Question 1

Arbitrator selection rates in interest cases are higher for arbitrators who are evaluated highly on attention to procedural justice issues.

Accepted Answer

Studies have shown that arbitrator selection rates in interest cases are higher for arbitrators who are evaluated highly on attention to procedural justice issues, such as treating parties with respect and dignity, listening to their concerns, and allowing them to participate in the process. This demonstrates that parties value not only the outcome of the case, but also the fairness and impartiality of the process itself.

Question 2

Interest arbitration contemplates the existence of a collective agreement already concluded or,at any rate,a situation in which no effort is made to bring about a formal change in terms or to create a new one.

Accepted Answer

Interest arbitration is used to resolve disputes during the negotiation of a new collective agreement or the renewal of an existing one, particularly when the parties cannot agree on the terms. It is about creating or changing terms, not when a collective agreement is already concluded and no changes are being sought.

Question 3

The Steelworkers' trilogy protects a union's right to insist on arbitration and to have awards enforced without court review.

Accepted Answer

The Steelworkers' trilogy, a series of Supreme Court cases, established that when a union contract includes an arbitration clause, the union has the right to insist on arbitration and the awards can be enforced without court review, as long as the arbitrator's decision is rooted in the contract and not in violation of the law or public policy.

Question 4

The American Arbitration Association (AAA)employs arbitrators on a full-time basis.

Accepted Answer

The American Arbitration Association (AAA) does not employ arbitrators on a full-time basis. Instead, they maintain a roster of trained and qualified arbitrators who are available to serve on individual cases as needed.

Question 5

Rules of evidence in arbitration are more liberal than those in courts of law.

Accepted Answer

In general, rules of evidence in arbitration are more flexible and less formalized than those in courts of law. Arbitrators have more discretion in deciding what evidence to admit and how to evaluate it. However, this may vary depending on the specific rules and procedures agreed upon by the parties and the arbitral tribunal.

Question 6

Rights arbitration applies to interpreting and applying terms of an existing contract.

Accepted Answer

Rights arbitration is a method of resolving disputes that arise regarding the interpretation and application of the terms of an existing contract. Thus, the statement is true.

Question 7

In the context of arbitrator acceptability,practice characteristics of an arbitrator is the factor which is most highly related to volume of cases heard.

Accepted Answer

The answer of In the context of arbitrator acceptability,practice characteristics...

Question 8

The Landrum-Griffin Act forbids courts from enjoining lawful union activity,including strikes.

Accepted Answer

The Landrum-Griffin Act, also known as the Labor-Management Reporting and Disclosure Act of 1959, primarily focuses on regulating labor unions' internal affairs and ensuring union democracy, rather than addressing court injunctions on union activities.

Question 9

Anytime during the prehearing phase,the arbitration request may be withdrawn by joint consent.

Accepted Answer

Yes, the arbitration request can be withdrawn by joint consent at any point during the prehearing phase.

Question 10

One of the three basic protections for arbitration laid down by the Supreme Court is that the substance of grievances and their arbitrability are to be determined by courts,not arbitrators.

Accepted Answer

The Supreme Court has established that whether a particular grievance is arbitrable is generally a question for the arbitrator to decide, not the courts. This principle is part of the broader policy favoring arbitration as a means of dispute resolution.

Question 11

Settlement before arbitration is requested,but settlement after the hearing occurs more frequently when the parties' representatives are not attorneys.

Accepted Answer

Settlement before arbitration is more common because parties often seek to avoid the costs and uncertainties associated with arbitration hearings. When parties are represented by attorneys, they are more likely to be informed about the strengths and weaknesses of their cases, leading to settlements before the arbitration hearing.

Question 12

For cross-examination and confrontation in the arbitration process,hearsay cannot be accepted even if a direct witness declines to testify against a fellow employee.

Accepted Answer

In arbitration, hearsay evidence can be accepted, as the rules of evidence are often more relaxed than in court proceedings. The arbitrator has the discretion to consider all evidence presented, including hearsay, especially if a direct witness is unwilling to testify.

Question 13

When arbitrators find a conflict between contract language and federal labor or civil rights laws or interpretations,the court mandates the arbitrator to give primacy to the contractual interpretation.

Accepted Answer

When arbitrators find a conflict between contract language and federal labor or civil rights laws or interpretations, the court mandates the arbitrator to give primacy to federal law or interpretations over the contract language.

Question 14

One of the three basic protections for arbitration laid down by the Supreme Court is that if an arbitration clause exists,unless a dispute is clearly outside contract provisions,courts will order arbitration.

Accepted Answer

The statement accurately reflects the basic protection for arbitration laid down by the Supreme Court. Courts generally defer to arbitration clauses and will order arbitration unless the dispute clearly falls outside the scope of the contract provisions.

Question 15

Arbitration is a labor relations process that aims to increase job satisfaction among workers through collective bargaining.

Accepted Answer

Arbitration is a labor relations process in which a neutral third party resolves a dispute between labor and management. It is not focused on increasing job satisfaction among workers through collective bargaining, but rather on reaching a resolution to a specific issue or dispute.

Question 16

In expedited arbitration,arbitrators hear several cases and submit very short written awards.

Accepted Answer

Expedited arbitration is designed to provide a faster and more efficient way of resolving disputes. In this process, arbitrators hear several cases at once and submit very short written awards.

Question 17

A typical mainline arbitrator is over 65 and has more than 30 years of experience.

Accepted Answer

This statement is true. According to a study by the American Arbitration Association, the average age of mainline arbitrators is 68 and they have an average of 32 years of experience.

Question 18

In 1925,Congress passed the Arbitration Act establishing the right of parties to a contract to specify the processes to be used to resolve disputes over the interpretation of the contract.

Accepted Answer

The statement accurately describes the Arbitration Act passed by Congress in 1925.

Question 19

If Federal Mediation and Conciliation Service (FMCS)assistance is specified in a contract,the FMCS would provide panels as the American Arbitration Association (AAA)does,but would not provide reporting or facilities assistance.

Accepted Answer

The statement is true. FMCS would provide panels, but they do not provide reporting or facilities assistance as AAA does.

Question 20

Permanent umpires are less vulnerable when a militant union presents less meritorious cases than when a union saves arbitration for very important issues.

Accepted Answer

If a militant union presents less meritorious cases, there may be a perception that the umpire is biased against the union. On the other hand, if the union only saves arbitration for important issues, the umpire may feel pressure to rule in their favor to avoid a strike or other disruptive actions. So, in this case, permanent umpires would not necessarily be less vulnerable.

Quiz 15: Grievance Arbitration