Exam 17: The Enforcement and Administration of the Collective Agreement

What are the advantages of arbitration proceedings?​

Belk Software Company and the union of the company, entered into an agreement with a no-strike clause.Later, the union stated that it was not clear about the terms and conditions incorporated under the agreement.The union requested that the employer reconstruct the agreement, but the employer refused.Subsequently, the union decided to go on strike.In this scenario, what is the remedy available for the employer?​

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):

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.

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

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:

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:

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

​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.

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

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.

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.

Compare and contrast rights arbitration and interest arbitration.

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

Who can file grievances under the collective agreement?​

When one of the parties refuses to comply with the arbitrator's award, then other party may seek to have the award judicially enforced.

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

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

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

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