Arbitration Case Study

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Register to read the introduction… While arbitration has many procedural problems, delay is not one of them, since most arbitration cases are heard within 10 days after the request.

17. World War II increased the popularity of arbitration since many union and management officials realized that uninterrupted wartime production was essential.

18. The "repeat player" situation favors the individual employee.

19. Arbitrators heavily weigh offers of a compromise grievance settlement before the arbitration hearing since this offer reveals the intent of one or both of the parties.

20. All things considered (time and expense involved), arbitration offers fewer advantages to the parties than other methods of grievance resolution, such as "pulling the pin" through sudden strike activity.

MULTIPLE CHOICE

1. The Supreme Court's Gardner-Denver decision:
a. resulted in trial courts overturning discrimination grievances heard by the arbitrators.
b. contended that the arbitrator’s expertise pertains to labor agreement interpretation and not to resolving federal civil rights laws.
c. applies only to "reverse-discrimination" grievances (white employees having more seniority who are denied a promotion filled by a minority employee, for example).
d. all of these
e. none of
…show more content…
all of these
e. the courts are better qualified than the arbitrator to resolve an employee's grievance and the issue of relative judicial or arbitration qualifications is irrelevant in the resolution of employee grievances.

7. About ___ percent of the requests for arbitrator lists are made to the FMCS.
a. 31
b. 26
c. 43
d. 58
e. 67

8. The Supreme Court's Lincoln Mills decision:
a. suggested union and management officials look to mediation instead of arbitration as a means of resolving grievance disputes.
b. reversed the government's pro arbitration stance taken during World War II.
c. indicated that the federal courts should enforce agreements to arbitrate in the interest of industrial peace.
d. all of these
e. reversed the government's pro arbitration stance taken during World War II and suggested union and management officials look to mediation instead of arbitration as a means of resolving grievance disputes.

9. An arbitrator's decision:
a. includes a statement of the issue.
b. includes a statement of the facts surrounding the grievance.
c. discusses the validity and relative weight of the facts and contentions.
d. includes the arbitrator's award.
e. all of

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