Employees desire for union representation
Question: Should card-check procedures be allowed to determine employees' desire for union representation or only formal representation elections? What result does it favor? What is the main objection to its use? How can that objection be moderated?
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"Not all agreements are contracts. All contracts are agreements which bind parties to their promises." Explain how the legal system (with a focus on the judiciary) can play a role in this context, within the business world.
What if the employee volunteers (suggests) the use of a polygraph test to prove his/her innocence in order to save him/herself from discipline?
Davis Hosiery Mills has each new employee sign an acknowledging receipt of the company's handbook. In small print, it states the employment relationship as "at-will". An employee sues for wrongful termination.
What is the NLRB? What is its relationship to the NLRA? Lastly, what are the elements that an employee must meet to prove discrimination under the NLRA, and what must an employer show to defend against such a claim?
Should card-check procedures be allowed to determine employees' desire for union representation or only formal representation elections? What result does it favor? What is the main objection to its use?
Imagine a simulated scenario in which you will make a presentation to your HR Department in preparation for a move by the employees to introduce collective bargaining into your company.
From an ethical perspective, is it fair for a holder in due course to protect himself from personal defenses such as failure of consideration or fraud in the inducement? Why?
Since the anti-cutback provisions of ERISA apply only to pensions and not welfare plans, what did changing the conditions under which retiree health care benefits were available run afoul of the anti-cutback rule?
These cases were litigated all the way to the Supreme Court. What, if any, practical impact might these ruling have on businesses? Why do you think that these issues were litigated all the way to the Supreme Court?
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