Question 1

The legal enforceability of an arbitrator's decision when a contract includes a binding arbitration clause was established by a series of Supreme Court cases known as the Beck doctrine.

Accepted Answer

The legal enforceability of an arbitrator's decision in the context of a binding arbitration clause is primarily established by the Federal Arbitration Act, not a series of Supreme Court cases known as the Beck doctrine. The Beck doctrine refers to matters related to union dues and workers' rights, not arbitration.

Question 2

Joe Sloan has a reputation for being a poor performer who often shirks his responsibilities onto other employees. Joe has filed a complaint against his immediate supervisor, claiming that she did not following the union contract rules when she discharged him for insubordination. Even though Joe's union representative knows Joe is a poor performer and would prefer to see him dismissed, he is obligated by law to fairly represent him in the grievance process.

Accepted Answer

Union representatives are legally obligated to fairly represent all their members in the grievance process, regardless of their personal opinion or the member's performance record.

Question 3

An ombudsperson is a neutral person, employed by the company, who may investigate disputes but who is primarily concerned with helping management and the employee resolve their differences.

Accepted Answer

An ombudsperson is indeed a neutral person employed by the company to investigate disputes, but their primary role is to facilitate communication and understanding between management and employees in order to reach a resolution that benefits both parties.

Question 4

Nonunion grievance processes that end with a peer review as the final step have lower grievance filing rates than nonunion systems in which the final decision is made by a manager.

Accepted Answer

Nonunion grievance processes that end with a peer review as the final step often have higher grievance filing rates because employees may perceive the system as more fair and impartial compared to systems where the final decision is made by a manager, potentially leading to a greater willingness to file grievances.

Question 5

The concept of past practice is one where arbitrators use their own prior experience and decisions to help decide a particular arbitration case.

Accepted Answer

The concept of past practice refers to the way parties in a collective bargaining agreement have consistently conducted themselves over a period of time, which can be used as a reference in arbitration cases, rather than arbitrators using their own prior decisions.

Question 6

Turnover is generally higher in unionized settings than it is in nonunionized settings.

Accepted Answer

Research has shown that turnover rates are generally lower in unionized settings compared to nonunionized settings. One possible reason for this is that unions negotiate better wages and benefits for their members, which can make them more satisfied and less likely to leave their jobs. Additionally, unions can provide stronger job security protections, which can also decrease turnover rates.

Question 7

Arbitrators uniformly insist that strict rules of due process be adhered to when management investigates disciplinary actions at work.

Accepted Answer

Arbitrators do not uniformly insist on strict rules of due process akin to those in a court of law; rather, they seek a fair and reasonable process that respects the rights of all parties involved. The level of formality and adherence to strict rules can vary depending on the arbitration agreement, the nature of the disciplinary action, and the practices of the specific workplace or industry.

Question 8

Productivity is higher in nonunionized companies than it is in unionized companies.

Accepted Answer

Studies have shown mixed results regarding productivity in unionized vs. nonunionized companies. Some research suggests that unionized workplaces can have higher productivity due to better training, safer working conditions, and more motivated workers, while other studies indicate that nonunionized companies may have higher productivity due to more flexible labor practices. The impact of unions on productivity varies by industry, company, and the specific practices of the union and company involved.

Question 9

The grievance arbitration process is about helping the parties to problem-solve their differences regarding the interpretation of the contract and not a judicial activity where the arbitrator uses existing law to interpret the contract.

Accepted Answer

The answer of The grievance arbitration process is about helping...

Question 10

When making a determination as to whether an employee was justly or unjustly terminated, an arbitrator will generally apply a set of rules known as "the seven tests of just cause."

Accepted Answer

This statement is true. Arbitrators commonly use the seven tests of just cause to evaluate if an employee's termination was fair and valid. These tests include things like whether the employee had fair notice, whether the employer conducted an appropriate investigation, and whether the discipline was proportionate to the misconduct.

Question 11

Grievance procedures and arbitration are both criticized for being excessively legal, formal, and reactive, rather than proactive in trying to find ways to decrease the likelihood of future disputes.

Accepted Answer

Grievance procedures and arbitration are often seen as reactive measures that only address disputes after they have arisen, rather than proactively working to prevent conflicts from happening in the first place. These processes also tend to be very legalistic and formal, which can make them intimidating and difficult to navigate for employees who may not have legal training or representation. As such, some experts argue that organizations should focus more on developing proactive conflict resolution strategies and creating a more open and transparent culture that encourages communication and collaboration, rather than relying solely on legal mechanisms to resolve disputes.

Question 12

Job satisfaction is usually higher in nonunionized settings than in unionized settings, after one accounts for differences in working conditions and workplace climate.

Accepted Answer

The statement is actually false. Research has shown that there is no consistent difference in job satisfaction between unionized and nonunionized settings, and any differences that do exist are likely due to other factors such as working conditions and workplace climate.

Question 13

The traditional approach to dispute resolution in nonunionized settings has been a modified grievance procedure ending in arbitration by a peer review panel.

Accepted Answer

The traditional approach to dispute resolution in nonunionized settings typically involves direct negotiation between the employee and management, and if unresolved, may escalate to mediation or litigation, rather than a modified grievance procedure ending in arbitration by a peer review panel, which is more common in unionized settings.

Question 14

Arbitration hearings are essentially court hearings where the traditional rules of evidence are strictly followed.

Accepted Answer

Arbitration hearings are more informal than court hearings and do not strictly follow the traditional rules of evidence found in courtrooms.

Question 15

Over 90% of union contracts in the private sector specify that employees can be discipline and discharged for just cause only.

Accepted Answer

This statement is true, as most union contracts in the private sector include a "just cause" clause that only allows employees to be disciplined or terminated for valid reasons. This clause provides job security for union members and protects them from arbitrary or discriminatory actions by employers.

Question 16

Weingarten rights give union workers the right to have a union representative present at any disciplinary meeting as long as that representative does not prevent reasonable questioning of the employee by the employer.

Accepted Answer

Weingarten rights, established in the 1975 Supreme Court case NLRB v. J. Weingarten Inc., give union workers the right to have a union representative present at any disciplinary meeting as long as that representative does not prevent reasonable questioning of the employee by the employer. This is a true statement.

Question 17

Traditional grievance procedures are criticized for encouraging or allowing employees to become overly involved in workplace decision-making.

Accepted Answer

Traditional grievance procedures typically provide a formal process for addressing workplace problems or disputes, but they do not necessarily encourage or allow employee involvement in decision-making. Instead, these procedures often rely on management or other higher-level personnel to make final decisions about disputes or grievances. Some critics argue that this approach does not do enough to empower or engage employees in workplace decision-making, and may even discourage or stifle their input and participation.

Question 18

It is a union's legal obligation to represent all workers within a bargaining unit fairly even if they are not dues-paying union members.

Accepted Answer

This is known as the duty of fair representation, which is a legal obligation of the union to represent all workers in a bargaining unit, whether they are union members or not, without discrimination, bad faith, or arbitrary conduct.

Question 19

The effect of a union contract is often to create wage compression.

Accepted Answer

Union contracts often include provisions that set minimum wages for all workers covered by the contract, regardless of their individual skills or experience. This can lead to wage compression, where the pay gap between high-skilled and low-skilled workers within the union contract narrows. Additionally, some union contracts may include cost-of-living adjustments or seniority-based pay increases that further reduce wage differentials within the union workforce.

Question 20

In making a decision about the merits of a particular grievance, the arbitrator's role is to set aside his own personal beliefs and simply interpret and apply the contract as it was written by the parties.

Accepted Answer

The role of the arbitrator is to be impartial and to interpret and apply the contract as it was written by the parties. The arbitrator is not supposed to impose his or her personal beliefs or biases in deciding the merits of the case.

Quiz 9: Contract Clauses and Their Administration