A Collective Agreement Does Not Contain Any Provisions Relating to Contracting

Multiple Choice

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.