Deck 11: Labor and Employment Arbitration

Question 1

If the parties involved in an arbitration hearing cannot agree on the wording of an issue to be addressed,they must frame the issue,usually written in a one-sentence question.

Answer 1

False

Question 2

Labor arbitration first occurred in the United States in 1865,became popular before World War II.

Answer 2

False

Question 3

Intent of the parties refers to what union and management officials expect to gain from an arbitrator's decision.

Answer 3

False

Question 4

Both unions and companies have universally agreed that arbitration in the labor-management settings has advantages over litigation.

Question 5

While arbitration has many procedural problems,delay is not one of them,since most arbitration cases are heard within 10 days after the request.

Question 6

The union has the burden of proof in disciplinary and discharge cases and the employer has the burden of proof in contract interpretation and application cases.

Question 7

One of the fundamental rules in labor arbitration is that,when the contract language is clear and unambiguous,the arbitrator must apply the language as it is written.

Question 8

The majority of parties involved in arbitration choose 2 or 3 impartial arbitrators.

Question 9

Problems involving the untangling of various jurisdictional squabbles arising over a grievance could claim the attention of arbitrators from the EEOC and the NLRB.

Question 10

Arbitrators are usually more liberal than the courts in the types of evidence permitted at the hearing.

Question 11

Arbitrators often assess witness credibility through rather subjective behaviors,such as speaking softly or giving long,evasive answers to questions.

Question 12

The Supreme Court has determined that the obligation to arbitrate a grievance cannot be nullified by a successor employer or by the termination of a labor agreement.

Question 13

A major purpose in cross-examination is to reinforce the other party's testimony.

Question 14

The Steelworkers' "Trilogy" recognized that arbitrators have far more expertise than judges in interpreting the common law of the shop.

Question 15

World War II increased the popularity of arbitration since many union and management officials realized that uninterrupted wartime production was essential.

Question 16

Even though an arbitrator has the legal authority to subpoena witnesses and documents,the arbitrator may not make an adverse inference if the subpoena is not complied with.

Question 17

In addition to interpreting ambiguous language or resolving problems not covered in the agreement,past practices may even alter clear and convincing contractual provisions.

Question 18

Prehearing stipulations are joint union-management agreements as to the issues involved and certain grievance "facts" concerning the grievance.

Question 19

When an employee is a repeat participant in the arbitration process,the employer has a distinct advantage over the employer.

Question 20

The union and management officials own the arbitration hearing but the arbitrator is the presiding officer of the hearing.

Question 21

The Supreme Court Steelworkers' Trilogy (1960)decisions in essence stated that:

A) The courts are better qualified than the arbitrator to resolve an employee's grievance.
B) The arbitrator is better qualified than the courts to resolve an employee's grievance.
C) The issue of relative judicial or arbitration qualifications is irrelevant in the resolution of employee grievances.
D) Lowered the authority and prestige of the arbitrator.
E) The courts have great latitude in fashioning a decision and its remedy.

Question 22

The document which is a written summation of the facts of the case,the relevant contract language,the arguments and counterarguments supporting positions,and the requested decision from the arbitrator is called the:

A) Prehearing brief.
B) Posthearing brief.
C) Prehearing stipulations.
D) Summation briefs.
E) Relevant content brief.

Question 23

Pre-hearing briefs:

A) Are nearly always used in arbitration.
B) Might backfire for the presenting party.
C) Often preferred by the grievant to guarantee a fair hearing.
D) Are nearly always used in arbitration and often preferred by the grievant to guarantee a fair hearing.
E) Last from a few hours to a few days.

Question 24

The traditional labor arbitration procedures are negotiated between the employer and the union,the representative of bargaining unit employees.

Question 25

The Supreme Court decision which declared that an aggrieved party could legally bring suit against a party that refused to arbitrate a labor dispute for violation of the labor agreement was the:

A) Steelworkers' Trilogy.
B) Arbitral decision.
C) Lincoln Mills decision.
D) Decision to Arbitrate.
E) Judicial decision.

Question 26

The perspective which often narrows the scope of arbitral decision to interpreting the labor agreement language and identifying the intent of the parties and any past practices of the union and management officials at a particular location is called the:

A) Contractual law of the shop.
B) Labor law of the shop.
C) Judicial law of the shop.
D) Common law of the shop.
E) Guidelines of the shop.

Question 27

The first step in the legalistic approach on the arbitration process is to acknowledge that the parties have a mutual obligation to bring out all relevant facts.

Question 28

The Supreme Court's Gardner-Denver decision:

A) Resulted in trial courts overturning discrimination grievances heard by the arbitrators.
B) Contended that the arbitrator's expertise pertains to labor agreement interpretation and not to resolving federal civil rights laws.
C) Applies only to "reverse-discrimination" grievances (white employees having more seniority who are denied a promotion filled by a minority employee,for example).
D) Enables arbitrators,instead of the EEOC and the courts,to resolve a discrimination grievance.
E) Requires union members to arbitrate claims arising under a federal anti-discrimination statute.

Question 29

What percent of the requests for arbitrator lists are made to the FMCS?

A) 23.
B) 33.
C) 43.
D) 53.
E) 63.

Question 30

Offers of compromise settlements before the hearing are accepted as evidence by arbitrators,and are often viewed as an admission of guilt by the arbitrator.

Question 31

The arbitrator selection procedure where each party takes turns eliminating potential arbitrators from a list until one remains is called the:

A) Elimination method.
B) Ranking method.
C) Striking method.
D) Preferred arbitrator method.
E) Least preferred arbitrator method.

Question 32

Joint union-management statements as to the issues involved and certain applicable grievance facts are called:

A) Prehearing stipulations.
B) Prehearing briefs.
C) Informal stipulations.
D) Formal stipulations.
E) Ideal stipulations.

Question 33

The National War Labor Board (NWLB):

A) Encouraged the parties to carefully define the arbitrator's jurisdiction in the labor agreements.
B) Increased the use of arbitration by actively encouraging the formation of labor unions at nonunion facilities.
C) Served as a training ground for future arbitrators.
D) Had the authority to place a party who refused to abide by the arbitrator's award in jail.
E) Was composed of four management representatives and four union representatives.

Question 34

The activities which include meeting with witnesses,contacting the opposite representative,preparation and arrangements of exhibits for evidence,and exploring settlement activities are called:

A) Posthearing activities.
B) Arbitration activities.
C) Arbitration award activities.
D) Decisive activities.
E) Prehearing activities.

Question 35

Before World War II,the arbitrator's decision largely relied on:

A) Criminal convictions under the National Arbitration Act of 1902.
B) The National Labor Relations Board for enforcement.
C) Diplomatic and persuasive abilities to convince the parties that the decision should be accepted.
D) Public opinion.
E) The National Labor Relations Board for enforcement and criminal convictions under the National Arbitration Act of 1902.

Question 36

Elements of a typical arbitration proceeding include the selection of the arbitrator,the pre-hearing activities,the arbitration hearing,and the arbitrator's decision.

Question 37

A constructive discharge involves the offering an employee the alternative of quitting to avoid subsequent arbitration of his/her discharge.

Question 38

Surveys of arbitrators found that the majority of these individuals:

A) Have a doctorate degree.
B) Are female.
C) Are under 50 years old.
D) Have a degree in Political Science
E) Have a graduate or law degree and are over 50 years old.

Question 39

The type of evidence which is typically given very little or no weight unless it is corroborated by other credible testimony is called:

A) Hearsay evidence.
B) Direct evidence.
C) Conclusive evidence.
D) Reasonable doubt evidence.
E) Weighed evidence.

Question 40

Labor arbitration:

A) Is promulgated by the employer to resolve statutory claims.
B) Gives the employer the dominant power.
C) Allows the employer to unilaterally design the procedures and determines that disputes related to employment subjects will be resolved in arbitration.
D) Provided for final resolution of disputes interrupting work that contributed to the war effort.
E) The decision of the arbitrator involves interpretation and application of company-developed personnel policy or a public law.

Question 41

The type of employment arbitration that is condemned by some,and considered a blessing by others is the:

A) ​Repeat-player arbitration.
B) ​Arbitral deficiencies.
C) ​Mandatory arbitration.
D) ​Labor arbitration.
E) ​Voluntary arbitration.

Question 42

The type of arbitrator which serves as umpire to resolve all disputes during the life of the labor agreement is called the:

A) ​Ad hoc arbitrator.
B) ​Permanent arbitrator.
C) ​Perpetual arbitrator.
D) ​Tri-partite arbitrator.
E) ​Universal arbitrator.

Question 43

What is the average length of time,reported by the FMCS,between the filing of a grievance and an arbitrator's award?

A) 2 weeks.
B) 30 days.
C) 3 months.
D) 132 days.
E) 465 days.

Question 44

The approach used by arbitrators to render a decision wherein the arbitrator follows the sequence of events and explains what happened in "the story" and what should have happened is called the:

A) Classic approach.
B) Summation approach.
C) Past practice approach.
D) Novel approach.
E) Narrative story-telling approach.

Question 45

The 1955 case,where the NLRB honored an arbitration award that denied reinstatement to certain employees guilty of strike misconduct is called the:

A) Collyer case.
B) Olin Corporation case.
C) Spielberg Manufacturing Company case.
D) United Agricultural Workers International case.
E) Steelworkers' Trilogy case.

Question 46

The rule which in its classic form,holds that evidence,oral or otherwise,should not be admitted for the purpose of changing or contradicting written language contained in the labor agreement is called:

A) Neutral rule.
B) ​Summation rule.​
C) Parole evidence rule.
D) Closing arguments rule.
E) Rule of fives.

Question 47

The type of arbitrator which is chosen by labor and management on a case-by-case basis is called the:

A) ​Ad hoc arbitrator.
B) ​Permanent arbitrator.
C) ​Perpetual arbitrator.
D) ​Tri-partite arbitrator.
E) ​Universal arbitrator.

Question 48

The decision which reinforced the wide latitude given to arbitrators' decision-making authority by the Steelworkers' Trilogy is called the:

A) Collyer decision.
B) Spielberg Manufacturing Company decision.
C) reinforced the principles established in the earlier Steelworkers' Trilogy.
D) Misco decision.
E) Olin Corporation decision.

Question 49

Joint union-management statements as to the issues involved and certain applicable grievance facts are called:

A) ​Prehearing briefs.
B) ​Arbitration statements.
C) ​Ad hoc decisions.
D) ​Prehearing stipulations.
E) ​Posthearing briefs.

Question 50

Which of the following is NOT an element of a typical arbitration proceeding:

A) ​The selection of the arbitrator.
B) ​The pre-hearing activities.
C) ​The experience of the arbitrator.
D) ​The arbitrator's decision.
E) ​The arbitration hearing.