Bruce Was a Union Representative Working for Ace Manufacturing Co

question 130

Multiple Choice

Bruce was a union representative working for Ace Manufacturing Co. The union and management had just concluded a collective agreement that set out terms under which certain functions of the plant would be computerized. A few months after the agreement was signed, the management started installing the computers, and in the process laid off three people who were no longer required. This in fact was exactly what Bruce had taken great care to prevent by the provisions that were included in the collective agreement. The management was in clear violation of these terms. Bruce called the members of the union out on strike and set up a picket line that effectively shut down the plant. Which of the following is true with regard to the legal position of the parties?

• A) In this type of dispute, the workers can slow down and disrupt production, but they can't walk off the job.
• B) The picket line has the legal right to physically block people from the plant if they are not persuaded to turn back.
• C) The management was in the wrong and would be unsuccessful in getting an injunction to stop the strike and picketing.
• D) The union was right in objecting to the layoffs, but it should have followed the grievance procedures in the collective agreement. Their strike is illegal.
• E) If the workers disagreed with the layoffs, management could lock them out.

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Definitions:

Express Conditions

Specific stipulations or criteria that are clearly stated and must be met for a contract or agreement to be fulfilled.

Implied Conditions

Terms and stipulations that are not expressly stated but are understood to be included within a contract or agreement.

Condition Subsequent

In a contract, a future event that terminates the obligations of the parties when it occurs.

Conditional Contract

A contract that becomes enforceable only upon the occurrence of certain conditions or the performance of a particular act.