Question 1

Arbitrators often assess witness credibility through rather subjective measures,such as speaking softly or looking at their feet.

Accepted Answer

A) True 
 B)False

Question 2

Pre-hearing briefs:

Accepted Answer

A)  are nearly always used in arbitration. 
B)  might backfire for the presenting party. 
C)  often preferred by the grievant to guarantee a fair hearing. 
D)  are nearly always used in arbitration and often preferred by the grievant to guarantee a fair hearing. 
E)  none of these 
A)  are nearly always used in arbitration. 
B)  might backfire for the presenting party. 
C)  often preferred by the grievant to guarantee a fair hearing. 
D)  are nearly always used in arbitration and often preferred by the grievant to guarantee a fair hearing. 
E)  none of these

Question 3

Currently,management might have to submit a grievance to arbitration even if the labor agreement is no longer in effect and management has decided to close its operations.

Accepted Answer

A) True 
 B)False

Question 4

About ___ percent of the requests for arbitrator lists are made to the FMCS.

Accepted Answer

A)  31 
B)  26 
C)  43 
D)  58 
E)  67 
A)  31 
B)  26 
C)  43 
D)  58 
E)  67

Question 5

An arbitrator's decision:

Accepted Answer

A)  includes a statement of the issue. 
B)  includes a statement of the facts surrounding the grievance. 
C)  discusses the validity and relative weight of the facts and contentions. 
D)  includes the arbitrator's award. 
E)  all of these 
A)  includes a statement of the issue. 
B)  includes a statement of the facts surrounding the grievance. 
C)  discusses the validity and relative weight of the facts and contentions. 
D)  includes the arbitrator's award. 
E)  all of these

Question 6

The Steelworkers' "Trilogy" recognized the importance of the common law of the shop.

Accepted Answer

A) True 
 B)False

Question 7

The "common law of the shop" means that the arbitrator:

Accepted Answer

A)  is concerned with how the decision affects the parties to the labor agreement, even
Though that decision might be different from another company having a different
Labor agreement. 
B)  disregards the past practice and intent of the parties, relying entirely on the labor
Agreement. 
C)  relies on decisions obtained from other arbitrators and companies having different
Labor agreements to establish principles common to the overall industrial
Community. 
D)  all of these 
E)  none of these 
A)  is concerned with how the decision affects the parties to the labor agreement, even
Though that decision might be different from another company having a different
Labor agreement. 
B)  disregards the past practice and intent of the parties, relying entirely on the labor
Agreement. 
C)  relies on decisions obtained from other arbitrators and companies having different
Labor agreements to establish principles common to the overall industrial
Community. 
D)  all of these 
E)  none of these

Question 8

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.

Accepted Answer

A) True 
 B)False

Question 9

The arbitrator's professional responsibility provisions generated by the National
Academy of Arbitrators,the Federal Mediation and Conciliation Service,and the American Arbitration Association:

Accepted Answer

A)  prohibit the arbitrator from visiting the workplace site of the grievance. 
B)  allow an arbitrator to make an award public without the knowledge of the parties. 
C)  discourage the arbitrator from considering a post-hearing brief that has not been given to the other party. 
D)  all of these 
E)  none of these 
A)  prohibit the arbitrator from visiting the workplace site of the grievance. 
B)  allow an arbitrator to make an award public without the knowledge of the parties. 
C)  discourage the arbitrator from considering a post-hearing brief that has not been given to the other party. 
D)  all of these 
E)  none of these

Question 10

A major purpose in cross-examination is to reinforce the other party's testimony.

Accepted Answer

A) True 
 B)False

Question 11

The Supreme Court Steelworkers' Trilogy (1960)decisions in essence stated that:

Accepted Answer

A)  the courts are better qualified than the arbitrator to resolve an employee's grievance. 
B)  the arbitrator is better qualified than the courts to resolve an employee's grievance. 
C)  the issue of relative judicial or arbitration qualifications is irrelevant in the resolution of employee grievances. 
D)  all of these 
E)  the courts are better qualified than the arbitrator to resolve an employee's grievance and the issue of relative judicial or arbitration qualifications is irrelevant in the resolution of employee grievances. 
A)  the courts are better qualified than the arbitrator to resolve an employee's grievance. 
B)  the arbitrator is better qualified than the courts to resolve an employee's grievance. 
C)  the issue of relative judicial or arbitration qualifications is irrelevant in the resolution of employee grievances. 
D)  all of these 
E)  the courts are better qualified than the arbitrator to resolve an employee's grievance and the issue of relative judicial or arbitration qualifications is irrelevant in the resolution of employee grievances.

Question 12

An "ideal" or good arbitrator's decision:

Accepted Answer

A)  focuses on the losing party (the union or management presenter), addressing that
Individual's arguments. 
B)  is usually long, at least 50 pages. 
C)  is a somewhat personal, informal note to the grievant. 
D)  is given to the parties months after the hearing so they have had a chance to cool down. 
E)  none of these 
A)  focuses on the losing party (the union or management presenter), addressing that
Individual's arguments. 
B)  is usually long, at least 50 pages. 
C)  is a somewhat personal, informal note to the grievant. 
D)  is given to the parties months after the hearing so they have had a chance to cool down. 
E)  none of these

Question 13

The National War Labor Board (NWLB):

Accepted Answer

A)  encouraged the parties to carefully define the arbitrator's jurisdiction in the labor agreements. 
B)  increased the use of arbitration by actively encouraging the formation of labor unions at nonunion facilities. 
C)  served as a training ground for future arbitrators. 
D)  had the authority to place a party who refused to abide by the arbitrator's award in jail. 
E)  encouraged the parties to carefully define the arbitrator's jurisdiction in the labor agreements and served as a training ground for future arbitrators. 
A)  encouraged the parties to carefully define the arbitrator's jurisdiction in the labor agreements. 
B)  increased the use of arbitration by actively encouraging the formation of labor unions at nonunion facilities. 
C)  served as a training ground for future arbitrators. 
D)  had the authority to place a party who refused to abide by the arbitrator's award in jail. 
E)  encouraged the parties to carefully define the arbitrator's jurisdiction in the labor agreements and served as a training ground for future arbitrators.

Question 14

Arbitrators heavily weigh offers of a compromise grievance settlement before the arbitration hearing since this offer reveals the intent of one or both of the parties.

Accepted Answer

A) True 
 B)False

Question 15

While arbitration is a common practice today,there are no universally applicable rules concerning arbitration hearings including number of participants and location.

Accepted Answer

A) True 
 B)False

Question 16

Before World War II,the arbitrator's decision largely relied on:

Accepted Answer

A)  criminal convictions under the National Arbitration Act of 1902. 
B)  the National Labor Relations Board for enforcement. 
C)  persuasive and diplomatic capabilities of the arbitrator in forming a consensus opinion that both parties could accept. 
D)  public opinion. 
E)  the National Labor Relations Board for enforcement and criminal convictions under the National Arbitration Act of 1902. 
A)  criminal convictions under the National Arbitration Act of 1902. 
B)  the National Labor Relations Board for enforcement. 
C)  persuasive and diplomatic capabilities of the arbitrator in forming a consensus opinion that both parties could accept. 
D)  public opinion. 
E)  the National Labor Relations Board for enforcement and criminal convictions under the National Arbitration Act of 1902.

Question 17

The burden of proof in a discharge rests with the employer,even though the union may have filed the grievance.

Accepted Answer

A) True 
 B)False

Question 18

The Supreme Court's Lincoln Mills decision:

Accepted Answer

A)  suggested union and management officials look to mediation instead of arbitration as a means of resolving grievance disputes. 
B)  reversed the government's pro arbitration stance taken during World War II. 
C)  indicated that the federal courts should enforce agreements to arbitrate in the interest of industrial peace. 
D)  all of these 
E)  reversed the government's pro arbitration stance taken during World War II and suggested union and management officials look to mediation instead of arbitration as a means of resolving grievance disputes. 
A)  suggested union and management officials look to mediation instead of arbitration as a means of resolving grievance disputes. 
B)  reversed the government's pro arbitration stance taken during World War II. 
C)  indicated that the federal courts should enforce agreements to arbitrate in the interest of industrial peace. 
D)  all of these 
E)  reversed the government's pro arbitration stance taken during World War II and suggested union and management officials look to mediation instead of arbitration as a means of resolving grievance disputes.

Question 19

Employment arbitration:

Accepted Answer

A)  may be unilaterally implemented by the employer. 
B)  may occur in nonunion firms. 
C)  may occur in unionized firms. 
D)  all of these 
E)  may occur in nonunion firms and may be unilaterally implemented by the employer. 
A)  may be unilaterally implemented by the employer. 
B)  may occur in nonunion firms. 
C)  may occur in unionized firms. 
D)  all of these 
E)  may occur in nonunion firms and may be unilaterally implemented by the employer.

Question 20

Arbitrators,unlike judges:

Accepted Answer

A)  do not have to review the case in an objective fashion. 
B)  are hired by the parties. 
C)  have to consider the common law of the shop. 
D)  do not have to worry if the parties cannot live with the agreement. 
E)  are hired by the parties and have to consider the common law of the shop. 
A)  do not have to review the case in an objective fashion. 
B)  are hired by the parties. 
C)  have to consider the common law of the shop. 
D)  do not have to worry if the parties cannot live with the agreement. 
E)  are hired by the parties and have to consider the common law of the shop.

Arbitrators often assess witness credibility through rather subjective measures,such as speaking softly or looking at their feet.

Pre-hearing briefs:

Currently,management might have to submit a grievance to arbitration even if the labor agreement is no longer in effect and management has decided to close its operations.

About ___ percent of the requests for arbitrator lists are made to the FMCS.

An arbitrator's decision:

The Steelworkers' "Trilogy" recognized the importance of the common law of the shop.

The "common law of the shop" means that the arbitrator:

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.

The arbitrator's professional responsibility provisions generated by the National Academy of Arbitrators,the Federal Mediation and Conciliation Service,and the American Arbitration Association:

A major purpose in cross-examination is to reinforce the other party's testimony.

The Supreme Court Steelworkers' Trilogy (1960)decisions in essence stated that:

An "ideal" or good arbitrator's decision:

The National War Labor Board (NWLB):

Arbitrators heavily weigh offers of a compromise grievance settlement before the arbitration hearing since this offer reveals the intent of one or both of the parties.

While arbitration is a common practice today,there are no universally applicable rules concerning arbitration hearings including number of participants and location.

Before World War II,the arbitrator's decision largely relied on:

The burden of proof in a discharge rests with the employer,even though the union may have filed the grievance.

The Supreme Court's Lincoln Mills decision:

Employment arbitration:

Arbitrators,unlike judges:

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

Arbitrators often assess witness credibility through rather subjective measures,such as speaking softly or looking at their feet.

Pre-hearing briefs:

Currently,management might have to submit a grievance to arbitration even if the labor agreement is no longer in effect and management has decided to close its operations.

About ___ percent of the requests for arbitrator lists are made to the FMCS.

An arbitrator's decision:

The Steelworkers' "Trilogy" recognized the importance of the common law of the shop.

The "common law of the shop" means that the arbitrator:

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.

The arbitrator's professional responsibility provisions generated by the National Academy of Arbitrators,the Federal Mediation and Conciliation Service,and the American Arbitration Association:

A major purpose in cross-examination is to reinforce the other party's testimony.

The Supreme Court Steelworkers' Trilogy (1960)decisions in essence stated that:

An "ideal" or good arbitrator's decision:

The National War Labor Board (NWLB):

Arbitrators heavily weigh offers of a compromise grievance settlement before the arbitration hearing since this offer reveals the intent of one or both of the parties.

While arbitration is a common practice today,there are no universally applicable rules concerning arbitration hearings including number of participants and location.

Before World War II,the arbitrator's decision largely relied on:

The burden of proof in a discharge rests with the employer,even though the union may have filed the grievance.

The Supreme Court's Lincoln Mills decision:

Employment arbitration:

Arbitrators,unlike judges:

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