Deck 10: Contract Administration

Question 1

A common union tactic is to file several grievances over a particular issue to set the stage for future negotiations.

Answer 1

True

Question 2

Fortunately for union and management officials the courts have given rather clear guidelines and measures of "fair representation" and "union negligence."

Answer 2

False

Question 3

Employees file grievances for only one reason: to protest a contract violation.

Answer 3

False

Question 4

In nonunion settings, the authority of managerial policies and actions often goes unchallenged.

Question 5

Management should deny an employee's grievance if they believe the employee is merely trying to get something for nothing.

Question 6

Reducing grievances to writing usually increases the number of grievances since employees typically enjoy the paid time it takes to write a grievance as well as a chance to display their writing skills.

Question 7

Employees seldom file a grievance to protest a contractual violation since negotiators are usually concerned about the precision of every labor agreement provision.

Question 8

"Codified relationship" encourages the union steward to bypass the first line supervisor in the grievance process.

Question 9

"Power relationships" can include the union's threat to file additional (real or bogus) grievances against a particular first line supervisor.

Question 10

Employees who claim breach of fair representation are entitled to a jury trial if monetary losses (backpay) are claimed.

Question 11

Unions are required to take each member's grievance to arbitration to satisfy its duty of fair representation.

Question 12

Regardless of motives for filing grievances, management must process them through the grievance procedure specified in the contract.

Question 13

Grievance mediation is a process in which an outside neutral assists the parties in resolving grievances prior to arbitration.

Question 14

Reducing grievances to writing can help establish a written record of precedents that can aid in future grievance resolution.

Question 15

The third and one-half step in the grievance procedure is settled "without prejudice to either party's position," thereby increasing the likelihood of subsequent grievances on the issue.

Question 16

An important principle of contract administration is that the first-line supervisor and union steward are organizational "equals" in grievance handling.

Question 17

The union's fair representation obligation requires the union to take a grievance to arbitration if the grievant so requests.

Question 18

A disadvantage of the written grievance is that it usually increases emotions since an employee cannot be talked out of the issue once his or her name is signed on the grievance form.

Question 19

A union fulfills its fair representation obligation if it demonstrates that it considered the interests of all its members and takes its ultimate position honestly, in good faith, and without hostility or arbitrary discrimination.

Question 20

Employers are not typically concerned about the fair representation issue since the union assumes full liability when it breaches this obligation.

Question 21

A(n) _________-relationship can occur when the union steward believes that grievances are "red flags" or indicators of poor supervision.

A) "empathetic"
B) "power"
C) "codified"
D) "dependent"
E) none of these

Question 22

In fair representation cases, the burden of proof to establish a violation is on:

A) the union.
B) the employee.
C) the employer.
D) the government.
E) the industrial relations representative.

Question 23

Binding decision by a third-party neutral. Which step of a typical grievance procedure is this an example of?

A) second step
B) first step
C) mediation
D) third step
E) fourth step

Question 24

Employee discusses grievance with or without the union steward. Which step of a typical grievance procedure is this an example of?

A) second step
B) first step
C) arbitration
D) third step
E) fourth step

Question 25

A(n) __________ can occur when one party (usually the union steward) has superior knowledge of the labor agreement over another (usually the first line manager).

A) "empathetic" relationship
B) "power" relationship
C) "codified" relationship
D) "dependent" relationship
E) none of these

Question 26

Grievance trading:

A) occurs just prior to arbitration.
B) occurs before the first step in the grievance procedure.
C) occurs after the first step and before the second step in the grievance procedure.
D) occurs after the second step and before the third step in the grievance procedure.
E) occurs after the fourth step in the grievance procedure.

Question 27

The third and one-half step in the grievance procedure:

A) encourages supervisors to resolve grievances at the lower level.
B) gives an arbitrator two separate chances to hear the grievance.
C) discourages the union from filing grievances.
D) all of these
E) none of these

Question 28

Which of the following might indicate that unions have not fulfilled their fair representation obligations?

A) providing inadequate defense of the grievant at an arbitration hearing
B) delaying grievance processing until the time limits in the grievance procedure have expired
C) failing to inform the grievant that the union (without the grievant's knowledge)
Accepted a different remedy than that asked for by the grievant
D) all of these
E) providing inadequate defense of the grievant at an arbitration hearing and delaying grievance processing until the time limits in the grievance procedure have expired

Question 29

The realization by first line supervisors and union stewards that they both occupy marginal positions can result in:

A) codified relationships.
B) empathetic relationships.
C) alienated relationships.
D) power relationships.
E) codified power relationships.

Question 30

The union steward and first-line supervisor both compete for the grievant's attention. Which one of the following relationships between the union steward and the first line supervisor best applies?

A) "empathetic" relationship
B) "power" relationship
C) "codified" relationship
D) "dependent" relationship
E) none of these

Question 31

Grievance procedures in nonunion firms:

A) are non-existent.
B) do not frequently have an employee's grievance decided by a third-party neutral.
C) usually have arbitration as its final step.
D) permit the use of wildcat strikes among dissatisfied employees.
E) usually have arbitration as its final step and permit the use of wildcat strikes among dissatisfied employees.

Question 32

The second step grievance answer is usually furnished by the:

A) union steward.
B) the industrial relations representative.
C) first-line supervisor.
D) the plant manager.
E) the international union representative.

Question 33

A(n) _____________ relationship would feature union stewards presenting their grievances directly to the first line supervisor in the first step.

A) "empathetic"
B) "power"
C) "codified"
D) "dependent"
E) none of these

Question 34

Only ____ percent of collective bargaining agreements contain mediation as a step in the grievance procedure.

A) 4
B) 9
C) 26
D) 55
E) 78

Question 35

A supervisor who believes an employee's grievance is not a contractual violation should:

A) assist the employee in writing the grievance so that it conforms to the specifications of the grievance form and the labor agreement.
B) accept the employee's grievance, then answer the grievance in accordance with provisions of the labor agreement.
C) refuse to accept the employee's grievance.
D) consult with the union shop steward and demand proof of a contractual violation.
E) consult with the company's labor attorney before accepting the grievance.

Question 36

First line supervisor answers employee grievance in writing. Which step of a typical grievance procedure is this an example of?

A) second step
B) first step
C) arbitration
D) third step
E) fourth step

Question 37

____________ introduces the labor relations and international union representative.

A) second step
B) first step
C) arbitration
D) third step
E) fourth step

Question 38

The _________ of a typical grievance procedure usually introduces the industrial relations representative and the union grievance committee person into the grievance procedure for reasons of precedence.

A) second step
B) first step
C) arbitration
D) third step
E) fourth step

Question 39

A _________ relationship can occur between the union steward and the first line supervisor are aware of and guided by the other's situation.

A) "empathetic" relationship
B) "power" relationship
C) "codified" relationship
D) "dependent" relationship
E) none of these

Question 40

A Supreme Court decision related to judicial examination of union performance stressed that:

A) judges should give "wide latitude" to union officials to perform their duties.
B) stiff fines will be paid by anyone associated with a fair representation violation.
C) arbitrators are better than the courts in assessing breaches of fair representation.
D) all of these
E) arbitrators are better than the courts in assessing breaches of fair representation, but stiff fines will be paid by anyone associated with a fair representation violation.