Exam 11: Labor and Employment Arbitration

The type of evidence which is typically given very little or no weight unless it is corroborated by other credible testimony is called:

One of the fundamental rules in labor arbitration is that,when the contract language is clear and unambiguous,the arbitrator must apply the language as it is written.

Pre-hearing briefs:

The perspective which often narrows the scope of arbitral decision to interpreting the labor agreement language and identifying the intent of the parties and any past practices of the union and management officials at a particular location is called the:

Labor arbitration first occurred in the United States in 1865,became popular before World War II.

The activities which include meeting with witnesses,contacting the opposite representative,preparation and arrangements of exhibits for evidence,and exploring settlement activities are called:

Arbitrators are usually more liberal than the courts in the types of evidence permitted at the hearing.

The document which is a written summation of the facts of the case,the relevant contract language,the arguments and counterarguments supporting positions,and the requested decision from the arbitrator is called the:

The approach used by arbitrators to render a decision wherein the arbitrator follows the sequence of events and explains what happened in "the story" and what should have happened is called the:

Even though an arbitrator has the legal authority to subpoena witnesses and documents,the arbitrator may not make an adverse inference if the subpoena is not complied with.

The rule which in its classic form,holds that evidence,oral or otherwise,should not be admitted for the purpose of changing or contradicting written language contained in the labor agreement is called:

In addition to interpreting ambiguous language or resolving problems not covered in the agreement,past practices may even alter clear and convincing contractual provisions.

The union has the burden of proof in disciplinary and discharge cases and the employer has the burden of proof in contract interpretation and application cases.

The traditional labor arbitration procedures are negotiated between the employer and the union,the representative of bargaining unit employees.

Both unions and companies have universally agreed that arbitration in the labor-management settings has advantages over litigation.

The 1955 case,where the NLRB honored an arbitration award that denied reinstatement to certain employees guilty of strike misconduct is called the:

The majority of parties involved in arbitration choose 2 or 3 impartial arbitrators.

When an employee is a repeat participant in the arbitration process,the employer has a distinct advantage over the employer.

Prehearing stipulations are joint union-management agreements as to the issues involved and certain grievance "facts" concerning the grievance.

World War II increased the popularity of arbitration since many union and management officials realized that uninterrupted wartime production was essential.