Question
1. Immar Medrano was employed as a journeyman electrician by Marshall Electrical Contracting, Inc. (MEC), in Marshall, Missouri. Medrano attended an electrician apprenticeship night class
1. Immar Medrano was employed as a journeyman electrician by Marshall Electrical Contracting, Inc. (MEC), in Marshall, Missouri. Medrano attended an electrician apprenticeship night class at a community college in Sedalia, Missouri. MEC paid Medrano's tuition and book fees. Attendance at the course required Medrano to drive 70 miles round-trip. One night, when Medrano was driving home from the class, a drunk driver crossed the center line of U.S. Highway 65 and collided head-on with Medrano's automobile. Medrano died in the accident. His wife and two children filed a workers' compensation claim for death benefits against MEC. Are Medrano's actions at the time of the automobile accident within the course and scope of his employment, thus entitling him to workers' compensation benefits? Explain your answer.
2. The union (Union) member-employees of the Erie Resistor Company (Company) struck Company over the terms of a new collective bargaining agreement that was being negotiated between Company and Union. Company continued production operations during the strike by hiring new hires and crossover union members who were persuaded to abandon the strike and come back to work. Company promised all replacement workers super seniority. This would take the form of adding twenty years to the length of a worker's actual service for the purpose of future layoffs and recalls. Many union members accepted the offer. Union filed an unfair labor practice charge with the National Labor Relations Board (NLRB). Is Company's offer of the super seniority lawful? Explain your answer.
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