151 Quiz Chapter 12

Warrior & Gulf case

A Supreme Court decision declaring that because there is a congressional policy in favor of settlement of disputes through arbitration the judicial process is confined to a question of whether the reluctant party agreed to arbitrate the grievance in the collective bargaining contract.

Double jeopardy

A concept borrowed from criminal law for the principle that a person cannot be punished twice for the same offense based on the same conduct.

Arbitration

A process in which the parties involved agree to submit an unresolved dispute to a neutral third party, whose decision is final and binding.

Interest arbitration

A process used to resolve an impasse in negotiations where the parties submit the unresolved items to a neutral third party to render a binding decision.

Past practice

A recognition of the bargaining history of the two parties involved in a dispute to determine their respective rights in arbitration.

Common law of the shop

A recognition of the bargaining history of those in the same industry to determine the respective rights of the parties involved in a labor dispute.

Tripartite arbitration board

An arbitration board composed of one or more members representing management, an equal number representing labor, and a neutral member who serves as chairperson.

Rules of evidence

An arbitrator's determination of how a hearing will be conducted, how evidence will be presented, and how much weight or credibility will be given to the evidence presented.

Arbitrator's opinion

An arbitrator's written statement discussing the reasons for the decision in the case.

If the ________ is passed, then the voluntary nature of interest arbitration in the private sector will change because the act provides for negotiations and mediation as the first step in the process and arbitration for those that fail to reach an agreement on their own.

Employee Free Choice Act If the Employee Free Choice Act is passed then the voluntary nature of interest arbitration in the private sector will change because this act provides for negotiations and mediation as the first step in the process and arbitration for those that fail to reach an agreement on their own.

Parol evidence

Evidence that is not contained within the four edges of the collective bargaining agreement and is, therefore, outside the parameters of an arbitration proceeding.

Lincoln Mills case

In a landmark decision, the Supreme Court ordered an employer to arbitrate grievances as provided for in a collective bargaining agreement, stating that an employer's agreement to arbitrate grievance disputes was a trade-off for the union's agreement not to strike.

________ allows a panel to make a final and binding decision on a negotiation dispute and has been used in the public sector to resolve impasses.

Interest arbitration Interest arbitration allows a panel to make a final and binding decision on a negotiation dispute and has been used in the public sector to resolve impasses.

________ is a process used to resolve an impasse in negotiations in which the parties submit the unresolved items to a neutral third party to render a binding decision.

Interest arbitration Interest arbitration is a process used to resolve an impasse in negotiations in which the parties submit the unresolved items to a neutral third party to render a binding decision.

Which of the following statutes governs the private sector arbitration of disputes?

Labor Management Relations Act

What is parol evidence?

Parol evidence in labor arbitration cases refers to evidence, oral or otherwise, that is not contained within the four edges of the collective bargaining contract. In other words, it is evidence of discussions or writings that happened prior to or outside of the bargaining process that are not referenced in the final collective bargaining agreement itself. In basic contract law, the terms of a final written agreement between two parties cannot be interpreted or contradicted by evidence of anything that happened before the contact was finalized-or "parol evidence."

Which of the following statements is TRUE of rights arbitration?

Rights arbitration deals with the allegation that an existing agreement has been violated or misinterpreted. Rights arbitration, or grievance arbitration, involves interpretation of a party's "rights" or the application of a particular provision under an existing contract. Rights arbitration is found in almost every labor agreement and used far more than interest arbitration today. Rights arbitration deals with the allegation that an existing collective agreement has been violated or misinterpreted. The decision given by the arbitrator is final and binding. In the public sector, Federal Labor Relations Authority governs labor relations between the federal government and its employees.

Just cause

Sufficient or proper reasons for which management has the right to discipline or discharge employees.

Arbitrator's award

The arbitrator's decision in a grievance case presented in written format and signed by the arbitrator. Examples of awards include back pay and reinstatement of job or benefits.

Arbitrability

The challenge of whether a disputed issue is subject to arbitration under the terms of the contract.

Make-whole remedy

The concept of providing back pay, position, and lost seniority in an attempt to return to the employee those things that he or she may have been deprived of because of discrimination.

What are the five principles that govern the arbitration of grievances under collective bargaining?

The following five principles govern the arbitration of grievances under collective bargaining: · Arbitration is a matter of contract. The parties are not required to arbitrate a dispute that they have not agreed to submit to arbitration. The courts determine whether there is a duty to arbitrate a dispute. · In determining whether there is a duty to arbitrate a dispute, the courts should not examine the merits of the underlying grievance, even if it appears to be frivolous. · In labor contracts with an arbitration clause, there is a presumption of arbitrability unless there is positive assurance that the arbitration clause is not susceptible to an interpretation that covers the dispute. Doubts should be resolved in favor of coverage. · As long as an arbitration award is based on the bargaining agreement, a court should enforce the award without examining its correctness. · In interpreting the labor agreement, the arbitrator is not limited to the words of the contract. The arbitrator may consider factors such as past practice, parol evidence, and the common law of the shop.

Rights arbitration

The submission to arbitration for the interpretation or application of current contract terms. In grievance cases, the arbitration involves the rights of the parties involved under the terms of the contract.

Steelworkers Trilogy cases

Three 1960 Supreme Court rulings that upheld the grievance arbitration process and limited judicial intervention.

Both labor and management participate in the selection of the arbitrator

True Both labor and management pay the arbitration fees and have a hand in the choice of arbitrator; he or she is not an outside party imposed on them to resolve disputes.

In the Steelworks Trilogy cases the Supreme Court held that the function of a court is limited to a review of whether the issue to be arbitrated is governed by the contract and unless the arbitrator's award is ambiguous, the courts should enforce it even if the court would not have decided the substantive issue in the same way.

True In the Steelworks Trilogy cases the Supreme Court held that the function of a court is limited to a review of whether the issue to be arbitrated is governed by the contract and unless the arbitrator's award is ambiguous, the courts should enforce it even if the court would not have decided the substantive issue in the same way.

Rights arbitration deals with the interpretation or application of current contract terms.

True Rights arbitration deals with the interpretation or application of current contract terms.

There are no prescribed rules for grievance arbitration as there are in the judicial process.

True The arbitration process is more private and therefore unique to the parties, as compared with the public judicial process. There are no prescribed rules for grievance arbitration as there are in the judicial process.

The Railway Labor Act (RLA) has jurisdiction over disputes between employees and employers in the railroad and ________ industries.

airline The Railway Labor Act (RLA) has jurisdiction over disputes between employees and employers in the railroad and airline industries.

Which of the following is the first step in a hearing procedure for the arbitration of a grievance?

an opening statement by the initiating party During a hearing procedure for the arbitration of a grievance, as the first, the initiating party presents the opening statement.

A tripartite arbitration board usually has one or more members of the NLRB, an equal number of members of the Federal Labor Relations Authority, and a neutral member who serves as chairperson.

false

According to the concept of double jeopardy, a person can be punished twice for the same offense based on the same conduct.

false

Mediation is a process in which the parties involved agree to submit an unresolved dispute to a neutral third party, whose decision is final and binding.

false

Most interest arbitration in the United States occurs in the private sector, under compulsory statutes.

false

The Railway Labor Act (RLA) has jurisdiction over disputes between employees and employers in the railroad and shipping industry.

false

The common law of the shop is a recognition of the bargaining history of the two parties involved in the dispute.

false

Rights arbitration is also known as ________ arbitration.

grievance

A tripartite arbitration board usually has ________.

one or more members selected by management, an equal number of members selected by labor, and a neutral member who serves as chairperson A tripartite arbitration board usually has one or more members selected by management, an equal number of members selected by labor, and a neutral member who serves as chairperson.

An arbitrator's written statement discussing the reasons for the decision in a particular case is known as the "arbitrator's ________."

opinion An arbitrator's written statement discussing the reasons for the decision in the case is known as the "arbitrator's opinion."