Union Ch 12 - Final

The Railway Labor Act (RLA) has jurisdiction over disputes between employees and employers in the railroad and ________ industries.

Airline

________ 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

________ 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 (c; Easy; p.431)

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.

If the ________ is passed, then the voluntary nature of interest arbitration in the private sector will change because the act provides for negotiations and mediation as the first step in the process and arbitration for those that fail to reach an agreement on their own.

Employee Free Choice Act

A tripartite arbitration board usually has one or more members of the NLRB, an equal number of members of the Federal Labor Relations Authority, and a neutral member who serves as chairperson.

False

According to the concept of double jeopardy, a person can be punished twice for the same offense based on the same conduct.

False

Mediation 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.

False

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

False

The Railway Labor Act (RLA) has jurisdiction over disputes between employees and employers in the railroad and shipping industry.

False

The common law of the shop is a recognition of the bargaining history of the two parties involved in the dispute.

False

Rights arbitration is also known as ________ arbitration.

Grievance arbitration

________ allows a panel to make a final and binding decision on a negotiation dispute and has been used in the public sector to resolve impasses.

Interest arbitration

________ is a process used to resolve an impasse in negotiations in which the parties submit the unresolved items to a neutral third party to render a binding decision.

Interest arbitration

Which of the following statutes governs the private sector arbitration of disputes?

Labor Management Relations Act

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 (a; Moderate; p.432)

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.

An arbitrator's written statement discussing the reasons for the decision in a particular case is known as the "arbitrator's ________."

Opinion

________ 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 statements is TRUE of rights arbitration?

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

Which of the following statements is TRUE of an arbitrator's award?

The arbitrator's awards are usually presented in written format.

Which of the following statements is TRUE of arbitrators?

The collective bargaining agreement can specify the education or technical training that arbitrators require.

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 will a disciplinary action taken by management be considered a disciplinary action that is based on a just cause?

The employee was given adequate warning as to the consequences of his conduct.

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 points should be kept in mind by an arbitrator while assessing credibility of witnesses?

The occupation or social class of a witness does not guarantee veracity.

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

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. (a; Hard; p.434)

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.

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

True

In the Steelworks Trilogy cases the Supreme Court held that the function of a court is limited to a review of whether the issue to be arbitrated is governed by the contract and unless the arbitrator's award is ambiguous, the courts should enforce it even if the court would not have decided the substantive issue in the same way.

True

Rights arbitration deals with the interpretation or application of current contract terms.

True

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

True

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

Which of the following is an optional step in the hearing procedure for the arbitration of a grievance?

a summation by the initiating party

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 is the first step in a hearing procedure for the arbitration of a grievance?

an opening statement by the initiating party

Which of the following is a responsibility of the Federal

and Conciliation Services' Office of Arbitration Services? maintaining a roster of arbitrators qualified to hear and decide labor questions in labor-management disputes

Rights arbitration refers to ________.

b. the interpretation and application of current contract terms (b; Easy; p.434)

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

c. Rights (c; Easy; p.434)

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

________ arbitration is also known as grievance arbitration.

d. Rights (d; Easy; p.434)

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.

d. United Steelworkers of America (d; Easy; p.432)

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

d. an employer should arbitrate grievances as provided for in a collective bargaining agreement (d; Moderate; p.435)

According to the concept of ________, a person cannot be punished twice for the same offense based on the same conduct.

double jeopardy

Ted was fined by his employer for soliciting support for the union during working hours on the factory floor. A week later, Ted was fired from his job for the same offence. Under which of the following principles could Ted be reinstated into the job?

double jeopardy

The ________ Act is also called the United States Arbitration Act.

federal arbitration

A sufficient or proper reason for which management has the right to discipline or discharge employees is known as a(n) ________.

just cause

A tripartite arbitration board is composed of ________ and a neutral member who serves as chairperson.

members selected by management and an equal number of members selected by union

Which of the following terms refers to the remarks made by an arbitrator that are irrelevant to the case brought to arbitration?

obiter dictum

A tripartite arbitration board usually has ________.

one or more members selected by management, an equal number of members selected by labor, and a neutral member who serves as chairperson

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

parole evidence

Which of the following factors should be taken into consideration while determining the arbitrability of a dispute?

the breadth of contractual issues

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

Which of the following is most likely to be included in the opening statement presented by a party during a hearing procedure for the arbitration of a grievance?

the relief sought by the party

In the Steelworks Trilogy cases the Supreme Court ________.

upheld the grievance arbitration process and limited judicial intervention