MHR 4270 CH 9
A key job right that is protected by union contracts is the concept of pay based on: A. The job itself B. Knowledge and ability of the individual C. Education level of the individual D. Experience in the job
A
Another name for a rights dispute is a(n): A. Interest dispute B. Grievance C. Economic dispute D. Due process challenge
A
Once a union contract is in place, ____________________ are disagreements over whether someone has been treated appropriately given the contract provisions in place.. A. rights disputes B. interest disputes C. bargaining conflicts D. privilege challenges
A
The 4 major components of traditional U.S. union contracts include: A. Employee rights B. Management rights C. Job Rights D. Union rights E. All of the above.
E
A key criticism of the bureaucratic model of collective bargaining is that it allows too much flexibility and unpredictability in the workplace.
False
Under the employment-at-will doctrine, employers are generally free to establish whatever terms and conditions of employment they desire.
False
Beck rights allow union workers to pay only that portion of union dues that goes to: A. Contract negotiations and administration B. Union organizing and advertising C. Political lobbying D. All of the above
a
Billings Paper Co. recently sold their Green Bay, WI plant to a larger company. The union contract specified that any new owner would need to recognize and bargain with the existing union at Billings. This contract provision is called a: A. Successorship clause B. Union recognition clause C. Union shop agreement D. Employee rights clause
a
Critics of union shop agreements that argue these agreements violate employees' individual freedom by depriving them of a free choice about where to work. These critics argue they are protecting workers: A. Right to work B. Seniority rights C. Free rider rights D. Job placement right
a
Sandy was scheduled to work an 8 hour shift on a Thursday afternoon and evening. When she arrived at work, her supervisor told her the shipment she was to process had not arrived and that she could go home. Under her union contract, Sandy was entitled to four hours of pay because she showed up for work as scheduled. This contract provision is called: A. Reporting pay B. Scheduled hours pay C. Straight-time pay D. Guaranteed hours pay
a
The Steelworkers Trilogy established: A. The legally binding nature of an arbitrator's decision, despite whether the union and/or management agree with it. B. The obligation of a union and management to resolve conflict issues in arbitration. C. The right of the arbitrator to create their own contract from the final offers of the union and management. D. The right of the parties to challenge an arbitrator's decision in cour
a
The notion that management retains all rights to make decisions on issues that are not explicitly addressed in the contract is called the: A. Reserved or residual rights doctrine B. Management rights claus C. Management security doctrine D. Covenant of good faith and fair dealing
a
Which of the following is not considered a characteristic of due process? A. The right to an arbitrator of one's choosing B. The right to be assisted by an advocate if desired C. The right to present evidence D. The right to a hearing
a
Which of the following is not generally determined by seniority rights under a union contract: A. Determination of which grievances will be pursued by the union. B. Order of layoffs (last hired, first fired). C. Bumping rights to grant more senior employees the right to lower level jobs during layoffs. D. Allocation of promotions and transfers
a
Which of the following statements is true? A. The number of grievances that reach the final state of arbitration is very small B. Most grievances cannot be resolved by the parties alone and must be decided by an arbitrator C. About half of all grievances end in arbitration D. Most grievances are resolved with the help of a mediator
a
Although there are some key differences, grievance arbitration closely resembles: A. Mediation B. A formal judicial process C. Bilateral negotiations D. Tripartite negotiations
b
Collective bargaining agreements are enforceable in federal court under: A. The Steelworkers Trilogy B. The Taft-Hartley Act C. The Lincoln Mills doctrine D. The National Industrial Recovery Act
b
Colson Company's contract with Teamsters Local 59 specifies that supervisors are to make promotion decisions by selecting the most senior employee from a pool of qualified employees. The company is allocating promotions using: A. Seniority as the sole factor B. Seniority as a determining factor C. Seniority as a secondary factor D. Qualifications as the determining factor
b
The right of workers to pay only the amount of dues that goes toward collective bargaining and contract administration is called: A. Weingarten rights B. Beck rights. C. Steelworkers Trilogy rights. D. The Gissel bargaining order
b
Union contracts tend to clearly assign job responsibilities to various jobs so as to prevent all of the following except: A. Expansion of job duties without a commensurate increase in pay B. Union workers from shirking their responsibilities C. Supervisors from doing union workers' job D. Subcontracting and outsourcing of union jobs
b
Unions tend to negotiate explicit job rights pertaining to work assignments for skilled workers because: A. Their jobs are rarely outsourced B. They are at greatest risk of having their job skills diluted. C. They have the greatest bargaining power. D. They are the most likely to complain
b
When a union violates a union contract, the employer can seek relief by: A. Requesting an injunction against the union B. Suing the union for contract violation C. Filing a grievance against the union D. Filing an unfair labor practice charge with the NLRB
b
Grievance procedures in a union contract are preferable to other methods of resolving workplace disputes because: A. They give management greater control over disciplinary actions. B. They decrease uncertainly and increase stability because unions fear losing the grievance inarbitration. C. They decrease uncertainty and increase stability by employee adherence to negotiated rules. D. They encourage employers to be more lenient with employees
c
Just cause discipline and discharge, seniority rights, compensation, and grievance procedures are all examples of ____________________ granted in contracts. A. employer rights B. government requirements C. employee rights D. job right
c
The purpose of a management rights clause is to ensure that management: A. Does not interfere with the rights of the union or rights of employees. B. Has the ability to file unfair labor practice charges against the union if the union violates their rights .C. Maintains decision-making authority over traditional management functions. D. All of the above
c
The typical collective bargaining agreement covers a(n) _________________ period. A. 1 year B. 5 year C. 3 year D. Open-ended
c
Traditional U.S. union contracts spell out the safety standards that __________________ is (are) obliged to uphold. . OSHA B. the union C. management D. employees
c
Which of the following has not been shown to be positively associated with the incidence of grievance filings? A. Aggressiveness of supervisors and/or union stewards B. Performance of the worker C. Age of the worker D. Employee perceptions of their own power
c
Which of the following union security clauses requires an employee to become a union member before they are hired: A. Open shop B. Union shop C. Closed shop D. Agency shop
c
A rules-based approach to workplace justice was welcomed by unions because it fulfilled the union's need for: A. Workplace Flexibility B. Stability in the workplace C. Discipline in the workplace D. Avoiding wildcat strikes
d
A typical union contract will specify all of the following except: A. The number of union stewards B. The right of union stewards to investigate grievances C. Superseniority for union stewards D. How union stewards will be selected
d
A union recognition clause: A. Can help unions maintain their strength. B. States that the employer recognizes the union as the exclusive bargaining agent for the bargaining unit. C. States whether the bargaining unit will be a union shop or an agency shop. D. A and b only. E. All of the above
d
Employees covered by a just cause clause have the right to insist that there be valid, ____________________ reasons for being disciplined or fired. A. union-specified B. government-mandated C. contract-related D. job-related
d
In return for management's agreement to arbitrate disputes in the workplace, the union generally waives: A. The right to sue. B. The right to make unilateral changes to the contract. C. The right to mediate .D. The right to strike
d
Interpreting, applying and resolving conflicts that arise under a union contract is called: A. Contract negotiations B. Past practice C. Mediation D. Contract administratio
d
Most grievances are settled: A. By management and the union in the last step of a typical grievance procedure B. By a neutral arbitrator C. By the VP of HR D. By management and the union in the early stages of the grievance procedure
d
The bureaucratic model of detailed union contracts and quasi-judicial grievance procedures is criticized because: A. It has not resulted in decreased conflict ending in strikes. B. It encourages union member involvement and activism. C. It increases the uncertainty of dispute resolution between the parties. D. It inhibits flexibility and innovation.
d
The last step in the grievance process for nearly all union contracts in both the publicand private sector is usually: A. A hearing before the NLRB B. Mediation by the Federal Mediation and Conciliation Service C. A unilateral decision by management D. Final and binding arbitration
d
Union and agency shop agreements are intended to minimize the ____________________________ problem that arises from a union's duty of fair representation: A. Organizing B. Negotiating C. Public relations D. Free ride
d
Union contracts frequently specify ____________________ that management must fulfill. A. discipline standards B. seniority policies C. layoff rules D. all of the above
d
What percentage of union contracts specify that employees can only be disciplined or discharged for just cause? A. Under 10% B. Under 25% C. About 60% D. Over 90%
d
An arbitrator that specializes in hearing grievance disputes is called an interest arbitrator.
false
Arbitration hearings are essentially court hearings where the traditional rules of evidence are strictly followed.
false
Arbitrators uniformly insist that strict rules of due process be adhered to when management investigates disciplinary actions at work.
false
Because unions have a duty of fair representation, they must treat every grievance or complaint the same and purse each all the way to arbitration, if necessary.
false
Compulsory or mandatory arbitration agreements are rarely legal in the U.S
false
Contract provisions that prevent the loss of union jobs by limiting an employer's right to send work to other employers are called subcontracting or outsourcing restrictions.
false
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.
false
If management wants to retain the right to make unilateral decisions about various aspects of the workplace such as work assignments or the ability to introduce new technology,they are required to state this in the contract.
false
Job satisfaction is usually higher in nonunionized settings than in unionized settings,after one accounts for differences in working conditions and workplace climate.
false
Layoffs in unionized settings are usually done by inverse seniority meaning the most senior employee is laid off first because they are more likely to be able to afford it.
false
Nearly every U.S. union contract contains a right-to-sue clause in which employees are entitled to file a legal challenge to managerial actions that they feel violate their rights under the contract.
false
Nonunion grievance processes that end with a peer review as the final step have lower grievance filing rates than nonunion systems in which the final decision is made by a manager
false
Productivity is higher in nonunionized companies than it is in unionized companies.
false
Superseniority is a term that is used to describe seniority rights given to supervisors
false
The concept of just cause means that employers may fire an employee only if there is an economic reason for doing so.
false
The concept of past practice is one where arbitrators use their own prior experience and decisions to help decide a particular arbitration case.
false
The final step of most union grievance procedures is to appeal the decision to the NLRB.
false
The free rider problem is mainly an issue in union shops where employees often choose not to pay union dues even though the union is required to represent them.
false
The grievance arbitration process is about helping the parties to problem-solve their differences regarding the interpretation of the contract and not a judicial activity where the arbitrator uses existing law to interpret the contract.
false
The legal enforceability of an arbitrator's decision when a contract includes a binding arbitration clause was established by a series of Supreme Court cases known as the Beck doctrine.
false
The rate at which employees file grievances against their employer is almost completely a function of how strong the union is
false
The reserved rights clause in a collective bargaining contract is aimed at preserving the union's right to represent the company's workers
false
The traditional approach to dispute resolution in nonunionized settings has been a modified grievance procedure ending in arbitration by a peer review panel.
false
The union's duty of fair representation stems from a clause in the collective bargaining contract that requires the union to give each employee equal treatment
false
Traditional U.S. union contracts provide strict guidelines for employers, but are not legally enforceable in the United States
false
Traditional grievance procedures are criticized for encouraging or allowing employees to become overly involved in workplace decision-making.
false
U.S. Labor relations are set primarily by strike power, court orders, and public decision-making than by private administrations of contract terms
false
Under a union shop agreement, workers can be forced to pay dues and join the union
false
Union contracts covering blue collar workers typically state the wage rate tied to the knowledge, skills, abilities, and performance of each individual holding the jobs.
false
Using the court system instead of a formal grievance process would likely speed up the resolution of workplace disputes and reduce costs.
false
A compulsory arbitration agreement is one in which an employer requires their employees to waive their right to sue over issues such as discrimination and sexual harassment as a condition of employment
true
A union is required by law to fairly represent any worker in the bargaining unit, including those that are not union members or those who pay only a partial fee.
true
After having signed a contract with a binding arbitration clause in it, an employer is legally bound to accept an arbitrator's decision on a particular issue even if they disagree with that decision.
true
An ombudsperson is a neutral person, employed by the company, who may investigate disputes but who is primarily concerned with helping management and the employee resolve their differences.
true
Both grievants and supervisors involved in grievances are more likely to leave their jobs (either quit or be fired) than those who are not involved in grievances.
true
Bumping rights are a seniority provision in many union contracts which allow workers with greater tenure at a company to take the jobs of those with less seniority in the event of a layoff.
true
Contract administration is a term used to describe interpreting, applying and resolving conflicts pertaining to collective bargaining agreements.
true
Due check-off clauses protect unions by decreasing the administrative burden of collecting union dues.
true
From the union perspective, the bureaucratic system of collective bargaining contracts may achieve stability at the expense of rank and file involvement and activism
true
Grievance procedures and arbitration are both criticized for being excessively legal, formal, and reactive, rather than proactive in trying to find ways to decrease the likelihood of future disputes
true
In making a decision about the merits of a particular grievance, the arbitrator's role is to set aside his own personal beliefs and simply interpret and apply the contract as it was written by the parties.
true
In the U.S. it is generally believed that efficiency, equity, and voice are best attained using written rules enforced privately at the workplace level.
true
It is a union's legal obligation to represent all workers within a bargaining unit fairly even if they are not dues-paying union members.
true
Joe Sloan has a reputation for being a poor performer who often shirks his responsibilities onto other employees. Joe has filed a complaint against his immediate supervisor, claiming that she did not following the union contract rules when she discharged him for insubordination. Even though Joe's union representative knows Joe is a poor performer and would prefer to see him dismissed, he is obligated by law to fairly represent him in the grievance process.
true
Nearly every U.S. union contract contains a just cause clause protecting workers from arbitrary dismissal or discipline
true
Nearly every public and private sector union contract in the U.S. has a grievance procedure to resolve disputes in contract interpretation and administration
true
Over 90% of union contracts in the private sector specify that employees can be discipline and discharged for just cause only
true
Shop stewards are company employees that provide advice to union workers on matters such as interpretation of the contract and their rights in the workplace
true
The effect of a union contract is often to create wage compression.
true
The key concern with nonunion grievance procedures is that they lack due process protections.
true
The rights of workers to pay only that portion of union dues that is used for collective bargaining and contract administration are called "Beck rights."
true
Today, nearly every union contract in the United States contains a grievance procedure to resolve allegations by employees and/or the union that the employer has violated the contract
true
Turnover is generally higher in unionized settings than it is in nonunionized settings
true
Unionized employers typically provide better benefits and wages than nonunionized employers.
true
Unions usually give up rights to strike over grievances in exchange for a final and binding arbitration clause
true
Weingarten rights give union workers the right to have a union representative present at any disciplinary meeting as long as that representative does not prevent reasonable questioning of the employee by the employer.
true
When making a determination as to whether an employee was justly or unjustly terminated, an arbitrator will generally apply a set of rules known as "the seven tests of just cause."
true
When workplace disputes arise in a unionized setting, employees are expected to pursue their concerns through a formal grievance procedure rather than through a strike.
true
Workers seeking the protection of a union contract generally prefer workplace decisions that are guided by impartial rules such as seniority-based pay increases or promotions
true
