Labor Arbitration Flashcards
In 1957, the Lincoln Mills Decision brought further classification to the section of the __________ Act stating that the United States district court has jurisdiction over the parties involved in violation of contract between an employer and labor union.
Taft-Hartley
Explanation:
In the Lincoln Mills decision, the Supreme Court stated that an aggrieved party could bring suit against a party for refusing to arbitrate a labor dispute. While the exact role of the courts was not made clear, the ruling meant that arbitration could be subjected to judicial review.
The role of the arbitrator in interpreting terms of the labor agreement and appropriacy for arbitration was given further strength by the Supreme Courts through the ___________s’ Trilogy Decisions of 1960.
Steelworker
Explanation:
The judgment of three cases of the United Steelworkers of America against respective employers enhanced the authority of the arbitrator with respect to labor relations.
In the case of the United Steelworkers of America v American Manufacturing Company, the union requested arbitration of a case in which an employee was awarded a permanent 25% _____________ despite being cleared fit for work only 2 weeks following this decision.
Disability pay
Explanation:
In this case, the management maintained that the employee was not fit for work and that this was not disputable under the labor agreement. The Supreme Court overturned the lower court’s decision to uphold management’s position and arbitration was allowed.
The __________ Wheel and Car Corporation were taken to court by the United Steelworkers of America due to management’s dismissal of a group of employees who walked off the job in protest of the discharge of a fellow employee.
Enterprise
Explanation:
Management of the company had originally refused arbitration but the district court intervened and the ruling was in favor of the employees, who were subsequently reinstated with back pay.
The National Labor Relations Board ________ policy states that they will hand over a grievance to arbitration only if the grievance in question does not involve question of interference with the employee’s rights under section 7.
Deferral
Explanation:
This policy was raised in support of the NLRA stating that the board is to ensure that no one undertakes unfair labor practices affecting commerce, and that this power shall not be affected by any other means of adjustment or prevention.
The NLRB policy on arbitration was largely founded in the Spielberg Manufacturing Company case, in which the board supported arbitration that ______ the reemployment to a group of employees considered guilty of strike misconduct.
Denied
The __________________ Company case of 1955 established the NLRB’s policy on arbitration. In the case, the NLRB honored an arbitration award that denied reinstatement to employees guilty of strike misconduct. Guidelines following this decision declared that the proceedings be fair and regular and that all parties must agree to be bound by the arbitration award.
Spielberg Manufacturing
In the _______ case of 1971, the NLRB examiner stated that the company had been guilty of unfair labor practice through the implementation of unilateral wage and working conditions changes.
Collyer
Explanation:
In this case, the company insisted the arbitrators were able to resolve the issues rather than the NLRB. In the end, the employee was forced to use the arbitration process prior to referral to the NLRB.
The likelihood of the NLRB deferring a case to arbitration decisions was increased through the ____ Corporation decision, which stated that unfair labor practices do not have to be considered in the arbitration hearing.
Olin
Explanation:
The Olin Corporation decision established guidelines that made it more likely that the NLRB would defer to arbitration decisions. The Olin decision stated that unfair labor practices do not have to be considered in the arbitration hearing. Instead, the arbitrator’s decision will be deferred to as long as the facts of the unfair labor practice and the facts relevant to resolving the unfair labor practice were presented to the arbitrator
The _____ decision proved controversial when the arbitrator allowed for the grievant to be reinstated after the employers had outlined his actions to be contrary to public policy.
Misco
Explanation:
In this case, it was noted that a court cannot enforce a collective bargaining agreement that is contrary to public policy. However, the policy must be well defined and dominant and ascertained by reference to the laws and not from general considerations of supposed public interest. As a result of these considerations, the courts upheld the arbitrator’s decision.
In the _________ v Gardner-Denver Company case of 1974, a discharged employee claimed unfair dismissal on the basis of racial discrimination. The Supreme Court determined that the arbitrator’s focus should be labor agreement interpretation and not civil rights laws.
Alexander
The Equal Employment Opportunity Act was passed in ____. This raised the question of how the courts and the Equal Employment Opportunity Commission would regard the decisions of arbitrators. The main question was whether an employee should turn to arbitration or the EEOC to have grievances dealt with. The case found that the arbitrator should be focused on labor agreement interpretation and not civil rights law. This suggested that individuals could first attempt arbitration and then judicial procedures if their concerns were not resolved.
1972
With Albermarle Paper Co. v. Moody, the Supreme Court ruled that the reliability of employment tests must fall within the ____ guidelines.
EEOC ( Equal Employment Opportunity Commision)
Explanation:
This Supreme Court ruling also set standards for back pay awards granted for discrimination, as protected by Title VII of the Civil Rights Act.
Companies have more recently had to include issues of _______________ into the organizing, collective bargaining, and contract administration issues. These cases have been on the rise largely due to the increasing numbers of women working in male dominant fields.
sexual harassment
_________________ has been recognized as a form of discrimination and is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. Issues of sexual harassment have increasingly become components considered during organizing, collective bargaining, and contract administration.
Sexual harassment
Employer promulgated arbitration was enhanced during the Gilmer v Interstate Johnson Lane Corp decision, when the employee had signed the application agreeing to use ___________ in dispute resolution and was therefore refused an age discrimination complaint in the courts.
Arbitration
Explanation:
Upon being dismissed, the employee filed suit for unfair dismissal with the courts. The employee’s case was rejected on the grounds of prior agreement to accept employer arbitration.
In ______________________, an employee sought litigation for discrimination in violation of the Americans with Disabilities Act. The court found that despite the employee’s employment contract requiring arbitration, this was not enforceable and the employee was not obligated to pursue the matter through arbitration rather than by pursuing litigation through the courts.
Wright v Universal Maritime Service Corp
The ____________ Store v Adams case of 2001 reinforced the use of employment agreements requiring that discrimination claims be submitted for arbitration instead of being filed in court.
Circuit City
Explanation:
Circuit City Store v Adams case of 2001 found that the Federal Arbitration Act preempts state law, including state laws that may reduce the requirement for arbitration. The case reinforced the use of employment contracts requiring mandatory arbitration of discrimination claims.
The _____________________ Service maintains a roster of private practitioners from which it selects a panel. People with a Conflict of interest such as union organizers are not included on the lists.
Federal Mediation and Conciliation
Explanation:
The FMCS provides services of mediation to unions and management during collective bargaining and also helps with the selection process of arbitrators. It keeps a roster of private practitioners, from which a panel of arbitrators can be selected.
