Collective Bargaining and Arbitration
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Course Introduction
This course examines the principles, practices, and legal frameworks surrounding collective bargaining and arbitration in the context of labor relations. Students will explore the negotiation process between employers and labor unions, including strategies, contract formulation, and dispute resolution methods. The course covers the role of arbitration as an alternative mechanism for resolving conflicts that arise during collective bargaining, and analyzes key case studies and recent developments in labor law. By the end of the course, students will understand the dynamics of collective bargaining agreements, the legal rights and responsibilities of each party, and the critical functions of mediators and arbitrators in maintaining effective labor-management relationships.
Recommended Textbook
Employment and Labor Law 9th Edition by Patrick
J. Cihon
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Chapter
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Q1) The act which sets the ground rules for the give and take between labor unions and corporate managers is the:
A) Social Security Act (1935).
B) Walsh-Healy Act (1936).
C) Fair Labor Standards Act (1938).
D) National Labor Relations Act (1935).
Answer: D
Q2) Which statute provides pensions to retired workers?
Answer: The Social Security Act of 1935 deals with provisions on pensions that are to be provided to retired workers.
Q3) A plaintiff has a choice between money damages and a court order of restitution for a perceived wrong.Which is the best remedy the plaintiff can use?
A) Plaintiff may exercise an election of remedies.
B) Plaintiff may appeal for a writ of certiorari.
C) Plaintiff may take the matter to arbitration.
D) Plaintiff may seek remedy for whistleblowers.
Answer: A
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Page 3
Chapter 2: Employment Contracts and Wrongful Discharge
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Q1) A private or civil wrong or injury caused by one party to another, either intentionally or negligently is a(n):
A) breach of contract.
B) criminal act.
C) tort.
D) act of god.
Answer: C
Q2) What are the two most common types of contracts?
Answer: Two kinds of contract are:a.Express contract which has terms spelled out by the parties, usually in writing.b.Implied contracts are contracts that the courts infer from company policies and the behavior of the parties or that are implied from the law.
Q3) Public Policy Exception is not a commonly adopted exception to the pure employment-at-will rule.
A)True
B)False
Answer: False
Q4) When did the employment-at-will doctrine become the norm in American common law?
Answer: The employment-at-will doctrine became the norm in 19th century American common law.
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Chapter 3: Commonly Committed Workplace Torts
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Q1) The elements of retaliatory demotion are quite the same as:
A) wrongful discharge.
B) intentional infliction of emotional distress.
C) strict liability.
D) willful misconduct.
Answer: A
Q2) How does the court recognize qualified privilege?
Answer: The law generally recognizes a qualified privilege where one person communicates with another who has a legitimate need to know the information.
Q3) Which of the following statements regarding privilege and private employers is accurate?
A) Private employers enjoy absolute privilege.
B) Private employers have qualified privilege.
C) Private employers are protected against suites even if they speak with malice.
D) Private and public employers have sovereign immunity from suites.
Answer: B
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Chapter 4: Employee Privacy Rights in the 21st Century
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Q1) Employees who test positive for substance abuse are referred to the Employee Opportunities Corporation.
A)True
B)False
Q2) In which year was the federal Health Insurance Portability and Accountability Act (HIPAA) enacted?
A) 1889
B) 1899
C) 1998
D) 1999
Q3) Who are system administrators?
Q4) Employee privacy rights for unionized employees are covered under:
A) the First and Fourteenth Amendments of the Constitution.
B) criminal invasion of privacy.
C) the tort of invasion of privacy.
D) collective bargaining agreement.
Q5) Describe malice in the context of defamation and invasion of privacy.
Q6) Can employers mandate the policy of genetic testing?
Q7) What is a background screening policy?
Q8) What serious intrusion of employees' privacy has severe ethical implications?
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Chapter 5: The Global Perspective:international
Employment Law and American Immigration Policy
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Q1) What are conventions? Identify conventions that affect international labor relations and employments.
Q2) The Union Network International has laid special emphasis to build more effective alliances in multinationals.
A)True
B)False
Q3) What are the necessary documents an employer must show to prove that the employee is a U..Citizen or is lawfully authorized to work in the United States?
Q4) All of the following are services of the U..Citizenship and Immigration Services except:
A) adjudication of immigrant visa petitions.
B) adjudication of naturalization petitions.
C) protecting civil rights.
D) establishing immigration services policies and priorities.
Q5) UNI claims that signing global agreements with targeted companies would lead to the organization's focus going backward.
A)True
B)False
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Chapter 6: Title VII of the Civil Rights Act and Race Discrimination
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Q1) In several cases decided shortly after the adoption of Title VII, courts held that departmental seniority systems that operated to deter minority employees from transferring out of low-paying or inferior jobs:
A) were in violation of Title VII.
B) were not in violation of Title VII.
C) were based on the 1991 amendment to Title VII.
D) did not perpetuate the effects of prior discrimination.
Q2) Which case held that the "payroll method" is the appropriate method to determine the number of employees for purposes of Title VII coverage?
A) Lanning v.Southeastern Pennsylvania Transportation Authority
B) United States v.Nixon
C) Connecticut v.Teal
D) Walters v.Metropolitan Educational Enterprises, Inc.
Q3) Described the practice of race-norming.
Q4) Seniority, or the length of service on the job, is frequently used to determine entitlement to employment benefits, promotions, or transfers, and even job security itself.
A)True
B)False
Page 8
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Chapter 7: Gender and Family Issues:title VII and Other Legislation
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Q1) Which state legislation provides pregnancy leave?
Q2) In Novak v.Metrohealth Medical Center, Donna Novak was terminated from her employment because the MetroHealth determined that Novak's March absences did not qualify for the FMLA leave.Novak filed suit against MetroHealth, alleging interference with her FMLA rights and retaliation under the FMLA.The Court of Appeals held that:
A) Novak was not entitled to FMLA leave.
B) Metro violated Title VII by terminating her.
C) Novak was entitling to FMLA leave with pay.
D) Metro should reinstate Novak.
Q3) An employer may require a second or third medical opinion at the employee's expense when the employee applies for leave under serious health condition. A)True B)False
Q4) Explain the provision of the Equal Pay Act.
Q5) What is the procedure to file suit under Equal Pay Act?
Q6) What are the important aspects of the Family and Medical Leave Act?
Page 9
Q7) The Equal Pay Act's coverage is similar to that of the Fair Labor Standards Act. A)True B)False
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Chapter 8: Discrimination Based on Religion and National
Origin and Procedures Under Title VII
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Q1) Explain Immigration Reform and Control Act of 1986, and Discrimination Based on National Origin or Citizenship.
Q2) An employee is given 160 days to file complaint with the EEOC under the Lilly Ledbetter Fair Pay Act.
A)True
B)False
Q3) What is the Lilly Ledbetter Fair Pay Act of 2009?
Q4) Employers are allowed to refuse to hire applicants who are denied national security clearances for positions subject to federal security requirements under:
A) Section 703(g) of Title VII.
B) Section 703(e) of Title VII.
C) Section 704(e) of Title VII.
D) Section 703(f) of Title VII.
Q5) While seeking accommodation, an employee is required to act reasonably in considering the alternative means of accommodation that is available.
A)True
B)False
Q6) Write down the provision of section 703(g) of Title VII.
Page 10
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Chapter 9: Discrimination Based on Age
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Q1) The Age Discrimination in Employment Act (ADEA) allows mandatory retirement under some circumstances, such as with executive employees who are over the age of:
A) 50.
B) 55.
C) 65.
D) 70.
Q2) American workers of U..firms employed in foreign countries are covered under the Age Discrimination in Employment Act.
A)True
B)False
Q3) In Kimel v.Florida Board of Regent, the Supreme Court held that the Eleventh Amendment of the U..Constitution provides:
A) state governments with immunity from suits by private individuals under the Age Discrimination in Employment Act.
B) individuals immunity from suits by private employers.
C) federal governments with immunity from suits by state government.
D) all seniority systems and benefit plans "shall require the involuntary retirement of individuals.
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Chapter 10: Discrimination Based on Disability
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Q1) Does the ADA consider drug tests to be medical tests?
Q2) Sam was fired from his employment because he had opposed the management decision to terminate several disabled coworkers from employment.Sam filed a complaint and participated in proceedings under the ADA against the employer.In this case:
A) the company can press charges against Sam since the Americans with Disabilities Act allows companies to take action against employees.
B) Sam is protected under Americans with Disabilities Act, which prohibits retaliation by the employers.
C) Sam cannot participate in the court proceedings since ADA provides a defense to the employers.
D) Sam can no longer be involved in this case since he terminated from employment prior to the proceedings.
Q3) The Americans with Disabilities Act (ADA) considers a drug test to be a medical examination, and it prohibits an employer from administering drug tests to its employees or from making employment decisions based on the results of such tests.
A)True
B)False
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Chapter 11: Other EEO and Employment Legislation:federal and
State Laws
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Q1) What is the role of Uniformed Services Employment and Reemployment Rights Act?
Q2) Give a brief outline of the Civil Rights Act of 1866 and 1870.
Q3) What is the role of federal Employee Polygraph Protection Act of 1988?
Q4) The administrative enforcement proceedings involve a hearing before an administrative law judge.
A)True
B)False
Q5) Employees who were ordered to active military service are entitled to reinstatement and employee benefits if they meet the following requirements except:
A) they gave the employer notice of the period of military service.
B) they are absent for a cumulative total of less than five years.
C) they were initially employed for a brief, nonrecurring period.
D) they submitted an application for reemployment within the designated time period.
Q6) What reasons allow employers not to reinstate employees after their military service?
Q7) What are the remedies provided under civil whistleblower's provisions by the Department of Labor?
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Q8) Briefly explain the Uniformed Services Employment and Reemployment Rights Act.
Chapter 12: The Rise of Organized Labor and Its Regulatory Framework
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Q1) The passage of the Clayton Act in 1914 did not appear to provide any sort of relief sought by labor.
A)True
B)False
Q2) What is a labor injunction?
Q3) Define managerial employees.
Q4) The definition of "employee" under the NLRA includes persons working for a company and, at the same time, being paid by a union to help the union organize the company was the central issue in:
A) NLRB v.Meenan Oil Co. L..
B) NLRB v.Kentucky River Community Care, Inc.
C) NLRB v.Town & Country Electric, Inc.
D) Duplex Printing Press Company v.Deering.
Q5) The _____ introduced some of the ideas and approaches later incorporated in the National Labor Relations Act (NLRA).
A) Taft-Hartley Act
B) National Industrial Recovery Act
C) Clayton Act
D) Railway Labor Act
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Chapter 13: The Unionization Process
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Q1) The Board requires that the parties in an election should refrain from formal campaigning for twenty-four hours prior to the election.
A)True
B)False
Q2) A bargaining representative election was held in Truitt Manufacturing Company, in which Stefan was elected as a bargaining representative for the bargaining unit.Chuck, one of the union members in the company, filed a petition under Section 9 (e) (1) of NLRA, stating that the election conducted was a deauthorization election.The NLRB rejected his petition because he failed to establish requisite support of _____ of the bargaining unit.
A) 20 percent
B) 40 percent
C) 30 percent
D) 50 percent
Q3) Economic strikes are strikes over economic issues, such as grievances or a new contract.
A)True
B)False
Q4) What is bargaining unit?
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Chapter 14: Unfair Labor Practices by Employers and Unions
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Q1) If the employer chooses to poll its employees, the employees must be informed of the purpose of the poll.
A)True B)False
Q2) If the employer's work rule restricts protected activity under Section 7, it is a violation under Section 8(a)(1).
A)True B)False
Q3) It is legal for the union to set particular skills necessary for membership or referral to employees through:
A) a union organizing drive.
B) arbitration.
C) a hiring hall.
D) election.
Q4) What is the exception regarding the encouragement of unions?
Q5) Apart from whipsaw strikes, what are the other reasons for engaging in multiemployer bargaining with union?
Q6) Define super seniority in context of collective bargaining.
Q7) When should an employer conduct a poll?
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Chapter 15: Collective Bargaining
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Q1) Section 8(g) requires that a labor organization seeking to picket or strike against a health-care institution must give both the employer and the Federal Mediation and Conciliation Service (FMCS) written notice of its intention to strike or picket at least _____ days prior to taking the action.
A) ninety
B) sixty
C) fifteen
D) ten
Q2) In Emporium Capwell Co.v.Western Addition Community Organization, Hollins and Hawkins were minority employees.The Western Addition Community Organization filed a charge against the company with National Labor Relations Board (NLRB).The trial examiner of the NLRB concluded that their activity was not protected by Section 7 of the Act and that their discharges did not, therefore, violate _____ of the NLRA.
A) Section 9(a)
B) Section 8(b)(3)
C) Section 8(a)(1)
D) Section 8(a)
Q3) What are prohibited bargaining subjects?
Q4) What does Section 9(a) of the NLRA state regarding bargaining in good faith?
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Chapter 16: Picketing and Strikes
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Q1) The union members of the National Steel Company decided to hold a strike compelling their employer to increase their wages and medical benefits and provide better insurance and family benefits.This type of strike is called a(n):
A) economic strike.
B) unfair labor practice strike.
C) conventional strike.
D) whipsaw strike.
Q2) In Local 761, International Union of Electrical Radio & Machineworkers [General Electric] v.NLRB, GE filed a complaint with the NLRB, alleging that the union's picketing at Gate 3-A, used exclusively by the employees of the contractors under _____ of the NLRA.
A) Section 8(b)(4)(ii)(b)
B) Section 8(b)(4)(b)
C) Section 7(a)(1)
D) Section 9(c)(1)
Q3) The Norris-La Guardia Act delegated the powers to federal courts to issue injunctions in labor disputes.
A)True
B)False
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Chapter 17: The Enforcement and Administration of the Collective Agreement
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Q1) A successor employer who discriminatorily refuses to rehire the unionized employees from the prior firm violates _____, according to Planned Bldg.Servs.Inc.
A) Section 8(a)(2)
B) Section 8(a)(5)
C) Section 8(a)(3)
D) Section 8(b)(1)
Q2) According to the NLRB, an employer unilaterally abrogating an agreement _____ is guilty of violating Section 8(a)(5) of the NLRA.
A) before reelecting the bargaining unit
B) after modifying it terms and conditions
C) that is under consideration of the NLRB
D) without obtaining bankruptcy court relief
Q3) Under which Section of the National Labor Relations Act are an employer and the union labor allowed to institute a suit for contractual violations?
Q4) After 1980, the cost of retiree benefits known as "legacy costs" became a significant financial burden on the employers.
A)True
B)False
Page 19
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Chapter 18: The Rights of Union Members
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Q1) The rights of freedom of speech and assembly for union members are provided under Section _____ of the Labor Management Reporting and Disclosure Act.
A) 101(a)(2)
B) 8(b)(1)(A)
C) 101
D) 102
Q2) If the employee's complaint involves action by both the employer and the union, Section 301 of the NLRA would be preferable.
A)True
B)False
Q3) Who creates the union's duty of fair representation?
Q4) Edward Owen, an employee at On-Time Transports Inc. files a suit against the employer for the breach of the duty of fair representation involving allegations of discrimination based on national origin.Edward can claim remedies under:
A) the Occupational Safety and Health Act.
B) the National Labor Relations Act.
C) Title VII of Civil Right Act.
D) the Equal Employment Opportunity Act.
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Chapter 19: Public Sector Labor Relations
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Q1) When a complaint alleging unfair labor practices is filed with the Federal Labor Relations Authority, the General Counsel's Office of the FLRA investigates the complaint and attempts to reach a _____ settlement.
A) voluntary
B) temporary
C) persuasive
D) permanent
Q2) What does the collective bargaining for the public sector employees involve?
Q3) How does the Postal Service Reorganization Act influence an impasse?
Q4) In National Treasury Employees Union v.Michael Chertoff, Secretary, United States Department of Homeland Security, the District Court held that the Department exceeded its authority in attempting to conscript the _____ into the HR system.
A) Federal Labor Relations Authority
B) Employment Relations Commission
C) National Labor Relations Board
D) Public Service Commission
Q5) Briefly explain the Federal Service Labor-Management Relations Act.
Q6) What is the importance of the Federal Mediation and Conciliation Service?
Q7) Discuss the role of a union with exclusive bargaining status.
Page 21
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Chapter 20: Occupational Safety and Health
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Q1) Name the two kinds of variances under OSHA.
Q2) The United States is the only nation that attempts to afford workers the right of refusal.
A)True B)False
Q3) Women employees at Columbia Iron & Steel, Inc.operate a foundry in which a major portion of the raw materials used in the process come from scrap metal, including galvanized zinc.Health experts agree that exposure to zinc in the early stages of pregnancy can result in severe birth defects.If an OSHA citation is forwarded, the women employees are protected under the provision of:
A) technological feasibility.
B) right to refuse work.
C) temporary variance.
D) unilateral contracts.
Q4) Obama's first budget was released in late February 2009, and passed in early April 2009, which increased funding to the Occupational Safety and Health Administration (OSHA).
A)True B)False
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Q1) Explain the concept of a fiduciary.
Q2) An employee's injury must be work-related in order to be eligible for:
A) medicare.
B) unemployment compensation.
C) workers' compensation.
D) insurance benefits.
Q3) Younger people must earn some social security credits to qualify for disability benefits.
A)True
B)False
Q4) Welfare plans usually provide participating employees and their beneficiaries with all of the following except:
A) unemployment benefits.
B) medical coverage.
C) pension benefits.
D) death benefits.
Q5) Discuss workers' compensation.
Q6) Which are the two enactments that predated the National Labor Relations Act and Workers' Compensation laws? Page 23
Q7) Explain the concept of litigating unemployment claims.
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Chapter 22: The Fair Labor Standards Act
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Q1) Which of the following is an example of an employee exempt from overtime or minimum wages under the FLSA?
A) Senior Manager, Human Resources
B) Operations Executive, Factory Floor
C) Machine Operator, Drilling Division
D) Creative Artist, Web Media Division
Q2) Who are exempted employees under the Fair Labor Standard Act?
Q3) The Fair Labor Standards Act (FLSA) was first enacted in 1938 in order to deal with issues such as minimum wages, overtime entitlements, and even child labor.
A)True
B)False
Q4) Does the Fair Labor Standards Act (FLSA) prohibit all child labor?
Q5) The Congressional Accountability Act of 1995 extended the coverage of the Fair Labor Standards Act to:
A) other federal employees of including hospitals and educational institutions.
B) independent contractors to the state government.
C) employees of the Senate.
D) employees engaged in interstate commerce.
Q6) Discuss the provisions regarding child labor under the Fair Labor Standards Act.
Page 25
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