Deck 10: Third-Party Dispute Resolution Procedures

Question 1

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."

Answer 1

True

Question 2

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

Answer 2

False

Question 3

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

Answer 3

False

Question 4

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

Question 5

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

Question 6

What are the two forms of arbitration processes?

A) rights and interests
B) interests and conciliation
C) rights and conciliation
D) arbitration and mediation

Question 7

Arbitration is a final and binding process where management resolves the dispute.

Question 8

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

Question 9

What are the most common forms of conflict found in labour-management relations?

A) strikes and grievances
B) grievances and lockouts
C) strikes and arbitration
D) lockouts and ADR

Question 10

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

Question 11

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

Question 12

Which of the following is an often used external resource for grievance arbitration?

A) Ministry of Labour Relations
B) Grievance Notebook
C) ADR
D) Brown and Beatty

Question 13

Sole Arbitration is often used in conjunction with expedited arbitration.

Question 14

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

Question 15

The arbitration process is becoming increasingly legalistic.

Question 16

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

Question 17

According to the textbook, what can be concluded about the Walmart Black Friday protests?

A) The protests occurred in a unionized company.
B) The protests were illegal.
C) The protests were not a traditional work stoppage.
D) The protests where sanctioned by Walmart.

Question 18

Conventional Tripartite Arbitration panel is a common method used for rights arbitration.

Question 19

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

Question 20

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

Question 21

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

A) Management's position was not supported.
B) The union's position was not supported.
C) The union's position was partially supported.
D) Management's position was supported.

Question 22

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

A) culpability
B) remorse
C) provocation
D) mitigating factor

Question 23

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.

Question 24

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

A) final offer arbitration
B) tripartite arbitration
C) conciliation
D) grievance mediation

Question 25

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?

A) employee is culpable
B) mitigating factors exist
C) violation of the collective agreement
D) alleged event took place

Question 26

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

Question 27

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?

A) isolated event
B) hardship
C) premeditation
D) lack of understanding

Question 28

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?

A) isolated event
B) premeditation
C) provocation
D) economic hardship

Question 29

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

A) conventional interest
B) unconventional interest
C) rights interest
D) final-offer

Question 30

Which of the following includes final-offer arbitration?

A) grievance arbitration
B) interest arbitration
C) negotiation strategy
D) management sanction

Question 31

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

A) They see very little value in ADR now but see some value in the future.
B) They are moving to forms of ADR because they see value in this process.
C) They are moving to forms of ADR but they see very little value in this process.
D) They do not see the value on ADR and feel this method is superficial.

Question 32

How is the term "jurisprudence" best explained?

A) past decisions based on negotiation
B) past decisions based on mediation
C) past decisions based on final offer arbitration
D) past decisions usually based on legal context

Question 33

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

A) Management's position is not supported and no changes are awarded.
B) Management's position is supported and no changes are awarded.
C) Management's position is not supported and changes are awarded.
D) Management's position is supported and changes are awarded.

Question 34

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

A) interest arbitration
B) rights arbitration
C) public-sector arbitration
D) third-party arbitration

Question 35

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

A) Always Be Consistent and Document
B) Always Be Consistent and Decide
C) Always Be Communicating and Documenting
D) Always Be Connecting and Documenting

Question 36

Which statement best explains the term "Prima Facie Case"?

A) The union will need to establish that the collective agreement was in place, the grievor was employed and covered by that collective agreement, and disciplined.
B) The union will need to establish that the grievor was employed and covered by the collective ag reement, and disciplined.
C) The union will need to establish that the collective agreement was in place and the grievor was employed.
D) The union will need to establish that the collective agreement was in place and the grievor was employed and disciplined.

Question 37

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

A) conventional tripartite ADR
B) conventional tripartite bargaining
C) conventional tripartite arbitration
D) conventional tripartite mediation

Question 38

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

A) interest arbitration
B) rights arbitration
C) grievance arbitration
D) negotiations arbitration

Question 39

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

A) It resolves disputes in ways other than going to court, including arbitration, mediation, negotiation, and conciliation.
B) It resolves disputes by going to court, including arbitration, mediation, negotiation, and conciliation.
C) It resolves disputes in ways other than going to court, including mediation, negotiation, and communication.
D) It resolves disputes by going to court, including arbitration, negotiation, and communication.

Question 40

During arbitration, what is the purpose of mitigation factors?

A) Mitigation factors are used as a way to increase the sanction.
B) Mitigation factors are used as a way to impose the sanction.
C) Mitigation factors are used as a way to reduce or remove the sanction.
D) Mitigation factors are used as a way to modify the terms of the sanction.

Question 41

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

Question 42

List three questions examined for discharge cases.

Question 43

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

Question 44

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

Question 45

Explain final-offer arbitration.

Question 46

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

Question 47

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