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True / False
1. The neutral adjudicator for an arbitration proceeding shall be appointed by the federal judge.
a. True
b. False
2. The parties generally incorporate arbitration as the final step of the grievance procedure.
a. True
b. False
3. Interest arbitration replaces pressure tactics as a means to resolve the negotiating impasse in the public sector.
a. True
b. False
4. If the dispute involves interpreting an existing agreement rather than creating a new one, such arbitration to resolve is
known as rights arbitration.
a. True
b. False
5. When one of the parties refuses to comply with the arbitrator’s award, then other party may seek to have the award
judicially enforced.
a. True
b. False
6. An implied no-strike clause does not cover any dispute that is subject to arbitration under the agreement.
a. True
b. False
7. Section 301 of the National Labor Relations Act does not allow damage suits for breach of no-strike clause in a
collective agreement.
a. True
b. False
8. Suits under state law alleging bad-faith handling of a disability benefits claim are not preempted by Section 301 of the
National Labor Relations Act.
a. True
b. False
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9. California law requires that employers pay discharged employees all wages owed to them immediately at the time of
the discharge.
a. True
b. False
10. A successor employer cannot be held liable for the remedy of an unfair labor practice committed by the old/previous
employer.
a. True
b. False
11. When a corporation files a petition for the protection of the bankruptcy laws, the financial obligations of the
corporation are suspended pending the resolution of the issue by the bankruptcy courts.
a. True
b. False
12. The bankruptcy court is required to issue its determination on the employer rejecting a bargaining agreement within
thirty days after its hearing.
a. True
b. False
13. The provision of 11 U.S.C. Section 1113 applies to employers under the National Labor Relations Act and not to the
employers covered under the Railway Labor Act.
a. True
b. False
14. After 1980, the cost of retiree benefits known as “legacy costs” became a significant financial burden on the
employers.
a. True
b. False
15. In the case of benefit provisions for retired employees, if the representative does not agree to the modification, the
employer can ask the bankruptcy court to order the modification.
a. True
b. False
Multiple Choice
16. Under Section 301 of the National Labor Relations Act, an employer and a labor union may bring a suit for:
a. health and safety measures at the workplace.
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b. violations of contracts.
c. ex parte agreements.
d. unfair labor practices.
17. _____ is the settlement of disputes by a neutral adjudicator chosen by the parties to the disputes.
a. Voluntary recognition
b. Adjudication
c. Internal remedy
d. Arbitration
18. The Efficient Motor Company terminated 15 employees without giving any prior notice, breaching a contract with the
union stating that a notice period of 30 days be given prior to termination. In this case, the labor union can institute a suit
under Section 301 of the NLRA against the employer before the:
a. Equal Employment Opportunity Commission.
b. federal and state courts.
c. International Court of Justice.
d. National Labor Relation Board.
19. Elle Chemicals Inc. dismissed 15 employees without notice, which was contested by the union as an unfair labor
practice. The company justified the action stating disciplinary reasons. The union and the employer decided to refer this
matter to a neutral adjudicator to resolve instead of going for litigation. The neutral adjudicator in this scenario can be
referred to as:
a. an arbitrator.
b. the independent jury.
c. the third party jury.
d. a compliance officer.
20. When arbitration is used to create a new agreement or renew an existing one, it is known as _____ arbitration.
a. mandatory
b. conciliated
c. interest
d. rights
21. Rights arbitration is generally used as the final step in the _____ process.
a. recruitment
b. renewal
c. termination
d. grievance
22. In Textile Workers Union of America v. Lincoln Mills of Alabama, the Court noted that the _____, which restricts
federal courts issuing injunctions in labor disputes, does not apply to suits seeking to order arbitration under Section 301.
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Chapter 17: The Enforcement and Administration of the Collective Agreement
a. Norris–La Guardia Act
b. Fair Labor Standards Act
c. National Labor Relations Act
d. Sherman Antitrust Act
23. In Alexander v. Gardner Denver Co., the Supreme Court held that an employee who had lost in arbitration under the
collective agreement was still able to bring a Title VII suit in court, stating that:
a. an order to arbitrate the grievance should not be denied unless it is denied with a positive assurance.
b. the arbitration clause of a collective agreement must contain a “clear and unmistakable waiver” of the individual
employee’s rights.
c. employee’s rights under the collective agreement were distinct from the employee’s statutory rights under Title
VII.
d. it is the role of the courts, not that of the arbitrators, to resolve questions of whether a grievance is subject to
arbitration.
24. The dispute regarding payment of wages between the West Coastal Company and its union was referred to a neutral
arbitrator. The arbitration created a new agreement stating the terms and conditions of payment of wages. This is an
example of a(n) _____ arbitration.
a. persuasive
b. interest
c. mandatory
d. rights
25. Restack is a leather company in the State of Nevada that made employee drug testing a mandatory requirement. Shaun
was terminated when he failed the drug test. When a group of employees demanded Shaun’s reinstatement into
employment, the company refused and the matter was referred to arbitration. The arbitrator ordered reinstatement of the
employee, but Restack refused to reinstate Shaun. The employees filed a suit in the court for the enforcement of arbitral
award. The court may refuse to enforce an arbitration award because the award violates:
a. the union shop clause.
b. the open shop clause.
c. the bargaining agreement.
d. public policy.
26. Presidential Cargo Movers Inc. entered into an agreement with its employee union to refrain from layoffs during the
recession. Despite the agreement, the company decided to lay off a few of its employees. The union decided to file a
complaint against the company for not living up to its obligations under the agreement. The union’s action amounts to
a(n):
a. in-house trial.
b. jury trial.
c. grievance.
d. arbitration proceedings.
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Chapter 17: The Enforcement and Administration of the Collective Agreement
27. In _____, the Supreme Court held that the court is required to enforce the arbitrator’s decision unless it is clear to the
court that the arbitrator has exceeded the authority given to him or her by the collective agreement.
a. United Steelworkers v. Enterprise Wheel & Car Co.
b. United Steelworkers of America v. Warrior & Gulf Navigation Co.
c. Kennedy v. Superior Printing Co.
d. Teamsters Local 174 v. Lucas Flour
28. In Major League Baseball Players Association v. Garvey, the Supreme Court emphasized that even when the court
vacates an arbitration award, the court:
a. has a duty to arbitrate that continues after the expiration of the agreement if the grievance arises under the
agreement.
b. may refuse to enforce an arbitration award only if the award violates “explicit” public policy.
c. should refuse to enforce an arbitration decision that violates the law.
d. must remand the issue back to arbitration for resolution rather than settling the merits of the dispute.
29. In Eastern Associated Coal Corporation v. United Mine Workers of America, District 17, James Smith worked for
Eastern as a member of a road crew, a job that required him to drive heavy trucks on public highways. In March 1996,
Smith tested positive for marijuana. Eastern sought to discharge Smith. In July 1997, he again tested positive for
marijuana. Eastern again sought to discharge Smith. The District Court, while recognizing a strong regulation-based
public policy against drug use by workers who perform safety-sensitive functions, held that Smith’s:
a. conditional reinstatement violated the public policy.
b. conditional reinstatement did not violate public policy.
c. use of marijuana amounted to substantial continuity of identity in the business enterprise.
d. use of marijuana amounted to “just cause” for discharge.
30. In Teamsters Local 174 v. Lucas Flour, the Supreme Court held that a no-strike clause will be implied by the court,
even when the agreement itself is silent on the matter, if the agreement contains a(n):
a. litigation provision.
b. dormant commerce clause.
c. voluntary recognition clause.
d. arbitration provision.
31. Section 301 does not authorize damage suits against individual union officials when their union is liable for violating
a(n):
a. due process clause.
b. election bylaw.
c. no-strike clause.
d. commerce clause.
32. Belk Software Company and the union of the company, entered into an agreement with a no-strike clause. Later, the
union stated that it was not clear about the terms and conditions incorporated under the agreement. The union requested
that the employer reconstruct the agreement, but the employer refused. Subsequently, the union decided to go on strike. In
this scenario, what is the remedy available for the employer?
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a. Injunction
b. Punitive damages
c. Liquidated damages
d. Writ of certiorari
33. In Groves v. Ring Screw Works, the court held that the collective agreement provided for arbitration in discharge cases
only upon agreement of:
a. the arbitrator.
b. the government.
c. the court.
d. both the parties.
34. In Allis-Chalmers Corp. v. Leuck, the Supreme Court held that if the resolution of a state law claim depends on the
interpretation of a collective agreement, then the application of the state law is preempted by:
a. federal laws.
b. accepted business practices.
c. arbitrage.
d. the NLRA.
35. In In re AMR CORPORATION, what section of the Bankruptcy Code was at issue?
a. Section 103
b. Section 301
c. Section 1113
d. Section 1114
36. In early 2012, the Acting General Counsel of the NLRB recently announced a significant change to the NLRB deferral
policy. Under this doctrine, so long as an alleged violation of the Act is covered by the parties’ grievance-arbitration
agreement, the Board will _____ a meritorious unfair labor practice charge to the parties’ contractual grievance-arbitration
procedure if certain conditions are met.
a. defer
b. dismiss
c. strike
d. amend
37. Following the Supreme Court’s _____ decision, Congress amended the Bankruptcy Code to deal with the rejection of
a collective agreement.
a. NLRB v. Bildisco & Bildisco
b. Trafford Dist. Center v. NLRB
c. NLRB v. Winco Petroleum
d. Road & Rail Services, Inc.
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Chapter 17: The Enforcement and Administration of the Collective Agreement
38. In John Wiley & Sons, Inc. v. Livingston, the Supreme Court held that the successor employer must arbitrate a
grievance arising under the collective agreement where there was a _____ of identity in the business enterprise.
a. subrogation
b. substantial continuity
c. misrepresentation
d. withholding
39. In Fall River Dyeing & Finishing Corp. V. NLRB, the union requested the petitioner to recognize it as the bargaining
agent for petitioner’s employees and to begin collective bargaining. The petitioner refused the request, stating that, in its
view, the request had “no legal basis.” The union filed an unfair labor practice charge with the Board, alleging that in its
refusal to bargain, the petitioner had violated Section 8(a)(1) and (5) of the:
a. Discrimination in Employment Act.
b. Occupational Safety and Health Act.
c. National Labor Relation Act.
d. Equal Employment Opportunity Act.
40. A successor employer who discriminatorily refuses to rehire the unionized employees from the prior firm violates
_____, according to Planned Bldg. Servs. Inc.
a. Section 8(a)(2)
b. Section 8(a)(5)
c. Section 8(a)(3)
d. Section 8(b)(1)
41. When Texas Transformer Technology took over Gamin Services Inc., they rehired most of the Gamin employees.
They also modified the existing bargaining agreement and terms and conditions of employment. This act could be a
violation of:
a. Section 7 of National Industrial Relations Act.
b. Section 8(a)(5) of National Labor Relations Act.
c. Section 9(a) Fair Labor Standards Act.
d. Section 10 of Norris LaGuardia Act.
42. In NLRB v. Winco Petroleum, a successor employer was held guilty of a refusal to bargain. The employer can be held
subject to a(n):
a. summary trial.
b. bargaining order remedy.
c. union order.
d. jury trial.
43. In NLRB v. Bildisco & Bildisco, the Supreme Court held that an employer who files for reorganization under Chapter
11 of the Bankruptcy Act does not violate Section 8(a)(5) by unilaterally changing the terms of the collective agreement:
a. after appointing an arbitrator for the issue.
b. after reelecting the bargaining unit.
c. after filing the bankruptcy petition.
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Chapter 17: The Enforcement and Administration of the Collective Agreement
d. before signing a takeover agreement.
44. According to the amendment of the Bankruptcy Code to deal with the rejection of a collective agreement, the
bankruptcy court is required to hold a hearing on the employer’s petition within _____ days.
a. ten
b. fourteen
c. twenty
d. thirty
45. BDS Constructors Corp. is a construction company in North Dakota. Due to lack of availability of credit funding, the
company lost most of their projects, which eventually led to bankruptcy. Under Chapter 11 of Bankruptcy Act, the
employer can file for:
a. protection.
b. claims.
c. reorganization.
d. loans.
46. The bankruptcy court is required to issue its determination on the rejection issue within a period of _____ days after
the hearing.
a. thirty
b. forty-five
c. sixty
d. seventy-five
47. According to the NLRB, an employer unilaterally abrogating an agreement _____ is guilty of violating Section 8(a)(5)
of the NLRA.
a. before reelecting the bargaining unit
b. after modifying it terms and conditions
c. that is under consideration of the NLRB
d. without obtaining bankruptcy court relief
48. Section 1114 of the Bankruptcy Code requires that the bankrupt employer make a proposal for modification to the
representative of the:
a. replaced employees.
b. NLRB.
c. retirees.
d. new employees.
Subjective Short Answer
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Chapter 17: The Enforcement and Administration of the Collective Agreement
49. Under which Section of the National Labor Relations Act are an employer and the union labor allowed to institute a
suit for contractual violations?
50. What are the advantages of arbitration proceedings?
51. Discuss the applicability of interest arbitration.
52. Define rights arbitration.
53. Define grievance process.
54. Who can file grievances under the collective agreement?
55. How does an arbitration clause affect the right of individual employees?
56. What remedy is available to a party if one party refuses to comply with the arbitrator’s award?
57. How can an employer recover damages for breach of no strike clause even if injunction is not issued?
58. What happens to the financial obligations of a corporation when it files a petition for the protection of the bankruptcy
laws?
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Essay
59. Compare and contrast rights arbitration and interest arbitration.
60. Discuss the no-strike clause.
61. Describe the limitation to allowing damage suits for breach of no-strike clauses.
62. What conditions should be met by an employer petitioning for bankruptcy protection to reject the collective
agreement?
63. 11 U.S.C Section 1114 creates a procedure for modification or rejection of retiree benefit obligations. Explain this
statement by stating the provisions covered under Section 1114.
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