Exam 10: Third-Party Dispute Resolution Procedures

List three questions examined for discharge cases.

Which of the following is a final, binding third-party process used when there has been a violation of a collective agreement?

Mitigation factors are argued by the union as a way to reduce or remove the sanction imposed by management.

How is the term "jurisprudence" best explained?

In an arbitration hearing the union argues that an employee has a spotless work record. What is this an example of?

In which type of interest arbitration can the arbitrator choose from options presented or craft his/her own decisions?

During arbitration, what is the purpose of mitigation factors?

A union member may take an issue to arbitration even if the union does not agree that it is warranted.

What has developed as a result of the long delays, high costs, and increasing legalistic nature of the grievance arbitration process?

A review of Brown and Beatty shows several mitigation factors during arbitration that the union may argue. Explain four of these mitigation factors.

The Canadian Human Rights Commission defines alternate dispute resolution as "resolving disputes in ways other than going to court, including arbitration, mediation, negotiation, conciliation, etc."

If the employee was one year away from qualifying for his pension, the union might argue that discharge can pose extreme suffering. Which concept can be applied to this situation?

The process of mediation can be broken down into three stages. What are these three stages?

Colvin (2003) points out there are three possible reasons for the adoption of Alternative Dispute Resolution in nonunion firms. What are these three reasons?

A union can argue that the sanction imposed presents severe economic hardship, and thus the sanction should be reduced.

Canadian labour relations laws are largely dissimilar in content but have subtle differences between them.

Which term refers to a three-person arbitration panel that is a common method used for rights arbitration?

What are the two forms of arbitration processes?

The rights arbitration process has many of the same characteristics of a legal proceeding; however, it differs from a legal court proceeding in several ways. List three ways the process differs.

According to the textbook's review of Brown and Beatty, what does it take for management to win an arbitration concerning discharge?