WGU D352 Study Guide – Questions And Complete
Solutions
List the three requirements that are necessary for an arbitration agreement to
be enforced Correct Answer - 1. The employee must have individually
agreed to the arbitration provision
2. the arbitration must authorize the arbitrator to resolve the statutory EEO
claims
3. the agreement must give the employee the right to insist in arbitration if the
EEO claim is not resolved to his or her satisfaction in any grievance procedure
or dispute resolution process of the employer
What are the main advantages of arbitration for the employer? Correct
Answer - It is generally quicker than litigation, it is confidential while
court decisions are public, and the remedies available under arbitration may
be less generous than those via the courts (ie, its cheaper.)
How are agreements to arbitrate by non-union employees treated differently
than agreements to arbitrate included in CBAs? Correct Answer - Union
employees must file procedures established in CBA
Explain the main difference between mediation and arbitration. Correct
Answer - Arbitration is legally binding, medication has no legal authority.
How did employers, with the help of the courts, attempt to stope early
unionization efforts? Correct Answer - 1. Labor injunctions
2- Yellow Dog Contracts
3- Antitrust Laws
Labor injuntions Correct Answer - Court orders requiring or prohibiting
certain actions - employers used injunctions to prevent strikes and boycotts
yellow dog contract Correct Answer - Contracts some employers forced
workers to sign that made the workers promise not to join a union
, antitrust laws Correct Answer - designed to protect free trade and
competition - employers used them to challenge union boycotts by seeking
damages for interference with trade
What are some of the exceptions to Norris-LaGuardia? Correct Answer -
Does not exempt labor disputes that spring from political protests. Does not
apply to actions of unfair labor practices under NLRA, NLRB orders, and when
a union strikes over an issue that is subject to arbitration.
List and briefly describe major legislation passed during the New Deal era that
governed the employment relationship and unionization. Correct Answer -
Walsh-Healey Act Correct Answer - Requires minimum wage and
overtime be paid to employees of federal government contracts
Merchant Marine Jones Act Correct Answer - provides remedies for
injures sailors
Describe factors that contributed to the decline in organized labor. Correct
Answer - Globalization - the manufacturing sector was the bedrock of
unionism, when is declined, organized labor inevitably followed.
Individual employee rights where collective bargaining wasn't needed to fair
conditions
List unfair labor practices by employers Correct Answer - 1. Interference
with, or restraint or coercion of, employees in the exercise of their section 7
rights (to unionize)
2. Domination of, or interference with, a labor organization (including
financial or other contributions to it)
3. Discrimination in terms or conditions of employment of employees for the
purpose of encouraging or discouraging union membership
4.discrimination against employee for filing a charge or testifying in a
proceeding under the act
5. Refusal to bargain collectively with the employees'' legal bargaining
representative
What authority does the NLRB have when complaints are filed? Correct
Answer - Prosecutor, judge, and jury--investigates, conducts hearings, and
renders decisions
Solutions
List the three requirements that are necessary for an arbitration agreement to
be enforced Correct Answer - 1. The employee must have individually
agreed to the arbitration provision
2. the arbitration must authorize the arbitrator to resolve the statutory EEO
claims
3. the agreement must give the employee the right to insist in arbitration if the
EEO claim is not resolved to his or her satisfaction in any grievance procedure
or dispute resolution process of the employer
What are the main advantages of arbitration for the employer? Correct
Answer - It is generally quicker than litigation, it is confidential while
court decisions are public, and the remedies available under arbitration may
be less generous than those via the courts (ie, its cheaper.)
How are agreements to arbitrate by non-union employees treated differently
than agreements to arbitrate included in CBAs? Correct Answer - Union
employees must file procedures established in CBA
Explain the main difference between mediation and arbitration. Correct
Answer - Arbitration is legally binding, medication has no legal authority.
How did employers, with the help of the courts, attempt to stope early
unionization efforts? Correct Answer - 1. Labor injunctions
2- Yellow Dog Contracts
3- Antitrust Laws
Labor injuntions Correct Answer - Court orders requiring or prohibiting
certain actions - employers used injunctions to prevent strikes and boycotts
yellow dog contract Correct Answer - Contracts some employers forced
workers to sign that made the workers promise not to join a union
, antitrust laws Correct Answer - designed to protect free trade and
competition - employers used them to challenge union boycotts by seeking
damages for interference with trade
What are some of the exceptions to Norris-LaGuardia? Correct Answer -
Does not exempt labor disputes that spring from political protests. Does not
apply to actions of unfair labor practices under NLRA, NLRB orders, and when
a union strikes over an issue that is subject to arbitration.
List and briefly describe major legislation passed during the New Deal era that
governed the employment relationship and unionization. Correct Answer -
Walsh-Healey Act Correct Answer - Requires minimum wage and
overtime be paid to employees of federal government contracts
Merchant Marine Jones Act Correct Answer - provides remedies for
injures sailors
Describe factors that contributed to the decline in organized labor. Correct
Answer - Globalization - the manufacturing sector was the bedrock of
unionism, when is declined, organized labor inevitably followed.
Individual employee rights where collective bargaining wasn't needed to fair
conditions
List unfair labor practices by employers Correct Answer - 1. Interference
with, or restraint or coercion of, employees in the exercise of their section 7
rights (to unionize)
2. Domination of, or interference with, a labor organization (including
financial or other contributions to it)
3. Discrimination in terms or conditions of employment of employees for the
purpose of encouraging or discouraging union membership
4.discrimination against employee for filing a charge or testifying in a
proceeding under the act
5. Refusal to bargain collectively with the employees'' legal bargaining
representative
What authority does the NLRB have when complaints are filed? Correct
Answer - Prosecutor, judge, and jury--investigates, conducts hearings, and
renders decisions
