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Question
In fair representation cases, the burden of proof of establishing that the union breached its fair representation obligation in on:
a. The employee.
b. The union.
c. The employer.
d. The government.
e. The industrial relations representative.
Answer
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Related questions
Q:
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.
Q:
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.
Q:
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.
Q:
The Supreme Court's Gardner-Denver decision:
a. Resulted in trial courts overturning discrimination grievances heard by the arbitrators.
b. Contended that the arbitrators 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.
Q:
The traditional labor arbitration procedures are negotiated between the employer and the union, the representative of bargaining unit employees.
a. True
b. False
Q:
Which method have unions been the most successful in implementing in their dealings with MNCs?
a. Boycotts in multiple foreign markets.
b. Transnational bargaining.
c. Threat of widespread strikes in multiple nations.
d. Adoption of international codes of conduct to regulate MNCs behavior.
e. Union organization on a local level only.
Q:
Which of the following activities can frequently be found in the labor relations of Germany?
Single system of industrial relations.
a. Low levels of unionization, especially in the engineering industries.
b. Union organization on a localized level only.
c. Arbitration at the individual plant level on wages.
d. Collective bargaining over wages and conditions of employment (job classification, working time, and working conditions) occurs formally outside the plant.
e.
Q:
MNCs have an internal source of products and profits from facilities in several countries that can be used as leverage to bargain down wages, benefits, and other employment conditions. This practice is known as ________________ the union.
a. double-bargaining
b. shafting
c. whipsawing
d. torching
e. interest-playing
Q:
Operating in different countries creates opportunities for Multinational Corporations (MNCs ) to bypass protective tariffs by making parts in one country and assembling the final product in another.
a. True
b. False
Q:
In Germany, codetermination committees provides works councils with rights to information and consultation on subjects such as manpower planning, change in work processes, working environment, and job content.
a. True
b. False
Q:
The majority of all workers in the United States cannot be terminated from their employment without any justification.
a. True
b. False
Q:
There is no such thing as a right-to-work law in Canada.
a. True
b. False
Q:
Highly developed, sophisticated patterns of labor relations, such as those in Germany, have spread rapidly and are now commonplace in Russia and other former Soviet Bloc Countries.
a. True
b. False
Q:
Which of the following statements about the rights and obligations of public-sector employees is NOT correct?
a. Because citizens indirectly pay public-sector workers salaries, employers have to be mindful of the image that employees project.
b. Public-sector employees political activities and off-the-job behavior are regulated more closely than most private-sector workers.
c. A public-sector employees rights to expression and association cannot be limited any more than the similar rights of private-sector workers.
d. Tenured public-sector employees have the right to be informed of the charges against them and have an opportunity to respond before they can be fired.
e. A public-sector employees First Amendment right to expression cannot be overruled simply by the employers need for efficient work operations.
Q:
The most used and least studied dispute resolution procedure used in the public sector is:
a. Arbitration.
b. Fist-fighting.
c. Fact finding.
d. Mediation.
e. Referendum.
Q:
Nonpaying employees must be represented in collective bargaining, grievance administration, and arbitration by the unions are called:
a. Freely represented.
b. Free-from-dues.
c. Free to work.
d. Free members.
e. Free riders.
Q:
Each of the following subjects is permissible in federal-sector negotiations except:
a. Types and grades of positions assigned to any organizational unit.
b. Management rights such as determining mission, budget, and internal security practices.
c. Tour of duty.
d. Use of technology in the workplace.
e. Methods and means of performing work.
Q:
Which one of the following organizations consists of one chairperson and at least six members appointed by the President that investigate any negotiation impasse presented and is authorized to take any necessary action to settle the dispute?
a. Federal Service Impasse Panel
b. Federal Trade Commission
c. National Labor Relation Commission
d. Federal Labor Relations Authority
e. Federal Negotiations Service
Q:
Under final offer arbitration (FOA), the arbitrator selects the best package settlement presented by the union or management or proposes a compromise of both positions by splitting the difference.
a. True
b. False
Q:
The sovereignty doctrine makes it difficult to delegate decision-making authority to specific administrative officials
a. True
b. False
Q:
Even though all of the following rationale may be legitimate from a managerial perspective, arbitrators consider which one of the following to be the only legitimate/ necessary purpose of employee discipline?
a. To maintain respect for the supervisors authority.
b. To promote efficient production.
c. To correct and improve the employee's behavior.
d. To set an example of appropriate behavior to other employees.
e. To transmit the rules of the organization to other employees.
Q:
The exception to the employment-at-will doctrine which occurs when an employer and employee form an implied contract, even though there is no express, written instrument regarding the employment relationship is called the:
a. Public policy exception
b. Covenant-of-good faith and fair dealing exception
c. Implied contract exception
d. Job security exception
e. Discharge exception.
Q:
The presence of "mitigating circumstances" usually makes it more likely that the disciplinary actions of management will be upheld, particularly in discharge decisions.
a. True
b. False
Q:
Arbitrators often reduce suspensions given to employees, even if other employees have received similar suspensions under identical circumstances
a. True
b. False
Q:
When the company decides that discharge is the appropriate disciplinary action, the affected employee is issued a last chance agreement that informs them that they are being discharged.
a. True
b. False
Q:
A manager terminates an employee because of a personal grudge against the employee. This discharge could be contested in at least 20 states under the covenant-of-good faith and fair dealing exception to the employment-at-will doctrine.
a. True
b. False
Q:
The National Unfair Dismissal Statute would provide protection against unfair dismissal to those nonunionized employees who have worked for an employer (15 or more employees) for a period of at least two years.
a. True
b. False
Q:
Public-sector supervisors and other lower to midlevel managers have the right to engage in collective bargaining in more than a dozen states.
a. True
b. False
Q:
As in the private sector, the market economic system controls the price, quality, and availability of most services in the public sector.
a. True
b. False
Q:
If a subject of collective bargaining is permissible, both parties are required to negotiate in good faith, even though an agreement may not be reached.
a. True
b. False