This activity contains 22 questions.
Question 1.
________ is a process used to resolve an impasse in negotiations in which the parties submit the unresolved items to a neutral third party to render a binding decision.
o Interest arbitration
o Closed mediation
o Advisory arbitration
o Facilitative mediation
o Evaluative mediation
Question 2.
If the ________ is passed, then the voluntary nature of interest arbitration in the private sector will change because the act provides for negotiations and mediation as the first step in the process and arbitration for those that fail to reach an agreement on their own.
o Interstate Commerce Act
o Employee Free Choice Act
o Federal Credit Union Act
o Fair Labor Standards Act
o Administrative Procedure Act
Question 3.
Which of the following statements is TRUE of rights arbitration?
o In the case of rights arbitration, the decision given by the arbitrator is not binding on either of the parties.
o Rights arbitration is rarely found in labor agreements and it is used far less than interest arbitration today.
o Rights arbitration is a formal, public judicial process.
o Rights arbitration deals with the allegation that an existing agreement has been violated or misinterpreted.
o In the public sector, rights arbitration is always conducted by the National Labor Relations Board.
Question 4.
Rights arbitration is also known as ________ arbitration.
o grievance
o concurrent
o distributive
o reciprocal
o associative
Question 5.
The Railway Labor Act (RLA) has jurisdiction over disputes between employees and employers in the railroad and ________ industries.
o manufacturing
o airline
o roadways
o shipping
o hospitality
Question 6.
A tripartite arbitration board usually has ________.
o three arbitrators, one each from labor and management, and a union representative
o equal numbers of arbitrators chosen to represent labor and management, one of whom iss elected the chairman
o fewer arbitrators chosen by management than arbitrators chosen by labor
o one or more members selected by management, an equal number of members selected by labor, and a neutral member who serves as chairperson
o members who are selected from labor, with a neutral member selected from management, who serves as the chairman.
Question 7.
Which of the following is the first step in a hearing procedure for the arbitration of a grievance?
o the presentation of evidence, witnesses, and arguments by the initiating party
o the presentation of evidence, witnesses, and arguments by the defense
o filing of briefs
o a summation by the initiating party
o an opening statement by the initiating party
Question 8.
An arbitrator's written statement discussing the reasons for the decision in a particular case is known as the "arbitrator's ________."
o summation
o opinion
o closing statement
o award
o thesis
Question 9.
________ allows a panel to make a final and binding decision on a negotiation dispute and has been used in the public sector to resolve impasses.
o Facilitative mediation
o Evaluative mediation
o Closed mediation
o Interest arbitration
o Advisory arbitration
Question 10.
Which of the following statutes governs the private sector arbitration of disputes?
o Labor Management Relations Act
o Rules Enabling Act
o Robinson Patman Act
o Davis-Bacon Act
o Career Incentive Act
Question 11.
Mediation 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.
o True
o False
Question 12.
Most interest arbitration in the United States occurs in the private sector, under compulsory statutes.
o True
o False
Question 13.
Rights arbitration deals with the interpretation or application of current contract terms.
o True
o False
Question 14.
There are no prescribed rules for grievance arbitration as there are in the judicial process.
o True
o False
Question 15.
In the Steelworks Trilogy cases the Supreme Court held that the function of a court is limited to a review of whether the issue to be arbitrated is governed by the contract and unless the arbitrator's award is ambiguous, the courts should enforce it even if the court would not have decided the substantive issue in the same way.
o True
o False
Question 16.
The common law of the shop is a recognition of the bargaining history of the two parties involved in the dispute.
o True
o False
Question 17.
The Railway Labor Act (RLA) has jurisdiction over disputes between employees and employers in the railroad and shipping industry.
o True
o False
Question 18.
Both labor and management participate in the selection of the arbitrator.
o True
o False
Question 19.
A tripartite arbitration board usually has one or more members of the NLRB, an equal number of members of the Federal Labor Relations Authority, and a neutral member who serves as chairperson.
o True
o False
Question 20.
According to the concept of double jeopardy, a person can be punished twice for the same offense based on the same conduct.
o True
o False
Question 21.
What are the five principles that govern the arbitration of grievances under collective bargaining?
Question 22.
What is parol evidence?