saint gba335 module 1 and module 2 quizes latest july 2015

| June 1, 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?

.1em;”>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?

.1em;”>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.

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