Exam 10: Administration of the Collective Agreement

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

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:

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

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.

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 month suspension imposed by the employer should be upheld or reduced?

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:

Collective agreements can combine seniority with ability to determine promotions. Explain a combination of seniority and ability that would be preferred by the union and a combination that would be preferred by the employer. Include the reasons for each side's preference.

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

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

Differentiate between interest disputes and rights disputes.

a) Explain the nature and importance of the phrase "duty to accommodate". b) Explain how a union might be involved in or affected by the accommodation process.

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

Which of the following is a disciplinary measure that an employer could impose upon an employee:

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

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.

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

Describe the nature and potential advantages of grievance mediation.

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

A collective agreement includes a job posting procedure and provides that seniority is a factor for job openings when the skill and ability of candidates is relatively equal. Advise the employer about the critical points that should be noted to avoid the employer's selection decision being challenged by the union.

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