Ch 11. Labor Laws and Collective Bargaining

Question 1

___ refers to the process whereby an employer and duly appointed representative of employees negotiate an agreement pertaining to wages, hours, and other terms and conditions of employment. (314)

Answer 1

Collective bargaining

Question 2

The concept of ___ remains at the heart of labor relations acts. (314)

Answer 2

bargaining in good faith

Question 3

___ has been recognized as the most extensively organized occupation in the US. (314)

Answer 3

Firefighting

Question 4

___ were initially established to address many of the labor concerns that now clearly fall under the purview of collective bargaining, including hiring, firing, promotions, transfers, and discipline. (316)

Answer 4

Civil service systems

Question 5

In addition to defining employees’ right to organize, labor relations acts also define ___. (320)

Answer 5

the kinds of actions that are prohibited

Question 6

Any ruling issued by a labor board may be appealed to ___. (321)

Answer 6

a court

Question 7

___ is the cornerstone of collective bargaining. (321)

Answer 7

Bargaining in good faith

Question 8

___ occurs when the parties cannot reach an agreement despite bargaining in good faith. (324)

Answer 8

An impasse

Question 9

___ refers to the process of negotiating a collective bargaining agreement. (327)

Answer 9

Interest bargaining

Question 10

The role of ___ is to help facilitate the parties in reaching an agreement. (327)

Answer 10

the mediator

Question 11

A dispute resolution mechanism whereby the parties submit the disputed issues to a neutral third party who will render a decision. (328)

Answer 11

Arbitration

Question 12

Compulsory binding arbitration is most commonly available to firefighters and police officers, because ___. (328)

Answer 12

a strike can be harmful to public safety

Question 13

An arbitrator has the authority to make decisions that will involve the expenditure of taxpayer funds and the administration of public agencies. For this reason, ___ is a constitutional necessity. (334)

Answer 13

judicial review of an arbitrator’s decision

Question 14

The ___ of an issue is a matter of law, and frequently is viewed as going to the heart of whether an arbitrator has contractual or jurisdictional authority to even hear a matter. (336)

Answer 14

arbitrability

Question 15

___ refers to whether or not the collective bargaining agreement allow a particular dispute to be submitted to an arbitrator. Unless expressly agreed otherwise in the contract, these issues are to be made by court, not an arbitrator. (336)

Answer 15

Substantive arbitrability

Question 16

___ refers to questions about whether the proper procedure was followed in processing and handling a grievance. These issues are to be left to the arbitrator. (337)

Answer 16

Procedural arbitrability

Question 17

the general rule is that the grievance belongs to ___, and can only be brought forward by ___. (337)

Answer 17

the union; the union

Question 18

The common defined scope of bargaining is said to be: ___. (338)

Answer 18

wages, hours, and other terms and conditions of employment

Question 19

___ are among the most hotly contested scope of collective bargaining cases for firefighters. (341)

Answer 19

Staffing decisions

Question 20

___ are clauses in collective bargaining agreements that allow a union to collect dues in a regular and timely manner. (344)

Answer 20

Union security provisions

Question 21

A/An ___ provision is the simplest form of union security. It is an agreement by the employer to deduct a designated amount from an employee’s paycheck, and pay the amount withheld to the union. (344)

Answer 21

dues check-off

Question 22

A/An ___ provision requires an employer to hire only workers who are already members of a particular union, and furthermore requires that workers maintain their union membership throughout their employment. Membership is a condition of employment. (344)

Answer 22

closed shop

Question 23

A/An ___ provision requires an employer to mandate that employees become members within a stipulated period of time after being hired. (344)

Answer 23

union shop

Question 24

___ provisions are agreements that mandate that once employees become members of the union, they must maintain union membership as a condition of employment. However, they do not require employees to join a union. (345)

Answer 24

Maintenance of membership

Question 25

A/An ___ provision requires an employer to mandate that all employees pay union dues- or an amount equal to the periodic union dues- as a condition of employment. It represents a fee for collective bargaining and related expenses rendered by the union. union dues less an amount spent by the union on political and ideological issues. (354)

Answer 25

agency shop

Question 26

Under a/an ___ provision, all employees who do not pay union dues must pay a proportionate share of the cost of collective bargaining activities. (345)

Answer 26

fair share

Question 27

The term “___” as defined in the NLRA includes “any concerted stoppage of work by employees (including a stoppage by reason of the expiration of a collective bargaining agreement) and any concerted slowdown or concerted interruption of operations by employees.” (246)

Answer 27

strike

Question 28

___ is one of the least likely public services in which a strike can be tolerated. (347)

Answer 28

Firefighting

Question 29

Under ___, an employee has a right to union representation at any meeting that could result in disciplinary action. (348)

Answer 29

Weingarten

Question 30

___ laws address the procedural requirements governing firefighter discipline. (349)

Answer 30

Firefighter bill of rights

Question 31

A firefighter accused of wrongdoing has the right to remain silent, but that right is limited. So long as the employee is duly ordered to answer questions under threat of termination and given assurances that the answers will not be used in a criminal proceeding, the questions must be answered. (350-351)

Answer 31

Garrity rights

Question 32

___ are not admissible as evidence in many jurisdictions. They are most commonly used as an investigative tool. On occasion they may be used to clear the name of accused personnel. (353)

Answer 32

Polygraphs