PHR practice question 1 of 25

As an HR Professional, you must be familiar with collective bargaining agreements and the process that rights are given, contracts, and union and management cooperation. With this in mind, what is a rights arbitration?

Full set: 165 questions
Answer options
A: It is a lawsuit between the collective management and the collective union.
B: It is a formal hearing between the management and the union, to resolve grievances during the construction of a contract.
C: It is a formal hearing between management and union members to resolve grievances during the administration of a contract. Correct answer
D: It is a not a lawsuit, but a resolution of laws and their impact on existing contracts.
Correct Answer:
C. It is a formal hearing between management and union members to resolve grievances during the administration of a contract.
Explanation

Rights arbitration, also known as grievance arbitration, is a mechanism for resolving disputes about the interpretation and application of an existing collective bargaining agreement. It addresses grievances alleging that management has violated the terms of the contract currently in force. A neutral third-party arbitrator hears the case and makes a binding decision on the "rights" of the parties under their contract. This process occurs during the life, or administration, of an agreement, not during its negotiation.

Why Incorrect

A. Arbitration is an alternative dispute resolution method, distinct from a lawsuit which takes place in a court of law.
B. This describes interest arbitration, which resolves disputes over the terms of a new contract being negotiated.
D. This is incorrect; rights arbitration focuses specifically on interpreting the agreed-upon contract, not the external impact of laws.

References

1. Colvin, A. J. S. (2011). An Empirical Study of Employment Arbitration: Case Outcomes and Processes. Journal of Empirical Legal Studies, 8(1), 1-23. https://doi.org/10.1111/j.1740-1461.2010.01200.x (Distinguishes between types of arbitration, including rights/grievance arbitration in the union context).

2. Budd, J. W. (2007). The Wright-Line and Other Rules of Adjudication in Employment Law: A Law and Economics Perspective. Industrial Relations: A Journal of Economy and Society, 46(2), 326-350. (Discusses the role of arbitration in interpreting collective agreements, Section on "Grievance Arbitration").

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