Questions and Answers of Labor and Employment Law

1. Was the reassignment of Sheila White from forklift operator duties to track laborer duties unlawful gender discrimination and retaliation for her complaint about her treatment by the first
Zartic, Inc., employed approximately 425 people, including a number of Mexican Americans. In early July, two Zartic workers were severely burned on the job, and the employees began complaining about
1. Did the union and the company agree in their collective bargaining contract that the company could conduct surveillance of its employees with hidden cameras behind two-way mirrors?2. Is the use of
The collective bargaining agreement covering Southern California Edison Company and its employees represented by the IBEW stated in Article I that the company recognized all employee rights under
1. Identify the “intrusion on seclusion” in this case.2. Was the court of appeal correct in setting aside the jury verdict in favor of the plaintiff because there must be a complete expectation
Harris-Stowe State College devised a reduction-in-force plan that selected both tenured and nontenured faculty members for termination. Leftwich, a 47-year-old tenured biology professor, sued the
William Chapman, Edwin Russ, and Antoinette Rhoads were among the members of UAW who were on strike in support of union demands during collective bargaining with their employer, E-Systems, Inc. After
1. What is a qualified privilege in the context of this case?2. Did the court find that a qualified privilege existed in this case?[On remand after a trial and after an appeal, a retrial was held;
1. Why do courts take a very careful look at nonselection decisions based on foreign accents?2. Why was Fragante not selected for the clerk’s position when he had higher test scores than the two
On November 6, the union filed a third-step grievance alleging that the employer, United Technologies Corporation, through its general foreman Peterson, intimidated, coerced, and harassed shop
One day in February, Ernest Swiger, a 10-year employee of Wheeling-Pittsburgh Steel Corporation, was operating an ore bridge crane. The crane is an elevated structure that moves north and south on
James Stockwell was among the members of Machinists Lodge 65 who commenced a lawful economic strike on May 5 against their employer, Overhead Door Corporation. Several of the strikers eventually
Veronica Lewis was employed by Spann Building Maintenance at the Meramec Building in St. Louis. In January, Spann announced a reduction in force at the Meramec Building. Although Lewis was affected,
Vincent Venditto and Todd Needham were hired as machine operators for Waveline, Inc., of Fairfield, New Jersey. Venditto and Needham commenced their employment under the customary 60-day probationary
1. Did Dr. Ortega have a reasonable expectation of privacy, at least as to his desk and file cabinets?2. Why didn’t the Supreme Court require that the employer have a warrant based on probable
1. What is tangible employment action in the context of a sexual harassment lawsuit?2. Explain how an employer can be found to have “aided in the agency relation” and thus be liable for damages
Harding Glass Industries was a member of a multiemployer bargaining association called the Topeka Area Glazing Contractors Association. The association's collective bargaining agreement with the
Mathews filed a grievance under a CBA with owners of the Denver Post and Rocky Mountain News, alleging that his demotion was motivated by national origin discrimination and in retaliation for
A collective bargaining agreement existing between the Elevator Manufacturers' Association of New York and Local 1 of the Elevator Workers Union contained a no-strike clause and a provision requiring
Carlyle Cline, age 42, was employed for 10 years by Roadway Express Company, most recently as a loading dock supervisor at a Roadway terminal in North Carolina. Cline had received periodic merit pay
A U.S. district court issued a Boys Marketsinjunction enjoining a strike by the United Mine Workers against King Coal Company. The union was about to strike over whether a laboratory technician was
What are the reinstatement rights of economic strikers as opposed to unfairlabor-practice strikers?
1. Does the Oncale decision transform Title VII into a general civility code for the American workplace?2. What standard should apply in judging whether the conduct in question amounted to sexual
1. Are claims based on sexual orientation and gender identity not covered by Title VII of the Civil Rights Act?2. What is a PriceWaterhouse v. Hopkins gender stereotyping lawsuit?[The plaintiff,
The International Ladies Garment Workers' Union obtained 59 signed authorization cards from the 86 employees at the Robin American Zipper factory in Hialeah, Florida. In late November, the union
Evaluate the effectiveness of the strike weapon for unions versus the employers’ economic weapons.
Distinguish between economic, unprotected, and employer unfair-labor-practice strikes.
1. Did the ILA prove that the invocation of the Taft-Hartley Act was the product of “collusion” between the United States and the PMA?2. The 2002 case was the first case to arise primarily from a
1. What did Sommers claim?2. Does theTitleVII ban on sex discrimination encompass discrimination based on transsexualism?PER CURIAM….Sommers claims to be "female with the anatomical body of a
1. How did the labor dispute that led to this litigation arise?2. What are the issues before the Supreme Court?3. Does the majority believe that the doctrine of stare decisis bars a reexamination of
1. What is a “sympathy strike?”2. Does a general no-strike clause that does not reference sympathy strikes constitute a waiver of the right to participate in a sympathy strike?[Teamsters Local
The Federal Aviation Administration (FAA) has promulgated a federal regulation that prohibits airlines from employing pilots or copilots past age 60. The FAA's rule is recognized by the courts as a
1. Why was Mayson fired from his job?2. Does Section 702 allow a religious organization to refuse to hire or to continue in employment individuals who are not members of the religious organization
1. Assess the “delayed start” tactic used by the union in this case.2. What were the consequences of the unsound advice from the union in this case?[The union is the certified collective
1. Does the Christian Science Monitor violate Title VII by giving preference to Christian Scientists when hiring reporters for the newspaper?2. Does Section 702 of Title VII allow religious societies
1. What balancing test does the court employ in determining whether an employee’s act of violence justifies the employee’s dismissal?2. Why does the court find that Greene’s dismissal was not
1. Because of the residency requirements, what percentage of blacks were effectively barred from consideration for employment by the villages?2. Assess the fairness of the villages’ recruiting
1. The labor law governing labor disputes in the airline industry is the Railway Labor Act. May the Supreme Court look to cases decided under the NLRA when deciding a case under the RLA?2. May an
Can an employer terminate older employees during a reduction in the employer’s workforce without violating the ADEA?
Texaco, Inc., operates a refinery in Anacortes, Washington, and contracts with independent contractors to process a refinery byproduct into a commercially usable product at a separate on-site coking
The United Paperworkers International Union engaged in a lawful strike against Duro Paper Bag Company. In furtherance of its dispute with Duro, the union established pickets at two local Kroger
As a result of the passage of the Equal Pay Act of 1963 and Title VII of the Civil Rights Act of 1964, have the overall earnings for women become roughly comparable to that of men?
In reviewing a claim under the Equal Pay Act, do the courts require that the jobs in question be identical?
1. What are the traditional remedies available to victims of employment discrimination under Section 706(g) of the Civil Rights Act of 1964?2. Did Congress in the Civil Rights Act of 1991 expand the
R. H. Drukker & Company, a nonunion general contractor, was engaged to construct a restaurant and adjacent office building on a large site in New Jersey. Drukker completed preliminary work on the
1. Why didn’t the Supreme Court give its usual deference to the Board’s interpretation of the statute in this case?2. Is picketing qualitatively different from hand-billing?3. Did the Court
Ashton Company was the general contractor on a construction project for American Smelting and Refining Company. Ashton had received objections from members of Local 741 of the Plumbers Union when it
Arlie Heald, business agent for Local 265 (IBEW), had been told by Roger Trautwein, RP&M might be interested in signing a collective bargaining agreement with the union for its employees. After
Local 182, International Union of Electrical Workers, went on strike at the General Electric (GE) plant in Hickory, North Carolina, on October 24. The union immediately established a picket line in
The members of Teamsters Local 391 established a picket line immediately upon commencement of a lawful strike against their employer, Seaboard Foods, Inc., of Rocky Mount, North Carolina. After
Jimmy Hunter, business agent for Pipefitters Local 101, arranged a meeting with Ben Jenkins, the president of Interstate Plumbing and Heating Corporation. He told Jenkins that he had in his
1. What is the question before the Supreme Court?2. What was the objective of Congress in the enactment of Title VII?3. Would the Court order the case against the employer to be dismissed if it found
1. What unfair labor practices did the employer commit?2. Was the agreement a strike deterrent? Why or why not?3. What did the Court find as to the legality of the union conduct?[Mastro Plastics
J. R. Stevenson Corporation was engaged in a large construction project for which it needed intrasite and intersite truck drivers belonging to the Teamsters Union. Part of the collective bargaining
The labor agreement in effect between the Retail Clerks Union and Alpha Beta Company governing its grocery store employees contained a no-strike provision and a sympathy strike provision that allowed
The Wine and Liquor Store Employees Union had a union security clause in its collective bargaining agreement with Oz Liquor Company. The agreement provided that when an employment vacancy occurs, the
Does Section 8(b)(3) regarding a labor organization’s duty to bargain collectively impose any more duties than Section 8(a)(5) regarding an employer’s duty to bargain collectively? Explain.
What was the purpose of including unfair labor practices for labor organizations in the NLRA in 1947?
ABX operates as a common carrier, delivering packages and freight by air. ABX and the Airline Professions Association, IBT, were parties to a collective bargaining agreement. In the fall of 1999,
What are the dual objectives of Section 8(b)(4) of the NLRA?
The Pacific & Arctic Railway halted operations between Skagway, Alaska, and the Yukon Territory. The union filed grievances, and a three-member arbitration panel, consisting of a union member, a
1. How did the release violate the ADEA?2. Did the Court find that the plaintiff’s retention of the money given by the employer in compliance with the severance agreement served as ratification
To what extent may consumer picketing be carried out legally?
The International Brotherhood of Teamsters was the certified representative of Western Airline’s mechanics, stock clerks, and flight instructors. The Air Transport Employees’ Union represented
1. Why did the employer tell Rhodes that he was being terminated because of a RIF, and why did supervisor Snyder place a memo in Rhodes’s file about lacking expertise in downhole operations?2.
Lakeland Enterprises, a water and sewer contractor, was engaged in a project on a public street in Marshfield, Wisconsin, when Chad Greenwood, an OSHA compliance officer, was driving by the project
Section 7 of the National Labor Relations Act (NLRA) provides in part that employees shall have the right “to engage in … concerted activities for the purpose of … mutual aid or protection.”
1. Summarize the facts and procedural background of the case.2. Under the Spielberg-Olin policy of deferral to existing arbitration awards, was the ALJ obligated to defer to the arbitrator’s
Can secondary activity be found at a single building construction site? On a primary employer’s own property?
The International Association of Machinists filed a petition with the National Mediation Board calling for a Board investigation of a representation dispute among certain employees of British
1. What options did the employer have at its disposal to improve the performance of the sales department other than the massive terminations of its older employees?2. Speculate as to why Gfeller and
Distinguish between the strike and the boycott and between the boycott and the picketing weapons in labor disputes.
The United Transportation Union (UTU), a representative of the employees of Burlington-Northern Railroad Company, notified the railroad of a new request governing the compensation of train crews. The
1. Did the Court’s decision make it easier for older workers to sue for age discrimination on the job?2. Disparate impact claims exist where an employer’s facially neutral employment practices,
James Ray, a member of the Bakery Workers Union, was employed at Cotton Brothers Baking Company. Ray, who had a history of tardiness and absenteeism at Cotton Brothers, experienced automobile
Thomas Huber, the shop steward for the Machinists Union at G&H Products, Inc., was discharged for encouraging employees to engage in insubordination. He had told employees not to fill out a new
1. Given a conversation that an employee had with her supervisor about applying for a promotion, which resulted in a question about age and a response by the supervisor when she found out that the
1. Explain the “secondary” nature of Local 164’s actions in this case which were held to be a violation of Section 8(b)(4).2. Area-standards picketing is legal. Was this a valid defense for
1. Define the term hot cargo clause.2. Why was Section 8(e) of the Landrum-Griffin Act made law?3. What test did the Supreme Court set out for determining whether the “will not handle” clause and
1. What rationale exists for the construction industry proviso allowing unions in the construction industry to negotiate hot cargo provisions in their collective bargaining agreements?2. Since United
Is a voluntary arbitration decision enforceable? If so, how?
1. What is the employer’s view as to the origin of “explicit,” “well-defined,” and “dominant” public policy that makes the agreement to reinstate Smith contrary to public policy?2. Did
1. What was the union conduct complained of by Safeway stores?2. On what grounds did the NLRB prohibit the picketing?3. How does the Supreme Court view the legality of this boycott?4. Is peaceful
1. State the Babcock rule as set forth in the majority opinion. Is the exception to the rule a broad one?2. Did the nonemployee union organizers have reasonable access to Lechmere employees outside
The Transport Workers Union of America represented flight attendants for Eastern Airlines. The collective bargaining agreement in effect between the union and Eastern included a clause requiring that
Flight attendants employed by Transamerica Airlines, Inc., and represented by the Teamsters Union went on strike over new contract terms. The Air Line Pilots Association (ALPA), the exclusive
1. Did the carrier produce evidence that the train was operating at an excessive speed considering the weight of the train? Did the Board find that the carrier met its burden of proof?2. If the train
1. Summarize the facts of the case.2. Assess the fairness of the ex parte temporary restraining order granted on March 14.3. Was the 50-foot provision justified by the state’s interest in
1. What does the Bennett Amendment provide?2. What did the employer argue was the purpose of the Bennett Amendment?3. State the Supreme Court’s decision.4. If the equal work standard were to apply,
1. Summarize the facts of the case.2. Who brought the two court actions against Corning Glass Works?3. Does the statutory term “working conditions” encompass the time of day worked?MARSHALL,
1. For the purpose of the EPA, are each of Nash Finch’s distribution centers separate “establishments”as that term is used in the EPA?2. Did the record before the court show that Ms. Renstrom
1. Do procedures exist for the executive branch to intervene in a railway labor dispute and interrupt any self-help measures that may be disrupting essential transportation services?2. Does the
1. What is the source of the arbitrator’s authority?2. What is the rationale for the “work now grieve later” principle?3. Based on the facts, could the disciplined employee have brought a
Does Section 4 of the Norris-LaGuardia Act prohibit the use of strike injunctions in cases arising under the RLA?
Were conciliation and mediation affected by the 1947 Act? If so, how?
Is compulsory arbitration constitutional?
Why did the 1966 amendments to the RLA establish special boards of adjustment?
Is compulsory arbitration constitutional?
1. Was the union’s distribution of handbills a violation of Section 8(b)(4)(ii)(B) of the NLRA?2. State the rule of the case.3. Compare the impact on neutral employers of responsive consumer action
What rights of employers are protected by the RLA?

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