978-1285770178 Solution Manual BL ComLaw 1e SM-Ch10

in whole or in part.

2 UNIT TWO: AGENCY AND EMPLOYMENT

in whole or in part.

Institute’s Code of Conduct prohibits disrespectful and insubordinate conduct. Darling was

her what to do. Darling might also argue that Waddell’s complaints were not protected by the

whistleblower policy because they lacked merit.

THE ETHICAL DIMENSION

Is the at-will employment doctrine fair to employees? Why or why not? The at-will tradition

modify the doctrine. Courts also make exception to the at-will doctrine in certain

circumstances—if the actions of the parties implied a contract, for example, or if applying the

doctrine would violate public policy.

the NACI process would be denied access to JPL. And because JPL is operated by Cal Tech,

which hires the employees, a JPL employee who refuses to cooperate in a background check

would probably face termination by Cal Tech.

THE SOCIAL DIMENSION

CASE 10.3—LEGAL REASONING QUESTIONS (PAGE 189)

1A. What standard was at the core of the dispute in this case? Under Section 501 of the

Labor Management Reporting and Disclosure Act, officers of labor unions are held to a high

in whole or in part.

4 UNIT TWO: AGENCY AND EMPLOYMENT

in whole or in part.

2A. Medical leave

The Family and Medical Leave Act (FMLA) applied to Saldona’s employer, Aimer Winery,

because Aimer had over fifty employees. Under the FMLA, Saldona would have been entitled

to up to twelve weeks of unpaid medical leave to care for his injured wife..

3A. Lie detector test

The Employee Polygraph Protection Act generally prohibits employers from requiring applicants

or employees to take lie-detector tests. The only time employers are permitted to use polygraph

tests under the act, is when investigating losses attributable to theft, including embezzlement or

theft of trade secrets. Therefore, if Aimer had suffered these types of losses, it could use

ANSWER TO DEBATE THIS QUESTION IN THE REVIEWING FEATURE

AT THE END OF THE CHAPTER

The U.S. labor market is highly competitive, so state and federal laws that require

ANSWERS TO ISSUE SPOTTERS IN THE EXAMPREP FEATURE

AT THE END OF THE CHAPTER

1A. Erin, an employee of Fine Print Shop, is injured on the job. For Erin to obtain

ered. Unlike the potential for recovery in a lawsuit based on negligence or fault, recovery under

CHAPTER 10: EMPLOYMENT, IMMIGRATION, AND LABOR LAW 5

in whole or in part.

a workers’ compensation statute is limited to the specific amount designated in the statute for

the employee’s injury.

2A. Onyx applies for work with Precision Design Company, which tells her that it

requires union membership as a condition of employment. She applies for work with

Quality Engineering, Inc., which does not require union membership as a condition of

employment but requires employees to join a union after six months on the job. Are

these conditions legal? Why or why not? No. A closed shop (a company that requires union

membership as a condition of employment) is illegal. A union shop (a company that does not re–

quire union membership as a condition of employment but requires workers to join the union

10-1A. Unfair labor practices

(Chapter 10—Page 190)

The NLRB has consistently been suspicious of companies that grant added benefits during

election campaigns. These benefits will be considered as an unfair labor practice that biases

elections, unless the employer can demonstrate that the benefits were unrelated to the

against any employee who refuses to work when the employee believes in good faith that he or

she will risk death or great bodily harm by undertaking the employment activity. Denton and

Carlo had sufficient reason to believe that the maintenance job required of them by their

employer involved great risk, and therefore, under OSHA, their discharge was wrongful. Denton

and Carlo can turn to the Occupational Safety and Health Administration, which is part of the

employee relationships are considered to be “at will.” Under the employment at-will doctrine,

either party can end an employment relationship at any time and for any reason. Federal

statutes prohibit the discharge of some employees who report employer wrongdoing. Court

rulings also restrict the right of employers to fire workers on the basis of an implied employment

6 UNIT TWO: AGENCY AND EMPLOYMENT

in whole or in part.

contract or on the ground that an employee’s discharge would violate a fundamental public

Under Ellis’s contract, he was to serve as the director of the school for one year from July

1 to June 30 with the position to automatically renew for one year unless the school’s board took

action by April 15. Because of the specificity of the term and renewal dates, Ellis arguably might

have had an employment contract. But his employment was at will because the agreement

stipulated, in boldface, that it was an “at will” agreement. None of the exceptions to the at-will

(Chapter 10—Page 175)

No. Woody Woo’s tip-pooling policy did not violate the minimum wage provisions of the Fair

Labor Standards Act (FLSA). When tipping is a customary part of a business as it is in the

restaurant industry, the tips—in the absence of an explicit agreement to the contrary—belong to

the recipient. When another arrangement is made, however, it is likely valid unless there is a

10-5A. Unfair labor practices

(Chapter 10—Pages 187 and 188)

Before invoking a union-security clause against an employee, the union’s obligation, under the

NLRA, to deal fairly with employees requires it to (1) provide the employee with actual notice of

the precise amount due, including the months for which dues are owed; (2) explain how it

because the record indicated that union had not explained to the employee how it calculated his

dues, or provided him a reasonable time period in which to make payment. In fact, there was

evidence suggesting that union did just the opposite, first agreeing to a payment schedule with

the employee and then having him fired the next day, before he could complete the agreed

schedule and while he was on track to do so.

in whole or in part.

8 UNIT TWO: AGENCY AND EMPLOYMENT

in whole or in part.

In the actual case on which this problem is based, the National Labor Relations Board

concluded that Stella D’oro committed an unfair labor practice by declining to permit the union to

keep a copy of the statement. On the employer’s appeal, the U.S. Court of Appeals for the

Second Circuit reversed. The court held that the employer was not required to permit the union

to retain a copy of the company’s audited financial statement, and that the employer satisfied

any obligation it did have by affording the union many opportunities to examine the statement, or

even to make its own copy.

10-9A. A QUESTION OF ETHICS—Workers’ compensation law

liabilities arise between them, yet their quarrels should not be resolved at the expense of an

injured workman.”

In this case, the board faced “precisely the circumstances that led to [this] rule . . . : the

mere tail of insurance coverage disputes wagging the dog of the rights of an injured worker.”

The board stated, “No one disputed [Tull’s] need for treatment or the causal connection between

(b) The reason for determining the date of a worker’s injury is to more accurately

assess liability. In this case, the court upheld the board’s designation of April 23, 2002, as the

date of Tull’s injury. This was the last day that she worked for Atchison; the next day, Berger

became her employer. The insurers argued that it was not until after April 23 that Tull’s

physician determined she was permanently impaired. The court pointed out, however, that the

leaves work for a reason other than the injury, then the last injurious exposure is when the

claimant’s restrictions are implemented and/or the job changes or job accommodations are

made by the employer to prevent further injury.” Here, Tull “suffered a series of injuries to her

upper extremities each time she returned to the same job (with Atchison) she had performed

before her various treatments and surgeries. Because claimant continued to aggravate her