Exam 15: Grievance Arbitration

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In discipline and discharge cases,requested relief is usually for the _____.

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C

_____ are appointed to hear only one case or set of cases.

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D

With the exception of _____ cases,the union presents its case first because it generally initiates grievances.

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D

Permanent umpires are less vulnerable when a militant union presents less meritorious cases than when a union saves arbitration for very important issues.

(True/False)
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If management confers a benefit but announces special circumstances each time it confers it,the employer does not establish a continuing practice.

(True/False)
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Arbitrator selection rates in interest cases are higher for arbitrators who are evaluated highly on attention to procedural justice issues.

(True/False)
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To prevent _____ and to reduce its caseload,the NLRB has adopted rules for deferring to arbitration when a contract violation and an unfair labor practice (ULP)are alleged simultaneously.

(Multiple Choice)
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One of the three basic protections for arbitration laid down by the Supreme Court is that the substance of grievances and their arbitrability are to be determined by courts,not arbitrators.

(True/False)
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Certain work practices or benefits may not be written in the contract but may have been applied so consistently that there is an understanding they will continue.If the prevailing conditions change and management decides to drop a practice,it must do so within a reasonably short time after the change to defend itself against _____ grievances.

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In the context of evidentiary rules,which of the following is true for cross-examination and confrontation?

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Settlement before arbitration is requested,but settlement after the hearing occurs more frequently when the parties' representatives are not attorneys.

(True/False)
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Which of the following is a protection clause for arbitration laid down by the Supreme Court in the context of the Steelworkers' trilogy?

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For cross-examination and confrontation in the arbitration process,hearsay cannot be accepted even if a direct witness declines to testify against a fellow employee.

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The American Arbitration Association (AAA)employs arbitrators on a full-time basis.

(True/False)
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What are the three basic protections for arbitration laid down by the Supreme Court in the Steelworkers' trilogy?

(Essay)
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Which of the following is true about rights arbitration?

(Multiple Choice)
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Which of the following observations concerning the Federal Mediation and Conciliation Service (FMCS)is true?

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The search for the "smoking gun" is an attempt to find _____.

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In 1977,the NLRB partially retreated from the _____ by limiting deferral to cases where the alleged ULP is not a Section 7 employee rights violation.

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The Steelworkers' trilogy protects a union's right to insist on arbitration and to have awards enforced without court review.

(True/False)
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