Deck 9: Administration of the Collective Agreement

Question 1

Rights arbitration involves a hearing to settle the terms of a collective agreement.

Answer 1

False

Question 2

An employee has been terminated and the union filed a grievance.The employee will determine whether the grievance is referred to arbitration.

Answer 2

False

Question 3

Arbitrators have the authority to order employers to reinstate employees and pay damages.

Answer 3

True

Question 4

At an arbitration hearing dealing with the issue of the discharge of an employee the employer's witnesses have failed to establish that the employee was guilty of misconduct.In this situation the union should not call any evidence.

Question 5

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

Question 6

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

Question 7

An agreed statement of facts will shorten the length of an arbitration hearing.

Question 8

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

Question 9

Arbitrability means that a party makes an alternative argument they wish the arbitrator to accept if their primary argument is rejected.

Question 10

A very small percentage of grievances filed,approximately 2 to 3 percent,proceed to arbitration.

Question 11

An argument in the alternative is an alternative position the union or the employer takes in the event that their primary argument is not accepted by the arbitrator.

Question 12

Union leaders could use the grievance procedure for political purposes.

Question 13

An employee who has been assigned overtime in contravention of the collective agreement can refuse the work assignment.

Question 14

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

Question 15

The grievance process could be viewed as part of the voice mechanism which unions provide.

Question 16

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

Question 17

Waiver is a legal concept referring to the principle that discussions aimed at settling a grievance cannot be referred to at an arbitration hearing.

Question 18

The "obey now,grieve later" principle means that an employee can never refuse to comply with a management directive.

Question 19

The grievance rate is related to the relationship between the employer and the union.

Question 20

Interest arbitration involves a hearing to settle the terms of a collective agreement.

Question 21

When an arbitrator reviews the discipline imposed by the employer for employee misconduct,the arbitrator can increase the discipline.

Question 22

An employer cannot impose a one-week suspension on an employee guilty of misconduct and then after further review of the misconduct decide that the suspension should be increased to two weeks.

Question 23

It is possible that an employer cannot enforce the terms of the collective agreement because of verbal statements the employer has made to the union or employees.

Question 24

The duty to accommodate does not require the union to agree to a variation from the seniority provisions in the collective agreement.

Question 25

Employers can impose the following discipline on employees guilty of misconduct: suspension,termination,and fines.

Question 26

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

Question 27

The decisions of arbitrators are not subject to review.

Question 28

Employers can safely rely on the deemed termination provision in the collective agreement as long as the employee has been absent for the time specified.

Question 29

When an arbitrator determines whether a suspension imposed by an employer for breaking a company rule should be upheld,one factor is the consistency of the enforcement of the rule by the employer.

Question 30

When assessing skill and ability of employees,employers are allowed to use testing and interviews.

Question 31

A last chance agreement can impose any conditions upon the employee that the employee and the union agree to.

Question 32

The management rights article allows the employer to establish the requirements for a job without the possibility of a challenge by the union.

Question 33

If the employer fails to impose discipline within the time provided for in the collective agreement,an arbitrator could order that the discipline be reversed.

Question 34

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

Question 35

Culminating incident is a doctrine providing that an employer can conduct a review of the employee's record on a periodic basis and discharge the employee for past misconduct.

Question 36

Whenever an employee has been convicted of a crime for conduct away from the job the employer is allowed to terminate the employee.

Question 37

Employees on layoff should be notified of any job vacancies posted.

Question 38

A reduction in hours for all employees is a constructive lay off.

Question 39

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

Question 40

Although an employer wins an arbitration decision it will still have to pay for half of the arbitrator's fees in most situations.

Question 41

An employer has a rule that prohibits smoking inside the building.An employee who was caught smoking in a washroom has been suspended.The employee wants to have the suspension reduced or reversed.Which of the following is correct in most situations?

A) The union must file a grievance and refer it to arbitration.
B) The union must file a grievance and obtain the employee's consent to settle the grievance.
C) The union can file a grievance and settle the dispute without the employee's consent.
D) If the union refuses to refer a grievance to arbitration the employee can sue the employer.
E) If the union refuses to refer a grievance to arbitration the employee can sue the union.

Question 42

Which of the following is correct regarding an arbitration hearing?

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 43

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

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.

Question 44

The grievance rate is the number of grievances:

A) filed in a year
B) filed during the life of a collective agreement
C) that go to arbitration
D) that are settled
E) divided by the number of employees in the bargaining unit

Question 45

Employers should pursue grievance mediation with all grievances.

Question 46

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.

Question 47

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

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 48

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?

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 49

The grievance and arbitration process could benefit which of the following?

A) employees
B) union leaders
C) employers
D) a, b, and c
E) a and b

Question 50

Which of the following has the right to file a grievance?

A) the union, if the employer has been notified and been given an opportunity to correct the problem
B) the employer, if the union has been notified and been given an opportunity to correct the problem
C) the employer
D) the union
E) c and d

Question 51

A collective agreement provides a mandatory ten-day time limit for the union to refer a grievance to Step two if it is denied at Step one.If the union does not refer the grievance to Step two until 25 days after it is denied at step one which of the following is correct?

A) The employer should not attend the Step two meeting.
B) The employer can ignore the missed time limit now and if the dispute goes to arbitration raise the issue with the arbitrator who will refuse to hear the matter because of the union's failure to comply with the agreement.
C) The employer should notify the union that it is proceeding to Step two; however, it reserves the right to argue that the grievance is inarbitrable because of the missed time limit.
D) The grievance cannot proceed further in the process unless the employer consents.
E) The notices relating to grievance meetings are privileged communications that cannot be referred to that an arbitration hearing.

Question 52

Which of the following is correct regarding an arbitration hearing?

A) Lawyers must represent the parties.
B) The hearing is normally held at the workplace.
C) The arbitrator rules upon the admissibility of evidence.
D) The union bears the burden of proof.
E) The arbitrator renders a decision immediately after the parties have made their final arguments.

Question 53

Expedited arbitration is an alternative provided in some collective agreements.

Question 54

The burden of proof at an arbitration hearing:

A) is not significant
B) is always borne by the union
C) is always borne by the employer
D) is always borne by the party filing the grievance
E) is borne by the party filing the grievance except in discipline and discharge cases

Question 55

The collective agreement provides that if a dispute between the parties cannot be settled the issue is referred to:

A) the courts
B) interest arbitration
C) rights arbitration
D) mediation
E) a strike or lockout

Question 56

Which of the following is correct regarding the grievance and arbitration process?

A) The relationship between the union and the employer affects the grievance rate.
B) All grievances are resolved by an arbitrator.
C) The union bears none of the cost of the grievance process.
D) The union determines the form of arbitration used.
E) Grievances are a secondary method to enforce the collective agreement.

Question 57

An employer has rules prohibiting employees from smoking on company property.Employee A was suspended for one week when caught violating the rule.The union filed a grievance and the matter was settled when the employer agreed to reduce the suspension to two days.The settlement of the grievance provided that it was on a without precedent basis.If employee B is caught smoking two weeks later which of the following is correct?

A) Employee B cannot be disciplined.
B) There are no limits on the suspension that the employer can impose on employee B; however, the union can file a grievance if B is suspended.
C) An arbitrator would likely uphold the discharge of employee B.
D) Employee B can be suspended for only two days.
E) Because of the settlement of the previous grievance the employer cannot suspend B without providing a prior warning.

Question 58

The union's duty of fair representation requires the union to take all grievances to arbitration.

Question 59

The Framework of Fairness agreement between Magna and the CAW on issues relating to the administration of the contract provides that:

A) The traditional union steward position is replaced by an employee advocate.
B) Disputes are referred to a Fairness Committee that is made up of members of management.
C) Disputes that are not settled are referred to final offer selection.
D) Disputes that are not settled are referred to the Fairness Committee for final resolution.
E) a and d

Question 60

A collective agreement provides that when overtime is assigned employees must be given six hours notice.The employer has assigned overtime providing employees with only three hours notice.What should employees and the union do in this situation?

A) refuse to work the overtime
B) work the overtime and sue the employer
C) work the overtime; however, restrict output so that the employer will provide adequate notice in the future
D) file a complaint with the Labour Relations Board
E) work the overtime and file a grievance

Question 61

A deemed termination provision in a collective agreement:

A) provides that if an employee is absent for a specified time they are automatically terminated
B) is always enforceable
C) is always discriminatory and therefore never enforceable
D) a and b.

Question 62

An employee who has been absent three times more than the bargaining unit average for more than three years because of a medical condition was discharged.A grievance was filed and at the arbitration hearing it was established that a new medical adviser had prescribed a newly developed medication that would prevent the employee from being absent in the future.Which of the following is correct?

A) This situation illustrates culpable absenteeism and the discharge will be upheld.
B) This situation illustrates innocent absenteeism; however, the discharge will be upheld.
C) This situation illustrates innocent absenteeism and an arbitrator will never uphold a discharge for innocent absenteeism.
D) This situation illustrates culpable absenteeism; however, the discharge will not be upheld.
E) This situation illustrates innocent absenteeism and this discharge will not be upheld.

Question 63

Which of the following is not a disciplinary measure that an employer could impose upon an employee?

A) demotion
B) discharge
C) suspension
D) reduction of seniority
E) written warnings

Question 64

The doctrine of culminating incident provides that:

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 employees previous disciplinary record when determining the appropriate penalty.

Question 65

A collective agreement does not contain any provisions relating to contracting out.The employer has contracted out work resulting in a layoff of four bargaining unit employees.If a grievance is filed which of the following is correct?

A) The grievance is inarbitrable because there has not been a breach of the agreement.
B) The grievance is arbitrable because it involves a dispute between the union and the employer.
C) A court will determine if the dispute is arbitrable and then refer it to an arbitrator if necessary.
D) If it is determined that the grievance is inarbitrable the employees can sue for wrongful dismissal.
E) The employees can sue the employer for wrongful dismissal without a prior ruling on the arbitrability of this dispute.

Question 66

When conducting a posting for a job vacancy and selecting an employee to fill the vacancy employers must ensure that:

A) the job specifications are reasonable
B) all employees on layoff are recalled before the posting
C) managers do not use testing
D) managers do not refer to performance appraisals
E) a and b

Question 67

Which of the following is correct regarding the arbitrator's review of the discipline imposed by an employer?

A) The arbitrator can always reduce the discipline imposed by the employer.
B) The arbitrator can add to the discipline imposed by the employer.
C) Previous leniency in the enforcement of rules is not a factor.
D) In exceptional cases arbitrators may award compensation instead of the reinstatement of a discharged employee.
E) Rules must be consistently enforced; accordingly, special hardship that a penalty may impose upon an employee is not relevant.

Question 68

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

A) interviews
B) testing
C) relevant disciplinary records
D) a, b, and c
E) a and c only

Question 69

For which of the following may an employer not be allowed to impose discipline upon an employee?

A) assaulting co-workers
B) violation of company rules
C) a criminal conviction for off-duty misconduct
D) incompetence
E) insubordination

Question 70

An employee was guilty of frequent absenteeism because of an addiction to alcohol.The employer did not have any rules relating to absenteeism.The employee was discharged and subsequently reinstated when the union,employee,and employer signed a last chance agreement.The agreement provided that if the employee's attendance fell below the average for the bargaining unit they would be discharged.Subsequently the employee's attendance did fall below the bargaining unit average and the employee was discharged.Which of the following is correct in this situation?

A) The last chance agreement is enforceable and the employee will be discharged because the employee voluntarily signed the agreement.
B) All last chance agreements involving employees who have an alcohol problem have been found to be unenforceable.
C) This last chance agreement is unenforceable because it imposes conditions on the employee not placed on other employees.
D) By establishing a last chance agreement the employer has met its duty to accommodate.
E) An arbitrator will not review the terms of last chance agreement that has been signed by all the parties.

Question 71

When conducting a posting for a job vacancy and selecting an employee to fill the vacancy employers must ensure that:

A) the job requirements are reasonable
B) interviews are fair
C) managers do not use testing
D) managers do not refer to performance appraisals
E) a and b

Question 72

Which of the following does not possibly restrict the exercise of management rights by the employer:

A) estoppel
B) provisions in the collective agreement
C) a requirement that rules established must be consistently enforced
D) a requirement that rules established be agreed to by the union
E) a requirement that rules established must be legal

Question 73

Which of the following is correct regarding a grievance relating to the job posting and selection process?

A) The employer can rely upon the management rights article to establish any job requirements.
B) The selection decision must be based on the job requirements set out in the job posting.
C) An arbitrator will review the job requirements; however, an arbitrator will not review the employer's decision regarding which employee meets the requirements.
D) If it is determined that the job posting process was flawed, arbitrators always order the process to be repeated.
E) The employer bears the burden of proof.

Question 74

To deal with the problem of delay in the rights arbitration process most jurisdictions have provided for which of the following in labour relations legislation?

A) conciliation
B) mediation
C) fact-finding
D) interest arbitration
E) expedited arbitration

Question 75

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

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

Question 76

At an arbitration hearing it has been established that an employee was guilty of misconduct.Which of the following will an arbitrator consider when determining whether a one mo nth suspension imposed by the employer should be upheld or reduced?

A) the age of the grievor
B) whether rules have been consistently enforced
C) any provocation by the employer or other employees
D) a, b, and c
E) b and c

Question 77

A collective agreement between a union and an employer (a grocery store)contains a management rights article and an article relating to technological change.The agreement does not refer to parking.The employer has established rules requiring employees to register their cars with the employer and leave their cars in a specified area.In this situation,which of the following is correct?

A) The employer can rely on the management rights article to establish the parking rules.
B) The employer cannot establish the rules because parking is not referred to in the collective agreement.
C) The employer must obtain the union's consent to the rules.
D) The principle of estoppel prevents the employer from establishing the parking rules.
E) The employer can rely on the technological change provisions in the collective agreement to establish the rules.

Question 78

The duty to accommodate imposes obligations on:

A) the employer
B) the union
C) employees
D) a, b, and c
E) a and b

Question 79

An arrangement providing that a discharged employee will be reinstated subject to specified conditions being met is known as:

A) a culminating incident
B) a last chance agreement
C) progressive discipline
D) arbitrator's discretion
E) a deemed termination

Question 80

The duty of fair representation means that the union:

A) must follow the instructions of bargaining unit members when negotiating a collective agreement
B) will be responsible for any errors made in the course of the administration of the agreement
C) must refer all grievances relating to discharge to arbitration
D) must not discriminate against any member of the bargaining unit
E) must not discriminate against employees in the bargaining unit who have become union members