Deck 15: Grievance Arbitration

Question 1

Arbitrator selection rates in interest cases are higher for arbitrators who are evaluated highly on attention to procedural justice issues.

Answer 1

True

Question 2

Interest arbitration contemplates the existence of a collective agreement already concluded or,at any rate,a situation in which no effort is made to bring about a formal change in terms or to create a new one.

Answer 2

False

Question 3

The Steelworkers' trilogy protects a union's right to insist on arbitration and to have awards enforced without court review.

Answer 3

True

Question 4

The American Arbitration Association (AAA)employs arbitrators on a full-time basis.

Question 5

Rules of evidence in arbitration are more liberal than those in courts of law.

Question 6

Rights arbitration applies to interpreting and applying terms of an existing contract.

Question 7

In the context of arbitrator acceptability,practice characteristics of an arbitrator is the factor which is most highly related to volume of cases heard.

Question 8

The Landrum-Griffin Act forbids courts from enjoining lawful union activity,including strikes.

Question 9

Anytime during the prehearing phase,the arbitration request may be withdrawn by joint consent.

Question 10

One of the three basic protections for arbitration laid down by the Supreme Court is that the substance of grievances and their arbitrability are to be determined by courts,not arbitrators.

Question 11

Settlement before arbitration is requested,but settlement after the hearing occurs more frequently when the parties' representatives are not attorneys.

Question 12

For cross-examination and confrontation in the arbitration process,hearsay cannot be accepted even if a direct witness declines to testify against a fellow employee.

Question 13

When arbitrators find a conflict between contract language and federal labor or civil rights laws or interpretations,the court mandates the arbitrator to give primacy to the contractual interpretation.

Question 14

One of the three basic protections for arbitration laid down by the Supreme Court is that if an arbitration clause exists,unless a dispute is clearly outside contract provisions,courts will order arbitration.

Question 15

Arbitration is a labor relations process that aims to increase job satisfaction among workers through collective bargaining.

Question 16

In expedited arbitration,arbitrators hear several cases and submit very short written awards.

Question 17

A typical mainline arbitrator is over 65 and has more than 30 years of experience.

Question 18

In 1925,Congress passed the Arbitration Act establishing the right of parties to a contract to specify the processes to be used to resolve disputes over the interpretation of the contract.

Question 19

If Federal Mediation and Conciliation Service (FMCS)assistance is specified in a contract,the FMCS would provide panels as the American Arbitration Association (AAA)does,but would not provide reporting or facilities assistance.

Question 20

Permanent umpires are less vulnerable when a militant union presents less meritorious cases than when a union saves arbitration for very important issues.

Question 21

Which of the following is true about interest arbitration?

A) In interest arbitration,the dispute relates to the meaning of a particular provision with reference to an omitted case.
B) Interest arbitration contemplates the existence of a collective agreement already concluded.
C) Interest arbitration relates to disputes over the formation of collective agreements or efforts to secure them.
D) The requirement of a neutral third party is ruled out in interest arbitration.

Question 22

In the Steelworkers' trilogy,the Supreme Court held that:

A) arbitrators' decisions were essentially not subject to judicial review.
B) federal courts must enforce collective bargaining agreements,including provisions for arbitrating future grievances.
C) if the contract called for arbitration and if the court agreed with the arbitrator,the award would be enforced by the court if either party failed to comply with it.
D) the substance of the grievances and their arbitrability are to be determined by courts,not arbitrators.

Question 23

The _____ prevents federal courts from enjoining most union activities,including strikes for any purpose as long as they do not threaten life or property.

A) Wagner Act
B) Arbitration Act
C) Taft-Hartley Act
D) Norris-La Guardia Act

Question 24

If management confers a benefit but announces special circumstances each time it confers it,the employer does not establish a continuing practice.

Question 25

Which of the following applies to interpreting and applying terms of an existing contract?

A) Interest arbitration
B) Collective bargaining
C) Small claims arbitration
D) Rights arbitration

Question 26

In large organizations or those where a long-term bargaining relationship exists,the contract may name an individual or group of _____ to judge disputes.

A) permanent umpires
B) negotiation specialists
C) rights allocators
D) ad hoc arbitrators

Question 27

To prevent _____ and to reduce its caseload,the NLRB has adopted rules for deferring to arbitration when a contract violation and an unfair labor practice (ULP)are alleged simultaneously.

A) "featherbedding"
B) "ad hoc arbitration"
C) "forum shopping"
D) "past-practice" disputes

Question 28

_____ is a quasi-judicial process in which parties agree to submit unresolved disputes to a neutral third party for binding settlement.

A) Collaboration
B) Arbitration
C) Collective bargaining
D) Accommodation

Question 29

Which of the following is true about rights arbitration?

A) It is primarily applied in the public sector.
B) It contemplates the existence of a collective agreement already concluded.
C) It relates to disputes over the formation of collective agreements.
D) It relates to disputes over efforts to secure collective agreements.

Question 30

In 1977,the NLRB partially retreated from the _____ by limiting deferral to cases where the alleged ULP is not a Section 7 employee rights violation.

A) Collyer doctrine
B) Monroe doctrine
C) Drake decision
D) Truman doctrine

Question 31

Which of the following observations concerning arbitration is correct?

A) It is a quasi-judicial process.
B) It is solely a labor relations process.
C) Within labor relations it deals only with grievances.
D) The presence of a neutral third party is considered irrelevant in arbitration procedures.

Question 32

Which of the following is true about labor arbitrators?

A) They were more likely than jurors to uphold an employer's termination of an employee.
B) They gave more weight to evidence of discrimination.
C) They gave less weight to issues of procedural compliance.
D) They did not admit employee history as valid evidence.

Question 33

In Lincoln Mills,the Supreme Court held that:

A) arbitrators' decisions were essentially not subject to judicial review.
B) if a contract includes a broad arbitration clause,a dispute not covered in other sections is still arbitrable.
C) the three basic protections for arbitration should be met.
D) Section 301 of the Taft-Hartley Act required that federal courts enforce collective bargaining agreements,including provisions for arbitrating future grievances.

Question 34

Which of the following is true about the selection and appointment of arbitrators?

A) Arbitrator selection rates in interest cases are higher for arbitrators who are evaluated highly on attention to substantive justice issues.
B) Paradoxically,the appointment of a permanent umpire ends when the award is rendered and implemented.
C) Procedures for selecting an arbitrator are enumerated in the contract.
D) Ad hoc arbitrators are appointed to judge disputes in organizations where a long-term bargaining relationship exists.

Question 35

Which of the following is a protection clause for arbitration laid down by the Supreme Court in the context of the Steelworkers' trilogy?

A) If an arbitration clause exists,courts will order arbitration even if a dispute is clearly outside contract provisions.
B) The substance of grievances and their arbitrability are to be determined by courts,not arbitrators.
C) Contractual arbitration clauses require that parties arbitrate unresolved grievances.
D) Courts are presumed to have greater competence in resolving labor disputes than labor arbitrators.

Question 36

Grievances taken to arbitration for almost all issues have declined substantially since the early 1980s.

Question 37

An employee's previous work record is considered irrelevant and is not predictive of job performance after reinstatement.

Question 38

In order to closely match the disciplinary breach,arbitrators are encouraged to modify punishment on an upward scale.

Question 39

Corrective discipline is used more often for absenteeism and incompetence,while authoritarian approaches are applied more often for dishonesty and illegal strike activity.

Question 40

In 1925,Congress passed the _____ Act establishing the right of parties to a contract to specify the processes to be used to resolve disputes over the interpretation or implementation of the contract.

A) Dispute Resolution
B) Arbitration
C) Taft-Hartley
D) Norris-La Guardia

Question 41

Which of the following is true about the American Arbitration Association (AAA)?

A) It employs arbitrators.
B) It does not cater to requests for the provision of hearing facilities and court reporters.
C) It does not follow up to see what decisions were rendered.
D) It acts as a clearinghouse to administer matters between the parties and the arbitrators.

Question 42

_____ are appointed to hear only one case or set of cases.

A) Permanent umpires
B) Institutional arbitrators
C) Rights allocators
D) Ad hoc arbitrators

Question 43

Since the early 1970s,some large companies and unions have used _____ arbitration to reduce time delays and costs.

A) expedited
B) interest
C) systematic
D) institutional

Question 44

Which of the following factors is MOST highly related to volume of cases heard by an arbitrator?

A) Visibility
B) Personal background
C) Practice characteristics
D) Background as an ad hoc arbitrator

Question 45

With the exception of _____ cases,the union presents its case first because it generally initiates grievances.

A) racial and gender discrimination
B) poor working conditions
C) unfair labor practice
D) discipline and discharge

Question 46

Which form of evidence is information specifically tying a person to a situation?

A) Circumstantial evidence
B) Direct evidence
C) External evidence
D) Subjective evidence

Question 47

Which of the following is true about qualifications of arbitrators?

A) Prior exposure to fringe arbitration dilutes an individual's credibility as a mainline arbitrator in the future.
B) Academics who teach labor law and industrial relations are acceptable as arbitrators.
C) Selection by the parties has no bearing upon an individual's participation in the process of arbitration.
D) There exist absolute and chartered qualifications to be an arbitrator.

Question 48

Which of the following observations concerning the Federal Mediation and Conciliation Service (FMCS)is true?

A) The arbitrators whose names appear in the roster of FMCS are FMCS employees.
B) FMCS arbitrators are private practitioners.
C) FMCS provides reporting or facilities assistance.
D) Unlike the AAA,FMCS does not provide panels.

Question 49

In discipline and discharge cases,requested relief is usually for the _____.

A) dissolution of previous work records
B) reinstatement of a transfer
C) restoration of employment
D) employment of a family member

Question 50

Which of the following observations concerning expedited arbitration is true?

A) It rarely involves emergencies.
B) It involves individual discipline and discharge cases.
C) It necessitates the use of highly experienced arbitrators.
D) It is the preferred mode of arbitration in complicated cases.

Question 51

Which of the following facilitates the entry of new arbitrators because relatively simple and straightforward cases are generally handled in this way?

A) Expedited arbitration
B) Mediation
C) Formal arbitration
D) Expert determination

Question 52

Occasionally,one party has information that would aid the other in the preparation of a case.Which of the following rules has been suggested for the production of material held by one party?

A) The information must be proactively produced before the arbitrator regardless of an actual request.
B) The document or information cannot be used to attack the credibility of a witness.
C) If the party refuses to produce the information,the arbitrator may weigh the refusal as he/she sees fit.
D) The arbitrator may refuse to admit the parts of the information that are relevant to the hearing.

Question 53

Which of the following situations consolidates the relevance of evidence?

A) If the evidence is based on hearsay.
B) If the evidence addresses a separate issue than that which is pertinent.
C) If the evidence is based on unverifiable facts.
D) If the evidence is material.

Question 54

Which form of evidence suggests a connection between events and an individual?

A) Circumstantial evidence
B) Direct evidence
C) Unequivocal evidence
D) Explicit evidence

Question 55

Rules of evidence in arbitration are more _____ than those in courts of law.

A) discretionary
B) elective
C) liberal
D) binding

Question 56

Which of the following is true for arbitral remedies?

A) Usual remedies may require the restoration of work to the bargaining unit.
B) Arbitrators will grant relief,exceeding the relief desired,when it is found that the aggrieved party has been wronged.
C) In discipline and discharge cases,requested relief is usually in the form of corrective discipline for the employer.
D) Arbitrators might modify discipline on an upward scale.

Question 57

Who amongst the following strongly qualifies as a potential arbitrator in labor relations disputes?

A) Anne Schubert,who as an experienced counselor,aims at improving the quality of education of migrant children in the United States
B) Jeremy Chandler,who serves as an apprentice in a reputed software firm
C) Sean Norris,who is Professor Emeritus in economics at the State University
D) Michael Foster,who is a social entrepreneur working with African war widows

Question 58

In the context of evidentiary rules,which of the following is true for cross-examination and confrontation?

A) Where exposing the witness' identity would damage either party's legitimate interests,the witness cannot be questioned.
B) Depositions and previous testimony should be admitted if a witness is unavailable.
C) Hearsay is preferred over direct witness testimony.
D) The arbitrator's attempt to investigate is a genuine part of his/her professional obligation.

Question 59

If a contract specifies that the American Arbitration Association (AAA)assist in choosing an arbitrator and the AAA is notified about the existence of a dispute accordingly,which of the following actions is it MOST likely to perform?

A) It sends the parties a pair of arbitrators who are the employees of the AAA.
B) It selects and approves a nominee from the panel of arbitrators.
C) After a name has been agreed upon by the parties,the AAA contacts the appointee to offer the dispute,and the appointee accepts or declines.
D) If either party objects to a nominee,the AAA retracts and the contract stipulating its involvement in choosing an arbitrator stands automatically annulled.

Question 60

The search for the "smoking gun" is an attempt to find _____.

A) concurrent evidence
B) circumstantial evidence
C) direct evidence
D) classificatory evidence

Question 61

Which of the following approaches to discipline uses rules only as guidance and takes into account individual intentions?

A) Corrective discipline
B) Authoritarian approach
C) Punitive discipline
D) Humanitarian discipline

Question 62

What are the three basic protections for arbitration laid down by the Supreme Court in the Steelworkers' trilogy?

Question 63

Sexual harassment is a violation of _____.

A) the 1925 Arbitration Act
B) Title VII of the 1964 Civil Rights Act
C) the 1947 Taft-Hartley Act
D) the 1932 Norris-La Guardia Act

Question 64

Discuss the presentation of a case in the arbitration process.

Question 65

Explain the steps involved in choosing an arbitrator using the American Arbitration Association (AAA).

Question 66

How do arbitrators evaluate cases pertaining to work-family conflicts?

Question 67

In the context of arbitration awards involving discipline for fighting,individuals involved in fighting could be assigned to three categories: unprovoked aggressor,provoked aggressor,and _____.

A) conciliator
B) victim
C) spectator
D) mediator

Question 68

What are some of the important factors determining arbitrator acceptability?

Question 69

What is expedited arbitration? How is it useful?

Question 70

Which of the following is true for employees who receive corrective discipline for unsatisfactory performance?

A) They are likely to perform satisfactorily after reinstatement.
B) They are rarely restored to the original work group.
C) Their previous work record is predictive of job performance after reinstatement.
D) Punishing employees rather than placing them in a probationary status makes the discipline contingent on future behavior.

Question 71

Differentiate between interest arbitration and rights arbitration.

Question 72

Many companies have "_____" policies for harassment,i.e. ,employees who harass will be terminated.

A) zero-sum
B) reasonable-limit
C) zero-tolerance
D) win-lose

Question 73

Explain the difference between permanent umpires and ad hoc arbitrators.

Question 74

Which of the following is used more often for absenteeism and incompetence?

A) Corrective discipline
B) Authoritarian approach
C) Humanitarian discipline
D) Dogmatic approach

Question 75

Increasingly,contracts and/or work rules recognize alcoholism and addiction to narcotics as _____.

A) white-collar crimes
B) perjury
C) blue-collar crimes
D) diseases

Question 76

Certain work practices or benefits may not be written in the contract but may have been applied so consistently that there is an understanding they will continue.If the prevailing conditions change and management decides to drop a practice,it must do so within a reasonably short time after the change to defend itself against _____ grievances.

A) past-practice
B) unfair labor practice
C) featherbedding
D) discrimination

Question 77

What are the factors that the arbitrator needs to consider while preparing the award?

Question 78

In arbitration cases,authoritarian approaches are more often applied for which of the following?

A) Absenteeism
B) Incompetence
C) Dishonesty
D) Alcohol use

Question 79

Where probable cause of substance abuse exists,which of the following will usually lead an arbitrator to uphold a discharge?

A) Failure to submit to a drug test
B) Failure to use affirmative action
C) Failure to surrender union membership
D) Failure to demonstrate satisfactory performance

Question 80

What reasons are attributed to the finding that employees who performed unsatisfactorily and received corrective discipline never performed satisfactorily later?