Management Quiz – Arbitration 

Management Quiz – Arbitration 

The three basic protections for arbitration in the Steelworkers’ trilogy

According to Gregory et al. (2010), one of the basic protections in the Steelworkers’ trilogy for arbitration as the Supreme Court laid down is that the grievances’ substance and their arbitrability is not determined by the courts but by arbitrators. The second basic protection is that contractual arbitration clauses require parties to solve unresolved grievances through arbitration. The third basic protection is that if an arbitration clause exists, courts will order arbitration unless a dispute is clearly outside the provisions of a contract. Need help with your assignment ? Reach out to us. We offer excellent services.

Steps of choosing an arbitrator using the American Arbitration Association (AAA)

The first step involved in choosing an arbitrator using the American Arbitration Association is notifying the association that a dispute exists, and the association will send a panel of arbitrators. The next step is selecting the right party by rejecting the names provided by the association until only one is left. The selected individual becomes the nominee unless either party in the arbitration objects. When either party objects, the association sends out another panel, with a minimum of three panels being sent for any dispute (Fossum, 2014). The third step is contacting the appointee to offer a dispute, at which time the appointee declines or accepts. The fourth step is making arrangements directly with the parties to get a hearing date. The final step is following up to see the rendered decisions.

The presentation of a case in the arbitration process

Presenting a case in the arbitration process begins by presenting relevant exhibits connected to the case and calling a witness. The exhibits may be objected to by management, and management may also cross-examine the witness. After the presentation is complete, management conducts the same presentation by providing evidence. Closing arguments are then provided, and the arbitrator may ask witnesses some questions, although this is not mandatory.

Factors that the arbitrator considers while preparing the award

While preparing the award, one of the factors considered by the arbitrator is whether the dispute can be solved through arbitration, whether the grievance alleges an actual violation of the contract, and whether the grievance procedure steps were followed in a prescribed way so that the grievance and the follow-up were on time. In most contracts, arbitrators are prohibited from subtracting from, adding to, or modifying an agreement (Fossum, 2014). Arbitrators are also required to explain any ambiguities in a contract and how they are resolved in awarding the arbitration decision.

How public sector labor relations vary among the 50 states

In some states, there are no public sector bargaining laws. Most states prohibit strikes while others lack public sector bargaining laws. For states with state labor laws, the Taft-Hartley Act is followed except in prohibiting strikes. Some states allow managers and supervisors to organize strikes (Fossum, 2014). Most states have established public employment labor relations boards to serve the same role as the National Labor Relations Board with regard to ULP questions and recognition. Most state laws also allow agency shops and unions to increase the chances of being represented.

Short note on public school teacher collective bargaining laws

Existing bargaining laws for teachers are applicable among secondary and elementary public-school teachers. Most states allowing bargaining for teachers also confer exclusive recognition on most unions, have defined standoff procedures mainly including fact-finding and mediation, impose a mutual duty on both the union and the employer to bargain and forbid strikes (Fenwick, 2006). However, some state laws also allow strikes when the school district refuses to arbitrate at a bargaining impasse.

Collective bargaining fragmentation in the public sector and private sector

The fragmentation of collective bargaining is more prevalent in the public sector compared to the private sector. One of the reasons behind this is that legislation imposes different bargaining, recognition, strike rules and impasse on various occupations and jurisdictions. The second reason is the existence of narrow governmental jurisdictions (Fossum, 2014). For instance, although public school teachers fall under the relatively homogenous occupation group, a small geographical area may have many municipalities with separate negotiations and school boards.

Multilateral public sector bargaining

Multilateral public sector bargaining occurs when interests beyond the union and management are injected into bargaining. The main activities in multilateral public sector bargaining are contract terms discussions between union representatives and managers who are not part of the bargaining team, public officials attempting to influence negotiations, city officials not implementing the agreement, community interest groups being involved, and mediation attempts being made by elected officials (Fossum, 2014). The union is politically active when there are internally conflicting management bargainers’ positions and the union attempts to use various impasse procedures. In such cases, multilateral bargaining becomes more frequent.

References

Fenwick W. English. (2006). Encyclopedia of educational leadership and administration. SAGE.

Fossum, J. A. (2014). Labor relations: Development, structure, process (11th ed.). McGraw-Hill Education.

Gregory, D. L., Zitelli, M. K., & Papadopoulos, C. E. (2010). The fiftieth anniversary of the steelworker’s trilogy: Some reflections on judicial review of labor arbitration decisions – Will gold turn to rust? SSRN Electronic Journal. https://doi.org/10.2139/ssrn.1653506

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Management Quiz – Arbitration

This quiz contains 8 short answer questions on topics from Chapters 15 and 16 of your text. Your answers should be approximately 1paragraph long and will be worth a total of 100 points.
In order to avoid timing out when you take the quiz, prepare answers to the following essay questions in a document ahead of time.
What are the three basic protections for arbitration laid down by the Supreme Court in the Steelworkers’ trilogy?
Explain the steps involved in choosing an arbitrator using the American Arbitration Association (AAA).
Discuss the presentation of a case in the arbitration process.
What are the factors that the arbitrator needs to consider while preparing the award?
Briefly explain how public sector labor relations vary among the 50 states.
Write a short note on public school teacher collective bargaining laws.
Why is collective bargaining more fragmented in the public sector than in the private sector?
When does multilateral public sector bargaining occur, and what does it involve?