Question 1

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

Accepted Answer

A) True 
 B)False  True

Question 2

All things considered (time and expense involved),arbitration offers fewer advantages to the parties than other methods of grievance resolution,such as "pulling the pin" through sudden strike activity.

Accepted Answer

A) True 
 B)False  False

Question 3

Past practice at a particular facility might add to the existing terms of the labor agreement or even alter clear and convincing contractual provisions.

Accepted Answer

A) True 
 B)False  True

Question 4

Governmental agencies such as the EEOC and the NLRB can retain jurisdiction over an issue heard by an arbitrator and can modify an arbitrator's decision if it conflicts with their interpretation of public policy.

Accepted Answer

A) True 
 B)False

Question 5

The "parole evidence" rule:

Accepted Answer

A)  adheres to the "common law of the shop" principle and its related labor agreement language. 
B)  in essence ignores the many hours spent by the parties in negotiating the labor agreement. 
C)  enables the arbitrator to overturn clear labor agreement language. 
D)  applies to employees who are discharged for so-called criminal violations. 
E)  none of these 
A)  adheres to the "common law of the shop" principle and its related labor agreement language. 
B)  in essence ignores the many hours spent by the parties in negotiating the labor agreement. 
C)  enables the arbitrator to overturn clear labor agreement language. 
D)  applies to employees who are discharged for so-called criminal violations. 
E)  none of these

Question 6

The post-hearing brief:

Accepted Answer

A)  is legally required by the Supreme Court (Steelworkers' Trilogy). 
B)  must be filed by union officials, management officials, and the arbitrator after the
Hearing. 
C)  can be useful when the issue and/or related statistical evidence is technical and
Complicated. 
D)  must be filed by union officials, management officials, and the arbitrator after the
Hearing and can be useful when the issue and/or related statistical evidence is technical and complicated. 
E)  none of these 
A)  is legally required by the Supreme Court (Steelworkers' Trilogy). 
B)  must be filed by union officials, management officials, and the arbitrator after the
Hearing. 
C)  can be useful when the issue and/or related statistical evidence is technical and
Complicated. 
D)  must be filed by union officials, management officials, and the arbitrator after the
Hearing and can be useful when the issue and/or related statistical evidence is technical and complicated. 
E)  none of these

Question 7

Surveys of arbitrators found that the majority of these individuals:

Accepted Answer

A)  have a graduate or law degree. 
B)  are female. 
C)  are older-over 50 years old. 
D)  are young-under the age of 35. 
E)  have a graduate or law degree and are older-over 50 years old. 
A)  have a graduate or law degree. 
B)  are female. 
C)  are older-over 50 years old. 
D)  are young-under the age of 35. 
E)  have a graduate or law degree and are older-over 50 years old.

Question 8

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

Accepted Answer

A) True 
 B)False

Question 9

The Supreme Court's Gardner-Denver decision:

Accepted Answer

A)  resulted in trial courts overturning discrimination grievances heard by the arbitrators. 
B)  contended that the arbitrator's expertise pertains to labor agreement interpretation and not to resolving federal civil rights laws. 
C)  applies only to "reverse-discrimination" grievances (white employees having more seniority who are denied a promotion filled by a minority employee, for example). 
D)  all of these 
E)  none of these 
A)  resulted in trial courts overturning discrimination grievances heard by the arbitrators. 
B)  contended that the arbitrator's expertise pertains to labor agreement interpretation and not to resolving federal civil rights laws. 
C)  applies only to "reverse-discrimination" grievances (white employees having more seniority who are denied a promotion filled by a minority employee, for example). 
D)  all of these 
E)  none of these

Question 10

While arbitration has many procedural problems,delay is not one of them,since most arbitration cases are heard within 10 days after the request.

Accepted Answer

A) True 
 B)False

Question 11

Arbitration is one of the more traditional aspects of industrial relations since it was extensively used in the early 1800s.

Accepted Answer

A) True 
 B)False

Question 12

The "repeat player" situation favors the individual employee.

Accepted Answer

A) True 
 B)False

Question 13

The common law of the shop is derived from:

Accepted Answer

A)  intent of the parties. 
B)  labor agreement language. 
C)  past practices of union and management officials at a particular facility. 
D)  all of these 
E)  none of these 
A)  intent of the parties. 
B)  labor agreement language. 
C)  past practices of union and management officials at a particular facility. 
D)  all of these 
E)  none of these

Question 14

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

Accepted Answer

A) True 
 B)False

Question 15

The Supreme Court's Misco decision:

Accepted Answer

A)  indicated that an arbitrator's decision can be overturned if it is contrary to an explicit, well-defined public policy. 
B)  concerned an employee who was discharged for allegedly smoking marijuana. 
C)  reinforced the principles established in the earlier Steelworkers' Trilogy. 
D)  all of these 
E)  none of these 
A)  indicated that an arbitrator's decision can be overturned if it is contrary to an explicit, well-defined public policy. 
B)  concerned an employee who was discharged for allegedly smoking marijuana. 
C)  reinforced the principles established in the earlier Steelworkers' Trilogy. 
D)  all of these 
E)  none of these

Question 16

The union and management officials own the arbitration hearing but the arbitrator is in charge of it.

Accepted Answer

A) True 
 B)False

Question 17

The FMCS reports that the average length of time between the filing of a grievance and an arbitrator's award is ________ days.

Accepted Answer

A)  125 
B)  93 
C)  246 
D)  315 
E)  471 
A)  125 
B)  93 
C)  246 
D)  315 
E)  471

Question 18

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.

Accepted Answer

A) True 
 B)False

Question 19

In 1955,the NLRB's deferral to arbitration policy was formulated in the __________ case.

Accepted Answer

A)  Collyer 
B)  Olin Corporation 
C)  Spielberg Manufacturing Company 
D)  United Agricultural Workers International 
E)  none of these 
A)  Collyer 
B)  Olin Corporation 
C)  Spielberg Manufacturing Company 
D)  United Agricultural Workers International 
E)  none of these

Question 20

An arbitrator is not allowed to frame the wording of the grievance issue after the arbitrator has heard the evidence presented at the arbitration hearing.

Accepted Answer

A) True 
 B)False

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

All things considered (time and expense involved),arbitration offers fewer advantages to the parties than other methods of grievance resolution,such as "pulling the pin" through sudden strike activity.

Past practice at a particular facility might add to the existing terms of the labor agreement or even alter clear and convincing contractual provisions.

Governmental agencies such as the EEOC and the NLRB can retain jurisdiction over an issue heard by an arbitrator and can modify an arbitrator's decision if it conflicts with their interpretation of public policy.

The "parole evidence" rule:

The post-hearing brief:

Surveys of arbitrators found that the majority of these individuals:

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

The Supreme Court's Gardner-Denver decision:

While arbitration has many procedural problems,delay is not one of them,since most arbitration cases are heard within 10 days after the request.

Arbitration is one of the more traditional aspects of industrial relations since it was extensively used in the early 1800s.

The "repeat player" situation favors the individual employee.

The common law of the shop is derived from:

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

The Supreme Court's Misco decision:

The union and management officials own the arbitration hearing but the arbitrator is in charge of it.

The FMCS reports that the average length of time between the filing of a grievance and an arbitrator's award is ________ days.

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.

In 1955,the NLRB's deferral to arbitration policy was formulated in the __________ case.

An arbitrator is not allowed to frame the wording of the grievance issue after the arbitrator has heard the evidence presented at the arbitration hearing.

Union-Management Relationships in Perspective

Evolution of Labor Management Relationships

Legal Influences

Unions and Management: Key Participants in the Labor Relations Process

Why and How Unions Organized

Negotiating the Labor Agreement

Economic Issues

Administrative Issues

Resolving Negotiation Impasses and Contract Ratification

Contract Administration

Employee Discipline

Labor Relations in the Public Sector

Labor Relations in Multinational Corporations and in Other Countries

Filters

Exam 11: Labor and Employment Arbitration

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

All things considered (time and expense involved),arbitration offers fewer advantages to the parties than other methods of grievance resolution,such as "pulling the pin" through sudden strike activity.

Past practice at a particular facility might add to the existing terms of the labor agreement or even alter clear and convincing contractual provisions.

Governmental agencies such as the EEOC and the NLRB can retain jurisdiction over an issue heard by an arbitrator and can modify an arbitrator's decision if it conflicts with their interpretation of public policy.

The "parole evidence" rule:

The post-hearing brief:

Surveys of arbitrators found that the majority of these individuals:

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

The Supreme Court's Gardner-Denver decision:

While arbitration has many procedural problems,delay is not one of them,since most arbitration cases are heard within 10 days after the request.

Arbitration is one of the more traditional aspects of industrial relations since it was extensively used in the early 1800s.

The "repeat player" situation favors the individual employee.

The common law of the shop is derived from:

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

The Supreme Court's Misco decision:

The union and management officials own the arbitration hearing but the arbitrator is in charge of it.

The FMCS reports that the average length of time between the filing of a grievance and an arbitrator's award is ________ days.

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.

In 1955,the NLRB's deferral to arbitration policy was formulated in the __________ case.

An arbitrator is not allowed to frame the wording of the grievance issue after the arbitrator has heard the evidence presented at the arbitration hearing.

Union-Management Relationships in Perspective

Evolution of Labor Management Relationships

Legal Influences

Unions and Management: Key Participants in the Labor Relations Process

Why and How Unions Organized

Negotiating the Labor Agreement

Economic Issues

Administrative Issues

Resolving Negotiation Impasses and Contract Ratification

Contract Administration

Employee Discipline

Labor Relations in the Public Sector

Labor Relations in Multinational Corporations and in Other Countries

Filters