Question 1

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.

Accepted Answer

The arbitrator's role is to remain neutral and impartial. They are not supposed to impose their own personal beliefs or opinions. Instead, they are to interpret and apply the contract as it was written and agreed upon by the parties involved.

Question 2

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.

Accepted Answer

Weingarten rights do 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 3

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.

Accepted Answer

According to the statement, even though Joe's union representative knows that he is a poor performer, he is obligated by law to fairly represent him in the grievance process. This is because the union representative's duty is to uphold the union contract rules and ensure that the employer follows them when it comes to discipline and dismissal. The representative cannot let their personal opinions about Joe's job performance influence their representation of him.

Question 4

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

Accepted Answer

Studies have found that turnover rates are generally higher in nonunionized settings compared to unionized settings. This may be because unions provide greater job security and protections for workers, leading to reduced turnover.

Question 5

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

Accepted Answer

Arbitrators do not uniformly insist on strict rules of due process akin to those in a court of law; rather, they seek a fair and reasonable process that respects the rights of all parties involved. The level of formality and adherence to strict rules can vary depending on the arbitration agreement, the nature of the disciplinary action, and the practices of the specific workplace or industry.

Question 6

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

Accepted Answer

This statement is true. Most union contracts in the private sector include provisions for just cause discipline and termination, meaning that an employee can only be disciplined or fired for a valid reason. This provides job security and protection for unionized workers.

Question 7

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

Accepted Answer

Arbitration hearings are more informal than court hearings and do not strictly follow the traditional rules of evidence found in courtrooms.

Question 8

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

Accepted Answer

Union contracts often mandate a minimum wage or salary for all workers in a particular job classification, which can lead to wages being compressed, with workers at the lower end of the pay scale seeing their wages rise while wages for workers at the higher end of the pay scale remain relatively unchanged.

Question 9

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

Accepted Answer

The concept of past practice refers to the way parties in a collective bargaining agreement have consistently conducted themselves over a period of time, which can be used as a reference in arbitration cases, rather than arbitrators using their own prior decisions.

Question 10

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.

Accepted Answer

This is known as the duty of fair representation, which requires unions to represent all workers within a bargaining unit regardless of their union membership status.

Question 11

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

Accepted Answer

The statement is actually false. Research has shown that there is no consistent difference in job satisfaction between unionized and nonunionized settings, and any differences that do exist are likely due to other factors such as working conditions and workplace climate.

Question 12

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.

Accepted Answer

The answer of The grievance arbitration process is about helping...

Question 13

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."

Accepted Answer

An arbitrator will generally apply the seven tests of just cause to determine if an employee was justly or unjustly terminated.

Question 14

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.

Accepted Answer

This statement accurately describes what a compulsory arbitration agreement is.

Question 15

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.

Accepted Answer

An ombudsperson is indeed a neutral person employed by the company to investigate disputes, but their primary role is to facilitate communication and understanding between management and employees in order to reach a resolution that benefits both parties.

Question 16

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

Accepted Answer

The traditional approach to dispute resolution in nonunionized settings typically involves direct negotiation between the employee and management, and if unresolved, may escalate to mediation or litigation, rather than a modified grievance procedure ending in arbitration by a peer review panel, which is more common in unionized settings.

Question 17

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

Accepted Answer

The claim that productivity is always higher in nonunionized companies than it is in unionized companies is not universally true. Studies have shown that there are cases where unionization can lead to increased productivity through improved worker satisfaction, better working conditions, and increased training opportunities. Additionally, nonunionized companies may not necessarily prioritize productivity and may focus on other objectives such as cost-cutting or shareholder profits. Ultimately, the impact of unionization on productivity will depend on a variety of factors such as industry, workforce demographics, and management practices.

Question 18

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.

Accepted Answer

Grievance procedures and arbitration are typically used after a dispute has already occurred, rather than being used as proactive measures to prevent disputes from happening in the first place. Additionally, both processes involve formal legal proceedings which can be time-consuming and costly.

Question 19

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.

Accepted Answer

Nonunion grievance processes that end with a peer review as the final step often have higher grievance filing rates because employees may perceive the system as more fair and impartial compared to systems where the final decision is made by a manager, potentially leading to a greater willingness to file grievances.

Question 20

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

Accepted Answer

Traditional grievance procedures are criticized for being too formal, adversarial, and focused on resolving disputes rather than preventing them. They do not encourage employee involvement in decision-making, but rather rely on management to handle employee complaints and grievances.

Quiz 9: Contract Clauses and Their Administration