In Teamsters Local Union No. 523 v. National Labor Relations Board, where a sales representative complained of unfair labor practices after he was demoted by the union when his employer consolidated its distribution so that the union would represent all distribution workers, rather than only some, the U.S. Court of Appeals held that:
a. the employee was behind in his agency fee payments, so he had no claim to keeping his position
b. the employee should have to join the union or pay agency fees if he wanted to keep his seniority position c. the union and employer were discriminating against the employee, but not in a way that encouraged unionparticipation
d. the union and employer were not discriminating against the employee in a way that encouraged union participation
e. none of the other choices are correct
Question 2
Jayme's Best produced a new line of pasta sauce (Herbal Health), intending for it to have extra nutritional benefits. Using the freshest ingredients, Jayme's added special herbs to the tomato paste and spices, as the herbs are believed by some Tibetan monks to have the power to prevent cancer. Jayme's marketed the sauce in grocery stores and health food stores. Jayme's advertisements said that Herbal Health may help prevent cancer and taste a lot better than the competition. Based on these facts, answer the following questions. If the advertising for the supposed health benefits of Jayme's sauce is believed by the Federal Trade Commission not to be truthful, the FTC may:
a. not oppose the advertising if the product has been approved by the FDA. b. warn the public that the advertising may not be truthful, but do no more.
c. order Jayme's to provide evidence to back up the health claims, but no more. d. sue to block more deceptive advertisements, but no more.
e. sue to block deceptive advertisements and seek a court order for Jayme's to pay for corrective ads.