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 ...
The document discusses key aspects of contract and negligence law as they relate to business. It begins with an executive summary distinguishing contract and tort law. It then provides a table of contents outlining the report's structure. The main sections discuss elements of contract formation, different ways contracts can be formed, analysis of contractual terms, case studies applying contract and negligence principles, similarities and differences between contractual and tort liability, conditions for negligence, and vicarious liability. The document aims to provide a practical understanding of how contract and tort law solve business problems.
Assignment 4 is worth 20 of your final grade. This assignment shoul.docxeleanorabarrington
Assignment 4 is worth 20% of your final grade. This assignment should be submitted after you have completed the readings and learning activities for Unit 6.
Assignment 4 assesses your understanding, analysis, and practical application of the law as it relates to the exercise of bargaining rights.
In Assignment 4, you are expected to analyze and form a number of conclusions on a case in which collective bargaining rights are tested, as they are so often, by an industrial dispute. Read the following case study, and study the questions that appear at the end of the case.
Then, combine your answers to these questions in an essay that does not exceed 1,500 words.
Once you have successfully completed and submitted your assignment, you are welcome to contact your academic expert to find out what happened next in the case.
A Note on This Case
This case is summarized from an actual complaint to the Alberta Labour Relations Board,
UFCW
1118
v
.
Airtex
Manufacturing Partnership,
[1991] Alta. L.R.B.R. 783. The names of the complainants and the respondents have not been changed, but some facts and descriptions have been modified.
Reading the Alberta Board’s award is unlikely to help you complete this assignment. Legislation in Alberta has changed and you may well be covered by different legislation. And labour relations boards can also be wrong!
The Case in Brief
The employer (Airtex) has commenced a lawful lockout of its employees before the bargaining agent (the union) was able to commence a lawful strike. Airtex has announced that it will lift the lockout after one day and employees are expected to return to work under interim working conditions. It has threatened dismissal for employees who do not return to work under the interim conditions.
The interim conditions have been set out in a detailed booklet resembling a collective agreement. The interim conditions, however, omit all references to the union embodied in the employer’s proposal: the recognition clause, union security clause, grievance procedure, non-discrimination clause, and provisions for union communication with employees. The union has complained that among other things, Airtex has violated its duty to bargain in good faith, has interfered with the union’s representation of employees, and has refused to employ employees because they are exercising their rights under the
Labour Relations Code
.
The Issue
Under provincial labour relations legislation, what are the respective rights and duties of employees, the union, and the employer as they work through the lockout and agreement?
The Case in Detail
For purposes of this case, assume that the date is December 12, 1993.
Airtex Manufacturing Partnership makes air conditioning equipment under the name Engineered Air. United Food and Commercial Workers Local 1118 (the union) represents Engineer Air's plant employees. The union has taken over as bargaining agent from an employee association recently, following a contentiou.
This document provides information about purchasing a BUSN 420 Final Exam from an online test preparation service. It includes the link to purchase three different exam sets, each containing short essay questions and multiple choice questions. It also provides contact information for the test preparation service.
Assignment 4In Assignment 4, you are expected to analyze and for.docxssuser562afc1
Assignment 4
In Assignment 4, you are expected to analyze and form a number of conclusions on a case in which collective bargaining rights are tested, as they are so often, by an industrial dispute. Read the following case study, and study the questions that appear at the end of the case. Then, combine your answers to these questions in an essay that does not exceed 1,000 to 1,200 words.
Once you have successfully completed and submitted your assignment, you are welcome to contact your Academic Expert to find out what happened next in the case.
A Note on this Case
This case is summarized from an actual complaint to the Alberta Labour Relations Board, UFCW 1118 v. AirtexManufacturing Partnership [1991] Alta. L.R.B.R. 783. The names of the complainants and the respondents have not been changed, but some facts and descriptions have been modified for economy sake.
Reading the Alberta Board’s award is unlikely to help you complete this assignment. Legislation in Alberta has changed and you may well be covered by different legislation. And labour relations boards can also be wrong!
The Case in Brief
The employer (Airtex) has commenced a lawful lockout of its employees before the bargaining agent (the union) was able to commence a lawful strike. Airtex has announced that it will lift the lockout after one day and employees are expected to return to work under interim working conditions. It has threatened dismissal for employees who do not return to work under the interim conditions.
The interim conditions have been set out in a detailed booklet resembling a collective agreement. The interim conditions, however, omit all references to the union embodied in the employer’s proposal:: the recognition clause, union security clause, grievance procedure, non-discrimination clause, and provisions for union communication with employees. The union has complained that, among other things, Airtex has violated its duty to bargain in good faith, has interfered with the union’s representation of employees, and has refused to employ employees because they are exercising their rights under the Labour Relations Code.
The issue
Under provincial labour relations legislation, what are the respective rights and duties of employees, the union, and the employer as they work through the lockout and agreement?
The Case in Detail
For purposes of this case, assume that the date is December 12, 1993.
Airtex Manufacturing Partnership makes air conditioning equipment under the name Engineered Air. United Food and Commercial Workers Local 1118 (the union) represents Engineer Air's plant employees. The union has taken over as bargaining agent from an employee association recently following a contentious certification. The union and Engineered Air are now negotiating towards a new collective agreement.
On Dec. 2, the company gave the union the following notice of lockout:
NOTICE OF LOCKOUT
This is written notice pursuant to Section XX of the Labour Relations Code locking ...
In Assignment 4, you are expected to analyze and form a number of co.docxdunningblair
In Assignment 4, you are expected to analyze and form a number of conclusions on a case in which collective bargaining rights are tested, as they are so often, by an industrial dispute. Read the following case study, and study the questions that appear at the end of the case.
Then, combine your answers to these questions in an essay that does not exceed 1,500 words.
Once you have successfully completed and submitted your assignment, you are welcome to contact your academic expert to find out what happened next in the case.
A Note on This Case
This case is summarized from an actual complaint to the Alberta Labour Relations Board,
UFCW
1118
v
.
Airtex
Manufacturing Partnership,
[1991] Alta. L.R.B.R. 783. The names of the complainants and the respondents have not been changed, but some facts and descriptions have been modified.
Reading the Alberta Board’s award is unlikely to help you complete this assignment. Legislation in Alberta has changed and you may well be covered by different legislation. And labour relations boards can also be wrong!
The Case in Brief
The employer (Airtex) has commenced a lawful lockout of its employees before the bargaining agent (the union) was able to commence a lawful strike. Airtex has announced that it will lift the lockout after one day and employees are expected to return to work under interim working conditions. It has threatened dismissal for employees who do not return to work under the interim conditions.
The interim conditions have been set out in a detailed booklet resembling a collective agreement. The interim conditions, however, omit all references to the union embodied in the employer’s proposal: the recognition clause, union security clause, grievance procedure, non-discrimination clause, and provisions for union communication with employees. The union has complained that among other things, Airtex has violated its duty to bargain in good faith, has interfered with the union’s representation of employees, and has refused to employ employees because they are exercising their rights under the
Labour Relations Code
.
The Issue
Under provincial labour relations legislation, what are the respective rights and duties of employees, the union, and the employer as they work through the lockout and agreement?
The Case in Detail
For purposes of this case, assume that the date is December 12, 1993.
Airtex Manufacturing Partnership makes air conditioning equipment under the name Engineered Air. United Food and Commercial Workers Local 1118 (the union) represents Engineer Air's plant employees. The union has taken over as bargaining agent from an employee association recently, following a contentious certification. The union and Engineered Air are now negotiating toward a new collective agreement.
On December 2, the company gave the union the following notice of lockout:
NOTICE OF LOCKOUT
This is written notice pursuant to Section XX of the
Labour Relations Code
locking out all the empl ...
The document summarizes a 1976 decision by the British Columbia Labour Relations Board regarding the dismissal of an employee. The Board emphasized that under collective bargaining laws, an employee has legal protection from dismissal without just cause. This is a significant shift from common law, which allowed employers broad discretion to terminate employment. The Board also noted that collective agreements provide employers disciplinary options beyond dismissal, such as suspension, and arbitrators generally require lesser measures be tried before dismissal.
This case deals with a unilateral mistake made on a website listing the price of an HP laser printer as $66 instead of the intended $3,854. Six appellants noticed the much lower price and each ordered over 100 printers. When the mistake was discovered, the company sent emails saying it would not fulfill the orders. The court ruled in favor of the defendant company, finding that while a unilateral mistake occurred, the appellants had constructive knowledge of the mistake given the significant price discrepancy. As the mistake related to a fundamental term of the contract, the contract was considered void. Consensus ad idem did not apply as the appellants were aware of the mistake.
Arbitration Case #3 In the Matter of Arbitration betwee.docxfestockton
Arbitration Case #3
In the Matter of Arbitration between
Minnesota Mining & Manufacturing Co. (3M)
–and–
Oil, Chemical & Atomic Workers
International Union, Local 6 –75
The Issue
The parties stipulated the issue in this case as follows:
Has the company violated the collective bargaining agreement by following a practice of not
using bargaining unit employees to repair personal computers?
The Facts
This grievance was brought by the Oil, Chemical & Atomic Workers International Union, Local
6–75 on behalf of the grievant, Terry Begley, and members of the bargaining unit. The grievant is
a systems control technician employed by the Minnesota Mining & Manufacturing Co. (3M), and
the union is his sole representative.
The union and the company are parties to a collective bargaining agreement. Article 2.01 in the
agreement recognizes the union as the exclusive bargaining agent for all hourly paid employees
designated in the bargaining unit. The unit includes all production and maintenance employees,
including service control technicians. Furthermore, Article 8.17(c) provides that “Supervisory and
other salaried employees will not perform the work of hourly production employees except in cases
of emergency.” The union argues that the company has violated the contract by giving to salaried
employees bargaining unit work that should have been performed by service control technicians.
Two years ago the company purchased 4,000 desktop personal computers. Salaried repair
technicians, who are not members of the bargaining unit, were given the responsibility for
repairing those personal computers. The company claims that this assignment is a logical extension
of its longstanding practice of having salaried repair technicians repair all of the company’s office
equipment.
The union disagrees and notes that systems control technicians, who are members of the
bargaining unit, have historically repaired and maintained equipment associated with the operation,
maintenance, and process control of the manufacturing processes. Because this has included
working regularly with computers, the introduction of personal computers simply expanded the
work that should have been made available to members of the bargaining unit. Furthermore, the
union argues that denying service control technicians this work threatens their job security, for as
computerization becomes more prevalent, bargaining unit members will be denied the opportunity
to keep pace with changing technology. Therefore, the union submits that the company should be
directed to assign the work of repairing and maintaining personal computers and ancillary
equipment to the systems control technicians.
The Union’s Argument
The evidence that members of the bargaining unit are qualified to perform the work in question is
compelling. The union presented evidence that service control technicians have extensive training,
both to obtain ...
The document discusses key aspects of contract and negligence law as they relate to business. It begins with an executive summary distinguishing contract and tort law. It then provides a table of contents outlining the report's structure. The main sections discuss elements of contract formation, different ways contracts can be formed, analysis of contractual terms, case studies applying contract and negligence principles, similarities and differences between contractual and tort liability, conditions for negligence, and vicarious liability. The document aims to provide a practical understanding of how contract and tort law solve business problems.
Assignment 4 is worth 20 of your final grade. This assignment shoul.docxeleanorabarrington
Assignment 4 is worth 20% of your final grade. This assignment should be submitted after you have completed the readings and learning activities for Unit 6.
Assignment 4 assesses your understanding, analysis, and practical application of the law as it relates to the exercise of bargaining rights.
In Assignment 4, you are expected to analyze and form a number of conclusions on a case in which collective bargaining rights are tested, as they are so often, by an industrial dispute. Read the following case study, and study the questions that appear at the end of the case.
Then, combine your answers to these questions in an essay that does not exceed 1,500 words.
Once you have successfully completed and submitted your assignment, you are welcome to contact your academic expert to find out what happened next in the case.
A Note on This Case
This case is summarized from an actual complaint to the Alberta Labour Relations Board,
UFCW
1118
v
.
Airtex
Manufacturing Partnership,
[1991] Alta. L.R.B.R. 783. The names of the complainants and the respondents have not been changed, but some facts and descriptions have been modified.
Reading the Alberta Board’s award is unlikely to help you complete this assignment. Legislation in Alberta has changed and you may well be covered by different legislation. And labour relations boards can also be wrong!
The Case in Brief
The employer (Airtex) has commenced a lawful lockout of its employees before the bargaining agent (the union) was able to commence a lawful strike. Airtex has announced that it will lift the lockout after one day and employees are expected to return to work under interim working conditions. It has threatened dismissal for employees who do not return to work under the interim conditions.
The interim conditions have been set out in a detailed booklet resembling a collective agreement. The interim conditions, however, omit all references to the union embodied in the employer’s proposal: the recognition clause, union security clause, grievance procedure, non-discrimination clause, and provisions for union communication with employees. The union has complained that among other things, Airtex has violated its duty to bargain in good faith, has interfered with the union’s representation of employees, and has refused to employ employees because they are exercising their rights under the
Labour Relations Code
.
The Issue
Under provincial labour relations legislation, what are the respective rights and duties of employees, the union, and the employer as they work through the lockout and agreement?
The Case in Detail
For purposes of this case, assume that the date is December 12, 1993.
Airtex Manufacturing Partnership makes air conditioning equipment under the name Engineered Air. United Food and Commercial Workers Local 1118 (the union) represents Engineer Air's plant employees. The union has taken over as bargaining agent from an employee association recently, following a contentiou.
This document provides information about purchasing a BUSN 420 Final Exam from an online test preparation service. It includes the link to purchase three different exam sets, each containing short essay questions and multiple choice questions. It also provides contact information for the test preparation service.
Assignment 4In Assignment 4, you are expected to analyze and for.docxssuser562afc1
Assignment 4
In Assignment 4, you are expected to analyze and form a number of conclusions on a case in which collective bargaining rights are tested, as they are so often, by an industrial dispute. Read the following case study, and study the questions that appear at the end of the case. Then, combine your answers to these questions in an essay that does not exceed 1,000 to 1,200 words.
Once you have successfully completed and submitted your assignment, you are welcome to contact your Academic Expert to find out what happened next in the case.
A Note on this Case
This case is summarized from an actual complaint to the Alberta Labour Relations Board, UFCW 1118 v. AirtexManufacturing Partnership [1991] Alta. L.R.B.R. 783. The names of the complainants and the respondents have not been changed, but some facts and descriptions have been modified for economy sake.
Reading the Alberta Board’s award is unlikely to help you complete this assignment. Legislation in Alberta has changed and you may well be covered by different legislation. And labour relations boards can also be wrong!
The Case in Brief
The employer (Airtex) has commenced a lawful lockout of its employees before the bargaining agent (the union) was able to commence a lawful strike. Airtex has announced that it will lift the lockout after one day and employees are expected to return to work under interim working conditions. It has threatened dismissal for employees who do not return to work under the interim conditions.
The interim conditions have been set out in a detailed booklet resembling a collective agreement. The interim conditions, however, omit all references to the union embodied in the employer’s proposal:: the recognition clause, union security clause, grievance procedure, non-discrimination clause, and provisions for union communication with employees. The union has complained that, among other things, Airtex has violated its duty to bargain in good faith, has interfered with the union’s representation of employees, and has refused to employ employees because they are exercising their rights under the Labour Relations Code.
The issue
Under provincial labour relations legislation, what are the respective rights and duties of employees, the union, and the employer as they work through the lockout and agreement?
The Case in Detail
For purposes of this case, assume that the date is December 12, 1993.
Airtex Manufacturing Partnership makes air conditioning equipment under the name Engineered Air. United Food and Commercial Workers Local 1118 (the union) represents Engineer Air's plant employees. The union has taken over as bargaining agent from an employee association recently following a contentious certification. The union and Engineered Air are now negotiating towards a new collective agreement.
On Dec. 2, the company gave the union the following notice of lockout:
NOTICE OF LOCKOUT
This is written notice pursuant to Section XX of the Labour Relations Code locking ...
In Assignment 4, you are expected to analyze and form a number of co.docxdunningblair
In Assignment 4, you are expected to analyze and form a number of conclusions on a case in which collective bargaining rights are tested, as they are so often, by an industrial dispute. Read the following case study, and study the questions that appear at the end of the case.
Then, combine your answers to these questions in an essay that does not exceed 1,500 words.
Once you have successfully completed and submitted your assignment, you are welcome to contact your academic expert to find out what happened next in the case.
A Note on This Case
This case is summarized from an actual complaint to the Alberta Labour Relations Board,
UFCW
1118
v
.
Airtex
Manufacturing Partnership,
[1991] Alta. L.R.B.R. 783. The names of the complainants and the respondents have not been changed, but some facts and descriptions have been modified.
Reading the Alberta Board’s award is unlikely to help you complete this assignment. Legislation in Alberta has changed and you may well be covered by different legislation. And labour relations boards can also be wrong!
The Case in Brief
The employer (Airtex) has commenced a lawful lockout of its employees before the bargaining agent (the union) was able to commence a lawful strike. Airtex has announced that it will lift the lockout after one day and employees are expected to return to work under interim working conditions. It has threatened dismissal for employees who do not return to work under the interim conditions.
The interim conditions have been set out in a detailed booklet resembling a collective agreement. The interim conditions, however, omit all references to the union embodied in the employer’s proposal: the recognition clause, union security clause, grievance procedure, non-discrimination clause, and provisions for union communication with employees. The union has complained that among other things, Airtex has violated its duty to bargain in good faith, has interfered with the union’s representation of employees, and has refused to employ employees because they are exercising their rights under the
Labour Relations Code
.
The Issue
Under provincial labour relations legislation, what are the respective rights and duties of employees, the union, and the employer as they work through the lockout and agreement?
The Case in Detail
For purposes of this case, assume that the date is December 12, 1993.
Airtex Manufacturing Partnership makes air conditioning equipment under the name Engineered Air. United Food and Commercial Workers Local 1118 (the union) represents Engineer Air's plant employees. The union has taken over as bargaining agent from an employee association recently, following a contentious certification. The union and Engineered Air are now negotiating toward a new collective agreement.
On December 2, the company gave the union the following notice of lockout:
NOTICE OF LOCKOUT
This is written notice pursuant to Section XX of the
Labour Relations Code
locking out all the empl ...
The document summarizes a 1976 decision by the British Columbia Labour Relations Board regarding the dismissal of an employee. The Board emphasized that under collective bargaining laws, an employee has legal protection from dismissal without just cause. This is a significant shift from common law, which allowed employers broad discretion to terminate employment. The Board also noted that collective agreements provide employers disciplinary options beyond dismissal, such as suspension, and arbitrators generally require lesser measures be tried before dismissal.
This case deals with a unilateral mistake made on a website listing the price of an HP laser printer as $66 instead of the intended $3,854. Six appellants noticed the much lower price and each ordered over 100 printers. When the mistake was discovered, the company sent emails saying it would not fulfill the orders. The court ruled in favor of the defendant company, finding that while a unilateral mistake occurred, the appellants had constructive knowledge of the mistake given the significant price discrepancy. As the mistake related to a fundamental term of the contract, the contract was considered void. Consensus ad idem did not apply as the appellants were aware of the mistake.
Arbitration Case #3 In the Matter of Arbitration betwee.docxfestockton
Arbitration Case #3
In the Matter of Arbitration between
Minnesota Mining & Manufacturing Co. (3M)
–and–
Oil, Chemical & Atomic Workers
International Union, Local 6 –75
The Issue
The parties stipulated the issue in this case as follows:
Has the company violated the collective bargaining agreement by following a practice of not
using bargaining unit employees to repair personal computers?
The Facts
This grievance was brought by the Oil, Chemical & Atomic Workers International Union, Local
6–75 on behalf of the grievant, Terry Begley, and members of the bargaining unit. The grievant is
a systems control technician employed by the Minnesota Mining & Manufacturing Co. (3M), and
the union is his sole representative.
The union and the company are parties to a collective bargaining agreement. Article 2.01 in the
agreement recognizes the union as the exclusive bargaining agent for all hourly paid employees
designated in the bargaining unit. The unit includes all production and maintenance employees,
including service control technicians. Furthermore, Article 8.17(c) provides that “Supervisory and
other salaried employees will not perform the work of hourly production employees except in cases
of emergency.” The union argues that the company has violated the contract by giving to salaried
employees bargaining unit work that should have been performed by service control technicians.
Two years ago the company purchased 4,000 desktop personal computers. Salaried repair
technicians, who are not members of the bargaining unit, were given the responsibility for
repairing those personal computers. The company claims that this assignment is a logical extension
of its longstanding practice of having salaried repair technicians repair all of the company’s office
equipment.
The union disagrees and notes that systems control technicians, who are members of the
bargaining unit, have historically repaired and maintained equipment associated with the operation,
maintenance, and process control of the manufacturing processes. Because this has included
working regularly with computers, the introduction of personal computers simply expanded the
work that should have been made available to members of the bargaining unit. Furthermore, the
union argues that denying service control technicians this work threatens their job security, for as
computerization becomes more prevalent, bargaining unit members will be denied the opportunity
to keep pace with changing technology. Therefore, the union submits that the company should be
directed to assign the work of repairing and maintaining personal computers and ancillary
equipment to the systems control technicians.
The Union’s Argument
The evidence that members of the bargaining unit are qualified to perform the work in question is
compelling. The union presented evidence that service control technicians have extensive training,
both to obtain ...
C H A P T E R 15 Collective BargainingEmployees join unions TawnaDelatorrejs
C H A P T E R 15 Collective Bargaining
Employees join unions to gain some influence over their working conditions and wages; that influence is achieved through the process called collective bargaining. Section 8(d) of the National Labor Relations Act (NLRA) defines collective bargaining as [t]he 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, or the negotiation of an agreement or any question arising thereunder. . . . This process of meeting and discussing working conditions is actually a highly stylized and heavily regulated form of economic conflict. Within the limits of conduct spelled out by the National Labor Relations Board (NLRB) under the NLRA, the parties exert pressure on each other to force some concession or agreement. The union’s economic pressure comes from its ability to withhold the services of its members—a strike. The employer’s bargaining pressure comes from its potential to lock out the employees or to permanently replace striking workers. The NLRB and the courts, through their interpretation and administra- tion of the NLRA, have limited the kinds of pressure either side may exert and how such pressure may be applied. This chapter examines the collective bargaining process and the legal limits placed on that process.
15-1 The Duty to Bargain
An employer is required to recognize a union as the exclusive bargaining representa- tive of its employees when a majority of those employees support the union. The union may demonstrate its majority support either through signed authorization cards or by winning a representation election. Once aware of the union’s majority support, the employer must recognize and bargain with the union according to the process spelled out in Section 8(d). Section 8(a)(5) makes it an unfair labor practice for an employer to refuse to bargain with the representative of its employees, and Section 8(b)(3) makes it an unfair practice for a union representing a group of employees to refuse to bargain with their employer. Although the NLRA imposes an obligation to bargain collectively upon both employer and union, it does not control the results of the bargaining process. Section 8(d) makes it clear that the obligation to bargain “does not compel either party to agree to a proposal or require the making of a concession.” The act thus reflects an ambivalence regarding the duty to bargain in good faith. The parties, to promote industrial relations harmony, are required to come together and negotiate, but in deference to the principle of freedom of contract, they are not required to reach an agreement. This tension between the goal of promoting industrial peace and the principle of freedom of contract underlies the various NLRB and court decisions dealing with the duty to bargain. The accommodation of these conflicting ideas makes the ar ...
This document provides an overview of labor unions and collective bargaining. It discusses the role of unions in representing workers' interests to management. Key aspects covered include the formation of unions, national unions, major labor laws, the NLRB process for union certification, collective bargaining and contract negotiations, the scope of bargaining issues, preventing strikes through alternative dispute resolution, and grievance procedures.
Managing Dismissal to Avoid RepercussionlegalPadmin
Speech by K.Somasundram, Assistant Secretary from MTUC, given in Labour Law Seminar held by Legal Plus Sdn. Bhd (www.legalplus.com.my) on Apr 10, 2015.
This document provides information about assignments available for the MBA Semester 3 course MB0051 Legal Aspects of Business. Assignments can be purchased for Rs. 130 each by emailing subjects4u@gmail.com or calling 09882243490. The assignment includes 6 questions related to remedies for breach of contract, power of attorney, partnership registration procedures, circumstances treating breach of condition as breach of warranty, consumer complaint procedures, and shares/meeting classifications. Students must answer each question in 300-400 words for a total of 60 marks.
This document discusses remedies for breach of contract, including rescission, damages, quantum meruit, specific performance, and injunction. It defines each remedy and provides examples. Rescission allows a party to treat a contract as void after a breach. Damages provide monetary compensation for losses from a breach. Quantum meruit applies when partial performance justifies compensation. Specific performance requires literal fulfillment of contract obligations. Injunctions enforce negative contract terms.
This document discusses remedies for breach of contract, including rescission, damages, quantum meruit, specific performance, and injunction. It defines each remedy and provides examples. Rescission allows a party to treat a contract as voided due to breach. Damages provide monetary compensation for losses from breach. Quantum meruit applies when partial performance justifies compensation. Specific performance requires literal fulfillment of contract terms. Injunctions enforce negative contract obligations.
A simplified project about Industrial Disputes as per the Industrial Disputes Act, 1947.
Also comprising of real cases of Strikes, Lockouts, Gherao.
This project also talks about the Trade Union Act, 1926.
This document discusses the law relating to "team poaching" or employees moving en masse to a competitor. Courts must balance employees' freedom to leave employment with the duty of fidelity owed to employers. The more senior the employee, the greater the duties owed to the employer. If the employee is also a director, questions around fiduciary duties may arise. Courts are also concerned with ensuring employees leaving en masse does not give the new venture an unfair competitive advantage. The document discusses several cases that have addressed these issues and summarizes the law around team moves and mutual solicitation between employees. It also notes that while non-compete clauses may not be enforceable, courts can still grant injunctive relief to prevent unfair competition
This note considers whether a contract term can exclude all liability for latent defects and limit liability to defect repair or replacement. The clause is based on clause 36.9 from MF/1, the Model Form of conditions for electrical, electronic and mechanical plant from IMechE/IET.
The relevant cases are British Fermentation Products v Compair Reavell [1999] 2 All ER (Comm) 389 and in BHP Petroleum v British Steel [2000]2 All ER (Comm) 133.
The note was prepared by Sarah fox, 500 Words Ltd. She has reviewed, adapted, advised and trained on the MF/1 form of contract.
www.500words.co.uk
The document discusses key definitions and concepts related to industrial relations and labor laws in India. Some of the main points covered include:
1) The definition of "industry", "industrial dispute", "workman", and "wages" under the relevant labor laws.
2) The various authorities and mechanisms established to deal with industrial disputes, such as Works Committees, Conciliation Officers, Labor Courts, and Industrial Tribunals.
3) Procedures that must be followed related to strikes, lock-outs, lay-offs and retrenchment of workmen. The conditions and compensation applicable in each case are also outlined.
This document provides an overview of key concepts related to third party rights, discharge of contractual obligations, breach of contract, and available remedies. It defines and distinguishes assignments and delegations, intended and incidental third party beneficiaries, types of contractual discharge including performance, breach, and agreement or operation of law. It also outlines compensatory and consequential damages, nominal damages, mitigation of damages, liquidated damages versus penalties, and equitable remedies including rescission, restitution, specific performance, and reformation.
1-2paragraphsapa formatWelcome to Module 6. Divers.docxjasoninnes20
1-2
paragraphs
apa format
Welcome to Module 6. Diversity can help ensure that a team has the skills and knowledge necessary for the successful completion of tasks. Diverse teams, as long as they are well managed, tend to be more creative and achieve goals more efficiently. Leaders must understand and appreciate the diversity that exists in their team. Answer the following question as you think about the diversity that exists within your own organization.
How does this diversity help your team achieve its goals?
Have you noticed any barriers to team unity that may be attributed to the diversity of team members' backgrounds?
How has your background and experience prepared you to be an effective leader in an organization that holds diversity and inclusion as core to its mission and values?
.
1-Post a two-paragraph summary of the lecture; 2- Review the li.docxjasoninnes20
1-Post a two-paragraph summary of the lecture;
2- Review the links and select one. Briefly explain how they support our curse.
http://www.fldoe.org/
http://www.eric.ed.gov/ERICWebPortal/Home.portal
http://firn.edu/doe/sas/ftce/ftcecomp.htm
Use APA 7.
each work separately.
.
1-What are the pros and cons of parole. Discuss!2-Discuss ways t.docxjasoninnes20
1-What are the pros and cons of parole. Discuss!
2-Discuss ways to improve parole so that offenders have a better chance of being successful in the community
3-What are the barriers that parolees face when they return to the community that contribute to them failing. Give a relative example!
Submit in 3 paragraphs
.
1-page (max) proposal including a Title, Executive Summary, Outline,.docxjasoninnes20
1-page (max) proposal including a Title, Executive Summary, Outline, Team members, Task Assignment and Duration (who is doing what part). Include your anticipated dataset(s) and techniques/software. Please provide a list of the main references you want to use for your project in any appropriate format, e.g. Vancouver or APA style.
proposal is due by october 7th 2020 at 12pm est
project by 25th october
instructions for project are in the folder
.
1-Identify the benefits of sharing your action research with oth.docxjasoninnes20
1-Identify the benefits of sharing your action research with others.
-How does sharing your action research assist you in achieving your goal to improve the lives of your students?
2-Describe the criteria used to judge action research.
-What determines if your action research study gets published?
3-Identify one Web site resource (ERIC)and describe how it assisted you in designing, implementing, evaluating, writing and/or sharing your action research. Choose any one of the Web site sources listed in chapter 10(last page of attachment)
4-Why does Mills suggest in the last chapter of his book that this is really the beginning of your work?( start page 291)
Source:
Mills, G. E. (2000). Action research: A guide for the teacher researcher. Prentice-Hall, Inc., One Lake Street, Upper Saddle River, New Jersey 07458.
.
1-page APA 7 the edition No referenceDescription of Personal a.docxjasoninnes20
1-page APA 7 the edition / No reference
Description of Personal and Professional Goals My personal goal within the health care field is to become a successful and exceptional
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1-page APA 7 the edition / No reference
Reflection of the program Discussions about the program has helped my growth as a capable nurse. And talk about how good the program.
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1-Pretend that you are a new teacher. You see that one of your st.docxjasoninnes20
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1- What is the difference between a multi-valued attribute and a composite attribute? Give examples.
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Some Tiny College staff employees are information technology (IT) personnel. Some IT personnel provide technology support for academic programs, some provide technology infrastructure support, and some provide support for both. IT personnel are not professors; they are required to take periodic training to retain their technical expertise. Tiny College tracks all IT personnel training by date, type, and results (completed vs. not completed).
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1- What is a Relational Algebra What are the operators. Explain.docxjasoninnes20
1- What is a Relational Algebra? What are the operators. Explain each.
2- What is the
INNER JOIN
operation between the following two relations (data sets or tables of data).
Hint: Use OWNER_ID column as common column between the two tables and list all columns of the two tables that have common OWNER_ID.
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How does this diversity help your team achieve its goals?
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http://firn.edu/doe/sas/ftce/ftcecomp.htm
Use APA 7.
each work separately.
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proposal is due by october 7th 2020 at 12pm est
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2-Describe the criteria used to judge action research.
-What determines if your action research study gets published?
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Watch the movie
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Don Quixote
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The value of friendship
Humility and nobility
Importance of time
Importance of reading
Importance of optimism
The role of imagination and vision
Justifying commitment
Sense of self and disciple
Building leadership
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PSY 7710
4 days ago
Karissa Milano
unit 9 discussion scenario 3
COLLAPSE
ABA Procedure: A DRO (differential reinforcement of other behavior) to address SIB exhibited by a toddler in a home setting.
Special Methods: Any appropriate behaviors other than SIB will be reinforced through a specific amount of time (every five minutes). Reinforcement is only given when the individual does not engage in SIB behaviors.
Risks
Notes
1 Implementing the plan at home can be difficult.
1 The family might be concerned with their safety and the safety of the child. There should be a protocol before implementing this intervention.
2 Family members and client could be at risk for danger.
2 The parents might be concerned for the safety of themselves and their child.
3 Possible increase in SIB
3 SIB behaviors might increase before it decreases due to an extinction burst. The behavior analyst should have a protocol before implementing this intervention.
4 SIB behaviors could remain the same.
4 If there is no change in the clients SIB behaviors then a preference test should be conducted to determine motivating reinfoncers.
Benefits
Notes
1 Generalization
1 The client will learn to use this skill at home as well as be able generalize this skill into other settings.
2 Improved learning environment
2 SIB behaviors will decrease and appropriate behavior will be taught. SIB will no longer impact the client and family in the future.
3 Increase in appropriate behaviors
3 Appropriate behaviors will be taught and replace the SIB behavior.
4 Least intrusive intervention
4 Using reinforcement to decrease the problem behavior and increase appropriate behaviors. This is a least restrictive method of treatment.
5 Parent training and involvement
5 Parents will feel confident about implementing this evidence based treatment at home. This will can lead to an increase a buy in from the family and they will feel comfortable implementing other interventions in the future.
Summary: DRO is an intervention that is used when the client does not engage in the problem behavior (SIB) (Bailey & Burch, 2016). Reinforcement should only be given to the individual after a certain amount of time that the client is not engaging in the problem behavior; in this case it should be after five minutes of the client not engaging in SIB. The person who is implementing this treatment should not reinforce the problem behavior. The benefits of implementing DRO outweigh the risks of implementing DRO. DRO is a good intervention to use when decreasing SIB behavior. Although there are some risks, the individual who is implementing DRO should have the knowledge, training and experience and be confident when implementing DRO ( Bailey & Burch, 2016).
Reference
Bailey, J. S., & Burch, M. R. (2016).
Ethics for behavior analysts
(3rd ed.). New York, NY: Routledge.
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واخيراً هذهِ الملزمة حلالٌ عليكم وإتمنى منكم إن تدعولي بالخير والصحة والعافية فقط
كل التوفيق زملائي وزميلاتي ، زميلكم محمد الذهبي 💊💊
🔥🔥🔥🔥🔥🔥🔥🔥🔥
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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?
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
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