MGMT 650 Exam questions and answers
Electromation - ✅✅Employers cannot create action committees in place of the appropriate
bargaining unit that discuss mandatory bargaining subjects; this constitutes an "employer-dominated
labor organization" and violates sections 2(5) and 8(a)(2) of the NLRA.
Darlington - ✅✅The closing of an entire business, even if it is discriminatory, ends the employer-
employee relationship and is not an unfair labor practice; however, a partial closing of a business is an
unfair labor practice if it is aimed at discouraging unionism.
Mackay Doctrine - ✅✅An employer may hire permanent replacements for employees on strike, but
ONLY for economic strikes, not unfair labor practice strikes.
Boys Markets - ✅✅Supreme Court overruled Congress and the Norris-LaGuardia Act by stating if
there's a labor contract with a no-strike provision with the option for arbitration, an employer can
receive an injunction for the strike and force arbitration as a breach of contract.
Epic Systems - ✅✅Supreme Court upheld companies requiring employees to sign arbitration
agreements, where employees waive their rights to take grievance claims to court.
Federal Arbitration Act supersede the NLRA, but there is now an exception to this for sexual harassment
and assault claims.
Vaca v Sipes - ✅✅Supreme Court decision that held that a union is not obligated to take all grievances
to arbitration but has the authority to decide whether or not the grievance has merit.
If such a decision is made "in good faith and in an non-arbitrary manner", the union has not breached its
duty of fair representation for that employee.
If decision is made "arbitrarily, capriciously, and without just or reasonable reason or cause", then the
Union has breached its duty of fair representation.
Montana WDEA - ✅✅Employees in Montana cannot be fired without just cause.
Limits the amount of damages employees can get from a wrongful discharge lawsuit; gives employer
protection by capping the amount of liability and damages.