Ch 11

Question 1

Substantive arbitrability

Answer 1

refers to whether or not the collective bargaining agreement allows a particular dispute to be submitted to the arbitrator. Are usually made by a court and not an arbitrator.

Question 2

Procedural arbitrability

Answer 2

Refers to questions about whether proper procedure was followed in processing and handling a grievance. Are left to an arbitrator.

Question 3

The commonly defined scope of bargaining is said to be:

Answer 3

“wages, hours and other terms and conditions of employment”

Question 4

Closed shop provision

Answer 4

requires an employer to hire workers who are already members of a union, and requires workers to maintain their union membership

Question 5

Union shop provision

Answer 5

Requires an employer to mandate that employees become union members within a stipulated period of time after being hired

Question 6

Fair share provision

Answer 6

requires an employee who is not a member to pay the union a fair share of the basic costs that the union incurs in providing representation to the bargaining unit.

Question 7

Impact Bargaining

Answer 7

Where a subject is clearly considered to be a management prerogative and thus beyond the scope of bargaining but the impact of such a decision affects wages, etc.

Question 8

Weingarten rule

Answer 8

Employees have a right to engage in concerted action for mutual aid and protection and that to deny an employee union representation during disciplinary meeting or hearing violates this right.

Question 9

Use/Derivative use immunity

Answer 9

Compelled statements given by an employee cannot be used as evidence in a criminal case against the employee, nor can they be used as part of a criminal investigation to help lead other evidence against the employee.