91) A nursing assistant in a nursing home filed a grievance that he was unfairly passed over for a
promotion. Discussions and appeals did not satisfy the employee, so the issue went to arbitration.
The arbitrator decided that the nursing home must promote the employee, based on the terms of
its contract, in spite of management’s protests that the employee was too unreliable to handle the
greater responsibility. The employee’s supervisor urges Luke, the director of human resources, to
file an appeal in the state courts. Luke says doing so would be a wasted expense. Which
statement best supports Luke’s conclusion?
A) The company should have considered whether the grievance procedure is fair.
B) The majority of grievances are settled during the early stages of the process.
C) Courts generally do not have the authority to rule on employment matters.
D) Courts generally avoid reviewing arbitrators’ decisions in these matters.
E) Courts generally rule against businesses in employment matters.
92) An electric utility operates in a state with right-to-work laws. About three-quarters of its line
workers have elected to join the union that represents them. Keith, one of the line workers,
believes that his supervisor is unfairly passing him over when selecting employees to earn extra
pay by working overtime. Keith wants to file a grievance according to the process in the labor
agreement, but he is not a member of the union. What must the union do in this situation?
A) It must let Keith join the union so he can have representation in the process.
B) It must allow Keith to use the process it negotiated, but it need not send representatives.
C) It has no obligations in this process, because Keith chose not to be represented.
D) It must give Keith representation equal to what a union member would receive.
E) It must give Keith a copy of the labor agreement, but it need not be involved in the process.