Question 1

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

Accepted Answer

Conventional interest arbitration has been criticized for arbitrators frequently splitting the difference between the positions of the parties, rather than making a decision based solely on the merits of the case.

Question 2

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

Accepted Answer

The right to strike is protected under the National Labor Relations Act, not the Labor Management Relations Act.

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.

Accepted Answer

This is true as a mediator is not a decision maker or an arbitrator, but rather a neutral third party who assists the parties in reaching a mutually agreeable solution. Therefore, if one or both parties no longer wish to continue the mediation process, they can request that the mediator leave.

Question 4

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

Accepted Answer

A wildcat strike is an unauthorized work stoppage by employees, often without the approval or knowledge of the union representing them, and therefore violates the terms 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.

Accepted Answer

The answer of A mediator who has separate meetings with...

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.

Accepted Answer

The answer of Fact-finding is a semi-judicial process in which...

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.

Accepted Answer

This statement accurately reflects the legal guidelines for picket signs according to the National Labor Relations Act. Picket signs must be focused on the primary employer, and should not encourage a total boycott of all goods or services sold by neutral parties.

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.

Accepted Answer

The answer of Med-arb and final-offer total package arbitration are...

Question 9

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

Accepted Answer

The "reserve gate" approach involves designating a separate gate for non-striking employees and suppliers to enter and exit, while striking employees use a different gate.

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.

Accepted Answer

The use of strike replacements, especially permanent replacements, often increases tensions between the parties and prolongs the strike as the union is unwilling to settle for a worse deal than what is being offered to new hires.

Question 11

Economic issues are the most common reason for work stoppages.

Accepted Answer

According to data from the Bureau of Labor Statistics, economic issues such as wages, benefits, and job security are the most common cause of 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.

Accepted Answer

An unfair labor practice strike is a strike that is initiated by employees in response to an unfair labor practice committed by their employer, such as a 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.

Accepted Answer

This statement is true according to the National Labor Relations Act. Economic strikers who are not permanently replaced have a right to be reinstated to their jobs at any time during a labor dispute, as long as they make an unconditional request for reinstatement to their employer.

Question 14

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

Accepted Answer

According to the National Labor Relations Act (NLRA) in the United States, economic strikers can be temporarily or permanently replaced by an employer in order to continue daily business operations. These replacements are commonly known as "strikebreakers" or "scabs". However, permanent replacement of economic strikers may only be done under strict conditions outlined in the NLRA.

Question 15

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

Accepted Answer

Interest arbitration is a legal process used to resolve disputes between management and labor unions. The arbitrator, who is a neutral third party, listens to both sides of the argument and then makes a final and binding decision. This decision is enforceable by law and cannot be changed by either party. In contrast, mediation and fact-finding are non-binding processes, meaning that the parties involved are not required to accept the recommendations or suggestions made by the mediator or fact finder.

Question 16

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

Accepted Answer

Employees typically weigh the potential costs (such as lost wages, risk of being fired or replaced, negative impact on their reputation) against the benefits they hope to gain (such as improved wages or working conditions) before deciding whether or not 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.

Accepted Answer

The answer of An employee may resign from the union...

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.

Accepted Answer

This is known as a strategic or provoked strike, where the employer deliberately takes actions to provoke a strike in order to gain an advantage in negotiations, such as breaking the union's power or forcing concessions. However, it is important to note that this tactic can also backfire and result in negative consequences for the employer.

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.

Accepted Answer

According to data from the Bureau of Labor Statistics, work stoppages in the United States have been at or near historic low levels since 1982. This includes a decline in the number 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.

Accepted Answer

Management can engage in practices that provoke workers to strike, potentially using it as a strategic advantage to address issues like overstaffing or to gain leverage in negotiations.

Quiz 9: Resolving Negotiation Impasses and Contract Ratification