Exam 12: The Arbitration Process

Often it is believed that in the absence of restrictive or specific contract provisions, management retains ______________.

The arbitrator must follow the contract language if it is clear as to intent.

Probably the most severe limitation of managerial discretion is the negotiated requirement of seniority recognition.

In the year 2005, there were _____ arbitration issues.

The power to determine whether arbitration is proper, the breadth of contractual issues, and whether any other issues limit the ability of an arbitrator to resolve a dispute may be called:

In accessing the credibility of a witness, the arbitrators must be aware of the following:

One qualification of an arbitrator is:

Which of the following penalties should be given to an employee with a good six-year work history who did not show up or call in two consecutive working days? The labor agreement provides for four levels of penalties: written warning, written warning and loss of seniority, one-week suspension without pay, and termination.

The Supreme Court in the Warrior v. Gulf case declared that if any doubt as to the arbitrability of an issue exists, the courts should hear the case.

Rights arbitration occurs over the formation of a collective bargaining agreement or efforts to secure one.

In general, the question of whether the union and management have agreed to arbitration is decided by , while the question of whether a particular grievance is arbitrable is decided by .

Which of the following is not part of the American Arbitration Association (AAA) arbitration selection process?

The ________ is the arbitrator's decision in the grievance case.

The company normally has the right to eliminate a job it no longer considers necessary; the union, however, may rightfully object if the duties are transferred to other workers.

If necessary, arbitrators' decisions may be enforced through the court process.

In the _______, the Supreme Court declared that congressional policy in favor of settlement of disputes through arbitration restricts the judicial process and strictly confines it to questions of whether the reluctant party agreed to arbitrate the grievance in the collective bargaining contract.

Which step in the American Arbitration Association Hearing Procedures is out of order?

A "management rights" issue that may go to arbitration could include work procedures.

The most common employee discipline disagreement which goes to arbitration involves:

The Federal Arbitration Act governs commercial arbitration situations such as business-business, employer-employer, and buyer-seller.