Question

1. Following the Supreme Court’s _____ decision, Congress amended the Bankruptcy Code to deal with the rejection of a collective agreement. a. NLRB v. Bildisco & Bildisco b. Road & Rail Services, Inc. c. NLRB v. Winco Petroleum d. Traf ord Dist. Center v. NLRB

2. In Eastern Associated Coal Corporation v. United Mine Workers of America, District 17, James Smith worked for Eastern as a member of a road crew, a job that required him to drive heavy trucks on public highways. In March 1996, Smith tested positive for marijuana. Eastern sought to discharge Smith. In July 1997, he again tested positive for marijuana. Eastern again sought to discharge Smith. The District Court, while recognizing a strong regulation-based public policy against drug use by workers who perform safety-sensitive functions, held that Smith’s:

a.conditional reinstatement did not violate public policy.

b. conditional reinstatement violated the public policy.

c. use of marijuana amounted to substantial continuity of identity in the business enterprise

Answer 1

According to the policy, I have answered one question. Kindly, repost the another question.

1.

Answer:- (a) NLRB v. Bildisco & Bildisco

Under NLRB v. Bildisco & Bildisco, the Supremes decided that the bankruptcy code might allow the employer to reject collective bargaining agreement only if the court finds that the agreement burden the employer property and the equities preferred rejecting the collective bargaining agreement. Thus, following supreme court NLRB v. Bildisco & Bildisco's decisions, congress amended the bankruptcy code to deal with the rejection of collective bargaining, and these changes are enforced only when under certain conditions.