Contract Administration

Question 1

Changes in material handling and work flow, and the introduction of labor-saving machinery, are examples of _________ changes.

Answer 1

technical

Question 2

When tasks no longer require human control for them to properly operate, a technological change known as __________ has taken place.

Answer 2

automation

Question 3

_________ refers to when jobs that were previously performed by humans are now performed by machines controlled via automatic controls. After automation has taken place, little human input is required.

Answer 3

Automation

Question 4

______ have been used to replace humans in many jobs. They can perform tasks such as materials handling, welding, spray painting, and assembly.

Answer 4

Robots

Explanation:

Although robots have a high starting cost, they can be run on a daily basis for much less than the cost of a human worker. In addition, they can perform at a higher consistency than humans, handle dangerous jobs, do monotonous work, and never go on strike.

Question 5

One modern method of determining the ____________ of employees is via electronic monitoring. Using information such as counting computer mistakes, keystrokes, time taken to complete tasks, and time away from terminals, management can determine the standard of each worker.

Answer 5

productivity

Explanation:

Using technology, employers can keep a close watch on the activities and productivity of every employee. Although this provides useful information for the employer, unions argue that employees’ privacy is being invaded and that it causes employees stress.

Question 6

___________________ have caused union concern over the job security of its members. As a result, unions have taken to negotiating terms that insure protection for employees against elimination from their jobs.

Answer 6

Technological advances

Question 7

Advances in technology have led to a decline in the need for ______ in many occupations. Because of this, job security is a priority for unions as they attempt to prevent members from losing their jobs.

Answer 7

humans

Question 8

Spreading ________, limiting the number of machines per operator, and requiring standby crews are all examples of job security work rules.

Answer 8

workloads

Explanation:

These rules are in place to prevent companies from laying off employees. Companies view these rules as unreasonable and argue that they result in payment for unneeded workers, unnecessary tasks, and duplication of jobs.

Question 9

______________ refers to when a company employs the services of another company to perform tasks within its organization. For example, some companies may employ a cafeteria service for its employees.

Answer 9

Subcontracting

Explanation:

Companies subcontract when they are unable to perform the tasks themselves, or simply when it is cheaper than hiring employees.

Question 10

When a company buys parts or services from outside companies, it is known as _____________.

Answer 10

outsourcing

Explanation:

Outsourcing results in a loss of jobs as a company looks outside of its organization for the parts and services it requires. This may be because the company is unable to provide these parts or services for itself, or because it is cheaper to purchase them from other sources. In the latter case, jobs are at risk as management makes the decision to outsource rather than employ people within the company.

Question 11

_____________ in the public sector is similar to outsourcing in the private sector.

Answer 11

Privatization

Explanation:

Both blue and white collar workers have been impacted by outsourcing. Outsourcing has caused severe losses in the industries represented by unions and has resulted negatively on unions and organizing.

Question 12

A ___________ is negotiated to limit the use of outsourcing.

Answer 12

scope clause

Question 13

A Scope clause provision in a collective bargaining agreement prevents the company from outsourcing bargaining unit work while any member of the union is _________.

Answer 13

laid off

Question 14

______________ refers to the regulation of shifts and determining the workday or workweek for employees.

Answer 14

Work scheduling

Explanation:

Work scheduling is a major issue during collective bargaining agreements. Unions usually attempt to shorten the workweek, which is in general a five-day, forty-hour week.

Question 15

_______ allows for employees to begin and finish work at their own discretion. In general, as long as the worker completes their specified number of hours each week and are present during core-hour periods, they are free to plan their working hours.

Answer 15

Flexitime

Explanation:

These programs allow for greater flexibility for an employee. This allows them to better fit in non-work related activities such as shopping, child-care, and personal activities.

Question 16

The length of time an employee has worked for an employer relates to the employee’s _________.

Answer 16

seniority

Question 17

Seniority determines an employee’s status within the company in terms of job security and ___________ opportunities. Furthermore, seniority can qualify an employee for certain benefits from their employer that are not available to less senior staff.

Answer 17

advancement

Question 18

Work ________ refers to movements of personnel from one position to another position with equal authority, responsibility, and compensation.

Answer 18

transfer

Explanation:

The most common factors used to determine a personnel transfer tend to be ability and seniority.

Question 19

__________ action may be taken by a company in order to avoid discriminatory seniority practices.

Answer 19

Affirmative

Explanation:

Affirmative action is often ordered by the courts when a company has shown discriminating behavior towards an employee or group of employees.

Question 20

Employee ________ can be given on-the-job by management officials, or can be a specific program such as an apprenticeship.

Answer 20

training

Question 21

Training helps to improve the skills of the employees. Unions tend to become involved in ____________ programs. These programs are formal, supervised training programs that usually involve both on-the-job training and off-the-job training.

Answer 21

apprenticeship

Question 22

_______ tends to form among unions over the rights to work assignments. This is due to the belief held by each union that they have exclusive rights to specific tasks within a job. For example, a plumber’s union may claim jurisdiction when builders unload plumbing supplies instead of the plumbers.

Answer 22

Conflict

Explanation:

Work assignments tend to be fairly clear cut. However, problems arise when it is not obvious who should be assigned the work. Within industries such as construction, this is made more difficult by a large variety of similar materials and equipment among a number of workers.

Question 23

Work _____________ refers to changes made by both employers and unions to the way in which work is assigned to workers.

Answer 23

restructuring

Explanation:

Changes from traditional methods of assigning jobs to employees involve work restructuring, which can be undertaken by both the employer and union. One example of work restructuring is forming work teams of 5-12 multi-skilled workers who require minimal supervision to produce an entire product. These workers rotate jobs with each other. This is different from more traditional job assignments in which one person is given one task.

Question 24

When an employee is worried about a perceived violation of the labor agreement to which they and their management are bound, they submit a _________.

Answer 24

grievance

Question 25

Employee grievances are different from ______________ made by employees during the course of the day. Grievances are related to the provisions outlined in the labor agreement and are dealt with using specially formulated grievance procedures.

Answer 25

general complaints

Question 26

One type of employee grievance is related directly to the interpretation of the labor agreement. During negotiations, the details within an agreement are often glossed over, leaving the agreement open to ______________, which can result in employees protesting a contractual violation.

Answer 26

interpretation

Explanation:

During negotiations, union and management officials often gloss over sections of the contract that do not seem overly important. However, the people required to deal with the agreement on a daily basis, that is, the employees and management, may interpret sections of the contract differently, resulting in grievances.

Question 27

Sometimes employees lodge grievances when they believe that management is obligated to deal with a particular issue that is not within the scope of the labor agreement. The aim of these grievances is to draw attention to __________ within the organization.

Answer 27

problems

Explanation:

These grievances are not related to violations of the labor agreement, but rather are an attempt to make management responsible for issues that employees believe they are obligated to address. For example, this may include alleged safety hazards.

Question 28

The ___________ procedure provides an opportunity for employees to protest actions committed by managers. The status of an employee may be improved after complaining about management, and thus can make employees feel important.

Answer 28

grievance

Explanation:

Union officials may also use grievance procedures to increase their feelings of importance and to increase their status within the union.

Question 29

Employees may file grievances in an attempt to get paid for doing nothing. This is a particular problem for companies with labor agreements in which __________ opportunities are required to be equal amongst employees. If an employee feels that they have not been receiving equal chances at overtime, they can file a grievance and receive overtime pay without actually working overtime.

Answer 29

overtime

Explanation:

Sometimes employees actively deceive management in an attempt to receive overtime payments for doing nothing. They do this by avoiding being called for overtime, and then filing a grievance claiming they were not given the chance to do the overtime.

Question 30

Within both unionized and nonunionized companies, employees may have unresolved __________. This can lead to the organization of a union, or in the case of unionized companies, may provide an opportunity for union officials to demonstrate their willingness to protect their members against management.

Answer 30

grievances

Explanation:

When grievances remain unresolved in a unionized company, employees become disillusioned with the union, which can lead to potential lawsuits, or member dissatisfaction if the union does not show adequate interest in the grievance procedure.

Question 31

_________ procedures vary among labor agreements. In some cases, they may involve a number of steps. In others cases, there may be only one step.

Answer 31

Grievance

Explanation:

There is no specific grievance procedure that is applicable to all labor agreements. Therefore, there is a large variety in the number of steps a procedure may involve. However, despite this, the procedures are fairly similar in certain aspects.

Question 32

The first step in most grievance cases involves a __________ between the employee and their supervisor. If the grievance is not resolved during this step, further steps need to be taken.

Answer 32

Discussion

Explanation:

An employee tends to first discuss their grievance with their supervisor, and if no agreement is reached, they will then lodge a formal complaint in writing to their supervisor. The supervisor can then respond in writing, and if the employee is satisfied, the matter is resolved. If they are not satisfied, further steps are required to resolve the issue.

Question 33

If a grievance is not solved after discussion between an employee and their supervisor, the employee’s union grievance ______________ and management’s industrial relations representative become involved. They determine whether the grievance can be solved at this stage or further steps are required.

Answer 33

committeeperson

Explanation:

Third party representatives are aware of prior administrative precedents, such as outlines in labor agreements. Therefore, a union representative may encourage or discourage the member to continue with the grievance procedure depending on whether they are likely to win or lose from the situation.

Question 34

Some grievances may involve a third step in the process during which union representatives meet with __________. A number of officials are involved as the impact of this grievance may affect the entire organization.

Answer 34

Management

Explanation:

Union officials may also treat this step as a training procedure for new union officials, or may use it to impress upon the grievant the extent of the union’s support. This second point is a common political tactic.

Question 35

When a grievance is not resolved after a meeting involving union and management officials, a ___________ neutral becomes involved. This person listens to the grievance and makes a final decision that resolves the issue.

Answer 35

Third-party

Explanation:

This process of arbitration effectively resolves grievance cases when no other methods were able to do so. The use of a third-party neutral ensures that the final decision is not biased towards either the union or management.

Question 36

An ombudsman is given responsibility to Investigate employee concerns when the employee is not satisfied with management’s decisions. Although they are an employee of the company, they are given special privileges that grant them the power to make decisions and take action.

Answer 36

ombudsman

Explanation:

A company will employ an ombudsman as a way to reduce the number of grievances brought forth by employees. The purpose of the ombudsman is to listen to and investigate employees’ concerns to avoid their filing a grievance.

Question 37

In the Vaca v. Sipes case, the Supreme Court ruled in favor of the _____. They concluded that they acted in good faith and their actions were neither arbitrary nor discriminatory.

Answer 37

Union.

Question 38

________________ refers to the obligation that a union has to represent its members in good faith and without discrimination.

Answer 38

Fair representation

Question 39

_______________ was a suit by an employee against his union for its refusal to process his grievance to arbitration. The Supreme Court ruled in favor of the union as they believed that there was no proof that the union breached its fair representation obligation, and furthermore, the union was not required under fair representation to take every grievance to arbitration.

Answer 39

Vaca v. Sipes

Question 40

The __________ of the Supreme Court are fairly broad, involving benchmarks such as arbitrary, bad faith, and dishonest. While these can be used easily for obvious cases, such as unions refusing processing grievances from minority groups, other cases are more complicated.

Answer 40

Guidelines

Question 41

The Supreme Court typically decides labor relations cases based on _________________. The interpretation of these guidelines can sometimes be subjective due to their broad nature.

Answer 41

broad guidelines

Question 42

The ___________________ case highlights an incident in which the union misrepresented the employee, resulting in the employee being discharged. In this case, both the union and employer were found to be responsible, and made to pay back pay.

Answer 42

Bowen v. United States Postal Service

Explanation:

Employees can sue both the union and employer for union misrepresentation. This has caused controversy as employers disagree that they should have to pay for union mistakes, particularly since they have no jurisdiction over union matters.

Question 43

Early discipline policies were very harsh. The law allowed an employer to physically administer punishment to their employees. _______________ was also used to punish employees.

Answer 43

Public Humiliation

Explanation:

Early discipline policies eventually changed as human society began to view early forms of discipline as inhumane. Physical punishment was removed from discipline policies.

Question 44

Despite changes to early discipline policies, up until the 1930s, it was still within the rights of an employer to _________ an employee for any reason. This was due to interpretation of the employment act suggesting that employees and employers could terminate their relationship with or without cause.

Answer 44

Discharge

Question 45

Early _______________ of the employment act led to the allowance of employers to discharge employees for any reason, regardless of whether there was any cause or not. This also applied to the hiring of employees, and employers were free to hire at will.

Answer 45

legal interpretation

Question 46

It is estimated that 70% of American workers are subject to the _________________, as compared to approximately 15% who are union workers and 15% who are public employees.

Answer 46

employment-at will rule

Question 47

A worker without an ________________ is said to be working under employment-at-will conditions. Such employees are free to quit at any time and for any reason. Meanwhile, employers may dismiss their employees at-will for good cause, for no cause, or even for causes that are morally wrong, without being thereby guilty of legal wrong.

Answer 47

employment contract

Question 48

One principle of discipline often included in a labor agreement is just cause. This is the right of an employer to discipline an employee if they commit a disciplinary _______.

Answer 48

Offence

Question 49

__________ is a disciplinary concept that is hard to define. Although it is thought to be a necessary prerequisite for a collective bargaining relationship, a definition of just cause is usually formed from an arbitrator’s personal experiences rather than any standard guidelines.

Answer 49

Just cause

Question 50

To determine just cause in a particular situation, arbitrators tend to determine whether a disciplinary offence was committed in addition to determining whether the ____________ action undertaken by management was appropriate.

Answer 50

Disciplinary

Explanation:

There are numerous situations in which arbitrators are required to determine just cause. However, there is no uniform description of what constitutes just cause. Therefore, arbitrators examine whether a disciplinary offence was committed and whether the disciplinary action was appropriate.

Question 51

The ______________ required by arbitrators as evidence of guilt for a grievant complaint tends to vary depending on the arbitrator and the seriousness of the offence. A large amount is generally required for serious offences, such as criminal acts, as opposed to less serious offences, such as absenteeism.

Answer 51

Degree of proof

Explanation:

Some arbitrators require a high degree of proof in order to show that the accused party is guilty beyond reasonable doubt. However, other arbitrators require just enough evidence to establish guilt, although this evidence must be strong enough to overcome opposing evidence.

Question 52

When an employee commits a continuous series of identical offences, management tends to undertake ___________ discipline.

Answer 52

Progressive

Question 53

___________________ is when management gives increasingly severe penalties to employees who have continuously committed the same offence. This method of discipline corrects employee’s actions by impressing the seriousness of repeated offences, as well as giving the employee chances to improve their behavior before the most serious punishment is administered.

Answer 53

Progressive discipline

Question 54

__________ circumstances may influence an arbitrator to reduce a disciplinary penalty. For example, if management blames an employee for low production output, but is responsible since they did not provide adequate tools, an arbitrator may reduce the penalty.

Answer 54

Mitigating

Explanation:

Arbitrators tend to reduce penalties in light of mitigating circumstances when one of two assumptions are met. The first is whether management should claim part of the responsibility for the offence, and the second is the likelihood of the offence occurring a second time.

Question 55

During a discipline process, due process requires certain time limits to be followed, entitles an employee to union representation, and requires _______ notification of the offense to the employee.

Answer 55

Written

Question 56

_______________ process refers to the procedures that are usually part of a labor agreement and must be acted upon during a disciplinary hearing.

Answer 56

Procedural due

Question 57

Due to the impossibility of anticipating every possible misbehavior likely to be performed by an employee, arbitrators tend to uphold management’s rights to discipline employees who commit offences regarded as _________ laws. For example, stealing, or striking a supervisor.

Answer 57

Unwritten

Explanation:

Arbitrators have also supported management in disciplining employees who have misbehaved without breaking actual work rules outlined in labor agreements.