Exam 9: Contract Clauses and Their Administration

Nearly every U.S. union contract contains a just cause clause protecting workers from arbitrary dismissal or discipline.

Describe the seven tests of just cause. How do these tests protect the rights of employees?

A typical union contract will specify all of the following except:

Employees benefit from _______________________________, which is the right to have a hearing, be assisted by an advocate if desired, and present evidence in their defense.

An increasing number of employers are requiring employees to sign _______________________________ agreements as a condition of employment. Employees waive their rights to bring an employment lawsuit against an employer and agree instead to resolve disputes using final and binding arbitration.

In arbitration an employee will be found guilty only if the employer can demonstrate ___________________ proof of guilt.

When interpreting contract language, an arbitrator will look to _______________________________ to determine how prior incidents of the same or similar issues were handled by the employer and union.

Labor laws require that unions fulfill a _______________________________ which means that they cannot discriminate against employees, members and nonmembers, and must fairly represent all employees in the bargaining unit.

In 1960 the Supreme Court issued a set if decisions known as the ____________________________ which established the legal authority of arbitrator's to make final and binding decisions and the obligation of parties to abide by those decisions.

In a nonunion setting, a formal dispute procedure is likely to include all of the following except:

Nonunion grievance procedures such as an open door policy or peer review panel typically lack _______________________________ protections.

Arbitration hearings are essentially court hearings where the traditional rules of evidence are strictly followed.

Given the current criticisms against detailed, legalistic employment contracts between union members and their employers, how did these contracts develop and why have they persisted for so many years? Begin your response by describing the features of a typical union contract.

The _______________________________ clause in a contract explicitly states the employer's intention to honor their employees' decision to elect a union as their exclusive bargaining agent and representative.

A meeting between higher level management and union officials usually occurs at step __________________ of a union grievance procedure.

Once a union contract is in place, ____________________ are disagreements over whether someone has been treated appropriately given the contract provisions in place.

One solution to overly legalistic, long contracts negotiated under traditional union-management labor relations is to:

The rate at which employees file grievances against their employer is almost completely a function of how strong the union is.

Employers in the U.S. are generally required by contract to give union workers a valid, job-related reason for dismissal, just like they must for nonunion workers.

What are the union's obligations under a typical union contract?