Exam 15: Employment and Labor Regulations

When an employer fires an employee in violation of a public policy exception to the presumption of at-will employment, the employee may sue for:

In the Beck case, where non-union workers at AT&T were required by a union to pay "agency fees," instead of union dues, to contribute to the expense of representing these workers in collective bargaining. The Supreme Court held that the union:

In Chicago Teachers Union, regarding agency fees paid by nonunion workers to unions at unionized workplaces, the Supreme Court held that which of the following requirements must be fulfilled with regard to agency fees paid by nonunion workers:

The National Labor Relations Board is composed of ten members appointed by the Secretary of Labor.

Which of the following is an example employer conduct that impairs the goals of the National Labor Relations Act:

Fact Pattern 16-1 Spotted Frog Winery California, produces 75,000 cases of wine a year. It employs 52 full-time workers and, during harvest, another 25 people as pickers. During the 2011 harvest, some employees were unhappy about working conditions and discussed unionizing. They contacted the Winery Workers of America (WWA) for help. Spotted Frog management was upset. If it had to pay workers more (as the union promised), the winery would lose its slim profits. Believing he was acting correctly, the president distributed a memo stating that any employee caught discussing unionization would be fired. Pierre, the wine master at Spotted Frog, was furious about the memo and became an advocate for the union cause. Management would not fire Pierre because he gave their wine its unique taste. But they did fire ten employees who spoke with Pierre. WWA collected authorization cards from employees, requested a representation election, and won a close election. The union, with Pierre as its agent, began negotiating a collective bargaining agreement. Negotiations went badly as the management rejected every proposal. WWA called a strike against Spotted Frog. After two weeks, management caved in and signed a contract, so its employees returned to work. As Pierre entered the winery, he did not see some grape skins on the floor. He slipped and was injured. -Refer to Fact Pattern 16-1. If Spotted Frog management went to court for an injunction to stop the WWA strike, management would be:

With regard to bargaining between unions and employers____ means an obligation to meet and be willing to present proposals and explain reasons, to listen to and consider the proposals of the other party, and to search for some common ground that can serve as the basis for an agreement⎯but with no legal requirement that agreement be reached.

Anti-raiding covenants are when one company contracts with another company not to raid it in an effort to hire away any of its employees.

In Ballalatak v. All Iowa Agriculture Association, where Ballalatak contended that he was fired for inquiring into whether the company was fulfilling its workers' compensation obligation and the general manager claimed he was fired for insubordination, the Iowa state supreme court held that Ballalatak:

Which of the following workers would not be covered by the FMLA:

During a strike after a collective bargaining agreement has expired, an employer is permitted to hire new workers to work in place of the striking workers.

The intent of the Norris-La Guardia Act was to:

If workers vote to join a union, management has no choice legally but to determine wages, working hours and the other conditions of employment with union bargainers.

Hasenwinkel worked as a nurse at a Mosaic facility for adults with intellectual disabilities. She took FMLA leave seven times from 2010 to 2012. She was warned that her job performance was inadequate. After exhausting all leave in 2012 she did not return to work and was fired. She sued Mosaic for interfering with her FMLA rights. The district court ruled against her. The court of appeals held that Hasenwinkel:

Which of the following is not subject to mandatory bargaining?

In Teamsters Local Union No. 523 v. National Labor Relations Board, where a sales representative complained of unfair labor practices after he was demoted by the union when his employer consolidated its distribution so that the union would represent all distribution workers, rather than only some, the U.S. Court of Appeals held that:

A place of employment where all employees are represented by a union and most employees are union members, but non-union workers must pay fees to the union, is called:

Wrongful discharge is a:

Public policy exceptions to the at-will employment rule are common bases for suits by employees wrongfully dismissed.

The Worker Adjustment and Retraining Notification Act requires certain employers planning large layoffs to: