CH09 - Contract Clauses and Their Administration

Union contracts provide rights to an organization's management through

Blank 1: management Blank 2: rights Blank 3: clauses

Which of the following is considered an objective standard for use in union contracts as a criterion for allocating employment opportunities?

Seniority

Which of the following are true about a labor-management contract and a good works practices handbook? (Check all that apply.)

Continuous updating of the handbook does not threaten a union's gains because the contract is a separate document. Separating the contract and the good works practices handbook can facilitate joint problem solving during administration

Which of the following are being implied by the fact that grievances are more likely just before union contract negotiations begin? (Check all that apply.)

Correct Answer Grievance procedures give unions a platform to pressurize management to further their bargaining objectives. Grievance procedures provide employees with due process.

Identify the employee rights. (Check all that apply.)

Correct Answer Right to just cause discipline and discharge Seniority rights in layoffs, promotions, etc. Right to fair hearing through the grievance procedure

Which of the following are part of the grievance procedure in an organization? (Check all that apply.)

Employees, the union, and management meet to resolve disputes over the application and enforcement of a union contract. A multistep procedure is established in which unresolved grievances are appealed to higher levels in the organization.

True or false: Unionized workers are typically less likely than nonunion employees to receive benefits such as health insurance, pensions, life insurance, and the like.

F

An employee at Chrysla Corp. raises a grievance over a managerial action. Samantha, the union representative, is responsible for collecting evidence to show that the union contract was violated by the managerial action. Which of the following immediately follows this step?

Higher-level union and management officials try to settle the dispute.

Today almost every union contract in the United States in both the private and public sectors contains a grievance procedure to _____.

resolve allegations by employees or the union that the employer has violated the contract

In the context of contract administration, Blank 1 of 2 Blank 2 of 2 are disagreements over whether someone's rights as specified in the contract have been violated once a union contract is in place.

rights disputes

Employees who are elected by the rank and file or appointed by the union leadership to be the first line of advocates for the workers in ensuring that a union contract is not violated are termed _____.

shop stewards

To aid unions in effectively representing employees, unions negotiate for workplace systems of _____.

shop stewards

Simon, an employee at Greice Inc., raises a grievance. Arrange the steps involved in the typical unionized grievance procedure that follows in the correct order of occurrence.

simon gregory high level union

True or false: Union and agency shop clauses are often used along with a dues checkoff provision in which workers can agree to have their union dues automatically deducted from their paychecks and deposited directly with unions.

T

Which of the following directly refers to the requirement that employees be disciplined or discharged only when there is just cause?

There must be valid, work-related reasons to fire an employee.

A union shop

An employee is required to become a union member after being hired in order to keep his or her job

Which of the following is a main effect of union representation and the traditional contract provisions?

Decreased employment turnover

Which of the following are employee obligations? (Check all that apply.)

Following managers' orders Obeying work rules Abiding by the employment contract

Why do unions seek job rights that pertain to work assignments? (Check all that apply.)

Management might replace higher-skilled jobs with lower-skilled, lower-paying jobs. There is a concern that the employer might reduce the importance of union-represented jobs by letting supervisors expand their duties.

In most contracts between labor and management, the ultimate step of the grievance procedure is _____.

arbitration

An example of a job obligation is _____.

fulfilling employment standards

More than 90 percent of private sector union contracts, and several public sector ones, mention that employees can be disciplined and discharged only for just cause. This violates the _____ that governs the U.S. employment relationship in the absence of specific statutory restrictions.

employment-at-will doctrine

Identify the labor union obligations. (Check all that apply.)

Abiding by a union contract, including not striking over grievances Accepting arbitrators' awards

If grievance arbitration is a judicial activity

The arbitrator is not allowed to adapt or modify the union contract.

Why do unions typically try to negotiate union shop or agency shop clauses in non-right-to-work states?

To counter the free-rider issue of bargaining unit members benefiting from the union without paying for it

Why do some nonunion procedures add a peer review panel to the grievance procedure?

To counter viewpoints that dispute resolution systems in which managers make the ultimate decisions are unfair

Which of the following are part of the Steelworkers Trilogy? (Check all that apply.)

Unless a subject is explicitly excluded from arbitration by a contract, it is subject to arbitration. If a union contract has binding arbitration as the final grievance procedure step, an employer should submit unresolved grievances to arbitration.

In the context of union contracts, identify an obligation of an organization's management.

Using just cause discipline and discharge

The closed shop

The National Labor Relations Act

The difference between restricted managerial control in unionized workplaces and complete unilateral control in nonunion workplaces is known as the

Blank 1: control Blank 2: gap

Reporting pay

Guarantees that employees will be paid for a specific number of hours, ideally four, if they come to work as scheduled but the employer does not have sufficient work

True or false: The unionized grievance procedure incorporates accepted standards of justice into the workplace.

T

Seniority as a determining factor

The employees of Lillak Corp. are minimally qualified for the position of general manager. Melissa gets promoted to general manager as she is the employee with greatest seniority. Among employees who are minimally qualified for the job, the employee with greatest seniority gets promoted.

The comprehensive work rules often seen in traditional union contracts are a natural reaction by organized labor to the _____ doctrine of management rights.

reserved rights

All management rights not explicitly limited, restricted, or modified by a union contract are reserved by management. This is part of the _____ of management rights.

reserved rights doctrine

Nonunion arbitration of grievances might provide less due process to employees than unionized grievance arbitration if _____.

there are limitations on how much information a grievant can collect from the company

Using the grievance procedure, union contracts grant employees the right to _____.

a fair hearing when there is a workplace problem

Seniority is popularly used in union contracts as a basis to _____.

assign employment opportunities

A rights arbitrator

A contract reader who interprets the prevailing terms and conditions of employment

The nearly universal method for resolving grievances over the interpretation, application, and enforcement of union contracts in U.S. labor relations is through a(n) Blank 1 of 2 Blank 2 of 2 that is negotiated into a contract.

Blank 1: grievance Blank 2: procedure

Union and agency shops

Right-to-work laws

Almost every U.S. union contract includes a grievance procedure in which employees are entitled to _____.

challenge managerial actions that they feel infringe their rights under the contract

The National Labor Relations Board (NLRB)

It is allowed to charge organizing expenses to employees in the same competitive market.

The courts

It is not allowed to charge general organizing expenses to employees.

In the context of employment, identify the true statements about seniority. (Check all that apply.)

It resonates with fundamental ideas of fairness. It is the duration of employment with an employer.

The fundamental component of formal nonunion dispute resolution procedures between an employee and management is an open-door policy that is formalized by stating a method for _____.

appealing the decision of the employee's immediate manager

Which of the following is part of an open-door policy in the dispute resolution systems in nonunion workplaces?

Employees who are dissatisfied by their managers' responses to their concerns and complaints are free to leave the job.

Which of the following is a job right?

Entitlement to a certain wage rate

True or false: In explaining employer opposition to unions, the wage gap is always more important than the control gap.

F

An agency shop

An employee is required to pay union dues after being hired in order to keep his or her job.

The process of interpreting, applying, and resolving conflicts regarding collective bargaining agreements is called _____.

contract administration

Seniority as a secondary factor

Daniel and many other employees of Sercato Inc. have relatively equal ability to fit the role of account manager. Daniel gets promoted to the account manager as he is the employee with greatest seniority. The employee with greatest seniority among those with relatively equal ability gets promoted.

True or false: In the context of the grievance procedure, arbitrators' decisions are independent of the common law of the workplace.

F

True or false: Nonunion systems that include a nonmanagerial decision maker have lower grievance filing rates than nonunion systems in which decisions are made by managers.

F

Which of the following are true about the decisions of the Steelworkers Trilogy? (Check all that apply.)

They give strong legal support to the grievance arbitration process. They are often cited as being directly accountable for the centrality of grievance arbitration in U.S. labor relations.

Why does the nonunion dispute resolution that involves an ombudsperson have the risk of favoring a company's interests over neutrality, confidentiality, and due process?

Because the ombudsperson is an employee of the company

Which of the following are true about dispute resolution in nonunion workplaces? (Check all that apply.)

Nonunion workplaces have typically lacked formal dispute resolution systems. Employees discuss their concerns and complaints with their supervisors.

An interest arbitrator

A contract writer who institutes new terms and conditions of employment

In the context of nonunion workplace dispute resolution, which of the following directly refers to an ombudsperson?

A neutral facilitator between employees and managers who aids them in resolving workplace disputes

In the federal sector, management rights clauses are stated by law by the _____.

Civil Service Reform Act

A closed shop

To counter the free-rider issue of bargaining unit members benefiting from the union without paying for it

True or false: Only union workers are entitled to Weingarten rights.

T

Which of the following refers to an employee's Weingarten rights?

An employee who believes that discipline will result from a meeting with management can demand that a union representative be present.

Workers need to pay only the amount of dues that goes toward collective bargaining and contract administration. This right to pay less than full union dues is called

Blank 1: Beck Blank 2: rights or right

Fill in the Blank Question Fill in the blanks to complete the sentence. In the context of the grievance procedure, the written rules and unwritten customs developed in each workplace by the union contract, intent of the negotiators, and past practices is called the Blank 1 of 2 Blank 2 of 2 of the workplace.

Blank 1: common Blank 2: law

ensures that a grievance procedure is fair and respects workers' rights when management ignores a union's arguments and evidence at each step of the procedure.

Blank 1: rights or grievance Blank 2: arbitration

A good works practices handbook

It is regularly modified to suit the requirements of labor and management, which is possible only by separating administration of rights from the collective bargaining agreement.

A labor-management contract

It states the fundamental rights of each party that are usually stable and involve conflicts of interest.

Seniority as a sole factor

Laura is the employee with the longest length of service at Sina Inc. She gets promoted to the position of quality control supervisor. The employee with the longest length of service gets the promotion.

Call-in pay

Primarily refers to situations in which employees are asked to come to work by the employer when the employer have sufficient work

Identify the labor union rights. (Check all that apply.)

Right to allocate exclusive bargaining agents Right to union security and dues checkoff clauses Right to appoint shop stewards

Which of the following are management rights? (Check all that apply.)

Right to institute production standards and rules of conduct Right to hire and fire people with just cause Right to decide job content and workforce size

Which of the following is a difference between interest arbitration and rights arbitration?

Rights arbitration places emphasis on rights disputes.

True or false: Contractual language for job rights is frequently most explicit in assuring certain tasks for skilled job classifications.

T

If grievance arbitration is an exercise in problem solving

The arbitrator is allowed to be creative in methods and solutions.

Identify the true statements about the open-door policy of formal nonunion dispute resolution in an organization. (Check all that apply.)

The decision makers are all members of management. Employees usually lack representation or assistance in presenting their grievances.

Worker advocates

The traditional emphasis of U.S. labor relations on detailed, legally enforceable contracts is criticized for lacking employee involvement.

Business advocates

The traditional emphasis of U.S. labor relations on detailed, legally enforceable contracts is criticized for preventing organizational flexibility.

Which of the following is a traditional union objective?

To replace arbitrary or discriminatory treatment of workers with an objective standard to ward off favoritism, manipulation, and abuse

Identify a statement that accurately explains the significance of labor unions.

Unions often compress the wage structure within a workplace by reducing the difference between lower- and higher-paid workers.

The management of Semona Inc. uses the seven tests of just cause to fire an employee. Which of the following are used by the firm as part of the test? (Check all that apply.)

Was the alleged violation completely investigated before discipline? Was the rule, order, or standard reasonably associated with employee performance?

The management of Lillas Corp. uses the seven tests of just cause to discipline an employee. Which of the following are used by the firm as part of the test? (Check all that apply.)

Was the worker given advance warning of the results of his or her conduct? Did the investigation disclose convincing proof of guilt? Was the employer's discipline nondiscriminatory?

Identify the cases in which nonunion arbitration of grievances might provide less due process to employees than unionized grievance arbitration. (Check all that apply.)

When the use of outside advocates such as attorneys is restricted When employees cannot afford several thousand dollars of arbitration expenses

The traditional emphasis of U.S. labor relations on detailed, legally enforceable contracts is _____.

criticized by both business advocates and worker advocates

The management of an organization usually has the freedom to institute whatever terms and conditions of jobs it desires and to discharge workers at any time under the _____.

employment-at-will doctrine

Unions have long sought to protect workers by limiting the absolute authority of the management of an organization that is granted by the _____.

employment-at-will doctrine

In the context of a union contract, if grievance arbitration is considered a judicial activity, the arbitrator's only responsibility is to _____.

interpret the contract