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30 terms

Labor Relations CH 9

STUDY
PLAY
The main criticism of a nonunion grievance procedure is that it lacks many of the essential elements of due process.
true
Arbitration hearings are essentially court hearings where the traditional rules of court proceedings are strictly followed.
false
The basic element of formal nonunion dispute resolution procedures is ____________________.
an open door policy
A key criticism of the bureaucratic model of collective bargaining contracts as a way to address differences between management and labor is that they allow too much flexibility and unpredictability in the workplace.
false
Provisions that prevent the loss of union jobs by limiting the ability of the employer to send work to other employers are called subcontracting or outsourcing restrictions.
true
When employers require nonunion employees to waive their rights to court action in the case of a dispute with the employer as a condition of employment, it is called a(n):
Compulsory or mandatory arbitration agreement
The bureaucratic model of detailed union contracts and quasi-judicial grievance procedures is criticized because:
It inhibits flexibility and innovation.
Which of the following is not generally determined by seniority rights under a union contract:
Determination of which grievances will be pursued by the union
The right of workers to pay only the amount of dues that goes toward collective bargaining and contract administration is called
Beck Rights
The 1960 Supreme Court decision(s) that established the importance and legitimacy of grievance arbitration is/are referred to as the ___________________
Steelworkers Trilogy
Progressive or corrective discipline provides the opportunity for employees to remedy their poor behavior by having penalties that increase as the misconduct is repeated or gets more severe.
True
Hiring, specifying job content, and determining the size of the workforce are all ____________________ rights.
Management
The right to pay less than full union dues is called
Beck Rights
According to the ____________________ of management rights, all management rights not explicitly limited, restricted, or modified by the union contract are retained by management.
reserved rights doctrine
The 1960 Supreme Court decision(s) that established the importance and legitimacy of grievance arbitration is/are referred to as the ____________________.
Steelworkers Trilogy
When interpreting contracts, arbitrators look to
Common Law-what was intended
Which of the following is a major issue that should be considered when analyzing whether just cause exists?
-Was the employee given advance warning of the consequences for an action or
certain behavior?
-Was the rule, order or performance standard reasonably related to the person's
job?
-Was the incident thoroughly investigated before disciplinary action was taken?
-Was the investigation fair and objective?
Did the investigation provide convincing proof of guilt?
-Was the discipline applied without regard to protected class status (nondiscriminatory)?
-Was the discipline reasonably related to the worker's record and severity of the
infraction?
Weingarten rights describe:
The right of a unionized worker to have a representative present at a disciplinary meeting
Billings Paper Co. recently sold their Green Bay, WI plant to a larger company. The union contract specified that any new owner would need to recognize and bargain with the existing union at Billings. This contract provision is called a:
Successorship clause
Employees covered by a just cause clause have the right to insist that there be valid, ____________________ reasons for being disciplined or fired.
job-related
In return for the privilege of being the exclusive representative, unions have an obligation to represent all of the bargaining unit employees without discrimination. This principle is known as:
Duty of fair representation
The last step in the grievance process for nearly all union contracts in both the public and private sector is usually:
Final and binding arbitration
The typical union contract duration is:
3 years
Which of the following is a typical outcome of a discharge grievance case in which the arbitrator rules in favor of the employee?
The employee is reinstated with or without full back pay.
Which of the following elements of due process is typically missing from open door policies?
lack formal dispute resolution systems
Union shop
: new employees don't have to be union members to get hired, but must
join the union within a 30 day
Agency shop:
requiring employees to pay representation fees (often close to the
amount of union dues) after they are hired in order to keep their jobs
Open shop:
employees in the bargaining cannot be required to join the union or pay agency fees because of their job in the bargaining unit.
closed Shop
requiring the employer to hire only union members. (Now outlawed
Job Rights
EX:
Explicit prohibitions against supervisors doing bargaining unit work. Unions seek
such job rights because of a concern that the employer might whittle away the
union-represented jobs by having supervisors expand their duties.
Subcontracting restrictions.
Restrictions on management replacement of higher higher-skilled jobs with
lower-skills (and therefore lower paying jobs).