Man 4401

Front 1

1. Arbitration is one of the more traditional aspects of industrial relations since it was extensively used in the early 1800s.

Back 1

FALSE

Front 2

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

Back 2

TRUE

Front 3

3. The Steelworkers' "Trilogy" recognized the importance of the common law of the shop.

Back 3

TRUE

Front 4

. Currently, management might have to submit a grievance to arbitration even if the labor agreement is no longer in effect and management has decided to close its operations.

Back 4

TRUE

Front 5

5. While arbitration is a common practice today, there are no universally applicable rules concerning arbitration hearings including number of participants and location.

Back 5

TRUE

Front 6

6. Prehearing stipulations are joint union-management agreements as to the issues involved and certain grievance "facts" concerning the grievance.

Back 6

TRUE

Front 7

7. An arbitrator is not allowed to frame the wording of the grievance issue after the arbitrator has heard the evidence presented at the arbitration hearing.

Back 7

FALSE

Front 8

8. The union and management officials own the arbitration hearing but the arbitrator is in charge of it.

Back 8

TRUE

Front 9

9. Even though an arbitrator has the legal authority to subpoena witnesses and documents, the arbitrator may not make an adverse inference if the subpoena is not complied with.

Back 9

FALSE

Front 10

10. Arbitrators are usually more liberal than the courts in the types of evidence permitted at the hearing

Back 10

TRUE

Front 11

11. 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.

Back 11

FALSE

Front 12

12. Arbitrators often assess witness credibility through rather subjective measures, such as speaking softly or looking at their feet.

Back 12

TRUE

Front 13

14. One of the fundamental rules in labor arbitration is that, when the contract language is clear and unambiguous, the arbitrator must apply the language as it is written.

Back 13

TRUE

Front 14

15. Past practice at a particular facility might add to the existing terms of the labor agreement or even alter clear and convincing contractual provisions.

Back 14

TRUE

Front 15

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

Back 15

FALSE

Front 16

18. 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.

Back 16

FALSE

Front 17

19. The burden of proof in a discharge rests with the employer, even though the union may have filed the grievance.

Back 17

FALSE

Front 18

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

Back 18

FALSE

Front 19

1. Before World War II, the arbitrator's decision largely relied on:

Back 19

persuasive and diplomatic capabilities of the arbitrator in forming a consensus opinion that both parties could accept.

Front 20

2. The National War Labor Board (NWLB):

Back 20

encouraged the parties to carefully define the arbitrator's jurisdiction in the labor agreements and served as a training ground for future arbitrators.

Front 21

3. The Supreme Court's Lincoln Mills decision:

Back 21

reversed the government's pro arbitration stance taken during World War II.

Front 22

4. The Supreme Court Steelworkers' Trilogy (1960) decisions in essence stated that:

Back 22

the arbitrator is better qualified than the courts to resolve an employee's grievance.

Front 23

5. About ___ percent of the requests for arbitrator lists are made to the FMCS.

Back 23

43

Front 24

6. Surveys of arbitrators found that the majority of these individuals:

Back 24

have a graduate or law degree and are older--over 50 years old.

Front 25

7. Pre-hearing briefs:

Back 25

might backfire for the presenting party.

Front 26

8. The post-hearing brief:

Back 26

can be useful when the issue and/or related statistical evidence is technical and
complicated.

Front 27

9. Arbitrators, unlike judges:

Back 27

are hired by the parties and have to consider the common law of the shop.

Front 28

10. The "common law of the shop" means that the arbitrator:

Back 28

b.is concerned with how the decision affects the parties to the labor agreement, even
though that decision might be different from another company having a different
labor agreement.

Front 29

11. The common law of the shop is derived from:

Back 29

all of these

Front 30

12. An arbitrator's decision:

Back 30

all of these

Front 31

13. An "ideal" or good arbitrator's decision:

Back 31

focuses on the losing party (the union or management presenter), addressing that
individual's arguments.

Front 32

14. The "parole evidence" rule:

Back 32

adheres to the "common law of the shop" principle and its related labor agreement language.

Front 33

15. The Supreme Court's Gardner-Denver decision:

Back 33

contended that the arbitrator's expertise pertains to labor agreement interpretation and not to resolving federal civil rights laws.

Front 34

16. In 1955, the NLRB's deferral to arbitration policy was formulated in the __________ case.

Back 34

Spielberg Manufacturing Company

Front 35

18. The arbitrator's professional responsibility provisions generated by the National
Academy of Arbitrators, the Federal Mediation and Conciliation Service, and the American Arbitration Association:

Back 35

discourage the arbitrator from considering a post-hearing brief that has not been given to the other party.

Front 36

20. Employment arbitration:

Back 36

all of these

Front 37

1. Discipline refers not only to actions taken against employees but also to a set of methods or actions that are intended to result in workers who are self-regulating and willing to follow management directives.

Back 37

TRUE

Front 38

3. Under the implied contract exception to the employment-at-will doctrine, an employee is wrongfully discharged if and when the discharge is inconsistent with an explicit, well-established public policy of the state

Back 38

FALSE

Front 39

5. A manager terminates an employee because of a personal grudge against the employee. This discharge could be contested in 12 states at least under the covenant-of-good faith and fair dealing exception to the employment-at-will doctrine.

Back 39

TRUE

Front 40

6. It is estimated that employers incur tremendous indirect costs (e.g., costs of poorly performing employees, costs of overly complex hiring processes, unnecessary granting of severance pay) because they routinely overestimate the costs of fighting wrongful discharge suits.

Back 40

TRUE

Front 41

9. The National Unfair Dismissal Statute would provide protection against unfair dismissal to those nonunionized employees who have worked for an employer (15 or more employees) for a period of at least two years.

Back 41

FALSE

Front 42

11. In order for an arbitrator to find that discipline was for “just cause,” it is necessary to find clear and convincing evidence that a disciplinary offense was committed.

Back 42

TRUE

Front 43

15. Arbitrators regard discharge as a last resort to be used only when all other corrective attempts have failed

Back 43

TRUE

Front 44

17. The presence of "mitigating circumstances" usually makes it more likely that the disciplinary actions of management will be upheld, particularly discharge decisions.

Back 44

FALSE

Front 45

19. The Supreme Court has stated that union representation in discipline cases is only necessary after the company has made its disciplinary decision.

Back 45

FALSE

Front 46

2. Which of the following is NOT one of the broad powers exercised by arbitrators in discipline cases?

Back 46

The power to determine if employers have violated federal law and dispatch remedies against the employer.

Front 47

4. In 41 states, an employee may not legally be discharged if oral or written representations have been made to employees about job security. This is known as the _______________ to the employment-at-will doctrine.

Back 47

implied contract exception

Front 48

6. Even though all of the following rationale may be legitimate from a managerial perspective, arbitrators consider which one of the following to be the only legitimate/ necessary purpose of employee discipline?

Back 48

To correct and improve the employee's behavior.

Front 49

8. Evidence obtained through "search and seizure" techniques (e.g., looking inside the employee's locker) without the employee's knowledge:

Back 49

will usually be permitted as long as company representatives did not forcibly break into the employee's private property.

Front 50

11. A "reasonable" rule:

Back 50

relates to the orderly, efficient, and safe operation of the employer's business.

Front 51

12. Rules prohibiting "horseplay" or "gambling" are usually:

Back 51

more vague than management intended, even though it seems clear what is meant by these terms.

Front 52

15. Which of the following is NOT characteristic of progressive discipline?

Back 52

Progressive discipline does not allow employees an opportunity to correct their behavior.

Front 53

17. Which of the following would NOT lead an arbitrator to consider reducing management's assigned penalty?

Back 53

All of these would lead an arbitrator to consider reducing the assigned penalty.

Front 54

18. The most common mitigating circumstance is probably the employee's:

Back 54

work record

Front 55

2. A majority of teachers, firefighters, and police are represented by public-sector unions.

Back 55

TRUE

Front 56

4. Favorable public-sector labor laws appear to be a significant factor encouraging growth in public-sector labor relations.

Back 56

TRUE

Front 57

10. If a subject of collective bargaining is permissible, both parties are required to negotiate in good faith, even though an agreement may not be reached.

Back 57

TRUE

Front 58

12. The Civil Service Reform Act (CSRA) makes it an unfair labor practice for a party to refuse or fail to cooperate in impasse procedures.

Back 58

TRUE

Front 59

14. Like in the private sector, the market economic system controls the price, quality, and availability of most services in the public sector.

Back 59

TRUE

Front 60

16. Supervisors and managers have been granted the right to engage in collective bargaining in some states

Back 60

TRUE

Front 61

18. Union negotiators have more difficulty determining "who speaks for management" in public-sector bargaining as compared to private-sector negotiations.

Back 61

TRUE

Front 62

1. The highest percent of public-sector employees who are union members exist at what level of government?

Back 62

local

Front 63

3. The Federal Labor Relations Authority (FLRA) was established by:

Back 63

the Civil Service Reform Act of 1978.

Front 64

5. Which one of the following organizations consists of one chairperson and at least six members appointed by the President that investigate any negotiation impasse presented and is authorized to take any necessary action to settle the dispute?

Back 64

Federal Service Impasse Panel

Front 65

7. Which of the following is true about privatization?

Back 65

Privatization of public-sector jobs was begun in the 1980s under the Reagan administration.

Front 66

9. The designation granted to a labor union by the federal government that indicates that the union has been selected by secret ballot of employees to be the exclusive representative of a group of employees is called:

Back 66

exclusive recognition.

Front 67

11. Which of the following is NOT considered an unfair labor practice under the Civil Service Reform Act (CSRA)?

Back 67

Refusing to negotiate over a “permissible” bargaining subject

Front 68

15. Which of the following statements about the rights and obligations of public-sector employees is NOT correct?

Back 68

A public-sector employee's First Amendment right to expression cannot be overruled simply by the employer's need for efficient work operations.

Front 69

16. What is the labor relations term used to describe the involvement of multiple parties in the collective bargaining process, particularly applicable to state and local level public sector bargaining?

Back 69

Multilateral bargaining.

Front 70

17. State laws that allow citizens to observe the collective bargaining process are referred to as:

Back 70

sunshine laws

Front 71

19. Using the _______________ approach, an arbitrator chooses the entirety of either the union's or management's final offer covering all disputed issues.

Back 71

total package selection final offer arbitration (FOA)

Front 72

1. A number of large MNCs are so enormous that their sales are frequently larger than the entire economy of the countries in which they conduct business.

Back 72

TRUE

Front 73

3. Organized labor in the United States is generally supportive of MNCs because they believe that MNCs improve wages for workers in the U.S

Back 73

FALSE

Front 74

6. Given the high costs involved, evidence indicates that it is relatively rare for MNCs to shift production to other countries in order to intimidate local unions.

Back 74

TRUE

Front 75

7. American jobs have been lost in major industries, such as the automobile, steel, textile, footwear, and consumer electronics, whereas jobs in the aircraft, computers, entertainment, and finance industries have increased

Back 75

TRUE

Front 76

8. As a result of NAFTA, real wages have grown rapidly for Mexican workers.

Back 76

FALSE

Front 77

9. The majority of all workers in the United States are protected against termination without cause.

Back 77

FALSE

Front 78

12. Collective bargaining in South America is far more common and unions are more sophisticated than in the United States

Back 78

FALSE

Front 79

15. Unionization in most Western Europe countries is far more widespread than in the United States.

Back 79

TRUE

Front 80

19. Employees of all private firms in Japan are guaranteed lifetime employment.

Back 80

TRUE

Front 81

1. Which of the following is NOT true about MNCs?

Back 81

MNCs have relatively little economic influence in most of the countries in which they operate.

Front 82

2. Compensation costs tend to be the highest in Western European countries. Which of the following groups of countries have relatively low compensation costs?

Back 82

United States & Canada.

Front 83

4. MNCs have an internal source of products and profits from facilities in several countries that can be used as leverage to bargain down wages, benefits, and other employment conditions. This practice is known as ________________ the union.

Back 83

whipsawing

Front 84

6. Which method have unions been the most successful in implementing in their dealings with MNCs?

Back 84

transnational bargaining

Front 85

7. All of the following are present obstacles to transnational bargaining with MNCs except:

Back 85

organized and active MNC resistance

Front 86

8. Which of the following is NOT one of the benefits that has been realized from the expansion of free trade and globalization?

Back 86

Workers in developed economies, such as the U.S., have benefited from increased employment in the high-paying manufacturing industries.

Front 87

10. Which of the following statements about the North American Agreement on Labor Cooperation (NAALC) is false?

Back 87

The NAALC has been judged to be very successful due to the increased cooperation it has fostered between NAFTA member nations in dealing with labor relations problems.

Front 88

11. Canada's labor relations system is affected by:

Back 88

differences in provincial law leading to a disjointed, regionalized/localized approach to labor relations.

Front 89

14. Which of the following is a false statement about labor relations in Mexico?

Back 89

If a strike is ruled legal in Mexico, managers have the right to keep working and hire replacement workers

Front 90

16. Which of the following is true about labor relations in Great Britain?

Back 90

All of these are true.

Front 91

17. Which of the following activities can frequently be found in the labor relations of Germany?

Back 91

Arbitration at the individual plant level on wages.

Front 92

18. Three unique characteristics of Japan's industrial relations system are:

Back 92

enterprise unions, lifetime employment, seniority-based wage system.

Front 93

19. Which one of the following elements characterizes labor relations in Australia?

Back 93

Industry-wide or company-wide “awards” similar to collective bargaining agreements in the United States.