1.

In addition to striking, unions often picket or boycott to publicize their concerns and pressure employers during the negotiating process. Picketing is the familiar process of union members gathering and sometimes marching, placards in hand, at a place of business. Peaceful, informational picketing for lawful purpose is protected by the NLRA (National Labor Relations Act). Some kinds of picketing, however, are forbidden, and all picketing can be regulated by the government to ensure public safety. Primary picketing is expressed directly to the employer with whom the picketers have a dispute. Primary picketing enjoys broad constitutional and statutory protection, but it may be unlawful if violent or coercive. Secondary Picketing is directed to a business other than the primary, and ordinary it is unlawful. That is, unions are engaging in an unfair labor practice if they threaten or coerce a third party with whom they are not engaged in a dispute in order to cause that third party to put pressure on the firm that is real target of the unions concern. 2. The Taft Hartley act is a United States federal law that restricts the activities and power of labor unions. The act, still effective, was sponsored by the Senator Robert Taft and Representative Fred A Hartley, Jr and became law by overcoming US President Harry S Trumans veto on JUNE 23, 1947. Congress enacted the Taft-Harley Act, identifying as unfair labor practices certain activities unions used to exercise economic leverage over employers right to speak out in opposition to union organizing-in affect, protecting their First Amendment right to freedom of speech. Thus, the Taft-Hartley Act signaled a move by the government away from unconditional support for labor toward a balance of right between labor and management. Taft-Hartley Actwhich is also called the LaborManagement Relations Act, was passed to establish remedies for unfair labor practices committed by unions/ It included amendments to the National Labor Relations Act, also known as the Wagner Act which were crafted to counteract the advantage that LABOR UNIONs had gained under the original legislation by imposing corresponding duties on unions. Prior to the amendments, the National Labor Relations Act had proscribed unfair labor practices committed by management. 3. Discrimination against members of a dominant or majority group, especially when resulting from policies established to correct discrimination against members of a minority or disadvantaged group.

4. The 1970 Occupational Safety and health act imposes a general duty on most employers to provide a workplace free of recognized hazards causing or likely to cause death or serious physical harm to employees. Employers have an absolute duty to remove any serious and preventable workplace hazards that are generally recognized in the industry and are known to the employer or should be known to the employer. That general duty is then supplemented with numerous specific standards. 5. Discussion questions 2, 5, 7, 9 2) Collective bargaining allows workers and employers to reach voluntary agreement on a wide range of topics. Even so, it is limited to some extent by federal and state laws. A collective bargaining agreement cannot accomplish by contract what the law prohibits. A) For example, a union and an employer cannot use collective bargaining to deprive employees of rights they would otherwise enjoy under laws such as the Civil Rights statutes (Alexander v. Gardner-Denver Co., 415 U.S. 36, 94 S. Ct. 1011, 39 L. Ed. 2d 147 [1974]). B) Collective bargaining also cannot be used to waive rights or obligations that laws impose on either party. For example, an employer may not use collective bargaining to reduce the level of safety standards it must follow under the OCCUPATIONAL SAFETY AND HEALTH ACT (29 U.S.C.A. 651 et seq.). C) collective bargaining agreement is not purely voluntary. One party's failure to reach agreement entitles the other to resort to certain legal tactics, such as strikes and lockouts, to apply economic pressure and force agreement. D) unlike commercial contracts governed by state law, the collective bargaining agreement is governed almost exclusively by federal Labor Law, which determines the issues that require collective bargaining, the timing and method of bargaining, and the consequences of a failure to bargain properly or to adhere to a collective bargaining agreement. 5) Under the Direct method, a plaintiff tries to show that his membership in the

protected class was a motivating factor in the adverse job action. A) He may offer direct evidence, e.g. that the defendant admitted that it was motivated by discriminatory intent or that it acted pursuant to a policy that is discriminatory on its face. Direct evidence of discrimination is rarely available, given that most employers do not openly admit that they discriminate. Facially discriminatory policies are only permissible if gender, national origin, or religion is a bona fide occupational qualification

for the position in question. Race or color may never be a bona fide occupational qualification. B) He may offer any of three types of circumstantial evidence:

"suspicious timing, ambiguous statements oral or written, behavior toward or comments directed at other employees in the protected group, and other bits and pieces from which an inference of discriminatory intent might be drawn."

evidence that other, similarly-situated employees not in the protected class received systematically better treatment.

evidence that the plaintiff was qualified for the job, a person not in the protected class got the job, and the employer's stated reason for its decision is unworthy of belief. Id. This type of circumstantial evidence is substantially the same as the evidence required by the McDonnell Douglas method described below.

Under the indirect method Burden Shifting In the majority of cases, the plaintiff lacks direct evidence of discrimination and must prove discriminatory intent indirectly by inference. The Supreme Court analyzes these cases using the McDonnell Douglas burden-shifting formula. The analysis is as follows: (1) The plaintiff must establish a prima facie case of discrimination. (2) The employer must then articulate, through admissible evidence, a legitimate, nondiscriminatory reason for its actions. (3) To prevail, the plaintiff must prove that the employer's stated reason is a pretext to hide discrimination.

7)

Often in intentional sex discrimination cases, the key inquiry involves the bona

field occupational qualification (BFOQ) defense provided by Title VII. Discrimination is lawful where sex, religion, or national origin is a BFOQ reasonably necessary to the normal operation of that business. The exclusive of race and color from the lost suggests Congress thought those categories always unacceptable as BFOQ. The BFOQ was meant to be a very limited exception applicable to situations where specific inherent

characteristics are necessary to the job or where authenticity, privacy, safety is required. BFOQ is quality or an attribute that employers are allowed to consider when making decisions on the hiring and retention of employeesqualities that when considered in other contexts would constitute discrimination and thus in violation of civil rights employment law. Such qualifications must be listed in the employment offering. 9) OSHA inspection

OSHA conducts inspections without advance notice. Employers have the right to require compliance officers to obtain an inspection warrant before entering the worksite. Inspection Priorities The agency seeks to focus its inspection resources on the most hazardous workplaces in the following order of priority:

1. Imminent danger situationshazards that could cause death or serious physical

harm receive top priority. Compliance officers will ask employers to correct these hazards immediately or remove endangered employees.

2. Fatalities and catastrophesincidents that involve a death or the hospitalization

of three or more employeescome next. Employers must report such catastrophes to OSHA within 8 hours.

3. Complaintsallegations of hazards or violations also receive a high priority.

Employees may request anonymity when they file complaints.

4. Referrals of hazard information from other federal, state or local agencies,

individuals, organizations or the media receive consideration for inspection.

5. Follow-upschecks for abatement of violations cited during previous inspections

are also conducted by the agency in certain circumstances.

6. Planned or programmed investigations inspections aimed at specific highhazard industries or individual workplaces that have experienced high rates of injuries and illnesses also receive priority. Phone/Fax Investigations OSHA carefully prioritizes all complaints it receives based on their severity. For lowerpriority hazards, with permission of a complainant, OSHA may telephone the employer to describe safety and health concerns, following up with a fax providing details on

alleged safety and health hazards. The employer must respond in writing within five working days, identifying any problems found and noting corrective actions taken or planned. If the response is adequate and the complainant satisfied with the response, OSHA generally will not conduct an on-site inspection. Onsite Inspections

PreparationBefore conducting an inspection, OSHA compliance officers research the

inspection history of a worksite using various data sources, review the operations and processes in use and the standards most likely to apply. They gather appropriate personal protective equipment and testing instruments to measure potential hazards.

Presentation of credentialsThe onsite inspection begins with the presentation of

the compliance officers credentials, which include both a photograph and a serial number.

Opening ConferenceThe compliance officer will explain why OSHA selected the
workplace for inspection and describe the scope of the inspection, walkaround procedures, employee representation and employee interviews. The employer then selects a representative to accompany the compliance officer during the inspection. An authorized representative of the employees, if any, also has the right to go along. In any case, the compliance officer will consult privately with a reasonable number of employees during the inspection.

WalkaroundFollowing the opening conference, the compliance officer and the

representatives will walk through the portions of the workplace covered by the inspection, inspecting for hazards that could lead to employee injury or illness. The compliance officer will also review worksite injury and illness records and posting of the official OSHA poster. During the walkaround, compliance officers may point out some apparent violations that can be corrected immediately. While the law requires that these hazards must still be cited, prompt correction is a sign of good faith on the part of the employer. Compliance officers try to minimize work interruptions during the inspection and will keep confidential any trade secrets they observe.

Closing ConferenceAfter the walkaround, the compliance officer holds a closing

conference with the employer and the employee representatives to discuss the findings. The compliance officer discusses possible courses of action an employer may take

following an inspection, which could include an informal conference with OSHA or contesting citations and proposed penalties. The compliance officer also discusses consultation and employee rights. 6. Case Problems ff1162-1165 No 2, 4, 6, 8 2) Board is not tested for determining if the nurses are supervisors rational and consistent with the statutory definition of supervisors under the LMRA because it is difficult to estimate how many employees may be affected. Similarly, it is difficult to estimate how many employees may be affected by the RESPECT act, if it were enacted. For example, a persons occupation or job title may not be sufficient to determine whether an employee should be classified as a supervisor. Equally important, surveys usually do not ask respondents how much time they spend on different tasksinformation that would be needed to determine the percentage of time that an employee spends on supervisory activities. 4) Even plaintiff alleging sexual harassment need not demonstrate any concrete psychological harm, the challenged conduct must be sufficient to create an objectively hostile or abusive working environmental, which the environment that a reasonable would find hostile or abusive. Harris was not suffered serious psychological injury and therefore her conduct did not create a hostile work environment. 6) Based on this, defendant must provide strong evidence or medical report on her psychological status. Albertsons job qualification was not of its own devising, but was the visual acuity standard of the Federal Motor Carrier Safety Regulations, and is binding on Albertsons. The validity of these regulations is unchallenged, they have the force of law, and they contain no qualifying language about individualized determinations. Were it not for the waiver program, there would be no basis for questioning Albertsons decision, and right, to follow the regulations 8) No, in a unanimous decision, SSDI and ADA claims do not conflict in such a way When determining SSDI as to automatically bar anyone from raising them jointly.

eligibility, the significant ADA question of whether someone would have been capable of performing their job if reasonable accommodations had been made by their employer is not considered. Pursuit and receipt of SSDI benefits does not automatically estop a recipient from pursuing an ADA claim or erect a strong presumption against the recipients ADA success. However, to survive a summary judgement motion, an ADA

plaintiff cannot ignore her SSDI contention that she was too disabled to work, but must explain why that contention is consistent with her ADA claim that she can perform the essential functions of her job, at least with reasonable accommodation. No. An individual condition might have changed over time, so that a statement about capabilities of a person, Cleveland in this case made at the time of her application for SSDI benefits does not reflect her capabilities at the time of the relevant employment decision. SSDI benefits to bring an ADA suit only in some limited and highly unusual set of circumstances such as reasonable accommodation.