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Q:
In discipline and discharge cases, managements burden of proof to establish that the employee committed an infraction of a companys rule is an overriding consideration.
a. True
b. False
Q:
The most often used level of proof by arbitrators is preponderance of evidence, wherein testimony and evidence must be adequate to overcome opposing presumptions and evidence.
a. True
b. False
Q:
The definition of just cause is well defined in nearly all collective bargaining agreements and may be decided by representatives of the union and management.
a. True
b. False
Q:
Under the public policy exception to the employment-at-will doctrine, an employer and employee form an implied contract, even if a written contract does not exist.
a. True
b. False
Q:
Under the Weingarten decision, union representation cannot be given to an employee until the employer has concluded its investigation and notified the employee of discharge, and the employee has elected to fight the decision.
a. True
b. False
Q:
Arbitrators regard the term "subject to dismissal" as implying that management can implement disciplinary penalties other than discharge, such as written warnings or suspensions.
a. True
b. False
Q:
Under due process element of double jeopardy, the employer cannot first suspend an employee indefinitely and then subsequently discharge the employee.
a. True
b. False
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:
One advantage of the "price list" is that it takes a statute of limitations on prior disciplinary offenses into account.
a. True
b. False
Q:
The Supreme Court has stated that union representation in discipline cases is only necessary after the company has made its disciplinary decision.
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:
Arbitrators regard discharge as a last resort to be used only when all other corrective attempts have failed and the employee totally lacks usefulness to the firm.
a. True
b. False
Q:
One of the three levels of proof an arbitrator uses to find that discipline was for just cause, is to find clear and convincing evidence that a disciplinary offense was committed.
a. True
b. False
Q:
Management would generally prefer that an arbitrator rely on a "preponderance of evidence" instead of "beyond a reasonable doubt since it is frequently difficult for management to meet this more stringent standard for evidence of employee misconduct.
a. True
b. False
Q:
Employee discipline represents both organizational conditions, which can lead employees to form a disciplined, self-regulated group, and organizational conditions, where managerial actions are taken against an employee who has violated organizational rules.
a. True
b. False
Q:
Evidence indicates that a majority of discharged employees who are reinstated by an arbitrator perform their work in a below-average capacity following reinstatement.
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:
In most states, an employer cannot legally discharge an employee if the discharge is inconsistent with an explicit, well- established public policy of the state.
a. True
b. False
Q:
It is not possible to introduce some level of restriction on supervisors to protect employee rights without adversely affecting supervisors belief in the effectiveness of the disciplinary system.
a. True
b. False
Q:
Under the implied contract exception to the employment-at-will doctrine, an employee is wrongfully discharged if and when the discharge is inconsistent with an explicit, well-established public policy of the state.
a. True
b. False
Q:
Employee discipline is a topic only relevant in unionized firms since non-unionized employees arent afforded any protections against wrongful disciplinary actions.
a. True
b. False
Q:
Employers overestimate the potential costs of a wrongful discharge suit and incur indirect costs, such as not terminating employees who perform poorly, costly hiring and decision-making processes, or use severance payments to deter wrongful termination claims.
a. True
b. False
Q:
The passage of the Wagner Act of 1935 and the creation of the NLRB provided the first legal means for holding employers accountable for at least some of their disciplinary decisions and actions.
a. True
b. False
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:
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 arbitrators decision.
e. The arbitration hearing.
Q:
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.
Q:
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.
Q:
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.
Q:
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.
Q:
What is the average length of time, reported by the FMCS, between the filing of a grievance and an arbitrators award?
a. 2 weeks.
b. 30 days.
c. 3 months.
d. 132 days.
e. 465 days.
Q:
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.
Q:
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.
Q:
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.
Q:
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.
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 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.
Q:
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.
Q:
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.
Q:
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.
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 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.
Q:
What percent of the requests for arbitrator lists are made to the FMCS?
a. 23.
b. 33.
c. 43.
d. 53.
e. 63.
Q:
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.
Q:
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.
Q:
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.
Q:
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.
Q:
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.
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 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.
a. True
b. False
Q:
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.
a. True
b. False
Q:
Elements of a typical arbitration proceeding include the selection of the arbitrator, the pre-hearing activities, the arbitration hearing, and the arbitrators decision.
a. True
b. False
Q:
A constructive discharge involves the offering an employee the alternative of quitting to avoid subsequent arbitration of his/her discharge.
a. True
b. False
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:
Both unions and companies have universally agreed that arbitration in the labormanagement settings has advantages over litigation.
a. True
b. False
Q:
Intent of the parties refers to what union and management officials expect to gain from an arbitrators decision.
a. True
b. False
Q:
When an employee is a repeat participant in the arbitration process, the employer has a distinct advantage over the employer.
a. True
b. False
Q:
World War II increased the popularity of arbitration since many union and management officials realized that uninterrupted wartime production was essential.
a. True
b. False
Q:
While arbitration has many procedural problems, delay is not one of them, since most arbitration cases are heard within 10 days after the request.
a. True
b. False
Q:
A major purpose in cross-examination is to reinforce the other party's testimony.
a. True
b. False
Q:
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.
a. True
b. False
Q:
Problems involving the untangling of various jurisdictional squabbles arising over a grievance could claim the attention of arbitrators from the EEOC and the NLRB.
a. True
b. False
Q:
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.
a. True
b. False
Q:
The union and management officials own the arbitration hearing but the arbitrator is the presiding officer of the hearing.
a. True
b. False
Q:
In addition to interpreting ambiguous language or resolving problems not covered in the agreement, past practices may even alter clear and convincing contractual provisions.
a. True
b. False
Q:
Arbitrators often assess witness credibility through rather subjective behaviors, such as speaking softly or giving long, evasive answers to questions.
a. True
b. False
Q:
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.
a. True
b. False
Q:
The majority of parties involved in arbitration choose 2 or 3 impartial arbitrators.
a. True
b. False
Q:
The Steelworkers' "Trilogy" recognized that arbitrators have far more expertise than judges in interpreting the common law of the shop.
a. True
b. False
Q:
Prehearing stipulations are joint union-management agreements as to the issues involved and certain grievance "facts" concerning the grievance.
a. True
b. False
Q:
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.
a. True
b. False
Q:
Labor arbitration first occurred in the United States in 1865, became popular before World War II.
a. True
b. False
Q:
Arbitrators are usually more liberal than the courts in the types of evidence permitted at the hearing.
a. True
b. False
Q:
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.
a. True
b. False
Q:
The alternative dispute resolution (ADR) approach which involves the appointment of a committee composed of a majority of rank-and-file employees, who are led by a human resources staff person as the facilitator is called the:
a. Peer reviews approach.
b. Open-door policy approach.
c. Ombudsperson program.
d. Early neutral evaluation approach.
e. Watertight approach.
Q:
The alternative dispute resolution (ADR) approach where a program involving the appointment of an employee within the company to serve the role of consulting with employees who have problems and advocating on their behalf is called the:
a. Nonunion mediation approach.
b. Open-door policy approach.
c. Ombudsperson program.
d. Early neutral evaluation approach.
e. Watertight approach.
Q:
The alternative dispute resolution (ADR) approach where workers with complaints are invited to raise them with their immediate supervisor is called the:
a. Nonunion mediation approach.
b. Open-door policy approach.
c. Peer review systems approach.
d. Early neutral evaluation approach.
e. Grievance relationship.
Q:
The term defined as an employees (or employers) alleged violation of one or more provisions of the labor agreement that is submitted to the grievance procedure for resolution by the union representative and employer representative is a:
a. Complaint.
b. Grievance.
c. Protest.
d. Bargaining issue.
e. Grievance relationship.
Q:
The approach where the goal is to bring the parties to a certain agreement that the mediator believes is appropriate and achievable is the:
a. Evaluative mediation.
b. Results-oriented mediation.
c. Collaborative mediation.
d. Watertight approach.
e. Grievance relationship.