Concept explainers
Case Summary: A company, HA, and its workers entered into a collective bargaining agreement. The agreement stipulated that if any employee violated any work-place-rule, that employee would be discharged. The discharged employee could submit the case for arbitration. The agreement restricted the subject matter of arbitration only to determination of the rule being reasonable and its violation by the employee. An employee, RG, was discharged and he appealed for arbitration. The Arbitrator passed the order of reinstatement in favor of RG. The order was appealed against in the court.
To Explain: The extent of power of the courts to set aside an arbitration order.
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Chapter 2 Solutions
The Legal Environment of Business: Text and Cases
- In the Silvestri v. Optus Software, Inc. case, the employment contract contained a 2-year employment agreement with a satisfaction clause. Which of the following was held? A. The satisfaction clause was not enforced, because it was a restraint on trade. B. The satisfaction clause was not enforced, because it was subjective. C. The employer breached the contract and had to pay damages. D. The termination of employment before the 2- year period was enforced.arrow_forwardWhich of the following are required for a plaintiff to establish a prima facie case of disability discrimination? Select all that apply. 1. that her employer has 10 or more full time employees 2. that she was forced to work in a hostile work environment. 3. that she is someone who, with or without reasonable accommodation, can perform the “essential functions” of the employment position that such individual holds or desires. 4. that she is disabled 5. that she was subjected to unlawful discrimination because of her disabilityarrow_forwardLisa applied and interviewed for a manager position at her company and was not selected. She was not given any feedback from the interview, Tony her male coworker was selected for the position. Lisa felt the promotion was unfair, since she had more seniority than Tony, and decided to file a gender discrimination and play with her local equal opportunity commissioner the EEOC investigated the complaint, and did not find any evidence of discrimination. Both Lisa and Tony’s employment was in good standing however, Tony had passed managerial experience, which was listed as a requirement on the job. This aspect, then made him a strong, stronger candidate for the job than Lisa, who had more seniority, but lacked the experience and the next several months, Lisa noticed the change from her manager prior to the complaint being filled he was very personable towards her and often made small talk around the office. After the complaint he was very short with her, and did not engage in any small…arrow_forward
- T.W.E., a large manufacturer, prohibited its employees from distributing union leaflets to other employees while on the company’s property. Richard, an employee of T.W.E., disregarded the prohibition and passed out the leaflets before his work shift began. T.W.E. discharged Richard for his actions. Has T.W.E. committed an unfair labor practice? Explain.arrow_forwardA bargaining representative election was held in Smith Electronic Company against the will of the employer. The employer threatened to terminate those employees who cast their vote during representative election. In this situation, the employer has violated: administrative regulations. the contract bar rule. the silent period. the forty-eight-hour rule.arrow_forwardCase6 Therien, an independent contractor, operated a trucking business. He drove one truck and hired drivers to operate the others. Therien was engaged in the business for several years and has been doing business with City Construction Company. Teamsters is a trade union within the definition of that expression in the Labour Relations Act. The City Construction Company entered into a collective agreement with the Teamsters’ Union requiring, as one of its terms, that all employees be union members. Therien agreed then to hire only union members for the operation of his truck. However, he declined to join the union personally because he wished to maintain his relation as an independent contractor in dealing with City Construction. He further claimed that, in the capacity of an employer in his own right, he was forbidden by the Labour Relation Code from participating in union activities. The union opposed his view, and because of the union’s threat to picket the City Construction, the…arrow_forward
- Mark Young is the head of the painting department in a large hospital; 20 union employees report to him. Before coming on board at the hospital, he had worked as an independent contractor. At the hospital, he took a position that was newly created because the hospital believed change was needed in how painting services were provided. Upon beginning his job, Mark did a 4-month analysis of the direct and indirect costs of painting services. His findings supported the perceptions of his administrators that painting services were inefficient and costly. As a result, Mark completely reorganized the department, designed a new scheduling procedure, and redefined the expected standards of performance. Mark says that when he started out in his new job he was “all task,” like a drill sergeant who didn’t seek any input from his subordinates. From Mark’s point of view, the hospital environment did not leave much room for errors, so he needed to be strict about getting painters to do a good job…arrow_forwardA property manager tells Marisa, who is Afro- Latina, that no apartments are available in an apartment complex. Marisa wonders if she has been discriminated against on the basis of her race. She asks her partner, who is white, to apply for the unit. Her partner's application is accepted. Marisa decides to file a discrimination complaint with HUD. How long does she have from the time of the violation to file? Marisa has one year to file with HUD. Marisa has six months to file with HUD. Marisa has 90 days to file with HUD. If she also wants to file a civil lawsuit, however, she has two years. Marisa has two years to file with HUD. However, it is unlikely that HUD will take the case since property managers are not coveredarrow_forwardA Board of directors had been experiencing a growing divide between its members for some months and one of the directors sought legal advice independently regarding a possible case for harassment and bullying. The Board's solicitor had been trying to steer them through this difficult period but advised that proceedings were imminent and that urgent action needed to be taken to protect the organisation. The remaining members of the board were unable to agree on a way forward and the director who threatened to sue continued to attend meetings so that they became completely ineffective. They became anxious about speaking on the record and were reluctant to permeated every The Board's solicitor suggested mediation, reminding the Board of their obligation to run the organisation as effectively as possible and that mediation is something the Charity Commission favours. tackle the obvious conflict that meeting. The two solicitors agreed to appoint a mediator and the board members engaged in a…arrow_forward
- Annalise suffers from a mental illness but is nonetheless capable of working for the Office of Child Support in Wayne County. She was fired from her job when it was learned that she had misappropriated approximately $2,000 in state funds. Annalise filed a complaint with her union, claiming the DNR violated a state law against discriminating against someone because they suffer from a mental illness. The case went to arbitration, and the arbitrator concluded that Annalise had been dismissed without "just cause," because her acts were caused by her mental illness and were not “within her capacity to control." The county appealed the decision to a court. How should the court rule? a. The Court should reverse the arbitrator’s decision because the County’s dismissal of Annalise was not to discriminate against the mentally ill but because she knowingly misappropriated County money. b. The Court should void the arbitration agreement (meaning that the agreement is not…arrow_forwardWorld Color operated a printing plant. a written policy stated: “Baseball caps are prohibited except for [world Color] baseball caps.” The policy permitted employees to accessorize their uniforms “in good taste and in accordance with all safety rules.” The Graphic Communications Conference of the international Brotherhood of Teamsters filed an unfair labor practice charge with the NLRB claiming that the policy prohibited employees from wearing union insignia at work. it said world Color was interfering with its employees’ “right to self-organization, to form, join, or assist labor organizations, . . . and to engage in other concerted activities for the purpose of collective bargaining” as guaranteed by federal law. The NLRB agreed and world Color appealed. Was the baseball cap policy an unfair labor practice?arrow_forwardIndustrial Court has authority in relation to trade dispute. Evaluate the authority that the court has in relation to trade dispute over agreement that has been achieved at the end of fruitful collective bargaining between trade union of employees and employer.arrow_forward
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