When an arbitrator is evaluating an employee misconduct case, the relative value of the damage is the primary factor in considering the appropriate discipline; the person’s deliberate and malicious intent has relatively little significance.

Please indicate your answer by entering “T” or “F” onthe answer sheet.4 In all unionized organizations, promotion decisions aresolely based on seniority.5. When an arbitrator is evaluating an employee misconduct case,the relative value of the damage is the primary factor inconsidering the appropriate discipline; the person’s deliberate andmalicious intent has relatively little significance.6. Permanent replacements may only be hired during a lockout toaffect the economic outcome of a contract under negotiations if thelockout is a result of an unfair labor practice by theemployer.7. If a negotiator must give the first opening offer, or chooseto do so for strategic reasons, then he/she should choose the offerthat is closest to his/her resistance point.8. One’s BATNA must be objectively “better” than the otherparty’s BATNA to give one negotiating power.