BUS 405 WK 9 Quiz 8 Chapter 11,12 - All Possible Questions To Purchase Click Link Below: http://strtutorials.com/BUS-405-WK-9-Quiz-8-Chapter-1112-All-Possible-Questions-BUS4058.htm
BUS 405 WK 9 Quiz 8 Chapter 11,12 - All Possible Questions TRUE/FALSE 1. Currently, management might have to submit a grievance to arbitration even if the labor agreement is no longer in effect and management has decided to close its operations. 2. Arbitrators are usually more liberal than the courts in the types of evidence permitted at the hearing. 3. Arbitration is one of the more traditional aspects of industrial relations since it was extensively used in the early 1800s. 4. 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. 5. Prehearing stipulations are joint union-management agreements as to the issues involved and certain grievance "facts" concerning the grievance. 6. The Steelworkers' "Trilogy" recognized the importance of the common law of the shop. 7. While arbitration is a common practice today, there are no universally applicable rules concerning arbitration hearings including number of participants and location. 8. 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. 9. Arbitrators often assess witness credibility through rather subjective measures, such as speaking softly or looking at their feet. 10. Past practice at a particular facility might add to the existing terms of the labor agreement or even alter clear and convincing contractual provisions. 11. The union and management officials own the arbitration hearing but the arbitrator is in
charge of it. 12. 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. 13. 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. 14. The burden of proof in a discharge rests with the employer, even though the union may have filed the grievance. 15. A major purpose in cross-examination is to reinforce the other party's testimony. 16. While arbitration has many procedural problems, delay is not one of them, since most arbitration cases are heard within 10 days after the request. 17. World War II increased the popularity of arbitration since many union and management officials realized that uninterrupted wartime production was essential. 18. The "repeat player" situation favors the individual employee. 19. 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. 20. 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. MULTIPLE CHOICE 1. The Supreme Court's Gardner-Denver decision: 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
2. Pre-hearing briefs: 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
3. Before World War II, the arbitrator's decision largely relied on: 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.
4. Employment arbitration: 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. 5. The National War Labor Board (NWLB): 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.
6. The Supreme Court Steelworkers’ Trilogy (1960) decisions in essence stated that: 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.
7. About ___ percent of the requests for arbitrator lists are made to the FMCS. a. 31 b. 26 c. 43 d. 58 e. 67
8. The Supreme Court's Lincoln Mills decision: 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.
9. An arbitrator's decision: 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
10. 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. 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
11. An "ideal" or good arbitrator's decision: 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 12. Surveys of arbitrators found that the majority of these individuals: 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.
13. The post-hearing brief: 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 14. The "common law of the shop" means that the arbitrator: 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
15. Arbitrators, unlike judges: 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.
16. The common law of the shop is derived from: 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
17. The "parole evidence" rule: 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
18. In 1955, the NLRB’s deferral to arbitration policy was formulated in the __________ case. a. Collyer b. Olin Corporation c. Spielberg Manufacturing Company d. United Agricultural Workers International e. none of these
19. The FMCS reports that the average length of time between the filing of a grievance and an arbitrator’s award is ________ days. a. 125 b. 93 c. 246 d. 315 e. 471
20. The Supreme Court's Misco decision: a. indicated that an arbitrator's decision can be overturned if it is contrary to an explicit, welldefined 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
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