THE ARBITRATOR IS BETTER QUALIFIED THAN THE COURTS TO RESOLVE AN EMPLOYEE’S GRIEVANCE.

09 Jul THE ARBITRATOR IS BETTER QUALIFIED THAN THE COURTS TO RESOLVE AN EMPLOYEE’S GRIEVANCE.

uestion 1

1. The Supreme CourtSteelworkers’ Trilogy(1960) decisions in essence stated that:

   		a. the courts are better qualified than the arbitrator to resolve an employee’s grievance.
   		b. the arbitrator is better qualified than the courts to resolve an employee’s grievance.
   		c. the issue of relative judicial or arbitration qualifications is irrelevant in the resolution of employee grievances.
   		d. 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.

4 points

Question 2

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

   		a. 31
   		b. 26
   		c. 43
   		d. 58
   		e. 67

4 points

Question 3

1. The “repeat player” situation favors the individual employee.

   True

   False

4 points

Question 4

1. A major purpose in cross-examination is to reinforce the other party’s testimony.

   True

   False

4 points

Question 5

1. The passage of the Wagner Act of 1935 and the creation of the NLRB provided the first legal means for holding employers accountable for at least some of their disciplinary decisions and actions.

   True

   False

4 points

Question 6

1. 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.True

   False

4 points

Question 7

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

   		a. Progressive discipline does not allow employees an opportunity to correct their behavior.
   		b. There are increasingly severe penalties corresponding with repeated, identical offenses committed by an employee.
   		c. Progressive discipline impresses on the employee the seriousness of repeated offenses.
   		d. There are penalties that range in severity from an informal oral warning to immediate discharge.
   		e. Penalties for various types of offenses are clearly spelled out in a disciplinary price list.

4 points

Question 8

1. Which of the following statements is false about the evolution of employee discipline?

   		a. It wasn’t until the 1970s that employers could be held legally accountable for their disciplinary actions.
   		b. In the 18thand 19thcenturies, employers exercised uncontrolled discretion relating to employee discipline.
   		c. Frederick W. Taylor was among the first management thinkers to advocate a disciplinary approach that focuses on correction rather than discharge.
   		d. At one time, an employee could be disciplined by having his tongue burned or being whipped in public for speaking to management in an insolent or rude manner.
   		e. The protections against wrongful disciplinary actions initially afforded by the Wagner Act applied only to employees covered by a collective bargaining agreement.

4 points

Question 9

1. Which of the following is a responsibility of the Federal Labor Relations Authority (FLRA)?

   		a. leading all negotiations in the federal sector
   		b. conducting arbitration in the federal sector
   		c. representing federal government managers in court
   		d. supervising elections in the federal sector
   		e. all of these are responsibilities of the FLRA

4 points

Question 10

1. 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?

   		a. Federal Service Impasse Panel
   		b. Federal Trade Commission
   		c. National Labor Relation Commission
   		d. Federal Labor Relations Authority
   		e. Federal Negotiations Service

4 points

Question 11

1. 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.

   True

   False

4 points

Question 12

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

   True

   False

4 points

Question 13

1. Mediators have binding legal authority to require the parties to settle an interest dispute, but they often first restrict themselves to offering advice to help each party to clarify their own priorities and assessment of costs or risks associated with failing to reach a voluntary agreement.True

   False

4 points

Question 14

1. Arbitrators differ from mediators because arbitrators are almost always appointed by the government to resolve strikes in the private sector.True

   False

4 points

Question 15

1. Public opinion of institutions in general is low in the United States.True

   False

4 points

Question 16

1. Public opinion, while a potentially powerful influence, pertains only to the first phase of the labor relations process, particularly union organizing drives

   True

   False

4 points

Question 17

1. Technology is an external variable that influences the development of work rules. Which of the following represent a dimension of technology?

   		a. characteristics of the work environment and the tasks to be performed
   		b.b.equipment used in operation
   		c.information exchange
   		d.the pace and scheduling of work
   		e.all of the above

4 points

Question 18

1. Management purchases of automated equipment:

   		a. can reduce the number and/or skills of employees in the supermarket industry.
   		b.precipitated a strike at AT&T.
   		c.has been encouraged by the tremendous success of the U.S. Postal Service’s automated experience with bar codes.
   		d.is currently at a higher rate than that found in Japan.
   		e.all of these

4 points

Question 19

1. An employee alleging unlawful discharge is under affirmative duty to seek comparable employment to mitigate the respondent employer’s potential back-pay liability while awaiting a final determination of the merit of the ULP charge.True

   False

4 points

Question 20

1. Statutory law includes legislation originally written for general population but is applied in specific instances to labor relations.True

   False

4 points

Question 21

1. The NLRB mediates cases and awards damages or fines where it deems necessary.True

   False

4 points

Question 22

1. Employee rights are guaranteed by the National Labor Relations Act; thus, the National Labor Relations Board investigates companies on its own to assure that the rights are protected.True

   False

4 points

Question 23

1. Which of the following werenotincluded in the Wagner Act?

   		a. specific union unfair labor practices
   		b.specific employer unfair labor practices
   		c.guarantees of certain employee rights
   		d.NLRB
   		e.creation of an administrative agency

4 points

Question 24

1. To ensure the constitutionality of the NLRA, Congress provided that unfair labor practice decisions of the NLRB could be appealed for review by:

   		a. a federal Circuit Court of Appeals.
   		b.a federal District Court.
   		c.the local police within its jurisdiction.
   		d.state court systems.
   		e.the Department of Labor.

4 points

Question 25

1. 1. Which one of the following wasnota weakness in the Norris-LaGuardia Act?

   		a. It did not prevent unions from certain activities that adversely affected commerce.
   		b.It did not recognize employee rights in labor relations.
   		c.It did not set up an administrative agency.
   		d.It did not establish unfair labor practices of employers.
   		e.All of these were weaknesses in the Norris-LaGuardia Act.