Question 1

The ________ Act provides for the arbitration of disputes involving collective bargaining agreements.

Accepted Answer

The Labor Management Relations Act, also known as the Taft-Hartley Act, includes provisions for the arbitration of disputes involving collective bargaining agreements. The other options listed do not pertain to this topic.

Question 2

In which of the following cases is a successor employer most likely to inherit the predecessor's contractual duty to arbitrate?

Accepted Answer

In cases where there is "substantial continuity" between the old and the new companies, the successor employer is most likely to inherit the predecessor's contractual duty to arbitrate. This means that the new company has essentially taken over the operations of the old company and is continuing the same business or industry. In such cases, the courts have found that it is reasonable to expect the new company to honor the existing collective bargaining agreement and to be bound by the arbitration clause. Other factors that may affect whether the duty to arbitrate is inherited include whether the new company accepts the existing bargaining unit and union, whether a new collective bargaining agreement is entered into, and whether there are any doubts about the employees' support for the incumbent union.

Question 3

Which of the following is TRUE of arbitration?

Accepted Answer

The courts play a role in determining whether parties have a duty to arbitrate a dispute, often based on the existence and terms of an arbitration agreement. The other options are incorrect because courts generally do not examine the merits of the underlying grievance to determine the duty to arbitrate (B), the duty to arbitrate can extend beyond the life of the contract if so specified within the agreement (C), and courts typically do not examine the correctness of an arbitration award before enforcing it, as the purpose of arbitration is to provide a final and binding resolution outside of the court system (D).

Question 4

Which of the following statements is TRUE of arbitration of grievances under collective bargaining?

Accepted Answer

The principle of voluntary submission applies to arbitration of grievances under collective bargaining. The parties must agree to submit a dispute to arbitration, and they cannot be compelled to bring a matter before an arbitrator if they have not agreed to do so. A court will generally not examine the merits of the underlying grievance when deciding whether a dispute is arbitrable or not. Rather, the court will look to the language of the labor contract and the arbitration clause to determine the scope of the clause and whether the particular dispute falls within the scope of the clause. Courts will generally construe an arbitration clause broadly and resolve any doubts about arbitrability in favor of arbitration. Once the arbitrator has issued a decision, a court will generally enforce it without delving into the correctness of the decision, except in limited circumstances, such as cases of fraud or misconduct by the arbitrator.

Question 5

________ arbitration is also known as grievance arbitration.

Accepted Answer

Grievance arbitration is a type of rights arbitration, which deals with disputes over the interpretation and application of collective bargaining agreements. It is called grievance arbitration because it is typically used to resolve disputes over workplace grievances, such as disciplinary actions or working conditions. Concurrent arbitration involves multiple disputes being heard at the same time, interest arbitration deals with disputes over economic issues, and reciprocal arbitration involves parties agreeing to resolve disputes by taking turns selecting arbitrators.

Question 6

In the Steelworks Trilogy cases the Supreme Court ________.

Accepted Answer

The Steelworks Trilogy refers to three Supreme Court cases that upheld the grievance arbitration process and limited judicial intervention in labor disputes, emphasizing the importance of arbitration in resolving labor issues.

Question 7

Which of the following is a difference between a grievance arbitration process and a judicial process?

Accepted Answer

Grievance arbitration processes are typically less formal and have more flexible rules compared to the structured and formal rules of the judicial process.

Question 8

________ is a process in which the parties involved agree to submit an unresolved dispute to a neutral third party, whose decision is final and binding.

Accepted Answer

Arbitration is the process in which parties involved agree to submit an unresolved dispute to a neutral third party, whose decision is final and binding. Mediation is when parties involved come together with the help of a neutral third party to negotiate a resolution to a dispute. Formalization is the act of converting something from an informal to a formal status, such as creating policies or procedures. Polarization is a process in which a group becomes more divided and extreme in their views. Therefore, the correct answer is C, arbitration.

Question 9

________ arbitration deals with the allegation that an existing collective agreement has been violated or misinterpreted.

Accepted Answer

Rights arbitration specifically deals with allegations of violation or misinterpretation of a collective agreement. Reciprocal arbitration involves disputes over the terms of a new agreement, distributive arbitration deals with issues of allocation, and concurrent arbitration involves multiple issues being addressed at once.

Question 10

Which of the following terms refers to the recognition of the bargaining history of those in the same industry to determine the respective rights of the parties involved in a labor dispute?

Accepted Answer

The term that refers to the recognition of the bargaining history of those in the same industry to determine the respective rights of the parties involved in a labor dispute is the common law of the shop. This principle considers industry-wide practices and customs when interpreting labor agreements and resolving disputes.

Question 11

Which of the following terms refers to a proof that is not contained within the four edges of the collective bargaining agreement?

Accepted Answer

Parole evidence refers to evidence that is outside of the written contract, including oral agreements or other agreements inferred through conduct, that can be used to interpret or supplement the terms of the contract. Past practice (A) refers to a pattern of behavior or decision-making that has been consistently followed over time and has become an established practice within a workplace. Common law of the shop (B) is a term used to describe the unwritten rules and practices that govern behavior and decision-making in a workplace or industry. Just cause (C) refers to the requirement that an employer have a valid reason for taking disciplinary action against an employee, and may be defined within a collective bargaining agreement or other employment contract. None of these terms directly refer to evidence that is outside of the written agreement like parole evidence does.

Question 12

The ________ adopted an elaborate form of interest arbitration, known as the Experimental Negotiating Agreement, in the 1970s as a means of avoiding the long and costly strikes that had made the industry vulnerable to foreign competition.

Accepted Answer

The United Steelworkers of America adopted the Experimental Negotiating Agreement in the 1970s to avoid long and costly strikes in the industry.

Question 13

In the landmark case of Lincoln Mills, the Supreme Court ordered that ________.

Accepted Answer

In the landmark case of Lincoln Mills, the Supreme Court ordered that employers must arbitrate grievances as provided for in a collective bargaining agreement. This decision established the principle of "federal arbitration law," which requires that collective bargaining agreements be enforced with the same force as any other contract under federal law.

Question 14

The ________ Act is also called the United States Arbitration Act.

Accepted Answer

The Federal Arbitration Act is also known as the United States Arbitration Act. This law provides for the enforcement of arbitration agreements in both state and federal courts.

Question 15

A grievance is presumed to be arbitrable if ________.

Accepted Answer

A grievance is presumed to be arbitrable if the contract provides for the arbitration of grievances and does not exclude the topic under consideration. This means that if the contract includes a provision for resolving disputes through arbitration and the issue at hand is not explicitly excluded from this provision, then the grievance is assumed to be eligible for arbitration. Courts will generally defer to this presumption and view arbitration as the preferred method for resolving labor disputes.

Question 16

Which of the following statements is TRUE of interest arbitration?

Accepted Answer

Interest arbitration is most commonly used in the public sector, where it is often mandated by law. In contrast, in the private sector, interest arbitration is optional and generally used as an alternative to a strike or lockout. The decision given by the arbitrator in interest arbitration is usually binding on both parties. There is no federal law governing interest arbitration in the public sector, although some states have specific legislation in place.

Question 17

Which of the following is a difference between arbitration and litigation?

Accepted Answer

One key difference between arbitration and litigation is that arbitrators do not necessarily have to have formal legal training, while people conducting litigation are typically lawyers.

Question 18

Under which of the following circumstances does a labor-management issue become arbitrable even after the collective bargaining contract expires?

Accepted Answer

Arbitrability of an issue post-expiration of a collective bargaining agreement typically depends on whether the dispute arises from rights and obligations that were established under the contract before it expired. If the facts and events that led to the dispute occurred while the contract was still in effect, the issue can still be considered arbitrable even after the contract has expired.

Question 19

In the ________ case, the Supreme Court ordered an employer to arbitrate grievances as provided for in a collective bargaining agreement, stating that an employer's agreement to arbitrate grievance disputes was a trade-off for the union's agreement not to strike.

Accepted Answer

The answer of In the ________ case, the Supreme Court...

Question 20

Rights arbitration refers to ________.

Accepted Answer

Rights arbitration refers to the interpretation and application of current contract terms, rather than issues not specifically mentioned in the contract, past practice, or evidence outside of the collective bargaining agreement.

Quiz 12: The Arbitration Process