Answers to Case Questions
CASE STUDY 1-1 Was “a Troublemaker” Laid off for Sharing
Wage Information? Or for Business Reasons?
1. Given the facts of the case and the brief description of the LMRA, did ARC violate labor law by
telling Mr. Potts to “Please keep your pay rate to yourself”? Explain your reasoning.
2. Did ARC retaliate against Mr. Potts when it laid him off and did not offer him work on other
jobs? Did these actions constitute violations of the LMRA? Explain your reasoning.
CASE STUDY 1-2 Discharge for Whistleblower Activity
1. Should the federal appeals court deny Broom and Miller’s appeal and enforce the decision of the
state district court finding upholding the discharge of the two whistleblowers? Explain your
reasoning.
The Plaintiffs argued that their discharge fell in the fifth public policy exception to employment-
at-will doctrine and cited three statutory laws (Nursing Home Care Act, Residential Care Act,
2. How might this case have been handled differently if Broom and Miller had been members of a
bargaining unit represented by a union for purposes of collective bargaining?
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CASE STUDY 3-1 The Great Temperature Debate
1. Because Drake and Keller’s employer meets the standard for coverage under the LMRA by
engaging in interstate commerce, which specific employee right protected by Section 7 of the
LMRA could Drake and Keeler argue they were engaged in which at least partially motivated the
employer’s decision to discharge them?
Drake and Keeler charge their discharge was in violation of employees’ protected right under
2. On what grounds might the employer try to argue that the discharge of Drake and Keeler was an
appropriate (legal) exercise of management’s rights?
The employer might try to argue that the company had created and consistently enforced a
3. Was the employer’s discharge of Drake and Keeler an unfair labor practice under the LMRA, as
amended? If so, what should be the appropriate remedy?
Yes, the discharge of Drake and Keeler was an unfair labor practice. Drake and Keeler were
engaged in a concerted and protected activity for which the employer discharged them. Even
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employer did have a legal right to temporarily replace Drake and Keeler for the purpose of
CASE STUDY 3-2 Independent Contractors? Or Employees?
1. Go to www.NLRB.gov/ and search for the precedent cases (Roadway, Dial-a-mattress, and St.
Joseph News-Press). How does this case parallel—and differ from—those cases?
This case parallels the Roadway case in that a product is picked up and delivered as directed by
the company and drivers are paid by the company for their services, not by the customer. Where
they differ is that the Roadway drivers were required to display the corporate logo on their
2. Which of the company’s arguments for ‘independent contractor’ status are most compelling?
3. Which of the union’s arguments for “employee” status are most compelling?
4. Is this simply a case of who wins “more” of the nine factors? Or are some factors inherently more
important than others? If so, which ones in this case are more important?
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It is not a simple case of who wins “more” of the nine factors. Some are more important than
5. If you were an Administrative Law Judge working for the NLRB, how would you rule in this case
and why?
CASE STUDY 3-3 NLRB Jurisdiction Over a Private Charter School
1. Applying the standard test outlined previously, does the employer (CSPMI) meet the definition of
“an employer” as stated in Section 2 (2), LMRA and therefore, the board may assert jurisdiction
and conduct a representation election? Explain your reasoning.
To be exempt from NLRB jurisdiction as a political subdivision of a state, the employer must
either (1) be created directly by the state so as to constitute a department or administrative arm
2. In the debate over whether charter public schools should be created, are the potential bargaining
rights of charter school employees a relevant issue which should be part of the public debate over
whether charter schools are more advantageous than existing public schools? Explain your
reasoning.
The potential bargaining rights of charter school employees is a relevant issue in the public
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CASE STUDY 3-4 Determination of Supervisory Status
1. Should the docking pilots be classified as supervisors and thus excluded from participating in a
bargaining unit for purposes of collective bargaining? Explain your reasoning.
The docking pilots should not be classified as a supervisor under the LMRA, as amended. The
U.S. Supreme Court has established a three-part test for determining the supervisory status of
individuals under the LMRA, as amended. There is no question that docking pilots exercise any
The employer argues that the docking pilot’s decision regarding how many tugboats will be
required to handle the daily list of scheduled ships determines how many crew members will be
assigned to work that day, whether overtime hours will need to be paid, or additional docking
Answers to Case Questions
CASE STUDY 4-1 Employee Rights Under the Landrum-Griffin Act
1. Did the union violate Title 1, Section 101(a) of the Landrum-Griffin Act in this case? If so, what
should be the appropriate remedy?
2. Would it be legal under Title IV of the Landrum-Griffin Act for the union in this case to adopt a
rule that required all candidates for union office to be proficient in both Spanish and English?
Why or why not?
CASE STUDY 4-2 Financial Core Membership Rights Under the
Beck Decision
1. What are the union’s legal obligations?
2. Does Budnik have a burden of proof? Or, does the union have the burden to prove that it has
complied with the law?
3. Did the union commit an Unfair Labor Practice in this case? If so, what should be the appropriate
remedy?
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The Union violated Section 8 (b)(1)(a) of LMRA by failing to satisfy its obligations under Beck
CASE STUDY 5-1 Are these employees engaged in a protected
concerted activity?
1. Are these employees engaged in a protected concerted activity?
2. If ACE had terminated Moore also, would a protected concerted activity be involved?
3. Does it matter that a union was not involved?
4. How should the NLRA rule? Why?
CASE STUDY 5-2 Are the employees involved in activities that are
legal?
1. Were the Union actions sufficient to cause the election results to be overturned?
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2. If an employer did not provide bulletin boards at the workplace, would employees have a right to
provide and mount their own bulletin boards?
3. If there are company-provided bulletin boards at the workplace, does the employer have a right to
restrict the purpose or type of material that can be posted on such boards?
4. In this case, did the employer unlawfully deny union supporters access to use company bulletin
boards for union solicitation purposes? Explain your reasoning.
Yes, the employer’s removal of union materials posted by employees from the company provided
CASE STUDY 5-7 Nonemployee Union Solicitation Activity
1. Did the employer unlawfully deny the two nonemployee union organizers access to the hospital’s
cafeteria? If so, what should be the appropriate remedy?
2. Would the employer’s no solicitation policy prohibit the two nonemployee union organizers from
entering the hospital’s property anywhere at any time?
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CASE STUDY 5-8 Campaign Threats or Implied Promise of Benefit?
1. Do these employer statements constitute an unlawful threat in violation of Section 8(a)(1) of the
LMRA? Why or why not?
2. Do the employer statements constitute an unlawful promise of benefits in violation of Section
8(a)(1) of the act? Why or why not?
the union are also permissible under Section 8 (c).
3. Did the questioning or statements by either supervisor Bates or supervisor Lofton constitute
unlawful interrogation in violation of Section 8(a)(1) of the act? Why or why not?
4. Should the NLRB give consideration to its “Totality of Conduct” doctrine in reaching a
conclusion about the alleged violations in this case? Explain your answer.
5. Develop some guidelines for managers who may be talking with employees about the union
during an organizing campaign.
Managers should be told that while talking to employees about the Union they should not:
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6. How should the NLRB rule?
CASE STUDY 5-9 The T-Shirt Offer and Picnic Photographs
1. Must illegal conduct occur to overturn the results of a Union representation election?
2. Compare the present case to the following ones:
• NLRB v. Savair Mfg. Co., 414 U.S. 270 (1973); 84 LRRM 2929 (1973)
The Supreme Court found such a fee waiver objectionable because it “allowed the union to buy
endorsement and paint a false portrait of employee support during its election campaign.” Savair
In Savair, all employees, regardless of their view on unions, had an economic interest in
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• Pepsi Cola Bottling Co., 289 NLRB 736 (1988); 128 LRRM 1275 (1988)
• Mike Yurosek & Sons, Inc., 292 NLRB 1074 (1989); 130 LRRM 1308 (1989)
The employer contended that the Union created an atmosphere of fear and coercion that
Photographing employees was markedly different from photographing found objectionable in
Thus in both Pepsi-Cola and Mike Yurosek, employees at the plant entrance in the presence of
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3. Did the Union interfere with the outcome of the election by offering the T-shirts? Why or why
not?
4. Did the Union interfere with the outcome of the election by taking the photographs at the picnic?
Why or why not?
5. How will the NLRB rule?
CASE STUDY 6-1 The Funeral Leave Policy Proposal
Purpose: To provide each student with practice in drafting and negotiating contract language. For
a more in-depth bargaining experience, refer to the bargaining simulation exercise in Appendix
A.
Note: The Fair Labor Standards Act (FLSA) does not require payment for time not worked,
including attending a funeral. This type of leave is a matter of agreement between an employer
and an employee (or the employee’s union).
Careful attention must be paid in defining whose death qualifies as an occurrence permitting an
employee to take funeral leave. The non-traditional composition of many of today’s families
make may it difficult to develop a definitive listing of “immediate family.” Employees are likely
to be in a highly emotional state when trying to cope with their losses. Insensitivity to the
employee’s plight can have long-term consequences on the employee-employer relationship.
CASE STUDY 6-2 Classification of a Bargaining Subject
1. What is a mandatory subject of bargaining?
2. Can a union waive its right to bargain over a mandatory subject of bargaining?
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3. Using a database (e.g., Bloomberg BNA’s Labor & Employment Law Resource Center), look at
the Peerless and First National Maintenance cases. Evaluate management’s argument that the flu
prevention policy is a “core business” decision in light of those case decisions.
In Peerless, the NLRB considered whether a newspaper could implement a code of ethics for
employees without engaging in mandatory bargaining because the “subject matter” of the rule
4. Was management required to take this case to grievance arbitration? Explain your reasoning,
considering the other precedent cases cited and the “Managerial Rights” and “Zipper” clause.
The purpose of a zipper clause is to serve as a bargaining waiver. Such a waiver may be written
in broad general language, or list specific subjects. To be enforceable, a waiver must be clear
CASE STUDY 6-4 Refusal to Furnish Requested Information
1. Under what circumstances or for what reasons could an employer lawfully refuse to furnish
information requested by a union during contract negotiations?
Information intrinsic to the employer-union relationship, such as that pertaining to wages, hours,
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2. Evaluate each of the three unfair labor practice charges concerning the company’s
refusal to supply requested bargaining information and decide if each charge
represents a violation of the employer’s duty to bargain in good faith.
Merit Pay Plan
Information about the merit pay plan would be considered presumptively relevant to labor
negotiations, and the employer’s failure to provide that information would be considered an
CASE STUDY 6-5 The Mileage Reimbursement Policy
1. Did the employer violate its duty to bargain in good faith by failing to increase bargaining unit
members’ mileage rate to the same level on the same date as such an increase was implemented
for non-bargaining unit employees? Explain your reasoning.
CASE STUDY 7-1 “Adding Insult to Injury”
1. In this case, the burden of proof is on management to prove that the Grievant was “dishonest.”
Have they proven this? Justify your answer.
2. It has been said that “ignorance of the law is no excuse” for avoiding criminal punishment. To
what extent is “ignorance of the law” a reasonable defense for avoiding termination in
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employment? To what extent did managers bear responsibility for Mr. Haier’s becoming
informed about how the state Worker’s Compensation program works?
“Ignorance of the law” is not a reasonable defense to avoid termination for situations or issues
that are clearly spelled out in employee handbooks or are part of hiring agreements. If employees
3. Many points made by Zooming-Arrow managers involved Mr. Haier’s actions that did not
involve the company; they involved his relationship to Wistful Vistas bus lines. To what extent
should the arbitrator consider actions taken by an employee while “moonlighting” for another
employer?
4. Did managers disregard proper procedure when they disciplined Mr. Haier? Justify your answer.
How much weight should arbitrators give procedural propriety or impropriety when deciding a
case like this one?
5. If you were the arbitrator, how would you rule? Justify your decision.
CASE STUDY 7-2 Unilateral Freeze of a Defined Benefit Pension
Plan
1. Did the hospital violate Article 9, Section 12 of the labor agreement when it unilaterally
implemented a pension plan freeze
effective
January 2, 2010? Explain your reasoning.
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2. If the hospital’s action did violate the parties’ labor agreement, what would be an
appropriate remedy for the violation?
3. If you were a manager representing the hospital, would you recommend that the hospital file a
bad faith unfair labor practice charge against the union over its refusal to engage in mid-term
bargaining over the proposed pension plan
freeze?
Why or why not?
CASE STUDY 7-3 A Change in the Medical Insurance Plan
1. In your opinion, was management’s request to change the insurance carrier (plan) reasonable?
Explain your reasoning.
This question can be answered yes or no, depending upon the opinion of the student. The purpose
is to encourage each student to be able to support their opinion by expressing appropriate
reasoning based on the facts of the case. If a student answers yes, the student might support that
2. In your opinion, was it reasonable for employees to oppose the new insurance plan because they
perceived the prescription drug benefit would shift substantial new cost to them compared to the
existing (old) plan? Explain your reasoning.