Questions and Answers of Labor and Employment Law

What, if any, incentives can an employer offer employees to retire voluntarily? Can an employer require employees to waive their rights under the ADEA as a condition of receiving such
What must an employer show to establish a BFOQ under the ADEA? What other defenses are available to an employer under the ADEA?
Many ADEA suits arise from workforce reductions.What factors should an employer consider to determine which employees to be laid off?
When can an employer institute a mandatory retirement age for employees?
What must a plaintiff demonstrate to make a disparate impact claim under the ADEA? What defense can an employer raise in an ADEA disparate impact case?
Springfield Power Co. lost a major electricity customer when General Motors closed several auto factories in Springfield’s service area. Because of the loss of business, Springfield decided to
Davis, an Indiana State Police officer, resigned to take another job when he was aged forty-two. Two months later he asked to be reinstated to his old position. The Indiana State Police refused
Wholesale Grocers, Inc. is shutting down several warehouses in upstate New York. The company’s pension plan provides that employees are entitled to a nonforfeitable pension upon retirement after
Burns, aged sixty-four, and Smithers, aged thirtyeight, were applicants for the position of postmaster at the Shelbyville Post Office. Burns had been the assistant postmaster for several years, and
The city of Memphis is experiencing a budget shortfall. By abolishing the rank of captain, the chief of police demonstrates that the Memphis Police Department will save $1,400,000. Unlike promotion
Ann Lindsey and Linda York, both over forty years old, were employed as head waitresses shortly after the opening of the Cabaret Royale, an upscale gentlemen’s club in Dallas. Its facilities
The El Paso Natural Gas Company had a rule that pilots of the company’s private planes must either accept ground jobs or retire at age sixty. Pilots’ duties included night flying, visual flying,
Giles Parkinson had been Chief General Counsel for Cordmaker, Inc. for a number of years. He was nearly sixty years old. After experiencing financial difficulties and a severe downturn in business,
Gerald Woythal was Chief Engineer for Tex-Tenn Corp. He was one of the company’s original employees and sixty-two years old. His boss was Operating Manager James Carico. Carico found it difficult
Ralph Sheehan was an assistant editor at Racing Form, Inc., a publisher that prints horse racing newsletters, programs, and tout sheets. Racing Form decided to computerize its operations, which would
DeLormer is sales manager for Fast Freddy’s Auto Sales, a local car dealer selling Kia, Hyundai, and Subaru cars. Fred Fischer, the owner of Fast Freddy’s, decides to reorganize his workforce due
Rotert, age fifty-nine, worked as a mortgage processing officer. Her manager told her that her duties were being changed to those of a loan consultant and that she would be transferred to another,
The City of Rochester will not accept applications for positions with the city’s fire department and police department from persons over the age of thirty. The city also has a mandatory retirement
Kentucky’s state pension system requires that police officers who are disabled after reaching the age of fifty-five to retire and receive normal retirement benefits, while officers who become
Watkins Co. was looking to hire an administrative secretary, and after viewing the applications of various candidates, selected two applicants for personal interviews. When the manager interviewed
What is rights arbitration? What is interest arbitration?Why is arbitration used to resolve contract disputes between unions and employers?
When will a court enforce a contractual promise to arbitrate disputes over the interpretation and application of a collective agreement? When should a course refuse to enforce an arbitrator’s
What remedies are available to an employer againstworkers striking in violation of a no-strike clause? Against a union striking in violation of a no-strike clause?
When will the NLRB defer consideration of an unfair labor practice complaint to arbitration?
When is a successor employer obligated to recognize and bargain with the union representing the employees of the former employer?
An employee of the Du Pont Company’s plant in East Chicago attacked his supervisor and another employee and destroyed some company equipment all for no apparent reason. He was discharged by the
The labor contract between the West Penn Power Company of Arnold, Pennsylvania, and System Local No. 102 of the Utility Workers of America included a provision that employees engaged in the
Safeway Stores, Inc., discharged a journeyman meat cutter for disobeying an order and threatening a supervisor with physical harm. United Food and Commercial Workers Local 400 filed a grievance on
The Cleveland Press and The Plain Dealer, the two daily newspapers in Cleveland, Ohio, were part of a multiemployer bargaining group that had signed a collective bargaining agreement with the
Nolde Bros. Bakery’s collective bargaining agreement with the Bakery & Confectionery Workers Union, Local 358, provided that any grievance between the parties was subject to binding
The Grissom family owned and operated a motor lodge and restaurant franchised by the Howard Johnson Co.; they employed fifty-three employees, who were represented by the Hotel & Restaurant Employees
The underlying dispute in this case arose when Waller Brothers, which operates a stone quarry engaged in removing and processing stone and packing the stone in boxes for shipment, purchased an
HMC Management Corp., an apartment rental and management company, discharged two of its employees for substandard work performance. The employees, represented by the Carpenters Union, filed
The appellate court judge who wrote the decision of the three-judge panel in this case began his opinion as follows:Coffin, Chief Judge—This tempest has beenbrewed in a very small teapot. The
Stikes, an employee of Chevron Corp., was discharged for refusing to allow the employer to search her car under a company antidrug policy, adopted in 1984, that required workers to submit to
The employees of Robinson Ford Sales, a local auto dealer, are represented by Local 303 of the United Automobile Workers Union. Because of slumping sales, the dealership announces that it must change
West World Holding, Inc. owned an office building in Boise. The maintenance and cleaning employees for the building were represented by Service Employees International Union, Local 32, and the union
Crucible Metals Foundry makes structural steel for the construction industry, but has been losing orders because new construction has been affected by the lack of availability credit funding.
Sievers, a union steward at Spina Manufacturing Co., was fired when he filed a grievance over the employer’s change to its overtime pay policies.Sievers argued that the action was in violation of
Michaels, a police officer with the Shelbyville Police Department, was dismissed for violating the city’s sexual harassment policy. Michaels and the union representing the police officers, filed a
What kind of activity is protected by Section 7 of the NLRA? What is the effect of such protection? When can an individual acting alone be considered to be engaged in concerted activity under Section
To what extent may an employer limit union soliciting by employees? By nonemployees?
What is the relevance of motive under Section 8(a)(1)? What is the relevance of motive under Section 8(a)(3)? Explain.
What are union security provisions? Why would unions want to negotiate such provisions? Why are closed shop agreements outlawed?
To what extent is an economic strike protected activity? To what extent is an unfair labor practice strike protected activity? What is the practical significance of the difference in the treatment of
Sandra Falcone was employed as a dental hygiene assistant. During a staff meeting, Dr. Trufolo discussed some work-related problems. Falcone and a co-worker interrupted the meeting several times to
Potter Manufacturing Co. laid off fifteen employees because of economic conditions and lack of business.The union representing the employees at Potter subsequently discovered that the employer had
Shortly after the union won a representation election in a Philadelphia-area hospital, the hospital fired the union steward, allegedly for failing to report to work.Some eighteen months after the
During a strike by the employees at Gillen, Inc., the picketers carried signs referring to the company and its president as “scabs.” The president of Gillen, Inc., D. C. Gillen, filed a
Rubber Workers District No. 8 began an organizing campaign at Bardcor Corporation, a small manufacturing company in Guthrie, Kentucky, during the summer of 1981. Shortly after the campaign began, the
Employees of New Hope Industries’ Donaldsonville, Louisiana, plant went on strike to protest the company’s failure to pay them on time and to force assurance that they would be paid on time in
Handicabs, Inc. provides transportation services to disabled and elderly persons in the Minneapolis–St. Paul metropolitan area. Handicabs established a policy prohibiting the discussion of
In response to rumors that the employees of Tristeel Fabrication, Inc. were seeking to join a union, Strodel, the plant manager, held a meeting with the employees. Strodel informed them that if they
Santos Diaz, Antonio Lopez, Rafael Naraes, and Jose Rivera worked on the dock crew for Mike Yurosek&Son, Inc., a vegetable packing company. Each had been employed by Yurosek for between nine and
Lawson runs 700 convenience food stores in Ohio, Indiana, Pennsylvania, and Michigan. Following the murder of an employee in a Lawson store, the United Food and Commercial Workers Union(UFCW) began
Citywatcher.com, a video surveillance company, has issued a work rule requiring its employees to have radio frequency identification chips embedded in their forearms, in order to monitor the
Gonzales worked in the meat department of Groceries-R-Us, and also served as a union steward at the store. When he learned that he had been scheduled to work on Saturdays, Gonzales confronted his
Decker, the regional manager for Aquatics, Inc., called Ali, one of the company’s sales representatives, into his office for a one-on-one meeting. Decker asked Ali how the local management was
St. Pancras Medical Center, an acute-care hospital, issued a memorandum prohibiting its nursing and patient care employees from wearing buttons which read “RNs Organized to Promote Patient
Watkins is a member of the bargaining unit at Stith, Inc., and has been very vocal in his criticism of the performance of the union’s leadership in the last contract negotiations. Ronnie Elder, the
Under what circumstances may an employer whose employees are unionized bargain legally with individual employees?
Must an employer refuse to bargain with either union when two unions are seeking to represent the employer’s workers? Explain your answer.
What are mandatory bargaining subjects? What is the significance of an item being classified as a mandatory bargaining subject?
When is an employer required to provide financial information to a union?
What conduct by unions is subject to the antitrust laws?
During bargaining, the employer reached an impasse on (a) a detailed “management rights” clause, (b) a broad “zipper” clause, (c) a waiver-of-past-practices provision, and (d) a no-strike
The personnel department at an electrical utility had a policy of giving all new employees a “psychological aptitude test.” The union demanded access to the test questions, answers, and
During negotiations for renewing the collective agreement, the union representing the employees at Mercy Hospital presented a proposal that the hospital cafeteria be open for all employees from the
Sonat Marine was engaged in the business of transporting petroleum and petrochemical products.The Seafarers InternationalUnion (SIU) represented two separate bargaining units of Sonat’s
Pratt-Farnsworth, Inc., a unionized construction contractor in New Orleans, owned a nonunion subsidiary, Halmar. During negotiations of a new collective bargaining agreement with Pratt-Farnsworth,
The company and the union commenced collective bargaining in April 2003. After four sessions, the company submitted, on June 15, a contract package for union ratification. Two days later, the
For more than thirty years without challenge by the union, the Brod & McClung-Pace Co.’s bargaining unit employees performed warranty work at customers’facilities. Then the international union
After five sessions of multiemployer bargaining, the Carpenters’ Union and the Lake Charles District of the Associated General Contractors of Louisiana reached a new agreement. However, the printed
The production workers at Molded Products Co., represented by the Allied Workers Union, went on strike in June 2002, after their collective agreement expired. The strike lasted two months, and during
Plymouth Stamping, an automotive parts company located in Michigan, decided to contract out its parts assembly operations in response to deteriorating sales and financial conditions. It notified the
During the negotiations between the employer, Spina Mfg., and the union representing Spina’s employees, the union representative noted that the company did not have an Employee Assistance Program
Rodgers Graphics, a commercial printer, refused to bargain with the Communications Workers of America, Local 14, after its collective bargaining agreement expired. The company claimed that it had a
Lakeland Bus Lines, Inc. is a private bus company whose drivers are represented by the Amalgamated Transit Union, Local 164.The parties’ collective agreement expired on January 31, 2007. In
Callahan Construction Co. and the Carpenters’Union had concluded negotiations for a new collective agreement covering Callahan’s employees, when the union representative informed Callahan that
Local No. 580 of the Teamsters Union was certified by the NLRB as the exclusive bargaining representative for the employees of Adams Potato Chip Co.At subsequent negotiations for a collective
What agencies were created by the Occupational Safety and Health Act, and what are the roles of those agencies?
Describe the procedures used to create permanent standards under OSHA.
When can employees exercise the right to refuse to work under OSHA without fear of reprisal?
What is the purpose of workplace inspections under OSHA? What is the effect of the Barlow’s case on that purpose?
What procedures must be followed in issuing a citation under OSHA? What penalties may be imposed for violations of OSHA?
An employee filed a complaint with the Occupational Safety and Health Administration, accusing her employer—a printing plant—of assorted safety violations. A few days after filing the complaint,
The U.S. Department of Labor’s Wage and Hour Division audited an employer and determined that the company had committed violations of the minimum wage and overtime provisions of the federal Fair
Following an explosion and fire at an employer’s petrochemical facility, OSHA investigators interviewed numerous employees of the company. While OSHA’s investigation was still pending, the
Because the availability of new plots was becoming very limited, a cemetery company in a major metropolitan area began selling single plots wherein a husband and wife ultimately would be interred one
Employees of the state’s Department of Environmental Management (DEM) complained to the state’s attorney general that their agency was not properly implementing the requirements of the federal
Sami Al-Arian was a tenured professor of computer engineering at the University of South Florida. Early in 2002, the university terminated his employment, citing his public statements, reported by
About one year later, Al-Arian was charged by federal law enforcement officials with raising money to support a terrorist organization, Palestinian Islamic Jihad, allegedly responsible for more than
We have seen in this chapter that OSHA shares responsibility for workplace health and safety with a variety of other federal agencies (such as the U.S.Coast Guard), as well as state and local
Plaintiff drove a bus for defendant Diversified Paratransit, Inc., which was in the business of transporting developmentally disabled adults and children from their homes and care providers to
The plaintiff in this case was employed by United Engineers and Constructors at its chemical weapons incinerator on the Johnston Atoll in the South Pacific.Due to the types of weapons handled at the
The Hot Zone Thermometer Company manufactured outdoor thermometers in a small factory in the Bronx. The company employed illegal aliens of various backgrounds to do the assembly work. This work,
Columbia Iron & Steel, Inc. operates a foundry, where pipes and other plumbing fixtures are cast.Much of the raw material used in the manufacturing process comes from scrap metal or all kinds,
Geraldine Jones is a clerk in the Sack-of-Suds convenience store. She works on the night shift alone. OSHA has issued recommendations for prevention of workplace violence, many of which relate
The High-Flier Aircraft Company manufactures small aircraft in a plant which features a fifty-foot high, arced roof; this accommodates an overhead crane to move the aircraft fuselages from one end of
Responding to a call alleging safety violations from a janitorial employee at the Toddler Togs garment factory, an OSHA inspector drives up to the back of the factory. A group of workers on break is

Showing 400 - 500 of 1114