirement Plans

The Fair Labor Standards Act

Filters

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

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.

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