Question 1

Which of the following is the least likely to lead to a grievance:

Accepted Answer

A) The parties failed to define a term the collective agreement. 
B) The union wants to challenge a management decision. 
C) One of the parties appears to have violated the collective agreement. 
D) An employee is dissatisfied with the terms of the collective agreement. 
E) Union leaders want to put pressure on the employer. 
A) The parties failed to define a term the collective agreement. 
B) The union wants to challenge a management decision. 
C) One of the parties appears to have violated the collective agreement. 
D) An employee is dissatisfied with the terms of the collective agreement. 
E) Union leaders want to put pressure on the employer. D

Question 2

Employers should pursue grievance mediation with all grievances.

Accepted Answer

A) True 
 B)False  False

Question 3

Discuss the significance of the grievance and arbitration process for the employer, union and employees.

Accepted Answer

The grievance and arbitration process is significant for all parties involved - the employer, the union, and the employees.

For the employer, the grievance and arbitration process provides a structured and fair way to address and resolve workplace disputes. It allows the employer to maintain a positive relationship with the union and employees by demonstrating a commitment to addressing their concerns and ensuring fair treatment. Additionally, resolving grievances through arbitration can help prevent costly and time-consuming litigation, ultimately saving the employer money and resources.

For the union, the grievance and arbitration process is a crucial tool for protecting the rights and interests of its members. It provides a formal mechanism for addressing workplace issues and enforcing the terms of the collective bargaining agreement. By successfully resolving grievances through arbitration, the union can demonstrate its effectiveness in advocating for its members and upholding the terms of the labor contract.

For employees, the grievance and arbitration process offers a means of seeking redress for workplace grievances and ensuring fair treatment. It provides a formal avenue for addressing concerns and disputes, giving employees a sense of empowerment and a voice in the workplace. Additionally, the arbitration process can result in fair and impartial resolutions, providing employees with a sense of justice and accountability within the organization.

Overall, the grievance and arbitration process is significant for all parties involved as it promotes fairness, accountability, and a positive working relationship between the employer, union, and employees. It serves as a vital mechanism for resolving workplace disputes and upholding the terms of the collective bargaining agreement, ultimately contributing to a harmonious and productive work environment.

Question 4

The grievance process benefits employees and unions, but not employers.

Accepted Answer

A) True 
 B)False

Question 5

Most collective agreements provide that the arbitrator's fees for rights arbitration are paid by the:

Accepted Answer

A) employer 
B) union 
C) party who loses the arbitration 
D) union and employer spitting the fees 
E) Ministry of Labour 
A) employer 
B) union 
C) party who loses the arbitration 
D) union and employer spitting the fees 
E) Ministry of Labour

Question 6

Whether the parties use an arbitration board, or single arbitrator, or some other form of arbitration is set out in the collective agreement.

Accepted Answer

A) True 
 B)False

Question 7

Which of the following is a disciplinary measure that an employer could impose upon an employee:

Accepted Answer

A) promotion 
B) additional responsibilities 
C) suspension 
D) reduction of seniority 
E) flextime 
A) promotion 
B) additional responsibilities 
C) suspension 
D) reduction of seniority 
E) flextime

Question 8

Which of the following is correct regarding an arbitration hearing:

Accepted Answer

A) Arbitrators may have to determine both questions of fact and questions of law. 
B) Previous arbitration decisions in cases similar to the dispute before the arbitrator establish precedents that the arbitrator must follow. 
C) Either side may present an argument in the alternative. 
D) a, b, and c 
E) a and c 
A) Arbitrators may have to determine both questions of fact and questions of law. 
B) Previous arbitration decisions in cases similar to the dispute before the arbitrator establish precedents that the arbitrator must follow. 
C) Either side may present an argument in the alternative. 
D) a, b, and c 
E) a and c

Question 9

Collective agreements always contain a grievance and arbitration procedure that provides for:

Accepted Answer

A) the number of steps in the process that the parties specify 
B) a number of steps as provided in the relevant labour relations legislation 
C) a number of steps as provided in the relevant human rights legislation 
D) interest arbitration if the grievance is not resolved 
E) mandatory time limits for each step of the process 
A) the number of steps in the process that the parties specify 
B) a number of steps as provided in the relevant labour relations legislation 
C) a number of steps as provided in the relevant human rights legislation 
D) interest arbitration if the grievance is not resolved 
E) mandatory time limits for each step of the process

Question 10

The doctrine of culminating incident provides that:

Accepted Answer

A) An employer can conduct a periodic review of an employee's disciplinary record and impose discipline for previous misconduct. 
B) At an arbitration hearing the employer can only refer to misconduct referred to at the time the discipline was imposed. 
C) The employer may be ordered to reinstate a discharged employee. 
D) A criminal conviction after previous employee misconduct allows the employer to discharge the employee. 
E) Where an employee has been guilty of misconduct the employer is allowed to take into consideration the employee's previous disciplinary record when determining the appropriate penalty. 
A) An employer can conduct a periodic review of an employee's disciplinary record and impose discipline for previous misconduct. 
B) At an arbitration hearing the employer can only refer to misconduct referred to at the time the discipline was imposed. 
C) The employer may be ordered to reinstate a discharged employee. 
D) A criminal conviction after previous employee misconduct allows the employer to discharge the employee. 
E) Where an employee has been guilty of misconduct the employer is allowed to take into consideration the employee's previous disciplinary record when determining the appropriate penalty.

Question 11

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

Accepted Answer

A) True 
 B)False

Question 12

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 13

An arbitrator has the authority to deal with all disputes between the union and the employer.

Accepted Answer

A) True 
 B)False

Question 14

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 15

The proponents of grievance mediation contend that it has the potential to allow the parties to develop a solution to a dispute which would be better than an award made by an arbitrator.

Accepted Answer

A) True 
 B)False

Question 16

Employers who have a claim against an employee because of a violation of the collective agreement must file a grievance.

Accepted Answer

A) True 
 B)False

Question 17

A union filed a grievance on behalf of an employee who was terminated for alleged misconduct.The employer subsequently sent a letter headed "without prejudice" to the union offering to settle the grievance by reinstating the employee with a 10 day suspension.The union declined the employer's offer and the matter is proceeding to an arbitration hearing.In this situation, which of the following is correct:

Accepted Answer

A) The employer is required to inform the arbitrator of the offer to settle the grievance. 
B) The arbitrator can consider the employer's offer to reinstate the employee when determining the appropriate penalty. 
C) The employer's offer to settle in the letter cannot be referred to at the arbitration hearing. 
D) The burden of proof shifts to the union. 
E) The employer will be awarded costs if the arbitrator upholds the termination. 
A) The employer is required to inform the arbitrator of the offer to settle the grievance. 
B) The arbitrator can consider the employer's offer to reinstate the employee when determining the appropriate penalty. 
C) The employer's offer to settle in the letter cannot be referred to at the arbitration hearing. 
D) The burden of proof shifts to the union. 
E) The employer will be awarded costs if the arbitrator upholds the termination.

Question 18

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 19

The number of steps in the grievance process is determined by legislation.

Accepted Answer

A) True 
 B)False

Question 20

Rules made by the employer must be reasonable and consistent with the collective agreement.

Accepted Answer

A) True 
 B)False

Which of the following is the least likely to lead to a grievance:

Employers should pursue grievance mediation with all grievances.

Discuss the significance of the grievance and arbitration process for the employer, union and employees.

The grievance process benefits employees and unions, but not employers.

Most collective agreements provide that the arbitrator's fees for rights arbitration are paid by the:

Whether the parties use an arbitration board, or single arbitrator, or some other form of arbitration is set out in the collective agreement.

Which of the following is a disciplinary measure that an employer could impose upon an employee:

Which of the following is correct regarding an arbitration hearing:

Collective agreements always contain a grievance and arbitration procedure that provides for:

The doctrine of culminating incident provides that:

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

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

An arbitrator has the authority to deal with all disputes between the union and the employer.

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

The proponents of grievance mediation contend that it has the potential to allow the parties to develop a solution to a dispute which would be better than an award made by an arbitrator.

Employers who have a claim against an employee because of a violation of the collective agreement must file a grievance.

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

The number of steps in the grievance process is determined by legislation.

Rules made by the employer must be reasonable and consistent with the collective agreement.

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

Filters

Exam 9: Administration of the Collective Agreement

Which of the following is the least likely to lead to a grievance:

Employers should pursue grievance mediation with all grievances.

Discuss the significance of the grievance and arbitration process for the employer, union and employees.

The grievance process benefits employees and unions, but not employers.

Most collective agreements provide that the arbitrator's fees for rights arbitration are paid by the:

Whether the parties use an arbitration board, or single arbitrator, or some other form of arbitration is set out in the collective agreement.

Which of the following is a disciplinary measure that an employer could impose upon an employee:

Which of the following is correct regarding an arbitration hearing:

Collective agreements always contain a grievance and arbitration procedure that provides for:

The doctrine of culminating incident provides that:

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

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

An arbitrator has the authority to deal with all disputes between the union and the employer.

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

The proponents of grievance mediation contend that it has the potential to allow the parties to develop a solution to a dispute which would be better than an award made by an arbitrator.

Employers who have a claim against an employee because of a violation of the collective agreement must file a grievance.

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

The number of steps in the grievance process is determined by legislation.

Rules made by the employer must be reasonable and consistent with the collective agreement.

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

Filters