Deck 21: Special Support: Human Resources Arbitration and the Use of Consultants

Question 1

Arbitration may be voluntary or specified in a contract.

Answer 1

True

Question 2

Arbitration is used to resolve problems rather than simply stating or restating opinions.

Answer 2

True

Question 3

The choice of an arbitrator, as defined in a contract, does not limit options of individuals.

Answer 3

False

Question 4

Mediation is an alternative method used to resolve conflict.

Question 5

Arbitration uses rules of evidence and procedures that are as formal as those that are followed in trial courts.

Question 6

Arbitrators always work alone.

Question 7

Mediators are more commonly certified than are arbitrators.

Question 8

Arbitrators bound by precedent or rules of procedure.

Question 9

Arbitrators may visit sites outside of a hearing room, seek additional evidence, or call on expert witnesses.

Question 10

Unwritten decisions are never allowed in arbitration.

Question 11

Which is a true statement about arbitration?

A) Arbitration is conducted in a public forum so others will be aware of its proceedings.
B) It is useful in determining fault regarding disclosure.
C) In situations involving customers, goodwill may be damaged.
D) Arbitration usually saves time but is as expensive as a trial.

Question 12

Which correctly describes arbitration?

A) Critics argue that arbitration can be unfair to an individual in a dispute with a large organization.
B) Arbitration panels are usually balanced by having an even number of members.
C) The absence of legal representation is an advantage for individuals.
D) Arbitration proceedings are always public.

Question 13

Which statement about mediation is true?

A) It is a more formal process than arbitration.
B) A mediator has no power to impose a solution.
C) A mediated agreement is legally binding without a court order.
D) Mediation has formal rules of evidence and set procedures to follow.

Question 14

Which is a true statement about Human Resources arbitration?

A) Managers and employees find the varying outcomes of arbitration to be annoying.
B) HR arbitration does not promote compromise.
C) HR arbitration is usually specified as a component or option of a progressive discipline policy.
D) HR arbitration must be requested in each case and cannot be specified in a collective bargaining agreement.

Question 15

Which statement describes HR arbitration inaccurately?

A) All sides say that they have been fairly treated.
B) Both sides appreciate the speed of binding arbitration.
C) Everyone can save face.
D) One party usually gains more than the other party.

Question 16

When arbitration is binding, when can the decision of an arbitrator be challenged?

Question 17

Briefly describe the nature of an arbitrator's decision.

Question 18

Do arbitrators always render written decisions accompanied by explanations? If not, under what circumstances may an explanation decision be unwritten?

Question 19

What are the usual steps in an HR arbitration case?

Question 20

Engaging the services of a consultant is a form of outsourcing.

Question 21

Outsourcing is usually permanent while consulting is temporary.

Question 22

Outsiders are needed when no employee in an organization has the needed skills or knowledge.

Question 23

Consultants, like all people, have some organizational bias.

Question 24

Consultants usually receive benefits from a client.

Question 25

The expertise of a consultant may improve the credibility of an organization concerning a decision that has been made but experienced consultants view such a use as highly unethical.

Question 26

Process consultants have specific training or experience.

Question 27

Word of mouth is a good way to identify a prospective consultant.

Question 28

Non-competitive proposals should be identified and notified that their proposals have been rejected.

Question 29

Consultants are becoming less commonly used by organizations throughout the United States.

Question 30

Which inaccurately describes consultants?

A) Consultants have specialized knowledge.
B) Consultants have technical expertise.
C) Consultants have political connections.
D) Consultants have experience that can be brought to bear on a particular problem.

Question 31

Which statement concerning consultants is least true?

A) A consultant's advice is always perceived as superior.
B) Consultants are used to provide training for key employees.
C) Consultants can provide temporary leadership while an organization searches for a permanent employee.
D) A consultant can usually focus attention in a sufficiently clear manner that objectives are clarified and targets become more achievable.

Question 32

Concerning an organizational situation, which statement is true before a consulting engagement begins?

A) It is most important that the consultant clearly understand the nature of the services that will be provided.
B) Both organization and consultants should understand the nature of any products to be generated.
C) The cost of a consulting engagement may change as additional data is collected.
D) A consultant's schedule can vary, depending on other needs.

Question 33

Which cautions concerning consultants should be disregarded?

A) A consultant is an outside contractor that is usually engaged for a particular purpose or to achieve a specific objective.
B) Consultants can be used without establishing complete trust.
C) They should not be used when the qualifications of the consultant cannot stand up to external scrutiny.
D) All parties should strive to minimize or eliminate surprises.

Question 34

Which statement is true about consultants?

A) An associate consultant from the home office can be called upon to assist at any time.
B) Consultants should be able to request access to data that they need at any time.
C) The progress of a consultant should be regularly monitored.
D) Regular meetings simply generate revenue for consultants.

Question 35

Describe three advantages of using a consultant.

Question 36

Briefly define process consultants.

Question 37

How are process and expert consultants different?

Question 38

Who continues the work of an expert consultant at the conclusion of a consulting engagement?