Deck 14: Contract Administration

Question 1

Employers can sue individual union members for breach of contract for violating a no-strike clause.

Answer 1

False

Question 2

Presenting grievances in an informal oral manner prevents supervisors and stewards from reaching a quick solution before a written record is established.

Answer 2

False

Question 3

Personnel assignment grievances most often concern which job classification is entitled to perform certain work.

Answer 3

False

Question 4

If the union does not make a timely demand,the dispute may no longer be arbitrable.

Question 5

Fair representation is a defined issue in which the rights and duties of those involved are completely spelled out.

Question 6

Settlement before arbitration is lower where units are larger and where more grievances are filed.

Question 7

Most contracts allow supervisors to perform production work during an employee's absence.

Question 8

Supervisory style rarely affects grievance rates and their disposition.

Question 9

Grievance mediation tends to shift the focus from a problem-solving mode toward a "rights" orientation.

Question 10

The NLRB and courts seldom assert jurisdiction over the merits of grievances.

Question 11

The industrial relations (IR)representative has the power to apply and create precedents in grievance procedures in routine situations.

Question 12

Arbitrators who hear cases involving grievances against discipline for refusing to perform unsafe work tended to rule narrowly when upholding a worker's right to refuse.

Question 13

Outsourcing is a form of subcontracting.

Question 14

Fractional bargaining affects an establishment in the same way that an employer with multiple bargaining units suffers a reduction in bargaining power.

Question 15

Before discipline is imposed for a rule violation,the employer needs to conduct an investigation to gather evidence showing that the employee(s)suspected were highly likely to have violated the rule.

Question 16

Unions gain bargaining power by shaping employee complaints so that they fit a clear grievance category.

Question 17

Teams have the authority to adjust grievances within the teams.

Question 18

According to Supreme Court rulings on fair representation,individuals can require that a union process a grievance to arbitration.

Question 19

In conventional contract administration,the management takes the initiative in contract administration.

Question 20

The Norris-La Guardia Act prohibits injunctions against lawful union activity,which includes strikes.

Question 21

Stewards who resolve grievances at lower levels are less frequently reelected.

Question 22

Most contracts forbid supervisors to perform production work except when _____.

A) the union asks him to do so
B) the supervisor can perform the work more efficiently
C) an employee is absent
D) demonstrating the job to a new employee

Question 23

Grievance resolution provides information to help resolve subsequent cases at lower levels.

Question 24

A steward's personality plays a role in grievance resolution.

Question 25

Employees who frequently grieve always have better work outcomes.

Question 26

Hours grievances involve _____.

A) work schedules
B) promotions
C) incentives
D) job transfers

Question 27

Personnel assignment grievances most often concern _____.

A) LCAs
B) promotions
C) discipline
D) incentives

Question 28

_____ grievances most often concern promotions,layoffs,transfers,and shift assignments.

A) Discipline
B) Incentive based
C) Working condition
D) Personnel assignment

Question 29

Many employment practices are not written into contracts,but unions consider them to be obligations.These are called _____.

A) work assignment practices
B) hours of work issues
C) subcontracting issues
D) past practices

Question 30

_____ is a form of subcontracting.

A) Work assignment
B) Outsourcing
C) Arbitration
D) Fractional bargaining

Question 31

Which of the following is one of the most frequently disputed issues in contract administration?

A) Reduced productivity
B) Individual personnel assignments
C) Discipline imposed for infractions of rules
D) Inappropriate product quality

Question 32

Arbitrators who hear cases involving grievances against discipline for refusing to perform unsafe work tended to rule for an employee _____.

A) even if there was insubordination
B) if the employee was disloyal
C) if the employee reported the danger
D) if the manager was not at fault

Question 33

Which of the following observations is consistent with conventional contract administration?

A) The union takes the initiative in contract administration.
B) The union determines how it will operate facilities.
C) The union reacts if it senses a result is inconsistent with its contract interpretation.
D) The employer files a grievance when a worker allegedly violates the contract.

Question 34

_____ covers disputes that occur over which job classification is entitled to perform certain work.

A) Incentives
B) Work assignment
C) Discipline
D) Working conditions

Question 35

PowerTools provides cafeteria food services below cost to its workers.Faced with cost reduction pressures,the company was forced to close the cafeteria.The employee union protested this move even though there was no mention in the contract about providing food services.This is an example of a(n)_____ issue.

A) work assignment
B) outsourcing
C) subcontracting
D) past practice

Question 36

Which is the area in which employees might be justified in unilaterally refusing a work assignment they have a valid reason to believe could lead to injury?

A) Work schedules
B) Working conditions
C) Individual personnel assignments
D) Production standards

Question 37

When an employee has repeatedly breached rules and been disciplined and the employee's behavior does not change,employers and unions may implement a _____ in an attempt to save the employee's job.

A) last chance agreement
B) preliminary agreement
C) verbal agreement
D) live agreement

Question 38

Which of the following is true about discipline?

A) Discipline is imposed for violations of union rules and not employer rules.
B) If violations are less than the threshold for requiring punishment,discipline is imposed.
C) Employers use discipline to deter employees from behavior that would damage the employers' performance.
D) It is not mandatory for employers to observe employees who behave unsatisfactorily and violate rules so that discipline can be imposed on them.

Question 39

Very low grievance rates might indicate less monitoring and enforcement by management.

Question 40

Which of the following is true about last chance agreements?

A) They do not allow any scope for negotiation.
B) They do not permit being unilaterally imposed by the employer.
C) They are always excluded in an arbitrator's decision at the final step.
D) They save union resources on having to defend members who chronically violate rules.

Question 41

When do settlements take longer?

A) When bargaining units are small
B) When the union does not require written grievances
C) When both parties follow procedures closely
D) When a supervisor's contractual knowledge is high

Question 42

Which of the following is true of grievance mediation?

A) It typically allows the parties to uncover and deal with the real reason for the conflict.
B) It tends to increase the likelihood of settlements at lower levels.
C) It tends to shift the focus from a problem-solving mode toward a "rights" (who wins)orientation.
D) It is typically used for discharge grievances and those involving financial claims of more than $5,000.

Question 43

Which of the following leads to higher-level settlements of grievances?

A) High costs
B) Smaller bargaining units
C) High steward knowledge of the contract
D) Rigid procedural rules

Question 44

Which of the following is true about grievance procedures?

A) Supervisors and stewards usually understand the contract well.
B) Presenting grievances in an informal oral manner generally prevents supervisors and stewards from reaching a quick solution before a written record is established.
C) Individual employees may also file grievances if the contract has such a procedure,but they generally do not,depending on which union represents them.
D) In the absence of a grievance procedure,the employee is not entitled to file grievances individually.

Question 45

The _____ prohibits injunctions against lawful union activity,which includes strikes.

A) Wagner Act
B) Norris-La Guardia Act
C) Taft Hartley Act
D) Sherman Antitrust Act

Question 46

Which of the following tends to shift the focus from a "rights" orientation toward a problem-solving mode?

A) Strikes
B) Grievance mediation
C) Lockouts
D) Boycotts

Question 47

Which of the following is true about methods of dispute resolution?

A) Strikes are used by the union to pressure management to grant requested relief,except in situations where a no-strike clause has not been negotiated.
B) Strikes are least likely where time is of the essence.
C) Unions in the building trades usually avail themselves of arbitration due to the short periods their members work for a given employer.
D) Arbitration is used sparingly by both parties.

Question 48

Which of the following is true about the grievance procedure?

A) In grievance settlement procedures,the stewards are very familiar with the contract,while the plant industrial relations representative is not.
B) In routine cases,the company allows the IR representative to apply and create precedents.
C) The plant industrial relations representative is generally not aware of how previous grievances have been settled.
D) If a grievance has major precedent-setting implications or involves potentially major costs but may have merit,the IR representative never denies it.

Question 49

The _____ enables represented employees to grieve directly to employers.

A) National Industrial Recovery Act
B) Norris-La Guardia Act
C) Taft Hartley Act
D) Sherman Antitrust Act

Question 50

Satisfaction with outcomes of the grievance procedure was negatively related to _____.

A) issue importance
B) union success rate
C) size of the unit
D) resolution rate

Question 51

______ is the term applied to the vigor and equality of the union's advocacy,not necessarily its competence.

A) Grievance mediation
B) Fractional bargaining
C) Fair representation
D) Umpiring

Question 52

Which of the following is true about wildcat strikes?

A) They are particularly prevalent in coal mining.
B) They do not violate the contract.
C) They refer to strikes that take place if a no-strike clause coupled with the opportunity for binding arbitration has not been negotiated.
D) They are authorized by the parent national union.

Question 53

When a grievance is unresolved even after presenting it to the industrial representative,the parties submit the dispute to a(n)_____ who hears evidence from both sides and renders an award.

A) international union representative
B) arbitrator
C) mediator
D) union steward

Question 54

Which of the following is true of the time involved in grievance resolutions?

A) If the union does not make a timely demand,the dispute may no longer be arbitrable.
B) If arbitration is demanded,the time frame is more rigid.
C) While an unresolved dispute could conceivably be arbitrated in two months or less,the time lapse is usually considerably shorter.
D) Settlements take shorter time where bargaining units are large.

Question 55

Since the 1980s building trades unions and contractors have often negotiated _____ prior to bidding on major projects.

A) live agreements
B) project labor agreements
C) managed agreements
D) last chance agreements

Question 56

Which of the following is true of discipline for wildcat strikes?

A) Even if a union demands that its members return and they fail to obey,they are not subject to employer retaliation.
B) Employers can sue individual union members for breach of contract for violating a no-strike clause.
C) Where a union defies an injunction to return to work,it may be found in contempt of court and fined.
D) If a wildcat strike is in violation of a no-strike clause,it would still be protected.

Question 57

In the first step in the grievance procedure,an employee who believes the company has violated the contract complains to the _____,who may accept or assist in writing up a grievance.

A) local negotiating committee
B) arbitrator
C) union steward
D) industrial relations representative

Question 58

If grievance settlements are denied initially,the steward presents the grievance to a(n)_____.

A) international union representative
B) arbitrator
C) mediator
D) plant industrial relations representative

Question 59

The permanent arbitrator mentioned in a contract is also known as a(n)_____.

A) mediator
B) umpire
C) steward
D) representative

Question 60

Which of the following is true about arbitration as a method of dispute resolution?

A) It is used very frequently.
B) The process is inexpensive.
C) The process takes time.
D) There is no time lag between the grievance and its resolution.

Question 61

What advantage does a steward have over a supervisor in large plants?

Question 62

Because most grievances concern an individual employee or a single work group and relate only to one or a few contract terms,tactics aimed at modifying the way the contract is administered are referred to as _____.

A) grievance mediation
B) fractional bargaining
C) fair representation
D) umpiring

Question 63

Which of the following stewards are more likely to be reelected?

A) Stewards who file less grievances
B) Stewards who resolve grievances at lower levels
C) Stewards who take less time with grievances
D) Stewards who are partial to the management

Question 64

What is outsourcing?

Question 65

What is fractional bargaining? How does factional bargaining affect establishment?

Question 66

What are project labor agreements?

Question 67

Which of the following is true about individual union members' grievances?

A) In grieving,an individual member exercises a voice to express dissatisfaction or to take advantage of an opportunity for gain that a specific situation,might allow.
B) Workers in high-paying jobs or those with few alternative job opportunities are less likely to use the grievance process and more likely to be absent or quit.
C) Factors relating to perceived union effectiveness,poor or changing working conditions,or the openness of the supervisor influence grievance-filing behavior.
D) Aspects of the work environment appear to interact with race and gender but do not influence grievance activity.

Question 68

How does fractional bargaining pose problems for the union?

Question 69

Which of the following is true of fractional bargaining?

A) It affects an establishment in the same way that an employer with multiple bargaining units suffers a reduction in bargaining power.
B) It never poses problems for the union as there is never any instance of one critical group winning grievances that others fail to achieve.
C) When an employee has repeatedly breached rules and been disciplined and the employee's behavior does not change,employers and unions resort to fractional bargaining.
D) They save union resources on having to defend members who chronically violate rules.

Question 70

How does the union steward's personality play a role in grievance resolution?

Question 71

The negotiation and ratification of a contract by the bargaining unit creates a(n)_____ equilibrium.

A) employment
B) management relations
C) union relations
D) divisional

Question 72

Which of the following is true about stewards?

A) The steward's personality has no role in grievance resolution.
B) In large plants,the steward has an advantage over the supervisor.
C) Higher grievance rates are related to experienced stewards.
D) Stewards never solicit grievances looking for potential contract violations.

Question 73

Higher grievance rates are positively related to all of the following EXCEPT _____.

A) experienced stewards
B) union policies that influence grievance filing
C) periods close to negotiations
D) political choice within the union

Question 74

Which of the following is a principle derived from Supreme Court decisions on fair representation?

A) Employees do not have the right to have contract terms enforced to their benefit.
B) An employee has the right to insist on a personal interpretation of a contract term.
C) Individuals can require that a union process a grievance to arbitration.
D) Individuals should have a grievance decided on its own merits.

Question 75

Studies on personalities of stewards reveal that higher grievance activity levels are positively related to _____.

A) higher company commitment
B) high job satisfaction
C) lower needs for achievement
D) higher union commitment

Question 76

What are the possible positions concerning individual rights under collective bargaining agreements?

Question 77

When management and union representatives approach grievance resolution in a cooperative relationship,they are better able to achieve _____.

A) zero-sum solutions
B) closed-minded solutions
C) integrative resolutions
D) distributive resolutions

Question 78

Supreme Court decisions on fair representation yield six principles.What are they?

Question 79

Discuss three methods for choosing an arbitrator.

Question 80

What tools do employers have to counteract a wildcat strike?