Deck 10: Third-Party Intervention During Negotiations

Question 1

What is the term used to describe a situation where the availability of a compulsory dispute resolution process weakens the parties' desire to resolve the issues on their own?

A) The narcotic effect
B) The chilling effect
C) Inhibited bargaining
D) Failure to bargain in good faith

Answer 1

B

Question 2

Who usually bears the cost of using a government-appointed mediator?

A) Management and the union share the cost
B) The government agency that makes the appointment
C) A fund established under the Industrial Disputes Investigation Act
D) The federal government's General Account

Answer 2

B

Question 3

Which two forms of third-party intervention are seldom used in private sector bargaining disputes?

A) Mediation and interest arbitration
B) Conciliation and mediation
C) Conciliation and fact finding
D) Conciliation and arbitration

Answer 3

D

Question 4

Which of the following parties is usually charged with appointing mediators when they are requested?

A) The essential services council
B) The Ministry of Labour
C) A labour relations officer
D) All of the above

Question 5

Which form of third-party intervention in the bargaining process is considered to be the most intensive?

A) Grievance arbitration
B) Interest arbitration
C) Fact finding
D) Mediation

Question 6

In private sector bargaining disputes, who bears the cost of a privately chosen mediator?

A) The federal government
B) The provincial government
C) Shared by the parties
D) The party who requested the mediator

Question 7

What is the first possible step in attempting to resolve an impasse in negotiations in all Canadian jurisdictions except British Columbia and Alberta?

A) Interest arbitration
B) Grievance arbitration
C) Mediation
D) Conciliation

Question 8

What occurs upon receipt of the fact finder's report?

A) The parties return to mediation
B) A final offer vote is conducted
C) The report is confidentially held by the labour relations board
D) The report is released to the parties and may also be made public

Question 9

What is the condition precedent to an industrial inquiry commission being appointed in British Columbia?

A) The strike or lockout must be at least 30 days old
B) A dispute need not actually exist but a dispute is likely to arise
C) A strike must be 72 hours away
D) All other forms of third-party intervention must have failed

Question 10

Industrial inquiry commissions are empowered to promote conditions favourable to settling disputes. What is the secondary function of the commission?

A) To do whatever is necessary to maintain or secure labour relations stability
B) To hear the evidence and write a binding decision
C) To receive written submissions and impose terms of an agreement
D) To assist the Minister in imposing an agreement

Question 11

What is the main distinction between special mediation and the usual forms of mediation?

A) A special mediator can only be appointed after a strike or lockout has begun
B) A special mediator has a more narrowly focused mandate
C) A special mediator can choose to render a binding recommendation
D) A special mediator can be appointed at any time during the bargaining process

Question 12

In the event that the report of the conciliation officer is unable to resolve the dispute, what is the next step in most Canadian jurisdictions?

A) The appointment of a tripartite mediation board
B) The appointment of a mediator
C) The appointment of a tripartite conciliation board
D) The appointment of a labour commissioner

Question 13

What is the primary reason that the conciliation process is used in federal, provincial, and municipal public service disputes?

A) They involve essential services
B) It is required by law in all Canadian jurisdictions
C) Conciliation has an excellent track record in resolving disputes in the public sector
D) Conciliation is the least expensive for the parties

Question 14

Which of the following is not one of the advantages of the mediation-arbitration process?

A) It guarantees that a solution will be reached
B) It may reduce certain time delays
C) It reduces some of the costs
D) It may promote higher quality solutions

Question 15

What is the term generally used to describe the opportunity given to union members to accept or reject the last offer received from the employer?

A) Final offer vote
B) Ratification
C) Strike vote
D) All of the above

Question 16

What is the primary intent of bringing third parties into the bargaining process when disputes occur?

A) To assist the parties in resolving their differences without using strikes or lockouts as a bargaining tactic
B) Because all jurisdictions require conciliation
C) To speed up the negotiation process
D) All of the above

Question 17

What is the term used to describe a situation where the parties repeatedly use compulsory conciliation or arbitration to resolve issues such that their own skills progressively lessen?

A) The chilling effect
B) Integrative bargaining
C) Deskilling
D) The narcotic effect

Question 18

Which of the following processes is not considered neutral third party intervention in the bargaining process?

A) Mediation
B) Parliamentary inquiry
C) Arbitration
D) Conciliation

Question 19

Which of the following are types of final offer selection used by Canadian interest arbitrators?

A) Total-package final offer selection
B) Fact finding
C) Random final offer selection
D) All of the above

Question 20

Even when conciliation is voluntary, parties prefer to exhaust this process before choosing or being forced into another type of third-party intervention. Why?

A) Other processes are more time consuming
B) Other processes are more expensive
C) Other processes give the parties less control over bargaining outcomes
D) Other processes are more complex for the parties

Question 21

Mediation is the most intensive form of third party intervention.

Question 22

Special mediators often have expanded protection, privileges, and powers conveyed by legislation, and are usually directed to keep the minister informed on the progress of the mediation process.

Question 23

If the parties agree in advance, the recommendations of a conciliation board can be binding.

Question 24

What did a study of private sector use of conciliation determine in relation to it reducing the likelihood of strikes?

A) Conciliation dramatically reduced strike activity
B) Conciliation had no significant effect on strike activity
C) Conciliation did not reduce either the number or length of strikes
D) Conciliation resulted in increased strike activity

Question 25

What may be the reason for the decrease in third-party interventions during collective bargaining in Quebec?

A) A diminished union presence in that province
B) Less financial appetite to incur these costs
C) Collective agreements are being negotiated for longer terms
D) None of the above

Question 26

What was the percentage increase in wages sought by air traffic controllers in their dispute with NAV Canada?

A) 40% over 2 years
B) 40% over 3 years
C) 60% over 2 years
D) 60% over 3 years

Question 27

What is the advantage of total package final offer selection?

A) It encourages the parties to submit realistic proposals
B) The arbitrator can pick and choose individual items from each side
C) It is the least time consuming
D) It creates win-loss outcomes

Question 28

Interest arbitrators have the power to impose certain terms into the collective agreement.

Question 29

In med-arb, third parties enter the dispute to act as a mediator but if issues cannot be resolved then the third party becomes an interest arbitrator and chooses terms of the collective agreement.

Question 30

An advantage of using item-by-item final offer selection is that:

A) The arbitrator can incorporate items from both parties' proposals
B) The arbitrator gets to dictate his/her own terms of the collective agreement
C) Both parties will always be happy with the outcome
D) Both parties will be equally unhappy with the outcome

Question 31

The power of an industrial inquiry commission to resolve disputes rests in the

A) Power of investigation
B) Power of persuasion
C) Power of recommendations
D) Power of acceptance or rejection

Question 32

What strike saw the mediator's recommendations being incorporated into government back-to-work legislation imposed to end the strike?

A) Vancouver transit strike
B) British Columbia transit strike
C) Nova Scotia nurses' strike
D) Calgary police strike

Question 33

What provinces can establish a disputes inquiry board?

A) Alberta and Manitoba
B) Ontario and Manitoba
C) Alberta and Ontario
D) Ontario and Quebec

Question 34

One study on strike activity in the private sector found the following represented costs to the party indicated:

A) $200 per day to striking workers
B) $100 per day to striking workers
C) $800 per day to employers
D) $1,000 per day to employers

Question 35

If the report of the conciliation officer is unable to resolve the dispute, most jurisdictions provide for the subsequent appointment of a bi-partisan conciliation board.

Question 36

The main types of third-party intervention used in Canada are conciliation, mediation, and fact finding.

Question 37

What happens after the hearing in interest arbitration?

A) The panel delivers an immediate decision
B) The panel has 30 days to deliver a decision
C) The panel will deliver a decision that the parties have to abide by
D) The parties can appeal within 60 days

Question 38

The use of item-by-item final offer selection leaves both parties completely dissatisfied with the agreement.

Question 39

Persons appointed as mediators are employees of the labour relations board or the government and usually have experience as labour or management negotiators.

Question 40

In some Canadian jurisdictions, conciliation is required as a precondition to a strike or lockout.

Question 41

In jurisdictions where mediation is required prior to a strike or lockout taking place, the usual practice is that the mediator will "book out" of the negotiations before the strike or lockout can occur. What does booking out mean?

Question 42

Describe the role of a conciliator.

Question 43

What is meant by the term "item-by-item final offer selection"?

Question 44

Fact finding is another form of third-party intervention in the bargaining process. Describe the functions of the fact finder.

Question 45

What are the disadvantages of the "total-package final offer selection" process?

Question 46

Discuss the pros and cons of arbitration, mediation, and conciliation as forms of third-party intervention in the bargaining process

Question 47

Describe the difference between grievance arbitration and interest arbitration as well as some of the different forms of interest arbitration. (Page 287-288)

Question 48

What is unique and interesting about Industrial Inquiry Commissions? (Page 296-297)

Question 49

In Alberta and Ontario, the minister of labour can establish a disputes inquiry board after a legal strike or lockout commences. Describe the role of such a board.

Question 50

Why is third-party intervention required in public sector bargaining disputes in most jurisdictions in Canada?

Question 51

Why do governments in Canada intervene in the bargaining process and what are some of the tools available to them to avoid or end labour conflicts? (Page 278)

Question 52

Describe the role of a mediator.

Question 53

Discuss Mediation/ Arbitration and its pros and cons as a process. (Page 293-294)

Question 54

What are final offer votes?

Question 55

Describe the form of third-party intervention known as mediation-arbitration.