What Is the Role of the Arbitrator in Assessing Whether

question 14

Multiple Choice

What is the role of the arbitrator in assessing whether the penalty imposed upon a unionized employee by their employer was appropriate in the circumstances?

• A) to look for evidence of progressive discipline
• B) to order reinstatement without loss of pay, benefits, or seniority
• C) to assess why the grievance process failed
• D) to fashion a remedy somewhere between dismissal and reinstatement

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Definitions:

Bona Fide Occupational Qualification

An employment qualification that an employer can legally consider while making decisions about hiring and retaining employees, provided it is reasonably necessary to the normal operation of the particular business.

Hostile-Environment Sexual Harassment

Unwelcome sexual conduct that creates an intimidating, hostile, or offensive working environment.

Unwanted Discrimination

The unjust or prejudicial treatment of different categories of people or things, especially on the grounds of race, age, or gender, that is not desired or solicited.

Executive Exemption

A classification in labor law that exempts certain executives from overtime pay and minimum wage requirements.