Reference no: EM132980838

Answer the following questions for a total of 15 points. You need not restate the question. If you number each of your responses, I will assume they are numbered to correspond to the questions. Please give the full and proper citation when you first cite a case.

1. Compare and contrast the protections available to employee and nonemployee organizers as discussed by the Court in Lechmere and Republic Aviation.

2. What are the rights of unfair labor practice strikers? The rights of economic strikers? Cite case law to support your answer.

3. Why and when was the Sherman Act passed - who was it meant to be directed toward? How did the Court interpret the Act?

4. How does the NLRB determine whether to order a new election when one of the parties alleges that the other party has engaged in factual misrepresentation? Cite case law to support your answer. What was the dissent's argument?

5. What is concerted activity? Must one be a union member to be protected when engaging in concerted activity? What is the difference between protected and unprotected concerted activity? What does Jefferson Standard Broadcasting tell us about drawing the line between protected and unprotected concerted activity? What are some of the other criteria that might result in a concerted activity being deemed unprotected? Cite case law to support your answer.

6. Are you permitted to tell your employees that you do not want a union? What can you say and what should you avoid? Cite case law to support your answer.

7. How can you tell if a party is bargaining in good faith? Cite case law to support your answer.