Question

1. The Sherman Act is a landmark federal statute:

A: That refuses to enforce the "yellow-dog", anti-union employment contract.

B: Fixing wage, hour and working conditions for most federal supply contracts in excess of $10,000.

C: On competition law passed by Congress in 1890. It prohibits certain business activities that reduce competition in the marketplace, and requires the United States federal government to investigate and pursue trusts, companies, and organizations suspected of being in violation.

D: Prohibiting featherbedding of the stand-by or make work types in the radio industry.

2. In Lyng v. International Union, United Automobile Workers, the Supreme Court upheld provisions contained in the federal Food Stamp Act that bar strikers and their families from participating in the food stamp program. It found this provision permissible for all of the following reasons except:

A: It contains an exception for strikes caused by the failure or refusal of an employer to conform to the provisions of an agreement or contract between employer and employee, or a law pertaining to hours, wages or other conditions of work.

B: It cuts federal expenditures.

C: It limits the use of limited food-stamp funds for those most in need.

D: It avoids providing "one-sided support" in labor strikes.

3. A "double-breasted" company:

A: May or may not constitute a single bargaining unit using the usual "community of interest" test.

B: Is one which is regulated by the Interstate Commerce Commission in as much it regulates the hours of service of interstate passenger and freight motor vehicle operators.

C: Is one which has a clear separation between a disestablished company-dominated union its "successor" which is required by the National Labor Relations Board.

D: Is one in which there is an indicia of interrelated operations, common management, common ownership, and centralized control of labor relations.

4. Garmon preemption is a labor law doctrine. This doctrine forbids or prohibits state and local regulation of activities that are actually or arguably protected by the:

A: Supremacy Clause in the second paragraph of Article VI of the Constitution.

B: Labor-Management Reporting and Disclosure Act of 1959.

C: Secondary boycott provisions contained in Section 303 of the Act.

D: National Labor Relations Act’s rules relating to the right of employees to organize and bargain collectively; or prohibited by provisions of the National Labor relations Act that govern unfair labor practices.

Answer 1

1. The Sherman Act is a landmark federal statute:

C: On competition law passed by Congress in 1890. It prohibits certain business activities that reduce competition in the marketplace, and requires the United States federal government to investigate and pursue trusts, companies, and organizations suspected of being in violation. (Answer)

Reason: The Sherman Act, 29 adopted in 1890, was the first major United States antitrust statute and was very broad in scope. The purpose of the Act was to halt the concentration of business in large trusts, which reduced competition.

2. In Lyng v. International Union, United Automobile Workers, the Supreme Court upheld provisions contained in the federal Food Stamp Act that bar strikers and their families from participating in the food stamp program. It found this provision permissible for all of the following reasons except:

C: It limits the use of limited food-stamp funds for those most in need. (Answer)

Reasons:

The food-stamps funds were still being given to the household people but it would not have been increased in case the isolated person is staying separately just to show an increased family, so it did not limit the use of limited food-stamp funds for those most in need.

Not option A because, it contained the exception.

Not option B because, it did cut federal expenditures by providing no extra food stamps.

Not option D because, it did not violate the equal protection component of the Due Process Clause of the Fifth Amendment, since it is rationally related to the legitimate governmental objective of avoiding undue favoritism in private labor disputes. Although the statute does work at least some discrimination against strikers and their households, this Court must defer to Congress' view that the disbursement of food stamps to such persons damages the program's public integrity, and thus endangers its legitimate goals.

3. A "double-breasted" company:

C: Is one which has a clear separation between a disestablished company-dominated union its "successor" which is required by the National Labor Relations Board (Answer)

Reasons: Under the single employer test, National Labor Relations Board uses four criteria in determining whether the entities are legitimately separate or whether they are actually a “single employer:” (a) interrelation of operations; (b) centralized control of labor relations; (c) common management; and (d) common ownership of financial control. Hence, a clear separation between a disestablished company-dominated union its "successor" is necessary.

4. Garmon preemption is a labor law doctrine. This doctrine forbids or prohibits state and local regulation of activities that are actually or arguably protected by the:

D: National Labor Relations Act’s rules relating to the right of employees to organize and bargain collectively; or prohibited by provisions of the National Labor relations Act that govern unfair labor practices. (Answer)

Reasons: The Garmon Court stated that the NLRA also preempts states from regulating conduct that is arguably either protected or prohibited by the NLRA.

And the NLRA protects three types of employee conduct: 1) the right to organize or join a labor union; 2) the right to bargain collectively through a representative of the employee's own choosing; and 3) the right to engage in concerted activity such as strikes and picketing.