Exam 10: Third-Party Intervention During Negotiations

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What happens after the hearing in interest arbitration?

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An advantage of using item-by-item final offer selection is that:

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Describe the difference between grievance arbitration and interest arbitration as well as some of the different forms of interest arbitration. (Page 287-288)

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In grievance arbitration, a third party determines the application or interpretation of the terms and conditions of the collective agreement. In other words, interest arbitration takes place while the collective agreement is being negotiated, and grievance arbitration is used to settle disputes that arise once the collective agreement is in place.
An important feature of interest arbitration as a method of dispute resolution is that the arbitrator's decision is binding. In a standard arbitration exercise, the arbitrator has the latitude to establish a ruling on each issue in dispute.
In final offer selection, the arbitrator is limited to choosing the last offer of either of the parties. Compromises are not permitted. There are two types of final offer selection. One is total-package final offer selection. Under this approach, each party presents the arbitrator with a total package of offers covering all the outstanding issues. The arbitrator then selects one party's total package and the selected package forms part or all of the terms and conditions of the collective agreement.
The other type is item-by-item final offer selection. Under this approach, each party submits its package of proposals and the arbitrator selects from one or the other package a proposal for each outstanding item.

Interest arbitrators have the power to impose certain terms into the collective agreement.

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What provinces can establish a disputes inquiry board?

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What is the condition precedent to an industrial inquiry commission being appointed in British Columbia?

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Describe the role of a mediator.

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Which form of third-party intervention in the bargaining process is considered to be the most intensive?

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What is unique and interesting about Industrial Inquiry Commissions? (Page 296-297)

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Industrial inquiry commissions are empowered to promote conditions favourable to settling disputes. What is the secondary function of the commission?

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If the parties agree in advance, the recommendations of a conciliation board can be binding.

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In the event that the report of the conciliation officer is unable to resolve the dispute, what is the next step in most Canadian jurisdictions?

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Which of the following parties is usually charged with appointing mediators when they are requested?

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The main types of third-party intervention used in Canada are conciliation, mediation, and fact finding.

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Who usually bears the cost of using a government-appointed mediator?

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What is the advantage of total package final offer selection?

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Even when conciliation is voluntary, parties prefer to exhaust this process before choosing or being forced into another type of third-party intervention. Why?

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What was the percentage increase in wages sought by air traffic controllers in their dispute with NAV Canada?

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What are the disadvantages of the "total-package final offer selection" process?

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Which of the following processes is not considered neutral third party intervention in the bargaining process?

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