Chapter 10 PUBLIC EMPLOYMENT
AND LABOR LAW
Labor & Employment Law 81
Case Questions
10.1, NASA v. FLRA, p. 340
1. (Q.) How did the Supreme Court rule in this case?
(A.)
2. (Q.) What policy argument exists for granting federal employees who are under
investigation by their agency the right to have active union representation not only
when the investigator is acting directly for the management of the government agency,
10.2, Professional Air Traffic Controllers Organization v. FLRA, p. 341
1. (Q.) Summarize the evidence supporting the finding by the FLRA that the air traffic
(A.) The evidence of strike participation is that there was simultaneous and widespread
2. (Q.) ification required by Section 7120(f) of Title VII of the
Civil Service Reform Act?
(A.)
Chapter 10 Public Employment and Labor Law
Labor & Employment Law 82
3. (Q.)
viability of a union?
(A.) The effect of revocation of
4. (Q.) Did the FLRA abuse its discretion in this case?
(A.) No. The court stated that it had little trouble deciding that the FLRA did not abuse its
10.3, City of New York v. DeLury, p. 350
1. (Q.) What was defendan
(A.)
2. (Q.) What action did the lower court take against the defendant and the union for violating
the preliminary injunction?
(A.) It sentenced DeLury to fifteen days in jail and fined him $250. It fined the union $80,000
3. (Q.) trikes by public employees effect a
valid policy for a state government?
(A.) Professor Taylor advised that it is in the vital interest of the public to allow the
10.4, County Sanitation District No. 2 of Los Angeles County v. Local 660, SEIU, p. 351
1. (Q.) Do strikes by public employees result in public employers making extraordinary
concessions?
(A.) The court rejected the contention that strikes by public employees will pressure public
Chapter 10 Public Employment and Labor Law
Labor & Employment Law 83
2. (Q.) State the rule of the case.
(A.) Strikes by public employees in California are not unlawful at common law unless or
10.5, Chicago Teachers Union v. Hudson, p. 353
1. (Q.) What was
(A.) Teachers who were nonmembers of the bargaining unit received all the benefits of
2. (Q.) Would not a rebate equal to the amount improperly expended resolve the nonmember
3. (Q.) What was constitutionally wrong with the original information given to the
nonmember employees?
(A.) The information on the 5 percent admittedly spent on noncollective bargaining matters
4. (Q.) State the constitutional requirements for a union to collect agency fees.
(A.) The requirements are (a) an adequate explanation of the basis for the fee, (b) a
Chapter Questions and Problems, p. 358
1. (Q.) How has the federal government provided for bargaining rights for federal employees?
(A.) The Federal Service Labor-Management Relations Statute, which is patterned on the
Chapter 10 Public Employment and Labor Law
Labor & Employment Law 84
2. (Q.)
private sector?
(A.) In the federal sector the agencies and exclusive representatives do not bargain over
the private sector.
3. (Q.) What remedies may the FLRA employ once it determines that an unfair labor practice
has occurred?
(A.) When the FLRA determines that an unfair labor practice has occurred, an appropriate
4. (Q.) Is the right of local employees to bargain impeded by having no legal right to strike?
What substitutes do the laws provide?
5. [Discharge for striking against the U.S. government, Section 10.2.] Murphy should not be
ed where it would
violate federal law to do so. 5 U.S.C. Section 7311 as well as the executive orders all
6. [State and local employment, Section 10.3.] The court held the Chicago rule unconstitutional.
Municipalities and states are free to promulgate their own regulations covering public
7. [Strike injunction against a sickout, Section 10.3] The sickout should be enjoined. The court
8. [Duty of public employers to bargain, Section 10.3.] The California court ruled that the city must
bargain with the union before enacting the car-washing ban since it involved a term or
Chapter 10 Public Employment and Labor Law
Labor & Employment Law 85
9. [Union security clauses, Section 10.3.] In Abood v. Detroit Board of Education [Section 10.3] the
Supreme Court upheld the constitutionality of an agency shop provision. The Court acted
to elim
representation without paying dues. The Court ruled, however, that nonunion personnel
10. [Employer unfair labor practice under the FSL-MRA, Section 10.2] Decision for the union
president. There was no dispute that the discussion occurred in the workplace a somewhat