Exam 10: Third-Party Dispute Resolution Procedures

If management can demonstrate all elements of culpability, the employee is considered nonculpable.

"Grievance upheld" means that management's position is supported and no changes are awarded.

Which of the following is a final, binding third-party process used when parties cannot negotiate a collective agreement?

Strikes and grievances are the most common forms of conflict found in labour-management relations.

According to the textbook, managers need to watch their ABCD's with regard to employee discharge. What are the ABCD's?

Management demonstrates that an employee was aware of job requirements, was capable of performing these requirements, and chose to do otherwise. What does this prove?

Explain final-offer arbitration.

In arbitration, the decision is based on issue of proof.

Brown and Beatty is a source that presents trends in arbitration and references specific arbitration rulings.

In an effort to provide alternatives to legal action, what can be said of many nonunion workplaces with respect to ADR?

According to the textbook, there are several problems with the current grievance arbitration process. Explain four of these problems.

If there is evidence that the grievor's actions were "spur of the moment" and not premeditated (i.e., planned in advance), which reasoning can the union use to argue for a reduction in sanction?

The arbitration process is becoming increasingly legalistic.

Interest arbitration is used as an alternative to strikes when parties are permitted to strike or lockout.

According to the Canadian Human Rights Commission, how is ADR defined?

While ADR is core to the unionized employment relationship, it also exists in nonunion workplaces.

Sole Arbitration is often used in conjunction with expedited arbitration.

What does "grievance upheld" mean in an arbitration ruling?

What does "grievance denied" mean in an arbitration ruling?

In the arbitration process, list the three elements of culpable behaviour.