Deck 11: Labor and Employment Arbitration

Question 1

Governmental agencies such as the EEOC and the NLRB can retain jurisdiction over an issue heard by an arbitrator and can modify an arbitrator's decision if it conflicts with their interpretation of public policy.

Answer 1

True

Question 2

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

Answer 2

True

Question 3

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

Answer 3

True

Question 4

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

Question 5

The "repeat player" situation favors the individual employee.

Question 6

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

Question 7

Currently,management might have to submit a grievance to arbitration even if the labor agreement is no longer in effect and management has decided to close its operations.

Question 8

Arbitrators heavily weigh offers of a compromise grievance settlement before the arbitration hearing since this offer reveals the intent of one or both of the parties.

Question 9

Arbitrators often assess witness credibility through rather subjective measures,such as speaking softly or looking at their feet.

Question 10

An arbitrator is not allowed to frame the wording of the grievance issue after the arbitrator has heard the evidence presented at the arbitration hearing.

Question 11

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 12

While arbitration is a common practice today,there are no universally applicable rules concerning arbitration hearings including number of participants and location.

Question 13

The Steelworkers' "Trilogy" recognized the importance of the common law of the shop.

Question 14

Past practice at a particular facility might add to the existing terms of the labor agreement or even alter clear and convincing contractual provisions.

Question 15

Arbitration is one of the more traditional aspects of industrial relations since it was extensively used in the early 1800s.

Question 16

All things considered (time and expense involved),arbitration offers fewer advantages to the parties than other methods of grievance resolution,such as "pulling the pin" through sudden strike activity.

Question 17

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 18

The burden of proof in a discharge rests with the employer,even though the union may have filed the grievance.

Question 19

The union and management officials own the arbitration hearing but the arbitrator is in charge of it.

Question 20

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 21

Arbitrators,unlike judges:

A) do not have to review the case in an objective fashion.
B) are hired by the parties.
C) have to consider the common law of the shop.
D) do not have to worry if the parties cannot live with the agreement.
E) are hired by the parties and have to consider the common law of the shop.

Question 22

The Supreme Court's Lincoln Mills decision:

A) suggested union and management officials look to mediation instead of arbitration as a means of resolving grievance disputes.
B) reversed the government's pro arbitration stance taken during World War II.
C) indicated that the federal courts should enforce agreements to arbitrate in the interest of industrial peace.
D) all of these
E) reversed the government's pro arbitration stance taken during World War II and suggested union and management officials look to mediation instead of arbitration as a means of resolving grievance disputes.

Question 23

An arbitrator's decision:

A) includes a statement of the issue.
B) includes a statement of the facts surrounding the grievance.
C) discusses the validity and relative weight of the facts and contentions.
D) includes the arbitrator's award.
E) all of these

Question 24

An "ideal" or good arbitrator's decision:

A) focuses on the losing party (the union or management presenter), addressing that
Individual's arguments.
B) is usually long, at least 50 pages.
C) is a somewhat personal, informal note to the grievant.
D) is given to the parties months after the hearing so they have had a chance to cool down.
E) none of these

Question 25

In 1955,the NLRB's deferral to arbitration policy was formulated in the __________ case.

A) Collyer
B) Olin Corporation
C) Spielberg Manufacturing Company
D) United Agricultural Workers International
E) none of these

Question 26

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) none of these

Question 27

Surveys of arbitrators found that the majority of these individuals:

A) have a graduate or law degree.
B) are female.
C) are older-over 50 years old.
D) are young-under the age of 35.
E) have a graduate or law degree and are older-over 50 years old.

Question 28

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) persuasive and diplomatic capabilities of the arbitrator in forming a consensus opinion that both parties could accept.
D) public opinion.
E) the National Labor Relations Board for enforcement and criminal convictions under the National Arbitration Act of 1902.

Question 29

The Supreme Court's Misco decision:

A) indicated that an arbitrator's decision can be overturned if it is contrary to an explicit, well-defined public policy.
B) concerned an employee who was discharged for allegedly smoking marijuana.
C) reinforced the principles established in the earlier Steelworkers' Trilogy.
D) all of these
E) none of these

Question 30

The "common law of the shop" means that the arbitrator:

A) is concerned with how the decision affects the parties to the labor agreement, even
Though that decision might be different from another company having a different
Labor agreement.
B) disregards the past practice and intent of the parties, relying entirely on the labor
Agreement.
C) relies on decisions obtained from other arbitrators and companies having different
Labor agreements to establish principles common to the overall industrial
Community.
D) all of these
E) none of these

Question 31

Employment arbitration:

A) may be unilaterally implemented by the employer.
B) may occur in nonunion firms.
C) may occur in unionized firms.
D) all of these
E) may occur in nonunion firms and may be unilaterally implemented by the employer.

Question 32

About ___ percent of the requests for arbitrator lists are made to the FMCS.

A) 31
B) 26
C) 43
D) 58
E) 67

Question 33

The common law of the shop is derived from:

A) intent of the parties.
B) labor agreement language.
C) past practices of union and management officials at a particular facility.
D) all of these
E) none of these

Question 34

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) all of these
E) none of these

Question 35

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) encouraged the parties to carefully define the arbitrator's jurisdiction in the labor agreements and served as a training ground for future arbitrators.

Question 36

The post-hearing brief:

A) is legally required by the Supreme Court (Steelworkers' Trilogy).
B) must be filed by union officials, management officials, and the arbitrator after the
Hearing.
C) can be useful when the issue and/or related statistical evidence is technical and
Complicated.
D) must be filed by union officials, management officials, and the arbitrator after the
Hearing and can be useful when the issue and/or related statistical evidence is technical and complicated.
E) none of these

Question 37

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) all of these
E) the courts are better qualified than the arbitrator to resolve an employee's grievance and the issue of relative judicial or arbitration qualifications is irrelevant in the resolution of employee grievances.

Question 38

The FMCS reports that the average length of time between the filing of a grievance and an arbitrator's award is ________ days.

A) 125
B) 93
C) 246
D) 315
E) 471

Question 39

The "parole evidence" rule:

A) adheres to the "common law of the shop" principle and its related labor agreement language.
B) in essence ignores the many hours spent by the parties in negotiating the labor agreement.
C) enables the arbitrator to overturn clear labor agreement language.
D) applies to employees who are discharged for so-called criminal violations.
E) none of these

Question 40

The arbitrator's professional responsibility provisions generated by the National
Academy of Arbitrators,the Federal Mediation and Conciliation Service,and the American Arbitration Association:

A) prohibit the arbitrator from visiting the workplace site of the grievance.
B) allow an arbitrator to make an award public without the knowledge of the parties.
C) discourage the arbitrator from considering a post-hearing brief that has not been given to the other party.
D) all of these
E) none of these