Question 1

When it is established that an employee's absenteeism is innocent,the employer cannot dismiss the employee.

Accepted Answer

A) True 
 B)False  False

Question 2

The burden of proof at an arbitration hearing:

Accepted Answer

A)  is not significant 
B)  is always borne by the union 
C)  is always borne by the employer 
D)  is always borne by the party filing the grievance 
E)  is borne by the party filing the grievance except in discipline and discharge cases 
A)  is not significant 
B)  is always borne by the union 
C)  is always borne by the employer 
D)  is always borne by the party filing the grievance 
E)  is borne by the party filing the grievance except in discipline and discharge cases E

Question 3

At an arbitration hearing dealing with the issue of the discharge of an employee the employer's witnesses have failed to establish that the employee was guilty of misconduct.In this situation the union should not call any evidence.

Accepted Answer

A) True 
 B)False  True

Question 4

An arbitrator hearing a grievance relating to the discharge of an employee may reduce the penalty and reinstate the employee.Explain four factors that an arbitrator could consider when making this decision.Do not just name the factors,elaborate on the circumstances that would lead the arbitrator to uphold a discharge or reinstate the employee.

Accepted Answer

When an arbitrator is hearing a grievanc

Question 5

An employer has rules prohibiting employees from smoking on company property.Employee A was suspended for one week when caught violating the rule.The union filed a grievance and the matter was settled when the employer agreed to reduce the suspension to two days.The settlement of the grievance provided that it was on a without precedent basis.If employee B is caught smoking two weeks later which of the following is correct?

Accepted Answer

A)  Employee B cannot be disciplined. 
B)  There are no limits on the suspension that the employer can impose on employee B; however, the union can file a grievance if B is suspended. 
C)  An arbitrator would likely uphold the discharge of employee B. 
D)  Employee B can be suspended for only two days. 
E)  Because of the settlement of the previous grievance the employer cannot suspend B without providing a prior warning. 
A)  Employee B cannot be disciplined. 
B)  There are no limits on the suspension that the employer can impose on employee B; however, the union can file a grievance if B is suspended. 
C)  An arbitrator would likely uphold the discharge of employee B. 
D)  Employee B can be suspended for only two days. 
E)  Because of the settlement of the previous grievance the employer cannot suspend B without providing a prior warning.

Question 6

The union has a duty of fair representation in many jurisdictions.Explain the nature of this duty and identify how an employer could be affected.

Accepted Answer

The duty of fair representation is a leg

Question 7

The employer and the union could agree that an employee who has been terminated be reinstated if the employee complies with certain conditions.

Accepted Answer

A) True 
 B)False

Question 8

When conducting a posting for a job vacancy and selecting an employee to fill the vacancy employers must ensure that:

Accepted Answer

A)  the job requirements are reasonable 
B)  interviews are fair 
C)  managers do not use testing 
D)  managers do not refer to performance appraisals 
E)  a and b 
A)  the job requirements are reasonable 
B)  interviews are fair 
C)  managers do not use testing 
D)  managers do not refer to performance appraisals 
E)  a and b

Question 9

Arbitrators have the authority to order employers to reinstate employees and pay damages.

Accepted Answer

A) True 
 B)False

Question 10

When an arbitrator reviews the discipline imposed by the employer for employee misconduct,the arbitrator can increase the discipline.

Accepted Answer

A) True 
 B)False

Question 11

Which of the following is correct regarding the grievance and arbitration process?

Accepted Answer

A)  The relationship between the union and the employer affects the grievance rate. 
B)  All grievances are resolved by an arbitrator. 
C)  The union bears none of the cost of the grievance process. 
D)  The union determines the form of arbitration used. 
E)  Grievances are a secondary method to enforce the collective agreement. 
A)  The relationship between the union and the employer affects the grievance rate. 
B)  All grievances are resolved by an arbitrator. 
C)  The union bears none of the cost of the grievance process. 
D)  The union determines the form of arbitration used. 
E)  Grievances are a secondary method to enforce the collective agreement.

Question 12

An argument in the alternative is an alternative position the union or the employer takes in the event that their primary argument is not accepted by the arbitrator.

Accepted Answer

A) True 
 B)False

Question 13

An employer has a rule that prohibits smoking inside the building.An employee who was caught smoking in a washroom has been suspended.The employee wants to have the suspension reduced or reversed.Which of the following is correct in most situations?

Accepted Answer

A)  The union must file a grievance and refer it to arbitration. 
B)  The union must file a grievance and obtain the employee's consent to settle the grievance. 
C)  The union can file a grievance and settle the dispute without the employee's consent. 
D)  If the union refuses to refer a grievance to arbitration the employee can sue the employer. 
E)  If the union refuses to refer a grievance to arbitration the employee can sue the union. 
A)  The union must file a grievance and refer it to arbitration. 
B)  The union must file a grievance and obtain the employee's consent to settle the grievance. 
C)  The union can file a grievance and settle the dispute without the employee's consent. 
D)  If the union refuses to refer a grievance to arbitration the employee can sue the employer. 
E)  If the union refuses to refer a grievance to arbitration the employee can sue the union.

Question 14

It is possible that an employer cannot enforce the terms of the collective agreement because of verbal statements the employer has made to the union or employees.

Accepted Answer

A) True 
 B)False

Question 15

Will a criminal conviction of an employee for conduct away from the workplace allow the employer to terminate the employee? Explain.

Accepted Answer

The answer to this question depends on t

Question 16

When employers are assessing skill and ability of employees who have applied for a job opening they may refer to or consider:

Accepted Answer

A)  interviews 
B)  testing 
C)  relevant disciplinary records 
D)  a, b, and c 
E)  a and c only 
A)  interviews 
B)  testing 
C)  relevant disciplinary records 
D)  a, b, and c 
E)  a and c only

Question 17

Arbitrability means that a party makes an alternative argument they wish the arbitrator to accept if their primary argument is rejected.

Accepted Answer

A) True 
 B)False

Question 18

At an arbitration hearing it has been established that an employee was guilty of misconduct.Which of the following will an arbitrator consider when determining whether a one mo nth suspension imposed by the employer should be upheld or reduced?

Accepted Answer

A)  the age of the grievor 
B)  whether rules have been consistently enforced 
C)  any provocation by the employer or other employees 
D)  a, b, and c 
E)  b and c 
A)  the age of the grievor 
B)  whether rules have been consistently enforced 
C)  any provocation by the employer or other employees 
D)  a, b, and c 
E)  b and c

Question 19

The grievance and arbitration process could benefit which of the following?

Accepted Answer

A)  employees 
B)  union leaders 
C)  employers 
D)  a, b, and c 
E)  a and b 
A)  employees 
B)  union leaders 
C)  employers 
D)  a, b, and c 
E)  a and b

Question 20

The grievance process could be viewed as part of the voice mechanism which unions provide.

Accepted Answer

A) True 
 B)False

When it is established that an employee's absenteeism is innocent,the employer cannot dismiss the employee.

The burden of proof at an arbitration hearing:

At an arbitration hearing dealing with the issue of the discharge of an employee the employer's witnesses have failed to establish that the employee was guilty of misconduct.In this situation the union should not call any evidence.

The union has a duty of fair representation in many jurisdictions.Explain the nature of this duty and identify how an employer could be affected.

The employer and the union could agree that an employee who has been terminated be reinstated if the employee complies with certain conditions.

When conducting a posting for a job vacancy and selecting an employee to fill the vacancy employers must ensure that:

Arbitrators have the authority to order employers to reinstate employees and pay damages.

When an arbitrator reviews the discipline imposed by the employer for employee misconduct,the arbitrator can increase the discipline.

Which of the following is correct regarding the grievance and arbitration process?

An argument in the alternative is an alternative position the union or the employer takes in the event that their primary argument is not accepted by the arbitrator.

An employer has a rule that prohibits smoking inside the building.An employee who was caught smoking in a washroom has been suspended.The employee wants to have the suspension reduced or reversed.Which of the following is correct in most situations?

It is possible that an employer cannot enforce the terms of the collective agreement because of verbal statements the employer has made to the union or employees.

Will a criminal conviction of an employee for conduct away from the workplace allow the employer to terminate the employee? Explain.

When employers are assessing skill and ability of employees who have applied for a job opening they may refer to or consider:

Arbitrability means that a party makes an alternative argument they wish the arbitrator to accept if their primary argument is rejected.

At an arbitration hearing it has been established that an employee was guilty of misconduct.Which of the following will an arbitrator consider when determining whether a one mo nth suspension imposed by the employer should be upheld or reduced?

The grievance and arbitration process could benefit which of the following?

The grievance process could be viewed as part of the voice mechanism which unions provide.

Introduction to Labour Relations

The Environment

Unions: Objectives, Processes, Structure, and History

Employers: Objectives, Processes, and Strategy

Governments, Labour Relations Boards, and Other Parties

Collective Bargaining Rights

The Collective Agreement

Negotiation of the Collective Agreement

Contract Dispute Resolution, Strikes, and Lockouts

Public Sector Labour Relations

Summary and Future of Labour Relations

Filters

Exam 9: Administration of the Collective Agreement

When it is established that an employee's absenteeism is innocent,the employer cannot dismiss the employee.

The burden of proof at an arbitration hearing:

At an arbitration hearing dealing with the issue of the discharge of an employee the employer's witnesses have failed to establish that the employee was guilty of misconduct.In this situation the union should not call any evidence.

The union has a duty of fair representation in many jurisdictions.Explain the nature of this duty and identify how an employer could be affected.

The employer and the union could agree that an employee who has been terminated be reinstated if the employee complies with certain conditions.

When conducting a posting for a job vacancy and selecting an employee to fill the vacancy employers must ensure that:

Arbitrators have the authority to order employers to reinstate employees and pay damages.

When an arbitrator reviews the discipline imposed by the employer for employee misconduct,the arbitrator can increase the discipline.

Which of the following is correct regarding the grievance and arbitration process?

An argument in the alternative is an alternative position the union or the employer takes in the event that their primary argument is not accepted by the arbitrator.

An employer has a rule that prohibits smoking inside the building.An employee who was caught smoking in a washroom has been suspended.The employee wants to have the suspension reduced or reversed.Which of the following is correct in most situations?

It is possible that an employer cannot enforce the terms of the collective agreement because of verbal statements the employer has made to the union or employees.

Will a criminal conviction of an employee for conduct away from the workplace allow the employer to terminate the employee? Explain.

When employers are assessing skill and ability of employees who have applied for a job opening they may refer to or consider:

Arbitrability means that a party makes an alternative argument they wish the arbitrator to accept if their primary argument is rejected.

At an arbitration hearing it has been established that an employee was guilty of misconduct.Which of the following will an arbitrator consider when determining whether a one mo nth suspension imposed by the employer should be upheld or reduced?

The grievance and arbitration process could benefit which of the following?

The grievance process could be viewed as part of the voice mechanism which unions provide.

Introduction to Labour Relations

The Environment

Unions: Objectives, Processes, Structure, and History

Employers: Objectives, Processes, and Strategy

Governments, Labour Relations Boards, and Other Parties

Collective Bargaining Rights

The Collective Agreement

Negotiation of the Collective Agreement

Contract Dispute Resolution, Strikes, and Lockouts

Public Sector Labour Relations

Summary and Future of Labour Relations

Filters