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PHR · Question #75

The management and union are proceeding to an arbitration hearing that will be conducted by an arbitration panel. Which one of the following best describes the makeup of the arbitration panel?

The correct answer is C. There are three arbitrators, one selected by the management, one selected by the union, and a. A tripartite arbitration panel is composed of one arbitrator selected by management, one by the union, and a jointly chosen neutral third arbitrator.

Employee and Labor Relations

Question

The management and union are proceeding to an arbitration hearing that will be conducted by an arbitration panel. Which one of the following best describes the makeup of the arbitration panel?

Options

  • AThere are three arbitrators all of whom are randomly selected to serve from a pool of pre-approved
  • BThere are three arbitrators all of whom must be approved to participate by the management and
  • CThere are three arbitrators, one selected by the management, one selected by the union, and a
  • DThere are three arbitrators, all of whom are selectedby the party not bringing the grievance.

How the community answered

(16 responses)
  • A
    6% (1)
  • B
    19% (3)
  • C
    69% (11)
  • D
    6% (1)

Why each option

A tripartite arbitration panel is composed of one arbitrator selected by management, one by the union, and a jointly chosen neutral third arbitrator.

AThere are three arbitrators all of whom are randomly selected to serve from a pool of pre-approved

Randomly selecting all three arbitrators from a pre-approved pool does not reflect tripartite structure, which requires each party to select its own representative arbitrator.

BThere are three arbitrators all of whom must be approved to participate by the management and

Requiring management approval for all three arbitrators would eliminate the union's right to its own representative and compromise the panel's neutrality.

CThere are three arbitrators, one selected by the management, one selected by the union, and aCorrect

The standard tripartite arbitration panel structure gives each party - management and the union - the right to select one partisan arbitrator to represent their respective interests. Both parties then jointly agree on a neutral third arbitrator who serves as the impartial decision-maker and tiebreaker, ensuring balanced representation while preserving objectivity in the final determination.

DThere are three arbitrators, all of whom are selectedby the party not bringing the grievance.

Having only the non-grieving party select all arbitrators is not standard practice and creates inherent bias against the party initiating the grievance.

Concept tested: Tripartite arbitration panel composition in labor disputes

Source: https://www.fmcs.gov/services/arbitration/

Topics

#arbitration panel#labor relations#grievance process#union management

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