Under the National Labor Relations Act (“NLRA”), does the acquiescence standard of

proof apply to breach of the duty of fair representation (“DFR”) claims against unions

based on discrimination?

Under Section 14(b) of the NLRA, does “State” include political subdivisions, allowing

cities to enact “right-to-work” laws?

Does a collective bargaining agreement (“CBA”) clearly and unmistakably waive a union

member’s statutory right to litigate an employment discrimination claim where the CBA

fails to explicitly compel arbitration of Title VII claims?

Under Title VII, does the “motivating factor” test remain a viable standard of proof for

gender-based employment discrimination claims after Bostock?