Deck 9: Contract Clauses and Their Administration

Question 1

The concept of just cause means that employers may fire an employee only if there is an economic reason for doing so.

Answer 1

False

Question 2

Shop stewards are company employees that provide advice to union workers on matters such as interpretation of the contract and their rights in the workplace.

Answer 2

True

Question 3

Unionized employers typically provide better benefits and wages than nonunionized employers.

Answer 3

True

Question 4

A key criticism of the bureaucratic model of collective bargaining is that it allows too much flexibility and unpredictability in the workplace.

Question 5

Traditional U.S.union contracts provide strict guidelines for employers,but are not legally enforceable in the United States.

Question 6

Under the employment-at-will doctrine,employers are generally free to establish whatever terms and conditions of employment they desire.

Question 7

Bumping rights are a seniority provision in many union contracts which allow workers with greater tenure at a company to take the jobs of those with less seniority in the event of a layoff.

Question 8

Contract administration is a term used to describe interpreting,applying and resolving conflicts pertaining to collective bargaining agreements.

Question 9

Contract provisions that prevent the loss of union jobs by limiting an employer's right to send work to other employers are called subcontracting or outsourcing restrictions.

Question 10

In the U.S.it is generally believed that efficiency,equity,and voice are best attained using written rules enforced privately at the workplace level.

Question 11

U.S.Labor relations are set primarily by strike power,court orders,and public decision-making than by private administrations of contract terms.

Question 12

When workplace disputes arise in a unionized setting,employees are expected to pursue their concerns through a formal grievance procedure rather than through a strike.

Question 13

Today,nearly every union contract in the United States contains a grievance procedure to resolve allegations by employees and/or the union that the employer has violated the contract.

Question 14

Nearly every U.S.union contract contains a right-to-sue clause in which employees are entitled to file a legal challenge to managerial actions that they feel violate their rights under the contract.

Question 15

Workers seeking the protection of a union contract generally prefer workplace decisions that are guided by impartial rules such as seniority-based pay increases or promotions.

Question 16

Employers in the U.S.are generally required by contract to give union workers a valid,job-related reason for dismissal,just like they must for nonunion workers.

Question 17

Nearly every U.S.union contract contains a just cause clause protecting workers from arbitrary dismissal or discipline.

Question 18

Union contracts covering blue collar workers typically state the wage rate tied to the knowledge,skills,abilities,and performance of each individual holding the jobs.

Question 19

Layoffs in unionized settings are usually done by inverse seniority meaning the most senior employee is laid off first because they are more likely to be able to afford it.

Question 20

From the union perspective,the bureaucratic system of collective bargaining contracts may achieve stability at the expense of rank and file involvement and activism.

Question 21

The free rider problem is mainly an issue in union shops where employees often choose not to pay union dues even though the union is required to represent them.

Question 22

Nearly every public and private sector union contract in the U.S.has a grievance procedure to resolve disputes in contract interpretation and administration.

Question 23

The rights of workers to pay only that portion of union dues that is used for collective bargaining and contract administration are called "Beck rights."

Question 24

The union's duty of fair representation stems from a clause in the collective bargaining contract that requires the union to give each employee equal treatment.

Question 25

Superseniority is a term that is used to describe seniority rights given to supervisors.

Question 26

Because unions have a duty of fair representation,they must treat every grievance or complaint the same and purse each all the way to arbitration,if necessary.

Question 27

Under a union shop agreement,workers can be forced to pay dues and join the union.

Question 28

Unions usually give up rights to strike over grievances in exchange for a final and binding arbitration clause.

Question 29

The legal enforceability of an arbitrator's decision when a contract includes a binding arbitration clause was established by a series of Supreme Court cases known as the Beck doctrine.

Question 30

An arbitrator that specializes in hearing grievance disputes is called an interest arbitrator.

Question 31

After having signed a contract with a binding arbitration clause in it,an employer is legally bound to accept an arbitrator's decision on a particular issue even if they disagree with that decision.

Question 32

The rate at which employees file grievances against their employer is almost completely a function of how strong the union is

Question 33

Using the court system instead of a formal grievance process would likely speed up the resolution of workplace disputes and reduce costs.

Question 34

Due check-off clauses protect unions by decreasing the administrative burden of collecting union dues.

Question 35

A union is required by law to fairly represent any worker in the bargaining unit,including those that are not union members or those who pay only a partial fee.
Difficulty;Hard

Question 36

The key concern with nonunion grievance procedures is that they lack due process protections.

Question 37

The final step of most union grievance procedures is to appeal the decision to the NLRB.

Question 38

The reserved rights clause in a collective bargaining contract is aimed at preserving the union's right to represent the company's workers.

Question 39

Both grievants and supervisors involved in grievances are more likely to leave their jobs (either quit or be fired)than those who are not involved in grievances.

Question 40

If management wants to retain the right to make unilateral decisions about various aspects of the workplace such as work assignments or the ability to introduce new technology,they are required to state this in the contract.

Question 41

In making a decision about the merits of a particular grievance,the arbitrator's role is to set aside his own personal beliefs and simply interpret and apply the contract as it was written by the parties.

Question 42

Weingarten rights give union workers the right to have a union representative present at any disciplinary meeting as long as that representative does not prevent reasonable questioning of the employee by the employer.

Question 43

Joe Sloan has a reputation for being a poor performer who often shirks his responsibilities onto other employees.Joe has filed a complaint against his immediate supervisor,claiming that she did not following the union contract rules when she discharged him for insubordination.Even though Joe's union representative knows Joe is a poor performer and would prefer to see him dismissed,he is obligated by law to fairly represent him in the grievance process.

Question 44

Turnover is generally higher in unionized settings than it is in nonunionized settings.

Question 45

Arbitrators uniformly insist that strict rules of due process be adhered to when management investigates disciplinary actions at work.

Question 46

Over 90% of union contracts in the private sector specify that employees can be discipline and discharged for just cause only.

Question 47

Arbitration hearings are essentially court hearings where the traditional rules of evidence are strictly followed.

Question 48

The effect of a union contract is often to create wage compression.

Question 49

The concept of past practice is one where arbitrators use their own prior experience and decisions to help decide a particular arbitration case.

Question 50

It is a union's legal obligation to represent all workers within a bargaining unit fairly even if they are not dues-paying union members.

Question 51

Job satisfaction is usually higher in nonunionized settings than in unionized settings,after one accounts for differences in working conditions and workplace climate.

Question 52

The grievance arbitration process is about helping the parties to problem-solve their differences regarding the interpretation of the contract and not a judicial activity where the arbitrator uses existing law to interpret the contract.

Question 53

When making a determination as to whether an employee was justly or unjustly terminated,an arbitrator will generally apply a set of rules known as "the seven tests of just cause."

Question 54

A compulsory arbitration agreement is one in which an employer requires their employees to waive their right to sue over issues such as discrimination and sexual harassment as a condition of employment.

Question 55

An ombudsperson is a neutral person,employed by the company,who may investigate disputes but who is primarily concerned with helping management and the employee resolve their differences.

Question 56

The traditional approach to dispute resolution in nonunionized settings has been a modified grievance procedure ending in arbitration by a peer review panel.

Question 57

Productivity is higher in nonunionized companies than it is in unionized companies.

Question 58

Grievance procedures and arbitration are both criticized for being excessively legal,formal,and reactive,rather than proactive in trying to find ways to decrease the likelihood of future disputes.

Question 59

Nonunion grievance processes that end with a peer review as the final step have lower grievance filing rates than nonunion systems in which the final decision is made by a manager.

Question 60

Traditional grievance procedures are criticized for encouraging or allowing employees to become overly involved in workplace decision-making.

Question 61

The 4 major components of traditional U.S.union contracts include:

A)Employee rights
B)Management rights
C)Job Rights
D)Union rights
E)All of the above.

Question 62

Union contracts tend to clearly assign job responsibilities to various jobs so as to prevent all of the following except:

A)Expansion of job duties without a commensurate increase in pay
B)Union workers from shirking their responsibilities
C)Supervisors from doing union workers' job
D)Subcontracting and outsourcing of union jobs

Question 63

Unions tend to negotiate explicit job rights pertaining to work assignments for skilled workers because:

A)Their jobs are rarely outsourced
B)They are at greatest risk of having their job skills diluted.
C)They have the greatest bargaining power.
D)They are the most likely to complain.

Question 64

Just cause discipline and discharge,seniority rights,compensation,and grievance procedures are all examples of ____________________ granted in contracts.

A)employer rights
B)government requirements
C)employee rights
D)job rights

Question 65

Union contracts frequently specify ____________________ that management must fulfill.

A)discipline standards
B)seniority policies
C)layoff rules
D)all of the above

Question 66

Which of the following is not generally determined by seniority rights under a union contract:

A)Determination of which grievances will be pursued by the union.
B)Order of layoffs (last hired,first fired).
C)Bumping rights to grant more senior employees the right to lower level jobs during layoffs.
D)Allocation of promotions and transfers.

Question 67

Employees covered by a just cause clause have the right to insist that there be valid,____________________ reasons for being disciplined or fired.

A)union-specified
B)government-mandated
C)contract-related
D)job-related

Question 68

A rules-based approach to workplace justice was welcomed by unions because it fulfilled the union's need for:

A)Workplace Flexibility
B)Stability in the workplace
C)Discipline in the workplace
D)Avoiding wildcat strikes

Question 69

Compulsory or mandatory arbitration agreements are rarely legal in the U.S.

Question 70

The typical collective bargaining agreement covers a(n)_________________ period.

A)1 year
B)5 year
C)3 year
D)Open-ended.

Question 71

The bureaucratic model of detailed union contracts and quasi-judicial grievance procedures is criticized because:

A)It has not resulted in decreased conflict ending in strikes.
B)It encourages union member involvement and activism.
C)It increases the uncertainty of dispute resolution between the parties.
D)It inhibits flexibility and innovation.

Question 72

Sandy was scheduled to work an 8 hour shift on a Thursday afternoon and evening.When she arrived at work,her supervisor told her the shipment she was to process had not arrived and that she could go home.Under her union contract,Sandy was entitled to four hours of pay because she showed up for work as scheduled.This contract provision is called:

A)Reporting pay
B)Scheduled hours pay
C)Straight-time pay
D)Guaranteed hours pay

Question 73

Collective bargaining agreements are enforceable in federal court under:

A)The Steelworkers Trilogy
B)The Taft-Hartley Act
C)The Lincoln Mills doctrine
D)The National Industrial Recovery Act

Question 74

Colson Company's contract with Teamsters Local 59 specifies that supervisors are to make promotion decisions by selecting the most senior employee from a pool of qualified employees.The company is allocating promotions using:

A)Seniority as the sole factor
B)Seniority as a determining factor
C)Seniority as a secondary factor
D)Qualifications as the determining factor

Question 75

Once a union contract is in place,____________________ are disagreements over whether someone has been treated appropriately given the contract provisions in place..

A)rights disputes
B)interest disputes
C)bargaining conflicts
D)privilege challenges

Question 76

Another name for a rights dispute is a(n):

A)Interest dispute
B)Grievance
C)Economic dispute
D)Due process challenge

Question 77

A key job right that is protected by union contracts is the concept of pay based on:

A)The job itself
B)Knowledge and ability of the individual
C)Education level of the individual
D)Experience in the job

Question 78

A union recognition clause:

A)Can help unions maintain their strength.
B)States that the employer recognizes the union as the exclusive bargaining agent for the bargaining unit.
C)States whether the bargaining unit will be a union shop or an agency shop.
D)A and b only.
E)All of the above.

Question 79

What percentage of union contracts specify that employees can only be disciplined or discharged for just cause?

A)Under 10%
B)Under 25%
C)About 60%
D)Over 90%

Question 80

Which of the following statements is true?

A)The number of grievances that reach the final state of arbitration is very small
B)Most grievances cannot be resolved by the parties alone and must be decided by an arbitrator
C)About half of all grievances end in arbitration
D)Most grievances are resolved with the help of a mediator