Exam 17: The Enforcement and Administration of the Collective Agreement

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

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

(True/False)
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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):

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

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

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

(Multiple Choice)
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The provision of 11 U...Section 1113 applies to employers under the National Labor Relations Act and not to the employers covered under the Railway Labor Act.

(True/False)
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​Define grievance process.

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

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Discuss the applicability of interest arbitration.

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What happens to the financial obligations of a corporation when it files a petition for the protection of the bankruptcy laws?​

(Short Answer)
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​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:

(Multiple Choice)
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How does an arbitration clause affect the right of individual employees?​

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

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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:

(Multiple Choice)
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In In re AMR CORPORATION, what section of the Bankruptcy Code was at issue?​

(Multiple Choice)
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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):

(Multiple Choice)
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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.

(True/False)
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​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.

(Multiple Choice)
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How can an employer recover damages for breach of no strike clause even if injunction is not issued?​

(Short Answer)
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