Deck 9: Resolving Negotiation Impasses and Contract Ratification

Question 1

Conventional interest arbitration has been criticized because arbitrators have been accused of "splitting the difference."

Answer 1

True

Question 2

The right to strike is one of the rights guaranteed under the Labor Management Relations Act.

Answer 2

True

Question 3

A mediator functions more as an invited guest who can be required to leave if one or both bargaining parties no longer desire the mediator.

Answer 3

True

Question 4

In most cases,a wildcat strike is a violation of the labor agreement.

Question 5

A mediator who has separate meetings with management and union officials risks having his neutrality suspected by either side.

Question 6

Fact-finding is a semi-judicial process in which all parties provide information to a neutral that allows the parties to reach a speedy resolution.

Question 7

Picket signs must clearly identify the primary employer as the target of the picket activity and only urge a boycott of the primary employer's products or services,not a total boycott of all products or services sold by the neutral,secondary employer.

Question 8

Med-arb and final-offer total package arbitration are similar in that the arbitrator does not make up his own contract but picks one of those that has been negotiated.

Question 9

The "reserve gate" approach involves the establishment of an exclusive gate for entry and exit of all employees on strike.

Question 10

The use of strike replacements (particularly permanent replacements)during an economic strike reduces the tensions between the parties and often shortens the length of a strike.

Question 11

Economic issues are the most common reason for work stoppages.

Question 12

An unfair labor practice strike is a strike in reaction to an employer's refusal to bargain in good faith with the union.

Question 13

If not permanently replaced,an economic striker has a right to be reinstated to his or her job at any time during a labor dispute after making an unconditional request for reinstatement to the employer.

Question 14

Economic strikers may be either temporarily or permanently replaced by an employer for the purpose of continuing normal business operations.

Question 15

Interest arbitration,unlike mediation and fact finding,results in a final and binding decision.

Question 16

Employees consider perceived costs versus benefits that may be gained before they would be willing to participate in a strike.

Question 17

An employee may resign from the union during a strike,cross picket lines,and be protected under the Taft-Hartley Act,but the union may impose a one-time fine for crossing the union's picket line.

Question 18

Recently,it has been recognized that management can take certain actions that will cause a strike when it is to the employer's advantage to have a strike.

Question 19

Work stoppages in the United States since 1982 have been at or near historic low levels in terms of numbers of strikes,employees involved,and days idled.

Question 20

Management may not call a strike,but it may invoke certain practices that will cause a strike,because a strike sometimes works to its advantage.

Question 21

A strike is not entered into lightly by an employee.Which of the following items is least likely to be considered?

A) What will other people think of me?
B) Is the objective worth the cost?
C) What is my expense of participation?
D) What are the legal ramifications?
E) all of these are equally likely to be considered by an employee

Question 22

Fact-finding differs from arbitration in that:

A) it has a better record of producing a settlement.
B) it relies heavily on public display of fact-finders' reports.
C) it was not allowed under the Taft-Hartley Act between 1947 and 1959.
D) interest arbitration was used frequently during World War II.
E) all of these are differences between fact-finding and arbitration

Question 23

____________ yields a report which is made public and which is intended to pressure the parties to come to a negotiated settlement.

A) Grievance arbitration
B) Fact finding
C) Interest (contract arbitration)
D) Med-Arb
E) Grievance mediation

Question 24

Which of the following is not a reason why an employer would refrain from hiring replacement workers during a strike?

A) insufficient time to train new employees
B) the potential cost of court suits
C) disallowed by union regulations
D) tension and possibly violence at the picket line between strikers and replacements
E) all of these are reasons an employer would refrain from hiring replacements

Question 25

Which of the following always results in a final and binding decision?

A) fact finding
B) mediation
C) arbitration
D) all of these
E) mediation and fact-finding

Question 26

In relation to a mediator,an arbitrator has:

A) more power and more responsibility.
B) less power, but more flexibility.
C) more power and greater innovation.
D) less power and more appeal.
E) less power and less flexibility.

Question 27

During a strike,who has the most effect upon a striker's behavior and attitudes?

A) manager
B) spouse
C) union leader
D) subordinates
E) co-workers

Question 28

All but one of the following ways are used by mediators to apply pressure in a bargaining session.Which one is not applied?

A) using delays and deadlines
B) placing responsibility on the parties involved
C) engaging in marathon bargaining sessions
D) siding with one party over the other
E) all of these are used by mediators to apply pressure in a bargaining session

Question 29

_____________ arises from the parties' inability to negotiate a labor agreement successfully and refers the unresolved issues to an outside neutral who conducts a hearing to receive evidence and then makes a final and binding decision within the parties' proposals.

A) Grievance arbitration
B) Fact finding
C) Interest (contract arbitration)
D) Med-Arb
E) Grievance mediation

Question 30

_________ reduces the arbitrator's authority to "split the difference."

A) Grievance arbitration
B) Fact finding
C) Interest (contract arbitration)
D) Med-Arb
E) Final-offer total package arbitration

Question 31

If an employer is the victim of a wildcat strike,which of the following options are within its rights to consider?

A) contending that employees have voided their labor agreement
B) requesting informally that the strikers return to work
C) disciplining or discharging the strikers
D) bringing suit against the union for damages suffered
E) all of these options are allowed

Question 32

With regards to common situs picketing:

A) the union surrenders its right to strike.
B) striking employees cannot legally picket neutral employers who share the same work site as the primary employer.
C) the union is picketing in response to management refusal to bargain in good faith.
D) all of these
E) striking employees cannot legally picket neutral employers who share the same work site as the primary employer and the union is picketing in response to management refusal to bargain in good faith.

Question 33

Mediation is distinguished from arbitration by:

A) mediators appointed by government agencies.
B) use of third-party neutrals.
C) no final and binding decision.
D) meetings where the parties present their issues to the neutral.
E) all of these

Question 34

Which of the following are either illegal or in violation of the labor agreement?

A) wildcat strike
B) economic strike
C) unfair labor practice strike
D) secondary strikes
E) wildcat strike and secondary strikes only

Question 35

Mediators must work by a predetermined set of rules in order to successfully resolve differences.

Question 36

Which of the following is not an impasse resolution procedure?

A) interest arbitration
B) mediation
C) fact-finding
D) interest disputation
E) none of these

Question 37

At the end of the 80-day injunction under the National Emergency Procedures of the LMRA,the president is authorized to:

A) direct the Attorney General to have all violators arrested.
B) direct the seizure of the industry.
C) report to Congress.
D) declare the strike or lockout illegal.
E) all of these

Question 38

Which of the following options (legal actions by employers)is most likely to be used by the NLRB in labor disputes after reaching an impasse over a mandatory issue?

A) hire temporary replacements for strikers
B) hire permanent replacements for strikers
C) lockout
D) establish reserve gate
E) all of these

Question 39

Each of the following is listed as a major factor that could cause a strike,except one.Which one is not a major factor?

A) employees feeling that wages should be higher
B) rank and file disagreement with union leadership
C) misperception between bargaining parties
D) a unilateral change by management
E) all of these are major factors that could cause a strike

Question 40

Final-offer total package arbitration has an advantage over conventional interest arbitration because:

A) selection of the arbitrator is made through the FMCS and AAA.
B) the arbitrator can compromise between the parties' extreme positions.
C) it results in a final and binding decision.
D) it does not "split the difference" between the union's and management's final proposals.
E) all of these are advantages of final-offer total package

Question 41

Factors that might affect what constitutes a ''reasonable time period'' for recall to work by economic strikers could include:

A) future probability that new job openings may occur over some extended time period.
B) historical data on normal employee attrition rates.
C) the percentage of total employees eligible for recall who were actually recalled during the negotiated time limit.
D) all of these
E) historical data on normal employee attrition rates and the percentage of total employees eligible for recall who were actually recalled during the negotiated time limit.