Exam 9: Contract Clauses and Their Administration

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The difference between restricted managerial control in unionized workplaces and complete unilateral control in nonunion workplaces, is known as the _______________________________.

(Short Answer)
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Nearly every U.S. union contract contains a righttosue clause in which employees are entitled to file a legal challenge to managerial actions that they feel violate their rights under the contract.

(True/False)
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When making a determination as to whether an employee was justly or unjustly terminated, an arbitrator will generally apply a set of rules known as "the seven tests of just cause."

(True/False)
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After having signed a contract with a binding arbitration clause in it, an employer is legally bound to accept an arbitrator's decision on a particular issue even if they disagree with that decision.

(True/False)
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Most grievances are settled:

(Multiple Choice)
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Union contracts tend to clearly assign job responsibilities to various jobs so as to prevent all of the following except:

(Multiple Choice)
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The arbitration process strongly resembles court proceedings in that it utilizes similar rules of evidence, burden of proof, etc. However, unlike a judge, the arbitrator also has the ability to work outside these rules when necessary. As such, arbitration can be called a _______________________________ process.

(Short Answer)
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The typical collective bargaining agreement covers a(n) _________________ period.

(Multiple Choice)
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Under the _______________________________ doctrine, employers are generally free to establish whatever terms and conditions of employment they desire and to discharge workers at any time.

(Short Answer)
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What are the advantages and disadvantages to a unilateral grievance resolution method?

(Essay)
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When parties have a dispute over how to interpret a union contract and that dispute cannot be resolved internally, they may engage in _______________________________ which involves a hearing before a third-party neutral, who issues a decision that is binding on the parties.

(Short Answer)
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Superseniority is a term that is used to describe seniority rights given to supervisors.

(True/False)
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Traditional grievance procedures are criticized for encouraging or allowing employees to become overly involved in workplace decision-making.

(True/False)
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In 1975, the Supreme Court ruled that employees who believe that discipline will result from a meeting with management may insist that a union representative be present. These rights are known as _______________________________ rights.

(Short Answer)
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The last step in the grievance process for nearly all union contracts in both the public and private sector is usually:

(Multiple Choice)
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Interpreting, applying and resolving conflicts that arise under a union contract is called:

(Multiple Choice)
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What percentage of union contracts specify that employees can only be disciplined or discharged for just cause?

(Multiple Choice)
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The research on the grievance process indicates that:

(Multiple Choice)
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The cost of arbitration is usually:

(Multiple Choice)
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The traditional approach to dispute resolution in nonunionized settings has been a modified grievance procedure ending in arbitration by a peer review panel.

(True/False)
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