Chapter 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. a. Mediation b. Formalization c. Arbitration d. Polarization

Arbitration

Which of the following is a difference between arbitration and litigation? a. Arbitration hearings are more formal than litigation. b. Arbitrators need not have legal training but people conducting litigation ought to have legal training. c. The labor-management issues that are not covered by the collective bargaining agreement are resolved by arbitration whereas the issues that are covered by the collective bargaining agreement are resolved by litigation. d. The decision given by an arbitrator is not binding on either of the party but the decision of litigation is binding on both the parties.

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? a. A decision given by an arbitrator is not binding on either of the parties. b. The arbitration service is provided free of cost by the government. c. Both labor and management participate in the selection of the arbitrator. d. An arbitrator's decision is binding only when it is approved by the NLRB.

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

The ________ Act provides for the arbitration of disputes involving collective bargaining agreements. a. Economic Opportunity b. Labor Management Relations c. Social Security d. Goldwater-Nichols Act

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. a. Steelworkers Trilogy b. Warrior & Gulf case c. Gooseplay d. Lincoln Mills

Lincoln Mills

Which of the following statements is TRUE of interest arbitration? a. Most interest arbitration in the United States occurs in the public sector under compulsory statutes. b. In the case of interest arbitration, the decision given by the arbitrator is not binding on either of the parties. c. Interest arbitration in the public sector is governed by the Employee Free Choice Act. d. Interest arbitration in the private sector is mandatory and generally follows a strike.

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. a. Reciprocal b. Distributive c. Rights d. Concurrent

Rights

________ arbitration is also known as grievance arbitration. a. Concurrent b. Interest c. Reciprocal d. Rights

Rights

Which of the following is TRUE of arbitration? a. The courts determine whether there is a duty to arbitrate a dispute. b. The courts must examine the merits of the underlying grievance to determine if there is a duty to arbitrate a dispute. c. The duty to arbitrate cannot extend beyond the life of the contract. d. The courts must examine the correctness of an arbitration award before enforcing it.

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? a. The issue was not covered by the collective bargaining agreement. b. The worker involved in the issue was hired after the collective bargaining agreement was accepted by the union. c. The issue involves facts and events that occurred before the expiration of the contract. d. The issue affects more than 80 percent of the employees.

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? a. In determining whether there is a duty to arbitrate a dispute, the courts should examine the merits of the underlying grievance. b. In labor contracts with an arbitration clause, if there is any doubt regarding the topics covered by the arbitration clause, then the topic should be considered as non-arbitrable. c. The parties are not required to arbitrate a dispute that they have not agreed to submit to arbitration. d. A court should enforce the decision of an arbitrator only after examining its correctness.

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? a. There are no prescribed rules for grievance arbitration as there are in the judicial process. b. The arbitration process is less private as compared to the public judicial process. c. The grievance arbitration procedure involves less sophisticated and knowledgeable parties than those in most judicial proceedings. d. The arbitrator does not consider the existing contract in deciding the outcome of the dispute.

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? a. The successor employer does not accept the existing bargaining unit and the union. b. There is "substantial continuity" between the old and the new companies. c. The existing union and the successor employer enter into a new collective bargaining agreement. d. The successor employer has a good-faith reasonable doubt whether the employees support the incumbent union.

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. a. International Workers Association b. Brotherhood of Railroad Signalmen c. International Association of Fire Fighters d. United Steelworkers of America

United Steelworkers of America

In the landmark case of Lincoln Mills, the Supreme Court ordered that ________. a. employees should be allowed to solicit support for a union from their fellow employees during nonworking times b. employees should be allowed to take up to 12 weeks of unpaid leave every year for family reason. c. an employer who entertains a good-faith reasonable doubt whether the employees support the incumbent union, can withdraw recognition from the union and refuse to bargain with that union d. an employer should arbitrate grievances as provided for in a collective bargaining agreement

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? a. parol evidence b. agency shop c. common law of the shop d. arbitrability

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? a. past practice b. common law of the shop c. just cause d. parole evidence

parole evidence

A grievance is presumed to be arbitrable if ________. a. the courts determine that the underlying grievance has merit b. the management and the union are not able to reach an agreement even after negotiating the issue for one month c. the agreement does not include the topic under consideration d. the contract provides for the arbitration of grievances and does not exclude the topic under consideration

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

Rights arbitration refers to ________. a. issues not specifically mentioned in the contract b. the interpretation and application of current contract terms c. the consideration of past practice in settling disputes d. the analysis of evidence that is not contained within the collective bargaining agreement

the interpretation and application of current contract terms

In the Steelworks Trilogy cases the Supreme Court ________. a. ordered that employees with a substantial mutuality of interest in wages, hours, and working conditions can be appropriately grouped in a bargaining unit b. upheld the grievance arbitration process and limited judicial intervention c. ordered that a union can be certified to represent an appropriate bargaining unit only through a secret-ballot election d. upheld the right of employees to use the employer's bulletin board for the purpose of union solicitation

upheld the grievance arbitration process and limited judicial intervention