1. In Lochner v. New York (1905), the Supreme Court held that a New York state statute governing the hours of bakery wor

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1. In Lochner v. New York (1905), the Supreme Court held that a
New York state statute governing the hours of bakery workers was
unconstitutional. In what way, according to the Court, did the
statute violate the Constitution? 2. In the nineteenth century (the
1800s), injunctions began to replace criminal conspiracy charges as
employers preferred legal weapons against union strike activity. In
what ways were injunctions a more effective weapon? 3. Identify at
least two ways in which the 1947 Taft-Hartley Act amendments
changed the original 1935 Wagner Act? 4. In 1935, those who
supported the National Labor Relations Act made certain arguments
for why Congress should pass the statute. What were these
arguments? 5. Is it an unfair labor practice for an employer to
prohibit employees from using the employer’s email system during
non-work hours to communicate about union matters? Explain the
NLRB's rationale for its position on this issue. 6. If an employee
caught stealing on the job requests a shop steward in her
disciplinary interview with management, and management, in
violation of her rights under the NLRA, denies her request and then
fires her for the theft, is the employee entitled to reinstatement
and back pay as a remedy under the NLRA? Explain why or why not? 7.
Often, after a union files a petition with the NLRB designating the
bargaining unit it seeks to represent, the employer will argue that
the bargaining unit should be expanded to include additional job
classifications or additional locations. What is the employer’s
reason for doing this? If the union’s goal is to maximize its
chances of winning the election, why might the union be willing to
agree to the expanded bargaining unit chosen by the employer? 8.
Will the NLRB overturn the results of an election because the
employer told lies to the employees about the union? Explain the
rationale behind the NLRB’s position on this issue. 9. Give one
example of a mandatory subject of bargaining and one example of a
permissive subject of bargaining. If a subject of bargaining is
permissive, is the employer permitted to insist on it in bargaining
until the parties reach an impasse? 10. If a union seeks a wage
increase in collective bargaining, the employer bargains in bad
faith, and the negotiations conclude without the employees getting
the wage increase, what is the remedy for the employer’s failure to
bargain in good faith? What is the NLRB’s rationale for its
position on this issue?
Nb. Labor Law question.