CASE 5.10 FIBREBOARD PAPER PRODUCTS CORP. V. NLRB SUPREME COURT OF THE UNITED STATES, 379 U.S. 203 (1964). [After receiving union proposals for contract revisions for the benefit of the maintenance workers at the company’s Emeryville, California, plant, the company advised the union that negotiations for a new contract would be pointless because it had definitely decided to contract out the work performed by the employees covered by the agreement upon the expiration of the agreement. The company planned to replace these employees with an independent contractor’s employees and expected that substantial savings would be effected by this contracting-out of the work. The Board ordered the company to reinstate the maintenance operation with the union employees, reinstate the employees with back pay, and fulfill its statutory bargaining obligation. The court of appeals granted the Board’s enforcement petition, and the Supreme Court agreed to hear the case.] WARREN, C. J.... I. Section 8(a)(5) of the National Labor Relations Act provides that it shall be an unfair labor practice for an employer “to refuse to bargain collectively with the representatives of his employees.” Collective bar- gaining is defined in Section 8(d) as the performance of the mutual obligation of the employer and the representative of the employees to meet at reasonable times and confer in good faith with respect to wages, hours, and other terms and conditions of employment. “Read together, these provisions establish the obligation of the employer and the representative of its employees to bargain with each other in good faith with respect to ‘wages, hours, and other terms and conditions of employment....’ The duty is limited to those subjects, and within that area neither is legally obligated to yield. Labor Board v. American Ins. Co., 343 U.S. 395. As to other matters, however, each party is free to bargain or not to bargain....” Labor Board v. Wooster Div. of Borg-Warner Corp., 356 U.S. 342, 349. Because of the limited grant of certiorari, we are concerned here only with whether the subject upon which the employer allegedly refused to bargain— contracting out of plant maintenance work previously performed by employees in the bargaining unit, which the employees were capable of continuing to perform—is covered by the phrase “terms and conditions of employment” within the meaning of Section 8(d). The subject matter of the present dispute is well within the literal meaning of the phrase “terms and conditions of employment.” As the Court of Appeals pointed out, it is not necessary that it be likely or probable that the union will yield or supply a feasible solution but rather that the union be afforded an opportunity to meet management’s legitimate complaints that its maintenance was unduly costly. We are thus not expanding the scope of mandatory bargaining to hold, as we do now, that the type of “contracting out” involved in this case—the replacement of employees in the exi.

1. CASE 5.10 FIBREBOARD PAPER PRODUCTS CORP. V.
NLRB SUPREME COURT OF THE UNITED STATES, 379 U.S.
203 (1964).
[After receiving union proposals for contract revisions for the
benefit of the maintenance workers at the company’s
Emeryville, California, plant, the company advised the union
that negotiations for a new contract would be pointless because
it had definitely decided to contract out the work performed by
the employees covered by the agreement upon the expiration of
the agreement. The company planned to replace these employees
with an independent contractor’s employees and expected that
substantial savings would be effected by this contracting-out of
the work. The Board ordered the company to reinstate the
maintenance operation with the union employees, reinstate the
employees with back pay, and fulfill its statutory bargaining
obligation. The court of appeals granted the Board’s
enforcement petition, and the Supreme Court agreed to hear the
case.]
WARREN, C. J.... I. Section 8(a)(5) of the National Labor
Relations Act provides that it shall be an unfair labor practice
for an employer “to refuse to bargain collectively with the
representatives of his employees.” Collective bar- gaining is
defined in Section 8(d)
as the performance of the mutual obligation of the employer and
the representative of the employees to meet at reasonable times
and confer in good faith with respect to wages, hours, and other
terms and conditions of employment.
“Read together, these provisions establish the obligation of the
employer and the representative of its employees to bargain
with each other in good faith with respect to ‘wages, hours, and
other terms and conditions of employment....’ The duty is
limited to those subjects, and within that area neither is legally
obligated to yield. Labor Board v. American Ins. Co., 343 U.S.
395. As to other matters, however, each party is free to bargain

2. or not to bargain....” Labor Board v. Wooster Div. of Borg-
Warner Corp., 356 U.S. 342, 349. Because of the limited grant
of certiorari, we are concerned here only with whether the
subject upon which the employer allegedly refused to bargain—
contracting out of plant maintenance work previously performed
by employees in the bargaining unit, which the employees were
capable of continuing to perform—is covered by the phrase
“terms and conditions of employment” within the meaning of
Section 8(d).
The subject matter of the present dispute is well within the
literal meaning of the phrase “terms and conditions of
employment.”
As the Court of Appeals pointed out, it is not necessary that it
be likely or probable that the union will yield or supply a
feasible solution but rather that the union be afforded an
opportunity to meet management’s legitimate complaints that its
maintenance was unduly costly.
We are thus not expanding the scope of mandatory bargaining to
hold, as we do now, that the type of “contracting out” involved
in this case—the replacement of employees in the existing
bargaining unit with those of an independent contractor to do
the same work under similar conditions of employment—is a
statutory subject of collective bar- gaining under Section 8(d).
Our decision need not and does not encompass other forms of
“contracting out” or “subcontracting” which arise daily in our
complex economy.... The judgment of the Court of Appeals is
affirmed.
Case Questions
1. What company action caused this complaint?
2. What remedy did the Board order?
3. With this decision, did the Supreme Court expand the scope
of mandatory bargaining to include all subcontracting
situations?

3. P
H
Y
S
IC
S
D
A
T
A
S
H
E
E
T
C
on
st
an
ts
A
cc
el

4. er
at
io
n
D
ue
t
o
G
ra
v
it
y
N
ea
r
E
ar
th
..
...
...
...

5. ...
...
...
...
..
| _ › a g
| =
9
.8
1
m
/s
2
G
ra
v
it
at
io
na
l
C
on

6. st
an
t .
...
..
G
=
6
.6
7
×
1
0
–1
1
N
. m
2
/k
g2
R
ad

7. iu
s
of
E
ar
th
..
...
...
...
...
...
r e
=
6
.3
7
×
1
0
6
m
M

8. as
s
of
E
ar
th
..
...
...
...
...
...
...
M
e
=
5
.9
7
×
1
0
2

9. 4
kg
E
le
m
en
ta
ry
C
ha
rg
e
...
...
...
..
e
=
1
.6
0
×
1

10. 0
–1
9
C
C
ou
lo
m
b’
s
L
aw
C
on
st
an
t .
.
k
=
8
.9
9
×

11. 1
0
9
N
. m
2
/C
2
E
le
ct
ro
n
V
ol
t .
...
...
...
...
...
...
..

12. 1
eV
=
1
.6
0
×
1
0
–1
9
J
In
de
x
of
R
ef
ra
ct
io
n
of
A

13. ir
.
n
=
1
.0
0
S
p
ee
d
of
L
ig
ht
i
n
V
ac
uu
m
.
c

14. =
3
.0
0
×
1
0
8
m
/s
P
la
nc
k’
s
C
on
st
an
t .
...
...
...
...

15. .
h
=
6
.6
3
×
1
0
–3
4
J.
s
h
=
4
.1
4
×
1
0
–1
5
eV

16. . s
A
to
m
ic
M
as
s
U
n
it
..
...
...
...
..
u
=
1
.6
6
×
1

17. 0
–2
7
kg
P
h
ys
ic
s
P
ri
n
ci
p
le
s
U
n
if
or
m
m
ot
io

18. n
(b
al
an
ce
d
fo
rc
es
)
U
n
if
or
m
ly
a
cc
el
er
at
ed
m
ot

19. io
n
(u
nb
al
an
ce
d
fo
rc
es
)
C
ir
cu
la
r
m
ot
io
n
(u
nb
al

20. an
ce
d
fo
rc
es
)
W
or
k-
en
er
g
y
th
eo
re
m
C
on
se
rv
at

21. io
n
of
m
om
en
tu
m
C
on
se
rv
at
io
n
of
e
ne
rg
y
C
on
se
rv

22. at
io
n
of
m
as
s-
en
er
g
y
C
on
se
rv
at
io
n
of
c
ha
rg
e

23. C
on
se
rv
at
io
n
of
n
uc
le
on
s
W
av
e-
pa
rt
ic
le
d
u
al
it

24. y
P
ar
ti
cl
es
C
h
ar
ge
M
as
s
A
lp
ha
P
ar
ti
cl
e .

25. ...
...
...
...
...
...
...
.
+
2
e
6.
65
×
1
0
–2
7
kg
E
le
ct
ro
n

26. ...
...
...
...
...
...
...
...
...
...
..
–
1e
9.
11
×
1
0
–3
1
kg
P
ro

27. to
n
...
...
...
...
...
...
...
...
...
...
...
..
+
1e
1.
67
×
1
0
–2
7

28. kg
N
eu
tr
on
...
...
...
...
...
...
...
...
...
...
...
0
1.
67
×
1
0

29. –2
7
kg
F
ir
st
-G
en
er
at
io
n
F
er
m
io
n
s
C
h
ar
ge

30. M
as
s
E
le
ct
ro
n
...
...
...
...
...
...
...
...
...
...
..
–
1e
0.
51

31. 1
M
eV
/c
2
P
os
it
ro
n
...
...
...
...
...
...
...
...
...
...
..
+
1e

32. 0.
51
1
M
eV
/c
2
E
le
ct
ro
n
ne
ut
ri
no
, ν
..
...
...
...
...
0

33. <
5
0
eV
/c
2
E
le
ct
ro
n
an
ti
ne
ut
ri
no
, _
_ ν
...
...
.
0

34. <
5
0
eV
/c
2
U
p
qu
ar
k
, u
..
...
...
...
...
...
...
...
...
.
+
2

35. __
3
e
~5
M
eV
/c
2 *
A
nt
i-
up
a
nt
iq
u
ar
k
, _
_ u
...

36. ...
...
...
.
–
2
__
3
e
~5
M
eV
/c
2 *
D
ow
n
qu
ar
k

37. , d
..
...
...
...
...
...
...
..
–
1
__
3
e
~1
0
M
eV
/c
2 *
A

38. nt
i-
do
w
n
an
ti
qu
ar
k
, _
_ d
...
...
..
+
1
__
3
e
~1

39. 0
M
eV
/c
2 *
* C
u
rr
en
t
m
o
de
ls
s
ee
m
t
o
su
gg
es
t
a

40. si
g
n
ifi
ca
nt
ly
l
ow
er
m
as
s
of
t
he
se
q
u
ar
k
s
th

41. an
t
ho
se
i
n
th
is
t
ab
le
.
P
re
fi
xe
s
U
se
d
w
it
h
S

42. I
U
n
it
s
E
xp
on
en
ti
al
P
re
fi
x
S
ym
b
ol
V
al

43. u
e
at
to
..
...
...
...
...
a
...
...
...
...
..
10
–1
8
fe
m
to
..
...
...

44. ...
f
...
...
...
...
..
10
–1
5
pi
co
..
...
...
...
...
p
...
...
...
...
..
10

45. –1
2
na
no
..
...
...
...
..
n
...
...
...
...
..
10
–
9
m
ic
ro
..
...

46. ...
...
µ
..
...
...
...
..
10
–
6
m
il
li
..
...
...
...
..
m
..
...
...

47. ...
..
10
–3
ce
nt
i .
...
...
...
...
c
...
...
...
...
..
10
–2
de
ci
..
...

48. ...
...
...
d
...
...
...
...
..
10
–1
de
k
a
..
...
...
...
.d
a
...
...
...

49. ...
10
1
he
ct
o
..
...
...
...
h
...
...
...
...
..
10
2
k
il
o
...

50. ...
...
...
..
k
...
...
...
...
..
10
3
m
eg
a
..
...
...
...
M
..
...
...

51. ...
.1
0
6
g
ig
a .
...
...
...
...
.G
..
...
...
...
..
10
9
te
ra
...

52. ...
...
...
...
T
..
...
...
...
..
10
12
E
Q
U
A
T
IO
N
S
K
in

53. em
at
ic
s
_ › v a
ve
=
∆
_
› d
__
_
∆
t
_ › d
=
_ › v f
t
–
1

54. __
2
_ ›
a
t2
_ › a
av
e
=
∆
_ › v
__
_
∆
t
_ › d
=
( _

55. › v f
+
_
› v i
__
__
__
2
) t
_ › d
=
_
› v i
t
+
1
__
2
_ ›

56. a
t2
v f
2
=
v
i2
+
2
a
d
| _ › v c
| =
2π
r
__
__
T
| _ › a c

57. | =
v2
__
r
=
4π
2
r
__
__
_
T
2
D
yn
am
ic
s
_ › a

58. =
_
_ › F
ne
t
__
__
m
| __ › F g
| =
G
m
1m
2
__
__
__
_
r2
| __ › F f
| =

59. µ
| __ › F N
|
| _ › g |
=
G
m
__
__
r2
_ ›
F
s
=
–
k_
› x
_ › g
=

60. __
›
F
g
__
_
m
M
om
en
tu
m
a
n
d
E
n
er
gy
_ › p
=

61. m
_ › v
E
k
=
1 __
2
m
v2
_ ›
F
∆
t
=
m
∆
_ › v
E
p
=

62. m
gh
W
=
| _
›
F
|
| _ › d|
c
os
θ
E
p
=
1 __
2
k
x2
W
=

63. ∆
E
P
=
W
__
t
W
av
es
T
=
2
π √
__
m
__

64. k
m
=
h
i
__
_
h
o
=
–
d
i
__
__
d
o
T
=

65. 2
π
√ __
_
l __
g
1
__
f
=
1 __
_
d
o
+
1 __
_
d
i

66. T
=
1 __
f
si
nθ
1
__
__
_
si
nθ
2
=
n
2
__
_
n 1
=

67. v 1
__
v 2
=
λ
1
__
_
λ 2
v
=
f
λ
λ
=
d
s
in
θ

68. __
__
__
n
f
=
(
v
__
__
__
v
±
v s
) f s
λ
=
xd

69. __
_
n
l
E
le
ct
ri
ci
ty
a
n
d
M
ag
n
et
is
m
|_ ›
F

70. e |
=
kq
1q
2
__
__
__
r2
∆V
=
∆
E
__
_ q
| _
›
E

71. |
=
kq
__
_
r2
I
=
q
__
t
_ ›
E
=
__
›

72. F
e
__
_ q
| __ › F m
| =
I
l ⊥
| __ › B |
| _
›
E
|
=
∆V
__
_
∆
d
| __ › F m

73. | =
q
v ⊥
| __ › B |
A
to
m
ic
P
h
ys
ic
s
W
=
h
f 0
E
=
h
f
=

74. h
c
__
_ λ
E
k
m
ax
=
q
eV
st
o
p
N
=
N
0 ( 1
__
2
) n

75. Q
u
an
tu
m
M
ec
h
an
ic
s
an
d
N
u
cl
ea
r
P
h
ys
ic
s

76. ∆
E
=
∆
m
c2
E
=
p
c
p
=
h
__
λ
∆
λ
=
h

77. __
_
m
c(
1
–
co
sθ
)
T
ri
go
n
om
et
ry
a
n
d
G
eo
m
et

78. ry
si
nθ
=
op
p
os
it
e
__
__
__
__
__
hy
p
ot
en
us
e
co
sθ

79. =
ad
ja
ce
nt
__
__
__
__
__
hy
p
ot
en
us
e
ta
nθ
=
op
p

80. os
it
e
__
__
__
_
ad
ja
ce
nt
c2
=
a
2
+
b
2
a
__
__

81. _
si
n
A
=
b
__
__
_
si
n
B
=
c
__
__
_
si
n

82. C
c2
=
a
2
+
b
2
–
2
a
b
c
os
C
S
lo
p
e
m
=

83. ∆y
__
_
∆
x
A
re
a
R
ec
ta
ng
le
=
l
w
T
ri
an
gl
e
=

84. 1 __
2
a
b
C
ir
cl
e
=
π
r2
C
ir
cu
m
fe
re
n
ce
C
ir

85. cl
e
=
2
π
r
G
ra
p
h
in
g
C
al
cu
la
to
r
W
in
d
ow
F
or

86. m
at
x:
[
x m
in
, x
m
ax
, x
sc
l]
y:
[
y m
in
, y
m
ax
, y
sc
l]

87. 1
1
PHYSICS 30
Atomic Nucleus Exam WR
Name: _______________ Date: ________________
Written Response #1
Use the following information to answer the next question.
• Determine the velocity of neutron after the decay. (3 marks)
The sun produces energy through nuclear fusion. In one
particular reaction, energy
is released when a hydrogen – 2 nucleus fuses with a hydrogen
– 3 nucleus. This
produces a helium – 5 nucleus that is unstable and that decays
to helium 4 nucleus
and a neutron. The fusion reaction chain is
HenHeHH 42
1
0

88. 5
2
3
1
2
1 +→→+
The masses of two of these particles are given in the table
below.
Particle Isotope Notation Mass (10-27 kg)
Helium – 4 He42 6.648 84
Neutron n10 1.674 93
The decay of helium – 5 to helium – 4 and a neutron forms an
isolated system. In
this system, the energy equivalence of the mass defect is
observed as an increase in
the system’s kinetic energy.
A helium – 5 nucleus, at rest, decay. Both the neutron and the
helium – 4 nucleus
move away from the location of the decay. The helium – 4
nucleus has a momentum
of 1.903 06 × 10-20 Ns and a kinetic energy of 2.723 50 × 10-
14 J.

89. 2
2
Name: ___________________
• Determine the mass of the helium-5 nucleus. (5 marks)
3
3
Written Response #2 Name: _________________
Use the following information to answer the next questions.
• On the grid below, graph the data with the manipulated
variable on the horizontal axis.
Provide a suitable title for your graph. (3 marks)

90. While studying the radioactive phosphorus isotope isotope
P3415 , it was discovered that a 128 g
sample had decayed to 4.48 g after 60 s. The following table
provides data corresponding to
the decay.

91. Mass (g) 128.0 73.0 41.9 23.9 13.7 7.80 4.48
Time (s) 0.00 10.0 20.0 30.0 40.0 50.0 60.0
4
4
Name: __________________
• Using your graph, or some other appropriate method,
determine the half-life of
phosphorus-34. Indicate how you determined your answer. (1
mark)
• When phosphorus-34 decays, it emits a particle. An
experiment similar to the J.J. Thomson
experiment is performed to determine the charge-to-mass ratio
of this particle. It is found that
the particle moves undeflected through mutually perpendicular
magnetic and electric fields of

92. 2.00 × 10-3 T and 1.08 × 104 N/C, respectively. When the
electric field is turned off, the particle
is found to deflect to a radius of 1.53 × 10-2m. Using the
formula on the data sheets, determine
the type of particle emitted. Show all the steps needed to make
this determination. (4 marks)

93. 5
5
Name: _________________
• Using your periodic table, write the complete equation for the
decay you just found,
identifying the product isotope. If you were not able to get an
answer for the previous bullet,
assume an alpha decay. (2 marks)
• How would a gamma ray have been affected by passing
through a magnetic field as
mentioned in the third bullet? (1 mark)

94. jfahy
Typewritten Text
(Note: This question is still talking about phosphorus-34. If
there are two possible decays of the type you found,
just choose one of them, name it, and write its equation.)
1
Physics 30 Unit 5
Atomic Structure Exam Part B
Name: __________________ Date: ________________
Written Response #1
Use the following information to answer the next question.
• Draw the electric field lines showing the electric field
direction and shape
between the parallel plates above. (1 mark)
• Determine the magnitude and direction of the acceleration on
the charged
particle. (4 marks)

95. An oil-drop, that has a mass of 3.5 × 10-15 kg and an excess of
7 electrons, is located
between horizontal parallel plates. The plates are separated by a
distance of 2.5 cm and
have and potential difference of 4.8 × 102 V between them.
Positively charged plate
Charged Particle Plate separation = 2.5 cm
Negatively charged plate
2
Name: ______________
• Describe one change that could be made to the above
experiment so that the
charged particle will be now be suspended. Explain how the
change will allow
the particle to be suspended and justify your answer with
appropriate formulas
(3 marks)

96. • Determine the time required for the particle to move from the
upper plate to the
lower plate when the particle begins at rest. (2 marks)
3
Written Response #2 Name: ____________
Use the following information to answer the next question.

97. The northern lights that are visible in Alberta skies on many
winter nights are produced when
free electrons in the solar wind are trapped within Earth’s
magnetic field.
Diagram I: Solar Wind and Earth
These free electrons can collide with atomic oxygen in the
upper atmosphere. As a result of
these collisions, atoms of oxygen become excited and electrons
in lower levels move to
higher energy levels. Electron transitions toward the ground

98. state result in the emission of
photons, two of which correspond to red and green light.
The following diagram shows the three energy levels of atomic
oxygen involved in the
production of green- and red-colored northern lights.
Diagram II: Selected Electron Energy Levels
In addition to the two photons identified above, a third unique
photon can be emitted by
atomic oxygen after it has been excited to energy level C.
Geographic North Pole
Equator
Geographic South Pole
Solar Wind
Energy Level C
Energy Level B
Energy Level A
Electron
Transition

99. Electron
Transition
Photon
emission
Photon
emission
_____ eV
_____ eV
-15.82 eV Ground State
fgreen = 5.379 × 1014 Hz
fred = 4.762 × 1014 Hz
4
Name: ______________

100. • Draw several magnetic field lines on diagram I to show the
shape, strength and
direction of the Earth’s magnetic field. (1 mark)
• Determine the energy of the photon of red light and the energy
of the photon of
green light. (2 marks)
• Determine the energy values in units of electron volts for the
energy level B and
energy level C of atomic oxygen. (2 marks).
If you are unable to determine the energy values for levels B
and C, use the
hypothetical values of energy level B = -13.10 eV and energy
level C = -11.20 eV for
the rest of the question.
• Determine the minimum speed of a free electron that would
excite atomic

101. oxygen from energy level A to energy level B. (2 marks)
5
Name: __________
• Draw an arrow on diagram II to show the electron transition
that corresponds to
the emission of the third, unique photon. (1 mark)
• Determine the wavelength of the third, unique photon, and
identify the region of
the electromagnetic spectrum to which this photon belongs. (3
marks)
Unit 2 Assignment: Fibreboard Paper Products Corp. v. NLRB

102. Due Date: 11:59 pm Sunday of Unit 2
Total Points: 100
Overview:
For our first assignment, we will focus on explaining the
concept of mandatory bargaining and
the duties of employers. In this case study, you will explore the
role of the Supreme Court and
what actions caused this complaint in the first place.
Instructions:
Refer to case study 5.10 - Fibreboard Paper Products Corp. v.
NLRB on page 177 of your
textbook. Then answer the following three questions provided at
the end of the case study:
1. What company action caused this complaint?
2. What remedy did the Board order?
3. With this decision, did the Supreme Court expand the scope
of mandatory bargaining to
include all subcontracting situations?
Requirements:

103. carefully before beginning.
work.
-
spaced, Times New Roman
font, and 12-point font)
ormat and include a reference/work cited
page when necessary.
-words or more
in length.
course title, and date.
Be sure to read the criteria, by which your paper/project will be
evaluated,
before you write, and again after you write. Response to
questions #1-#3 will
be evaluated at a maximum of 25 points each question based on
the rubric
below.

104. HRM341
Employment Law
Evaluation Rubric for Unit 2 Assignment
CRITERIA Deficient Proficient Exemplary
(0 - 2 Points) (3 - 4 Points) (5 Points)
Introduction Does not provide an
adequate introduction or
is missing.
Introduction is
presented, though
may not be clear or
complete.
Introduction is clearly
presented and provides
the reader a context for
the rest of the response.
(0 – 16 Points) (17 - 21 Points) (22 - 25 Points)
Question #1
Response
Did not highlight a

105. company action that
caused this complaint.
Did not provide an
adequate response –
less than 200 words.
Did highlight a
company action that
caused this complaint.
Did not provide an
adequate response –
between 201-249
words.
Clearly highlighted a
company action that
caused this complaint.
Provided a more than
accurate response – 250
words or more.
Question #2
Response
Did not highlight the
remedy that the Board
ordered. Did not
provide an adequate

106. response – less than
200 words.
Did highlight the
remedy that the Board
ordered. Did not
provide an adequate
response – between
201-249 words.
Clearly highlighted the
remedy that the Board
ordered. Provided a
more than accurate
response – 250 words or
more.
Question #3
Response
Did not answer the
question or did not
explain why or why not.
Did not provide an
adequate response –
less than 200 words.
Answered the
question. Did not

107. provide an adequate
response – between
201-249 words.
Answered the question.
Provided a more than
accurate response – 250
words or more.
(0 - 5 Points) (6 - 8 Points) (9 - 10 Points)
Assignment
Requirements
References and
citations missing or
formatting does not
resemble APA.
References and
citations are present
with some errors.
References and citations
are present and near
perfect.
Clear and
professional
writing and
format

108. Errors impede
professional
presentation; guidelines
not followed.
Few errors that do not
impede professional
presentation.
Writing and format is
clear, professional, and
error free.