Legal Environment Final

gcannon007's version from 2016-05-02 21:03

Section 1

Question Answer
Norris-LaGuardia Act provisionsProhibits federal injunction in peaceful labor disputes. Exempted labor unions from anti-trust laws
Wagner Act provisionsRequires private sector employers to bargain with recognized unions. (Conducts union organizing elections and Hears and decides unfair labor practice cases) Defined unfair labor practices (UFLP) by management
Taft-Harley Act provisionsDefines UFLPs by Unions. gave workers some voice. outlawed closed shops
landrum-griffin act provisionsDeals with internal union corruption. Created a union member’s “bill of rights”
percentage needed to sign authorization card30%, conducted by National Labor Relations Board
exclusive bargaining agentlabor organization that has been designated by the Labor relations board as the representative of a majority of public employees in an appropriate bargaining unit.
legal restrictions on solicitation May solicit during “non-working time” on company property (before/after work, lunch hours, breaks etc)
mandatory topics of collective bargainingwages, hours, terms or conditions of employment (must bargain)
permissive topics on collective bargainingputting the union label on the product (may bargain)
illegal topics of collective bargaining closed shop hot cargo agreements (requiring employer to only use unionized transportation) CANT BARGAIN
when does the duty to bargain existEmployer and union must bargain in good faith on mandatory topics
bargaining in good faithWillingness to meet at reasonable times and places, Provide information supporting a position, and Willingness to make concessions
legal strikesEconomic strike: done to pressure employer to make concessions OR UFLP strike: done to protest an UFLP by the employer
illegal strikesViolent strikes, Wildcat strikes,and Sitdown strikes
rules for replacement workersEmployer can hire replacement workers during the strike. Strikers cannot be fired (economic: replace. can be hired permanently UFLP: replace. must be fired)
unfair labor practices by managementinterfering with employee to form or assist in bargaining, domination of labor union, discrimination in hiring, filing grievances, failure to bargain in good faith, entering "hot cargo" agreement with union
unfair labor practices by unionscoercing employees to join union, making employer to discriminate against nonunion, not in good faith, charging excessive initiation fee, "featherbedding", engaging in illegal strikes
off-site picketing rules picketing is only permitted if the protest is clearly directed exclusively at the primary employer.

Section 2

Question Answer
FDA regulatesFood, Drugs (medicines), Medical devices, and Cosmetics
Kefauver amendment Seller of drug must show: Safety, Efficacy (it does what it purports to do), and Proper instructions for use
Consumer Product Safety Commission dutiesPromulgates safety standards, Conducts research on safety issues, Keeps records of complaints, may force a recall (dont reg. cars, guns, aircraft, tobacco or firearms)
product liabilityImposes strict liability on sellers who: Sell a product in a defective condition, Which is unreasonably dangerous, and Injures the user
defectProduct does not perform as intended, would have been designed safer, is improperly labeled or packaged
defenses for strict liabilityImproper use, Alteration of the product, Assumption of risk, and Statute of repose
Federal Trade Commission regulates “unfair and deceptive acts or practices…affecting commerce.”
different types of warrantiesExpress War- written, describe the good, pictures, and samples Implied War- merchantibility, fitness for particular purpose
full warrantyMust replace after a reasonable repair attempts, Cannot disclaim implied warranties, Must disclose any limit on consequential damages
Truth in Lending Act provisionsMust disclose finance charge, Must disclose annual percentage rate, and Gives consumers a 3-day cooling off period on debt secured by their home
discrimination prohibited by Equal Credit Opp ActRace, color, National origin, Religion, Sex, Marital status, Age, Receipt of public assistance
redlining Refusing to lend at all within a certain geographical area
questions lendors cannot ask Marital status (unless a joint application), Child-bearing plans, Spousal income (unless a joint application)
sources of income consideredall sources of income including: Alimony, Child support, Public assistance, workers compensation
Fair credit Reporting provisionsCredit reports can only be released to 3rd parties for: Credit, Insurance, Employment purposes, and Government purposes
Fair credit bill provisionsDeals with errors on credit billing
if credit information is falseAgency must recheck information and correct
limitations on collection agenciesHarassment/abuse/ intimidation by collection agencies and Prohibits misrepresentations by collection agencies
CARD act provisionscard rate increases can only apply to new transactions, No universal default, Payments cannot be due earlier than 21 days after bill is mailed

Section 3

Question Answer
federal agencies required under NEPAto assess every federal project for its environmental impact
Clean air act provisionsEPA establishes national ambient air quality standards for pollutants (Primary- human health Secondary-climate, animals, and plants)
clean water act provisionsSources of water pollution
point sourcesSource of pollution for lakes, rivers, streams (Ditches, pipes, canals etc.)
nonpoint sourcesSource of groundwater pollution (Runoff from industrial, construction and agricultural activities)
wetland rulesA permit must be obtained from the Army Corp of Engineers to drain or fill a wetland area.
Toxic substance control act provisionsEPA is authorized to assemble list of toxic chemicals, must notify EPA if using new chemical, safety testing, can limit or prohibit sale of chemical
Resource conservation and recovery act provisionsPersons disposing of hazardous waste and underground storage facilities must be licensed by the EPA
manifesttracks the waste
comprehensive environmental response, compensation, and liability (SUPERFUND) act provisionsApplies to abandoned hazardous waste dumps. Clean-up funded in part by a surtax on the oil and gas and chemical industries
Cercla liabilityPolluter, Transporter, Current owner, Owner at time of illegal disposal, Lenders with mortgages on the property
Endangered species act provisionsCommercial development, Sale or transport, Hunting or capturing the species is prohibited EPA may develop a “habitat conservation plan”
Safe drinking water act established to protect the quality of drinking water in the U.S.
oil pollution actMakes oil companies strictly liable for clean-up of oil spills
regulation on climate changeunregulated in the US (caused by green house gas)
Kyoto ProtocalAgreement proposed by the United Nation’s Convention on Climate Change
cap and tradeAllowable levels of emissions are determined for a polluting source.