MGT 362 Final- Ch 12

________ 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.

Arbitration

Which of the following is a difference between arbitration and litigation?

Arbitrators need not have legal training but people conducting litigation ought to have legal training.

Which of the following is an advantage of arbitration over the litigation process?

Both labor and management participate in the selection of the arbitrator.

The ________ Act provides for the arbitration of disputes involving collective bargaining agreements.

Labor Management Relations

In the ________ case, 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.

Lincoln Mills

Which of the following statements is TRUE of interest arbitration?

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

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

Rights

________ arbitration is also known as grievance arbitration.

Rights

Which of the following is TRUE of arbitration?

The courts determine whether there is a duty to arbitrate a dispute.

Under which of the following circumstances does a labor-management issue become arbitrable even after the collective bargaining contract expires?

The issue involves facts and events that occurred before the expiration of the contract

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

The parties are not required to arbitrate a dispute that they have not agreed to submit to arbitration.

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

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

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

There is "substantial continuity" between the old and the new companies.

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.

United Steelworkers of America

In the landmark case of Lincoln Mills, the Supreme Court ordered that ________.

an employer should arbitrate grievances as provided for in a collective bargaining agreement

Which of the following terms refers to the recognition of the bargaining history of those in the same industry to determine the respective rights of the parties involved in a labor dispute?

common law of the shop

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

parole evidence

A grievance is presumed to be arbitrable if ________.

the contract provides for the arbitration of grievances and does not exclude the topic under consideration

Rights arbitration refers to ________.

the interpretation and application of current contract terms

In the Steelworks Trilogy cases the Supreme Court ________.

upheld the grievance arbitration process and limited judicial intervention