Question 1

Second contract arbitration,where either the union or the employer can apply to have the terms of the collective agreement settled by arbitration,is available in all jurisdictions.

Accepted Answer

Second contract arbitration is not available in all jurisdictions; its availability depends on the specific labor laws and regulations of each country or region, which can vary significantly.

Question 2

In the private sector direct bargaining between the union and employer has resulted in a collective agreement in approximately half of negotiations.

Accepted Answer

This statement is true. Direct bargaining between unions and employers in the private sector has resulted in a collective agreement in approximately 50% of negotiations.

Question 3

Final offer selection is a form of arbitration that should encourage the parties to negotiate a collective agreement without third party assistance.

Accepted Answer

Final offer selection involves each party submitting a final offer to the arbitrator, who must choose one without making any changes. This incentivizes both parties to submit a reasonable offer and to negotiate with each other in order to avoid the possibility of an unfavorable decision.

Question 4

In the private sector 80 percent of collective agreements are negotiated without a strike.

Accepted Answer

The answer of In the private sector 80 percent of...

Question 5

If two employees remain on the job; however,they deliberately reduce output,they are engaging in a strike.

Accepted Answer

The answer of If two employees remain on the job;...

Question 6

Final offer selection is the form of arbitration preferred by unions.

Accepted Answer

The answer of Final offer selection is the form of...

Question 7

A mediator may help the parties reach a collective agreement by suggesting new alternatives they have not previously considered.

Accepted Answer

Mediators can help by bringing fresh perspectives and ideas to a negotiation, which can help the parties think creatively and generate new possible solutions.

Question 8

The narcotic effect is a potential problem in interest arbitration.

Accepted Answer

The narcotic effect refers to the possibility that a high award by an interest arbitrator may create a false sense of security and complacency among union members, leading to a decrease in productivity and motivation. As such, it is a potential problem in interest arbitration.

Question 9

Strikes serve a useful function because they may force negotiators to make concessions necessary to reach an agreement.

Accepted Answer

Strikes can create pressure on negotiators to reach an agreement by showing the power and determination of the workers. It can also create a sense of urgency and motivate both parties to make meaningful concessions to settle the dispute. Therefore, strikes can be seen as a tool to achieve a fair and mutually beneficial resolution.

Question 10

Larger bargaining units are more likely to be involved in strikes.

Accepted Answer

Larger bargaining units typically have more members and therefore more bargaining power. This can lead to more contentious negotiations and an increased likelihood of strikes.

Question 11

Back-to-work legislation has been used to end contract disputes in both the public and private sector.

Accepted Answer

Back-to-work legislation has been used in various industries, including transportation, healthcare, education, and postal services, to name a few. It is designed to end strikes or lockouts that may cause serious economic damage or inconvenience to the public.

Question 12

A conciliation board has representatives from the union,the employer,and the government.

Accepted Answer

The answer of A conciliation board has representatives from the...

Question 13

Back-to-work legislation always establishes the terms for a collective agreement.

Accepted Answer

Back-to-work legislation only mandates a return to work and does not necessarily establish the terms of a collective agreement. It may provide a framework for negotiations or arbitration, but the specifics of the agreement are typically negotiated between the employer and the union.

Question 14

A conciliation officer is an individual the union and the employer pay to help them resolve a contract dispute.

Accepted Answer

A conciliation officer is typically appointed by a government agency to help resolve a contract dispute between a union and an employer, rather than being paid directly by either party.

Question 15

Strikes are caused only by economic factors including the union's wage demands and the employer's ability to pay.

Accepted Answer

While economic factors do play a role in strikes, they can also be caused by non-economic factors such as unfair treatment of workers, unsafe working conditions, and disputes over work hours or job security.

Question 16

The collective voice approach views strikes as mistakes that could be avoided.

Accepted Answer

The collective voice approach supports strikes as a necessary collective action to achieve common goals and protect workers' interests. It does not view strikes as mistakes that could be avoided.

Question 17

A strike may also be referred to as economic sanctions or industrial action.

Accepted Answer

That is correct, a strike can be referred to as economic sanctions or industrial action.

Question 18

The conciliation process has advantages and disadvantages.

Accepted Answer

The conciliation process has advantages and disadvantages. Some advantages include the potential for faster resolution of disputes, cost savings compared to going to court, and the possibility of preserving business relationships. However, disadvantages may include the potential for one party to feel coerced into the agreement, the lack of a binding and enforceable decision, and the potential for the agreement to be one-sided or not fully addressing all issues.

Question 19

A mediator is a third party who hears evidence from the union and the employer and then decides the terms of a collective agreement.

Accepted Answer

A mediator's role is to assist the union and the employer in reaching a mutually acceptable agreement, but they do not have the authority to impose terms on either side. The decision-making power lies with the parties involved in the negotiation.

Question 20

The chilling effect refers to the possibility that the parties may not make the concessions necessary to reach an agreement because they do not wish to harm their positions before an arbitrator at a later date.

Accepted Answer

The statement accurately describes the concept of chilling effect in arbitration.

Quiz 10: Contract Dispute Resolution, Strikes, and Lockouts