Posted: February 26th, 2023
1200 words MINIMUM (not including cover/reference pages or questions)
Requirement is at least four scholarly articles, ONE maybe the course textbook BELOW
Cihon, P. J., & Castagnera, J. O. (2020). Employment and labor law (10th ed.). Cengage
1. Does the U.S. Constitution prohibit all employment discrimination based on race? Explain your answer.
2. What were the major provisions of the Wagner Act? What were the effects of this act? What factors led to the passage of the Taft-Hartley Act? What were the effects of this act?
3. Under what conditions are economic strikers ineligible to vote in representation elections? Under what conditions are unfair labor practice strikers ineligible to vote in representation elections?
4. To what extent is an economic strike protected activity? To what extent is an unfair labor practice strike protected activity? What is the practical significance of the difference in the treatment of the different types of strikers under the NLRA?
5. During negotiations for renewing the collective agreement, the union representing the employees at Mercy Hospital presented a proposal that the hospital cafeteria be open for all employees from the hours of 6:30 A.M. to 8:00 P.M. and 2:00 A.M. to 4:00 A.M. The cafeteria had been open for those hours for the past 10 years, but the hospital had considered closing it overnight. The union argued that there were approximately 175 employees working the overnight shift, and many of them used the cafeteria for lunch and breaks. The hospital responded that the cafeteria had been losing money during the 2:00 A.M.–4:00 A.M. operations. The union proposal was made on May 15, 2007; on May 19, without any notice to and discussions with the union, the hospital closed the cafeteria overnight. The hospital installed additional vending machines and provided a toaster and microwave for use by the employees. The union filed an unfair labor practice complaint with the NLRB over the hospital’s closing of the cafeteria overnight. How should the NLRB rule on the complaint? Was the hospital required to bargain with the union over the decision to close the cafeteria overnight? Why?
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