Exam 12: The Arbitration Process

The arbitration process is more private and therefore unique to the parties, as compared with the public judicial process.

Rights arbitration refers to ________.

Only attorneys and judges are allowed to be arbitrators.

Which of the following is a difference between a grievance arbitration process and a judicial process?

Arbitration hearings are more formal than litigation, and the advocates are required to have legal training.

The decision made by the arbitrator during interest arbitration is not binding on the participants.

Which of the following statements is TRUE of arbitration of grievances under collective bargaining?

Which of the following terms refers to a proof that is not contained within the four edges of the collective bargaining agreement?

Which of the following statements is TRUE of interest arbitration?

The common law of the shop is recognition of the bargaining history of those in the same industry as opposed to the actual parties in a particular case.

The ________ adopted an elaborate form of interest arbitration, known as the Experimental Negotiating Agreement, in the 1970s as a means of avoiding the long and costly strikes that had made the industry vulnerable to foreign competition.

All the employees of the federal government have the right to strike.

A prior arbitration award cannot be considered in subsequent arbitrations, even if it involves the same parties, the same contract, and the same issues.

Which of the following terms refers to the remarks made by an arbitrator that are irrelevant to the case brought to arbitration?

________ arbitration can be far more successful in the public sector than the private sector because of political pressures. Under this type of arbitration, an unbiased third party examines the collective bargaining impasse and issues findings and recommendations.

________ arbitration deals with the allegation that an existing collective agreement has been violated or misinterpreted.

In which of the following cases is a successor employer most likely to inherit the predecessor's contractual duty to arbitrate?

Which of the following points should be kept in mind by an arbitrator while assessing credibility of witnesses?

The courts have consistently enforced the principle that a grievance is presumed to be arbitrable as long as the agreement does not exclude the topic under consideration.

Under which of the following circumstances will a disciplinary action taken by management be considered a disciplinary action that is based on a just cause?