Question 1

Why does Danny Cavanagh, CUPE NS, say that the goal is to avoid the arbitration if at all possible?

Accepted Answer

A)  It is costly and litigious 
B)  It takes place before and arbitration and with lawyers 
C)  The grievance system is meant to be a reasonable way to resolve disputes 
D)  All of the above 
A)  It is costly and litigious 
B)  It takes place before and arbitration and with lawyers 
C)  The grievance system is meant to be a reasonable way to resolve disputes 
D)  All of the above D

Question 2

What is a union's duty of fair representation in the grievance process?

Accepted Answer

In deciding whether to settle the grievance, withdraw the grievance at a particular step in the grievance procedure, or proceed to arbitration, the union must do so in a fair manner. It is important for the union to fully investigate the grievance and make a reasonable determination considering all the facts. The union must not act in a manner that is superficial, capricious, indifferent, or reckless and they cannot be influenced by dishonesty, personal hostility, or revenge.

Question 3

Who usually handles the third step of the grievance procedure for each party?

Accepted Answer

A)  The union business agent and intermediate members of management 
B)  The union business agent and senior management representatives 
C)  The union steward and intermediate members of management 
D)  The union steward and senior management representatives 
A)  The union business agent and intermediate members of management 
B)  The union business agent and senior management representatives 
C)  The union steward and intermediate members of management 
D)  The union steward and senior management representatives B

Question 4

The arbitrator does what at the beginning of the hearing?

Accepted Answer

A)  swears in all of the parties 
B)  confirms he/she has jurisdiction to hear the matter 
C)  asks for any preliminary issues 
D)  determines where the parties sit at the table 
A)  swears in all of the parties 
B)  confirms he/she has jurisdiction to hear the matter 
C)  asks for any preliminary issues 
D)  determines where the parties sit at the table

Question 5

In response to a grievance filed by the Hospital Employees' Union against the Vancouver Coastal Health Authority what was the arbitrator Vince Ready's ruling

Accepted Answer

A)  That any programs put in place to deal with short-term absenteeism cannot violate the collective agreement or the law 
B)  That the employer has the right to ensure sick nurses remain at home and limit exposure to others 
C)  That the nurses were acting in good faith 
D)  That the employers practice for absenteeism is well intentioned and should continue 
A)  That any programs put in place to deal with short-term absenteeism cannot violate the collective agreement or the law 
B)  That the employer has the right to ensure sick nurses remain at home and limit exposure to others 
C)  That the nurses were acting in good faith 
D)  That the employers practice for absenteeism is well intentioned and should continue

Question 6

Discuss three alternatives to the traditional arbitration process. (Pages 324, 327, 330)

Accepted Answer

Expedited arbitration: This is designed

Question 7

Canadian labour legislation requires specific processes for handling grievances between the union and the employer.

Accepted Answer

A) True 
 B)False

Question 8

Which of the following is not

Accepted Answer

A)  It can lead to a more timely settlement 
B)  It encourages a non-adversarial approach 
C)  It encourages the use of lawyers 
D)  It is an informal process 
A)  It can lead to a more timely settlement 
B)  It encourages a non-adversarial approach 
C)  It encourages the use of lawyers 
D)  It is an informal process

Question 9

Successful appeals of arbitration awards are very common.

Accepted Answer

A) True 
 B)False

Question 10

In Canada the arbitrator is empowered to rule on whether and interpretation is correct and can change the collective agreement if it is found to be lacking..

Accepted Answer

A) True 
 B)False

Question 11

What is one factor that has greatly contributed to the formality, legality, and costly nature of grievances?

Accepted Answer

A)  The expertise required of arbitrators 
B)  The complicated nature of cases 
C)  The involvement of legal counsel 
D)  The tight timelines for filing grievances 
A)  The expertise required of arbitrators 
B)  The complicated nature of cases 
C)  The involvement of legal counsel 
D)  The tight timelines for filing grievances

Question 12

Which of the following would generally be included in a party's closing argument in an arbitration hearing?

Accepted Answer

A)  A statement of the issues 
B)  A summary of the evidence of its witnesses and how the evidence supports its case 
C)  Reference to other arbitration decisions which support their case 
D)  All of the above 
A)  A statement of the issues 
B)  A summary of the evidence of its witnesses and how the evidence supports its case 
C)  Reference to other arbitration decisions which support their case 
D)  All of the above

Question 13

Which of the following is not a factor that contributes to delays in the arbitration process?

Accepted Answer

A)  The difficulty of scheduling meeting rooms 
B)  The fact that there is a limited number of well-known arbitrators and they are quite busy 
C)  The difficulty of finding dates convenient for all participants 
D)  The time required to write the arbitration award 
A)  The difficulty of scheduling meeting rooms 
B)  The fact that there is a limited number of well-known arbitrators and they are quite busy 
C)  The difficulty of finding dates convenient for all participants 
D)  The time required to write the arbitration award

Question 14

Which of the following is not one of the advantages of expedited arbitration?

Accepted Answer

A)  It is faster 
B)  It is less expensive 
C)  It makes effective use of precedents 
D)  Awards are less legalistic 
A)  It is faster 
B)  It is less expensive 
C)  It makes effective use of precedents 
D)  Awards are less legalistic

Question 15

It has been argued that the arbitration process has become too costly. What are the main components of these costs?

Accepted Answer

Each party is responsible for its own le

Question 16

Arbitrators in Canada have the legal right to issue subpoenas requiring witnesses to attend and give evidence at the arbitration hearing.

Accepted Answer

A) True 
 B)False

Question 17

Who generally pays the fees of a grievance arbitrator?

Accepted Answer

A)  The party that initiated the grievance 
B)  Each party pays ½ of the arbitrator's fees 
C)  The party that selected the arbitrator 
D)  The employer 
A)  The party that initiated the grievance 
B)  Each party pays ½ of the arbitrator's fees 
C)  The party that selected the arbitrator 
D)  The employer

Question 18

What would not be considered as part of the costs of the arbitration process?

Accepted Answer

A)  The winner having to cover legal fees for the loser 
B)  Legal fees 
C)  Lost production 
D)  Lost labour 
A)  The winner having to cover legal fees for the loser 
B)  Legal fees 
C)  Lost production 
D)  Lost labour

Question 19

Which party bears the procedural onus in arbitrations dealing with discipline or discharge of an employee?

Accepted Answer

A)  The union 
B)  The employer 
C)  The party that received the grievance 
D)  The party that initiated the grievance 
A)  The union 
B)  The employer 
C)  The party that received the grievance 
D)  The party that initiated the grievance

Question 20

Which is the only step in the grievance procedure where the individual grievor has control of the disposition of the grievance?

Accepted Answer

A)  The third step 
B)  The second step 
C)  The first step 
D)  The grievor does not control the disposition of the grievance 
A)  The third step 
B)  The second step 
C)  The first step 
D)  The grievor does not control the disposition of the grievance

Why does Danny Cavanagh, CUPE NS, say that the goal is to avoid the arbitration if at all possible?

What is a union's duty of fair representation in the grievance process?

Who usually handles the third step of the grievance procedure for each party?

The arbitrator does what at the beginning of the hearing?

In response to a grievance filed by the Hospital Employees' Union against the Vancouver Coastal Health Authority what was the arbitrator Vince Ready's ruling

Discuss three alternatives to the traditional arbitration process. (Pages 324, 327, 330)

Canadian labour legislation requires specific processes for handling grievances between the union and the employer.

Which of the following is not

Successful appeals of arbitration awards are very common.

In Canada the arbitrator is empowered to rule on whether and interpretation is correct and can change the collective agreement if it is found to be lacking..

What is one factor that has greatly contributed to the formality, legality, and costly nature of grievances?

Which of the following would generally be included in a party's closing argument in an arbitration hearing?

Which of the following is not a factor that contributes to delays in the arbitration process?

Which of the following is not one of the advantages of expedited arbitration?

It has been argued that the arbitration process has become too costly. What are the main components of these costs?

Arbitrators in Canada have the legal right to issue subpoenas requiring witnesses to attend and give evidence at the arbitration hearing.

Who generally pays the fees of a grievance arbitrator?

What would not be considered as part of the costs of the arbitration process?

Which party bears the procedural onus in arbitrations dealing with discipline or discharge of an employee?

Which is the only step in the grievance procedure where the individual grievor has control of the disposition of the grievance?

An Introduction to Industrial Relations in Canada

Theories of Industrial Relations

History of the Canadian Union Movement

The Structure of Canadian Unions

The Organizing Campaign

Establishing Union Recognition

Defining and Commencing Collective Bargaining

The Collective Bargaining Process

Strikes and Lockouts

Third-Party Intervention During Negotiations

Changes to the Union or the Employer

Future Issues for Workers, Work Arrangements, Organizations, and the Industrial Relations System

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Exam 11: The Grievance Arbitration Process

Why does Danny Cavanagh, CUPE NS, say that the goal is to avoid the arbitration if at all possible?

What is a union's duty of fair representation in the grievance process?

Who usually handles the third step of the grievance procedure for each party?

The arbitrator does what at the beginning of the hearing?

In response to a grievance filed by the Hospital Employees' Union against the Vancouver Coastal Health Authority what was the arbitrator Vince Ready's ruling

Discuss three alternatives to the traditional arbitration process. (Pages 324, 327, 330)

Canadian labour legislation requires specific processes for handling grievances between the union and the employer.

Which of the following is not

Successful appeals of arbitration awards are very common.

In Canada the arbitrator is empowered to rule on whether and interpretation is correct and can change the collective agreement if it is found to be lacking..

What is one factor that has greatly contributed to the formality, legality, and costly nature of grievances?

Which of the following would generally be included in a party's closing argument in an arbitration hearing?

Which of the following is not a factor that contributes to delays in the arbitration process?

Which of the following is not one of the advantages of expedited arbitration?

It has been argued that the arbitration process has become too costly. What are the main components of these costs?

Arbitrators in Canada have the legal right to issue subpoenas requiring witnesses to attend and give evidence at the arbitration hearing.

Who generally pays the fees of a grievance arbitrator?

What would not be considered as part of the costs of the arbitration process?

Which party bears the procedural onus in arbitrations dealing with discipline or discharge of an employee?

Which is the only step in the grievance procedure where the individual grievor has control of the disposition of the grievance?

An Introduction to Industrial Relations in Canada

Theories of Industrial Relations

History of the Canadian Union Movement

The Structure of Canadian Unions

The Organizing Campaign

Establishing Union Recognition

Defining and Commencing Collective Bargaining

The Collective Bargaining Process

Strikes and Lockouts

Third-Party Intervention During Negotiations

Changes to the Union or the Employer

Future Issues for Workers, Work Arrangements, Organizations, and the Industrial Relations System

Filters