Deck 12: The Arbitration Process

Question 1

The Lincoln Mills case clarified the role of the courts in grievance arbitration by stating:

A) The agreement by a union to arbitrate disputes is an agreement not to strike over such disputes.
B) Section 201 of the Lincoln-Haft Act was intended to provide support for binding arbitration through the courts.
C) The courts should not be involved in overruling arbitration decisions.
D) The mediators should not be involved in overruling arbitration decisions.

Answer 1

A

Question 2

The significant aspects of the Steelworkers Trilogy cases did not contain which of the following?

A) Interpretation of the agreement is for the arbitrator, not the courts.
B) The courts should not weigh the merits of a grievance when the contract calls for an arbitrator to do so.
C) The arbitrator's source of law is limited to the expressed provisions of the contract.
D) Industry practice is part of the agreement, although not expressed in it.

Answer 2

C

Question 3

Which of the following is generally not true of the arbitration process in labor relations?

A) About half of all agreements provide for arbitration of grievances.
B) Arbitration as a last step is provided for in the agreement.
C) If one party requests the arbitration of a grievance, both must abide by the arbitrator's decision.
D) The selection of an arbitrator is specified in the agreement.

Answer 3

A

Question 4

In the United States, which qualification is legally required of arbitrators?

A) Bachelor's degree in related field
B) Law degree
C) Five years' experience as an attorney
D) Arbitrators are not required to have any specific educational or technical training.

Question 5

The purpose of seniority is to:

A) Provide maximum security to workers with the longest continuous service.
B) Provide job security to union leaders.
C) Provide maximum security to older employees.
D) Provide a "perk" to the most meritorious employees.

Question 6

Which of the following penalties should be given to an employee with a good six-year work history who did not show up or call in two consecutive working days? The labor agreement provides for four levels of penalties: written warning, written warning and loss of seniority, one-week suspension without pay, and termination.

A) Written warning
B) Written warning and loss of seniority
C) One-week suspension without pay
D) Termination

Question 7

In which situation would it be least likely for an employee's seniority to be broken?

A) The employee is discharged.
B) The employee is on military leave.
C) The employee is laid off for six years.
D) The employee fails to report to work for one week without reason.

Question 8

Medication is generally the same as _____.

A) Arbitration
B) Fact-finding
C) Court hearing
D) Conciliation

Question 9

Which of the following factors will not often be used by arbitrators in deciding a grievance?

A) Credentials of the representatives of the parties
B) Contract language
C) Other arbitration awards
D) Past practice

Question 10

In general, the question of whether the union and management have agreed to arbitration is decided by , while the question of whether a particular grievance is arbitrable is decided by .

A) Labor; management
B) A court; arbitrator
C) Management; labor
D) An arbitrator; a court

Question 11

The ________ is the arbitrator's decision in the grievance case.

A) Arbitrability
B) Arbitrator's opinion
C) Award
D) Rules of evidence

Question 12

The power to determine whether arbitration is proper, the breadth of contractual issues, and whether any other issues limit the ability of an arbitrator to resolve a dispute may be called:

A) Arbitrability.
B) Arbitrator's opinion.
C) Tripartite arbitration board.
D) Rules of evidence.

Question 13

The most common employee discipline disagreement which goes to arbitration involves:

A) Termination.
B) Just cause.
C) Suspension.
D) Alcoholism.

Question 14

In comparison to the court process, the arbitration of grievances:

A) Is slower.
B) Is more expensive.
C) Favors court judges over individuals.
D) Is accepted by labor and management.

Question 15

Which of the following is not part of the American Arbitration Association AAA) arbitration selection process?

A) The AAA provides a list of proposed arbitrators to both parties.
B) Both parties are allowed to cross off names they object to.
C) Additional lists are not able to be released.
D) The AAA will make an administrative appointment if necessary.

Question 16

Which of the following is not a common absenteeism control measure found in contracts?

A) Employee call-in to give notice.
B) Daily attendance records maintained by employees.
C) Termination based on excessive absenteeism.
D) Progressive discipline for excessive absenteeism.

Question 17

The arbitrator's decision in a case is usually expressed as an):

A) oral award.
B) written award and opinion.
C) oral opinion.
D) written opinion and oral award.

Question 18

Which of the following would an arbitrator most likely consider lacking "just cause" for disciplining an employee?

A) An employee who broke safety regulations as written in the handbook.
B) An employee who was docked a half-day's pay for two hours' tardiness, as were other employees.
C) An employee who was terminated after three other employees reported witnessing his/her theft of company property.
D) An employee who was immediately terminated by a supervisor who heard he/she had mistreated two customers.

Question 19

One qualification of an arbitrator is:

A) Experience.
B) Education.
C) Visibility.
D) Accessibility.

Question 20

Which step in the American Arbitration Association Hearing Procedures is out of order?

A) Opening statements.
B) Filing of briefs.
C) Presentation of evidence and witnesses.
D) Cross-examinations.

Question 21

The ____ is both judge and jury in deciding an arbitration.

A) Supreme Court
B) Witness
C) Lawyer
D) Arbitrator

Question 22

_______ is commonly understood to mean the length of service with the employer either on a companywide basis or within the particular unit of the organization.

A) Obiter dictum
B) Seniority
C) Just cause
D) Industry practices

Question 23

The arbitrator must avoid _________-remarks irrelevant to the decision-and confine the opinion and award to the case brought to arbitration.

A) Grievance
B) Just cause
C) Incompetence
D) Obiter dictum

Question 24

The use of arbitration in settling grievances has reduced the use of labor strikes and walkouts.

Question 25

Generally arbitrators have considered many managerial rights not covered by an agreement to be retained by ________.

A) Grievant
B) Management
C) Attorney
D) Arbitrator

Question 26

In the year 2006, there were _____ arbitration issues.

A) 2,473
B) 2,581
C) 1,902
D) 2,314

Question 27

In the year 2005, there were _____ arbitration issues.

A) 2,629
B) 2,581
C) 1,902
D) 2,314

Question 28

If necessary, arbitrators' decisions may be enforced through the court process.

Question 29

According to a survey conducted by the National Academy of Arbitrators, which of the following factors are most used by arbitrators?

A) Industry practice
B) Future labor relations
C) Social mores and customs
D) Past practices

Question 30

Usually, both parties have input in the selection of the arbitrator.

Question 31

In the _______, the Supreme Court declared that congressional policy in favor of settlement of disputes through arbitration restricts the judicial process and strictly confines it to questions of whether the reluctant party agreed to arbitrate the grievance in the collective bargaining contract.

A) Lincoln Mills case
B) Republic Waste Services case
C) Transit Authority of Revenue City case
D) Warrior and Gulf case

Question 32

In the year 2003, there were _____ arbitration issues.

A) 2,629
B) 2,581
C) 1,902
D) 2,314

Question 33

Often it is believed that in the absence of restrictive or specific contract provisions, management retains ______________.

A) Grievance rights
B) Employment rights
C) Seniority rights
D) Arbitrator rights

Question 34

"A good reason" refers to:

A) Grievance.
B) Just cause.
C) Incompetence.
D) Obiter dictum.

Question 35

Arbitrators have generally agreed that the _____________ requirement is not limited to days immediately preceding and following the holiday.

A) Time off
B) bonus
C) Common holiday attendance
D) Holiday pay

Question 36

The U.S. Supreme Court has generally considered the use of arbitration less effective than the courts in settling grievances.

Question 37

In the year 2004, there were _____ seniority transfer arbitration issues.

A) 15
B) 9
C) 21
D) 18

Question 38

The arbitration process is not required to use legal rules of evidence.

Question 39

In accessing the credibility of a witness, the arbitrators must be aware of the following:

A) Confident witnesses are the most accurate.
B) A witness's personal biases may cloud both the memory and perception of an event.
C) The more emotionally charged, the more accurate the recall.
D) The witnesses' background.

Question 40

Arbitrators generally award ________ to workers who miss working a day surrounding the holiday if it was not the fault of the worker.

A) Holiday pay
B) Time off
C) A bonus
D) Common holiday attendance

Question 41

Probably the most severe limitation of managerial discretion is the negotiated requirement of seniority recognition.

Question 42

The arbitration hearing procedure is bound by National Labor Relations Act guidelines.

Question 43

Tying up arbitration hearings with legal technicalities is an effective delaying tactic.

Question 44

Both parties are always allowed to question the grievant during an arbitration hearing.

Question 45

A common labor agreement holiday pay eligibility requirement provides the employee to work the last scheduled workday before and the first scheduled workday after the holiday.

Question 46

The arbitrator must follow the contract language if it is clear as to intent.

Question 47

The most important qualification of an arbitrator is probably impartiality.

Question 48

In general, if arbitrators recognize incompetence, this should not be treated the same as other disciplinary problems.

Question 49

A remedy for an employee whose competence on the job is in question is training.

Question 50

Past practice is recognition of the bargaining history of the two parties involved in the dispute.

Question 51

The Supreme Court in the Warrior v. Gulf case declared that if any doubt as to the arbitrability of an issue exists, the courts should hear the case.

Question 52

The company normally has the right to eliminate a job it no longer considers necessary; the union, however, may rightfully object if the duties are transferred to other workers.

Question 53

The federal Monday Holiday Act has substantially decreased employers' problems with holiday stretching.

Question 54

A "management rights" issue that may go to arbitration could include work procedures.

Question 55

In grievance cases involving discharge due to possession and use of drugs, arbitrators have generally required employers to meet a higher standard of proof.

Question 56

Arbitrators usually give management the right to make technological improvements, even if some workers are adversely affected unless the contract provides otherwise.

Question 57

Tripartite arbitration boards usually reach a decision unanimously.

Question 58

The employer's discharge of an employee for incompetence is not likely to be upheld by an arbitrator if the employee shows substantial improvement after a warning.

Question 59

As it relates to "double jeopardy," an employer cannot cite an employee for two or more) penalties for the same offense.

Question 60

Arbitrators have the right to reinstate fired employees if they feel a lack of "just cause."

Question 61

Parol evidence in labor arbitration cases refers to only oral evidence that is contained within the four edges of the collective bargaining contract.

Question 62

The Federal Arbitration Act governs commercial arbitration situations such as business-business, employer-employer, and buyer-seller.

Question 63

The common law of the shop is recognition of the bargaining history of those in a different industry.

Question 64

Interest arbitration involves interpretation of a party's "rights" or the application of a particular provision under existing contract terms.

Question 65

Rights arbitration occurs over the formation of a collective bargaining agreement or efforts to secure one.