Question 1

Given the current criticisms against detailed, legalistic employment contracts between union members and their employers, how did these contracts develop and why have they persisted for so many years? Begin your response by describing the features of a typical union contract.

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Question 2

In some nonunion settings, workplace disputes are decided by a group of employees and managers known as a _______________________________.

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Question 3

The difference between restricted managerial control in unionized workplaces and complete unilateral control in nonunion workplaces, is known as the _______________________________.

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Question 4

Explain the importance of seniority in union contracts and discuss the various ways in which seniority is used in making job-related decisions. Why is seniority preferable to other methods of making these same decisions?

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Question 5

Union contracts convey a number of rights and obligations related to jobs. Describe these rights and obligations and discuss their advantages and disadvantages from the union and management perspectives.

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Question 6

The most common type of dispute resolution system in nonunion environments is the ______________________________ which encourages employees who are dissatisfied at work to speak directly to their managers about their concerns and complaints.

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Question 7

Employees benefit from _______________________________, which is the right to have a hearing, be assisted by an advocate if desired, and present evidence in their defense.

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Question 8

An _______________________________ is a "neutral" employee of the company that facilitates discussions and informally mediates between employees and managers to help them resolve workplace disputes.

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Question 9

In 1975, the Supreme Court ruled that employees who believe that discipline will result from a meeting with management may insist that a union representative be present. These rights are known as _______________________________ rights.

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Question 10

In applying the 7 tests of just cause, a manager should ensure that any disciplinary investigation is fair and _____________________.

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Question 11

When parties have a dispute over how to interpret a union contract and that dispute cannot be resolved internally, they may engage in _______________________________ which involves a hearing before a third-party neutral, who issues a decision that is binding on the parties.

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Question 12

An increasing number of employers are requiring employees to sign _______________________________ agreements as a condition of employment. Employees waive their rights to bring an employment lawsuit against an employer and agree instead to resolve disputes using final and binding arbitration.

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Question 13

The conditions that Arbitrator Carroll Daugherty set forth in a frequently cited 1966 arbitration decision to decide whether an employer had sufficient reason to dismiss an employee are known as the _______________________________.

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Question 14

In 1960 the Supreme Court issued a set if decisions known as the ____________________________ which established the legal authority of arbitrator's to make final and binding decisions and the obligation of parties to abide by those decisions.

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Question 15

The arbitrators' decisions are based on the _______________________________, which are the written rules and unwritten customs developed in each workplace by the union contract, intent of the negotiators, and past practices.

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Question 16

Under the _______________________________ doctrine, employers are generally free to establish whatever terms and conditions of employment they desire and to discharge workers at any time.

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Question 17

Over 90 percent of private sector union contracts, and many public sector ones as well, specify that employees can be disciplined and discharged only for _______________________________.

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Question 18

The arbitration process strongly resembles court proceedings in that it utilizes similar rules of evidence, burden of proof, etc. However, unlike a judge, the arbitrator also has the ability to work outside these rules when necessary. As such, arbitration can be called a _______________________________ process.

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Question 19

In arbitration an employee will be found guilty only if the employer can demonstrate ___________________ proof of guilt.

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Question 20

When interpreting contract language, an arbitrator will look to _______________________________ to determine how prior incidents of the same or similar issues were handled by the employer and union.

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Quiz 9: Contract Clauses and Their Administration