Which of the following statements is TRUE of arbitration of grievances under collective bargaining?
A) In determining whether there is a duty to arbitrate a dispute, the courts should examine the merits of the underlying grievance.
B) In labor contracts with an arbitration clause, if there is any doubt regarding the topics covered by the arbitration clause, then the topic should be considered as non-arbitrable.
C) The parties are not required to arbitrate a dispute that they have not agreed to submit to arbitration.
D) A court should enforce the decision of an arbitrator only after examining its correctness.

Question

Quizplus · Accepted Answer

The principle of voluntary submission applies to arbitration of grievances under collective bargaining. The parties must agree to submit a dispute to arbitration, and they cannot be compelled to bring a matter before an arbitrator if they have not agreed to do so. A court will generally not examine the merits of the underlying grievance when deciding whether a dispute is arbitrable or not. Rather, the court will look to the language of the labor contract and the arbitration clause to determine the scope of the clause and whether the particular dispute falls within the scope of the clause. Courts will generally construe an arbitration clause broadly and resolve any doubts about arbitrability in favor of arbitration. Once the arbitrator has issued a decision, a court will generally enforce it without delving into the correctness of the decision, except in limited circumstances, such as cases of fraud or misconduct by the arbitrator.

Which of the Following Statements Is TRUE of Arbitration of Grievances