Labor Relations Chapter 9 T/F

A key criticism of the bureaucratic model of collective bargaining is that it allows too much flexibility and unpredictability in the workplace.

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An arbitrator that specializes in hearing grievance disputes is called an interest arbitrator.

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Arbitration hearings are essentially court hearings where the traditional rules of evidence are strictly followed.

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Arbitrators uniformly insist that strict rules of due process be adhered to when management investigates disciplinary actions at work.

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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.

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Compulsory or mandatory arbitration agreements are rarely legal in the U.S.

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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.

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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.

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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.

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Job satisfaction is usually higher in nonunionized settings than in unionized settings, after one accounts for differences in working conditions and workplace climate.

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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

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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.

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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.

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Productivity is higher in nonunionized companies than it is in unionized companies

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Superseniority is a term that is used to describe seniority rights given to supervisors.

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The concept of just cause means that employers may fire an employee only if there is an economic reason for doing so.

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The concept of past practice is one where arbitrators use their own prior experience and decisions to help decide a particular arbitration case.

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The final step of most union grievance procedures is to appeal the decision to the NLRB.

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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.

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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.

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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.

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The rate at which employees file grievances against their employer is almost completely a function of how strong the union is

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The reserved rights clause in a collective bargaining contract is aimed at preserving the union's right to represent the company's workers.

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The traditional approach to dispute resolution in nonunionized settings has been a modified grievance procedure ending in arbitration by a peer review panel.

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Traditional U.S. union contracts provide strict guidelines for employers, but are not legally enforceable in the United States.

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Traditional grievance procedures are criticized for encouraging or allowing employees to become overly involved in workplace decision-making.

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Turnover is generally higher in unionized settings than it is in nonunionized settings.

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U.S. Labor relations are set primarily by strike power, court orders, and public decision-making than by private administrations of contract terms.

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Under a union shop agreement, workers can be forced to pay dues and join the union.

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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.

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Using the court system instead of a formal grievance process would likely speed up the resolution of workplace disputes and reduce costs.

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he 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.

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) Contract administration is a term used to describe interpreting, applying and resolving conflicts pertaining to collective bargaining agreements.

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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.

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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.

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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.

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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.

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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.

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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.

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Due check-off clauses protect unions by decreasing the administrative burden of collecting union dues.

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From the union perspective, the bureaucratic system of collective bargaining contracts may achieve stability at the expense of rank and file involvement and activism.

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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.

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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.

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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.

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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.

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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.

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Nearly every U.S. union contract contains a just cause clause protecting workers from arbitrary dismissal or discipline.

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Nearly every public and private sector union contract in the U.S. has a grievance procedure to resolve disputes in contract interpretation and administration.

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Over 90% of union contracts in the private sector specify that employees can be discipline and discharged for just cause only.

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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.

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The effect of a union contract is often to create wage compression.

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The key concern with nonunion grievance procedures is that they lack due process protections.

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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."

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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.

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Under the employment-at-will doctrine, employers are generally free to establish whatever terms and conditions of employment they desire.

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Unionized employers typically provide better benefits and wages than nonunionized employers.

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Unions usually give up rights to strike over grievances in exchange for a final and binding arbitration clause.

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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

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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."

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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.

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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.

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