saint gba335 all modules quizes latest 2105 [ all 8 quizes ]

| June 11, 2016

Question

In the Hunt case, what was the “manifest intent” of the labor organization? What advantage was the theoretical goal of the workingmen to participate in a labor organization? Philosophically, why is “distributive justice” an important goal of society? Explain your position.

Question 2. Question : In Hunt, how does the court define a criminal conspiracy and when is a labor union not a criminal conspiracy?

Question 3. Question : In the Lawlor case, what purpose was pursued by the United Hatters and what pressure methods did the American Federation of Labor and the United Hatters exert? Philosophically, do you support the position that it is necessary that all laborers participate in the union in order to increase its effectiveness? What arguments exist that such is unethical coercion? State the rule of law in the Lawlor case.

Question 4. Question : In Hitchman Coal, what agreement did the Hitchman Company ask its employees to abide by? What arguments can be made that this act by the company should be made unlawful because it constitutes an overly coercive act and is harmful to society as a whole? Briefly explain your position.

Question 5. Question : At the time of the Hitchman case, what is a closed shop and which states were mining coal on a closed-shop basis? Also, were the organizing efforts of the UMWA peaceful? Was this a good defense? Explain your answer.

Student Answer: A closed shop is a union organization that employers (mining

Question 6. Question : In Hitchman, did the Court concede that workers had the right to form and join labor organizations? In your view, did this opinion place too much control within capital so as to make meaningless any labor union? Support your position.

Question 7. Question : In Hitchman, did the Court uphold the yellow-dog contract? Why or why not?

Mod 2

In Pollard, what are the traditional remedies available to victims of employment discrimination under § 706(g) of the Civil Rights Act of 1964?

Question 2. Question : What are the two types of “front pay?” Is front pay an element of compensatory damages subject to the cap for sex and religious discrimination? Explain your answer.

Question 3. Question : In Griggs, what was the objective of Congress in the enactment of Title VII? As a result of the Griggs decision, may employers insist that both minority and white job applicants meet the applicable job qualifications by the use of testing or measuring procedures? Explain your answer.

Question 4. Question : In Villages of Elmwood, what was the problem with the Villages’ recruiting procedures?

Question 5. Question : Does the Christian Science Monitor violate Title VII by giving preference to Christian Scientists when hiring reporters for the newspaper? Explain your answer.

Question 6. Question : In Mormon Church, why was Mayson fired from his job?

Question 7. Question : Does Section 702 allow a religious organization to refuse to hire or to continue in employment individuals that are not members of the religious organization where the positions involved are nonreligious jobs? Explain your answer.

Question 8. Question : In Sommers, what did Sommers claim?

Question 9. Question : Does the Title VII ban on sex discrimination encompass discrimination based on transsexualism? Explain your answer.

Question 10. Question : In Oncale v. Sundowner, did the court strike down same sex sexual harassment? If such a claim exists, must homosexual intent become an underlying basis of the claim? Explain your answer.

Question 11. Question : In Burlington, how did the court define quid pro quo sexual harassment? Was Burlington liable under the theory of vicarious liability?

Question 12. Question : Concerning Adams, is it illegal under state law for an employer to retaliate against an employee for calling the state Health Department about an unsafe or unsanitary kitchen condition? Explain your answer. Was Adams entitled to damages for emotional distress without supportive expert medical testimony? Explain your answer.

Question 13. Question : State the rule of the law in the Haddle v. Garrison case.

Question 14. Question : In Nike, review the wording of the noncompete agreement as to duration and territory. Is it unreasonably restrictive on McCarthy? Why or why not?

Question 15. Question : Was the restraint reasonably necessary to protect Nike’s business? Explain your answer.

Question 16. Question : Give your opinion on the ethics of businesses converting employees to independent contractors to reduce or eliminate costs, such as health and retirement benefits, vacations, overtime, and maintenance and proper insurance of motor vehicles.

mod 3

In Desert Palace, what is a mixed motive case? Give an example from the text.

Question 2. Question :

What remedy options exist in a mixed motive case where the jury determines that the employer demonstrated that it would have taken the same employment action of termination regardless?

Question 3. Question :

In Albemarle did a showing that the employer had not acted in bad faith relieve the employer from a back pay obligation? Explain your answer. Does the Supreme Court agree with the district court’s ruling in Albemarle that it has unfettered discretion in fashioning a remedy? Explain your answer.

Question 4. Question :

In Gilmer, what position did the court take on companies that chose to place mandatory arbitration clauses in an employment contract?

Question 5. Question :

In Steelworkers, what led Kaiser to contract with the union concerning the affirmative action training program? What did the Court state was the question before it?

Question 6. Question :

Can the Court set guidelines for what are permissible and impermissible affirmative action plans? Explain your answer.

Question 7. Question :

In San Francisco Police, did the district court determine that the decision to re-score the components of the exam was not a race- and gender-conscious act? Was the city’s obligation under the consent decree not to practice racial or sexual discrimination applicable to white male police officers? Explain your answer.

Question 8. Question :

In Waffle House, evaluate the dissent’s view as it relates to Baker waiving his “right to seek relief for himself in a judicial forum by signing an arbitration agreement.”

Question 9. Question :

In Beverly Enterprises, are sanctions issued against government contractors calculated to punish them for failure to live up to their affirmative action responsibilities under these contracts? Explain your answer.

Question 10. Question :

In Saint Francis College, why did the plaintiff bring a Section 1981 claim rather than rely on a Title VII claim?

Question 11. Question :

Can a Section 1981 claim include a charge of discrimination by one Caucasian against another? Explain your answer.

Question 12. Question :

Did the plaintiff prove that St. Francis College had discriminated against him because of his Arabian ancestry? Explain your answer.

mod 4

uestion 1. Question :

What was the basic problem in Corning Glass? Who brought the two court actions against Corning Glass Works?

Question 2. Question :

In the Gunther case, what does the Bennett Amendment provide?

Question 3. Question :

In City of Jackson, did the Court’s decision make it easier for older workers to sue for age discrimination on the job? Explain your answer.

Question 4. Question :

In Zippitelli, what did the court state the requirements were for putting forth a prima facie case under the ADEA? From this case, what is a “pretext to mask a discriminatory motive?” Give an example.

Question 5. Question :

In Liggett, 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? Why did Gfeller and McMorrow favor younger employees over older employees?

Question 6. Question :

If a person wrongfully forced to take early retirement signs a release not to sue the company for violation of the ADEA, is that release a defense in a subsequent ADEA lawsuit? Explain your answer.

Question 7. Question :

In Oubre, how did the release violate the ADEA? Did the court find that the retention of the money given by the employer in compliance with the severance agreement served as ratification equivalent to a valid release of ADEA claims? Explain your answer.

Question 8. Question :

Does the employer have a right to a setoff against this employee for the money paid to her by the employer? Explain your answer.

Question 9. Question :

In reviewing a claim under the Equal Pay Act, do the courts require that the .homeworkminutes.com/answer/view/75142#”>jobs in question be identical? Explain your answer.

Question 10. Question :

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? Explain your answer.

Question 11. Question :

Can an employer terminate older employees as a reduction in the employer’s workforce without violating the ADEA? Explain your answer.

Question 12. Question :

In Cook, are extremely overweight individuals protected under the Rehabilitation Act from discrimination based on their morbid obesity? Explain your answer.

Question 13. Question :

Can a person be considered as having a disability and thus be eligible for the protections of the Rehabilitation Act when that individual can rid herself of the “disability” by simply losing weight? Explain your answer.

Question 14. Question :

In Arline, why did the school board terminate Arline?

mod 5

In Air Traffic Controllers, what effect does revocation of a union’s “exclusive recognition status” have on the viability of a union? Philosophically, what justifications may be made to treat a public union differently than a private union with regard to powers of revocation of a union?

Question 2. Question :

Did the FLRA abuse its discretion in the Air Traffic Controllers case? Explain your answer. How did the non-strike provisions become a requirement? Did the law impose it or had the employees chosen it? Explain your answer.

Question 3. Question :

In City of New York, what was defendant DeLury’s role in the dispute? Could DeLury’s role be characterized as legitimate civil disobedience? What action did the lower court take against the defendant and the union for violating the preliminary injunction?

Question 4. Question :

In Professor Taylor’s view, does condemnation of strikes by public employees effect a valid policy for a state government? Explain your answer.

Question 5. Question :

In County Sanitation, do strikes by public employees result in public employers making extraordinary concessions? Explain your answer. State the ruling of the County Sanitation case.

Question 6. Question :

In NASA, how did the Supreme Court rule in this case?

Question 7. Question :

In Chicago Teachers Union, what was the “free rider” problem the Union and Board of Education tried to resolve?

Question 8. Question :

How has the federal government provided for bargaining rights for federal employees?

mod 6

In NLRB v. Jones & Laughlin Steel Corps, what action did the Board take after investigation of the above charges? Philosophically, why is the potential remedy of reinstatement of an employee critical? Why would a simple increase in civil damages for money for the employment not suffice?

Question 2. Question :

Does the NLRA compel agreements between employers and employees? Explain your answer. What may the NLRA require of the parties?

Question 3. Question :

In Catholic Bishops of Chicago, is religious training mandatory at all of the schools in question? Should that be the case in your view? Explain your answer.

Question 4. Question :

In the Textile Workers of America Supreme Court opinion, is it permissible for an employer to close a business in whole or in part for the sole purpose of defeating a validly elected union local?

Question 5. Question :

What is a “Runaway Shop” and what remedy, if any, is available where it exists?

Question 6. Question :

In Town and Country Electric, what factors did the Board rely on in making its decision?

Question 7. Question :

In Yeshiva University, state the issue before the Supreme Court. What was the Court’s decision on the issue in this case?

Question 8. Question :

In the Weingarten case, does the Court’s opinion give an unlimited right to an employee to have a union representative present when the employee is being questioned? Explain your answer.

Question 9. Question :

What is the Court’s primary reason for leaving unfair labor practice determinations to the NLRB rather than the courts?

Question 10. Question :

In IBM type cases, list some advantages and disadvantages to having a coworker present at an investigatory interview.

Question 11. Question :

In Transportation Management Corp, according to the General Counsel’s position, why was Mr. Santillo fired by his employer? Why was Mr. Santillo fired according to the company? Did the Supreme Court find that the Board was justified in concluding that Mr. Santillo would not have been discharged had the employer not considered his efforts to establish a union? Explain your answer.

mod 7

Question 1. Question :

What are the three federal agencies created by the OSH Act? What are the responsibilities of each? What is the logic of having three agencies administer this act? Do you think such divisions of responsibilities is efficient or necessary?

Question 2. Question :

Describe the process and standard of proof for appealing an OSHA standard.

Question 3. Question :

As described in American Textile, what is byssinosis? In this case, did OSHA demonstrate that the Cotton Dust Standard was reasonably necessary or appropriate to protect employees against a significant risk of health impairment as required by the Industrial Union Department v. American Petroleum Institute decision? Explain your answer.

Question 4. Question :

Does the Occupational Safety and Health Act require the Secretary of Labor, in promulgating a standard pursuant to Section 6(b)(5), to determine that the costs of the standard bear a reasonable relationship to its benefits? Explain your answer. Philosophically, how does one measure the balancing of the burden of a safety practice with the effectiveness of accomplishing a task? Using the new controversary of NFL head trauma injuries in the news, who should have the ultimate say in just how protective a football helmet is made, the owners or the players? Defend your position.

Question 5. Question :

Did the Secretary (OSHA) make the necessary determinations that the wage guarantee requirement was related to the achievement of a safe and healthful work environment? Explain your answer.

Student Answer: The OSHA ensured that wage guarantee requirement was recited

Question 6. Question :

What, in your view, were the facts of the General Dynamics case?

Question 7. Question :

Can a standard issued by the Secretary of Labor displace the statutory general duty standard? Explain your answer.

Question 8. Question :

If an employer knows that a specific standard will not protect its workers against a particular hazard but can prove that it is in full compliance with the specific standard, can the employer be held to be in violation of the general duty clause? Explain your answer.

Question 9. Question :

In Whirlpool, was the supervisor’s order to perform maintenance duties on the old section of the screen contrary to the company’s directive not to step on the screen or the angle iron supporting the structure? Explain your answer.

Question 10. Question :

Does the Secretary’s regulation require the employer to pay employees who refuse to perform work in the face of imminent danger? Explain your answer.

Question 11. Question :

In Marshall, how does the Secretary of Labor respond to the argument that warrants are essential to protect the businessperson’s privacy interest? In order to secure a warrant after the Marshall decision, must the Secretary demonstrate probable cause to believe that conditions in violation of OSHA exist on the premises? Explain your answer.

mod 8

Question 1. Question :

In Ortega, did Dr. Ortega have a reasonable expectation of privacy, at least as to his desk and file cabinets? Explain your answer. Philosophically, do you believe it is necessary that all employers furnish some specified area for each employee that is clearly and absolutely a private place to place personal or professional belonging? What objections would an employer have?

Question 2. Question :

In Ortega, why didn’t the Supreme Court require that the employer have a warrant based on probable cause to search an employee’s desk and files when investigating work-related misconduct?

Question 3. Question :

What did the Court decide in the Ortega case? What rationale was employed? Are you satisfied that the court’s rationale is sound? Defend your answer.

Question 4. Question :

What is a qualified privilege in the context of the Ortega case? Did the court find that a qualified privilege existed in the case? Explain your answer.

Question 5. Question :

Describe the “intrusion on seclusion” in the American Broadcasting case.

Question 6. Question :

In American Broadcasting, how does the court deal with ABC’s argument that an adverse decision would have a chilling effect on the press’ investigation of abusive activities in open work areas?

Question 7. Question :

Pursuant to Brotherhood of Locomotive Engineers, when and under what circumstance may an employer regulate an employee’s behavior outside of the workplace?

Question 8. Question :

Describe the severe limitations of the polygraph exam in ascertaining a valid result. What is a “false positive” in the context of a polygraph exam?

Question 9. Question :

As in the Spears case, it is not unlawful to monitor the telephone conversation of an employee if the employee has given prior consent. Did Deal give her employer consent in this case? Explain your answer. Because of the recent burglary of the store in this case, did the employer have a legitimate business reason to record and review the employee’s phone calls made or received while at work?

Question 10. Question :

Pursuant to Gibson, describe employer liability limitation in employee defamation claims. Distinguish “actual malice” from “express malice.”

Question 11. Question :

In the Sacred Heart case, what test is applied, according to the Secretary of Labor’s regulations, to determine whether or not on-call status is compensatable work time? In this case, did the court speculate on a possible management response should the on-call period be deemed “work” under the FLSA? Explain your answer.

Question 12. Question :

Concerning the Umbarger case, may an individual receive unemployment benefits if that individual voluntarily left work with good cause?

Question 13. Question :

What analysis must the commission and reviewing courts pursue in order to determine if a claimant who voluntarily leaves employment does so for “good cause”?

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