Question 1

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

Accepted Answer

A) True 
 B)False

Question 2

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

Accepted Answer

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

Question 3

The decisions of arbitrators are not subject to review.

Accepted Answer

A) True 
 B)False

Question 4

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.

Accepted Answer

A) True 
 B)False

Question 5

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.

Accepted Answer

A) True 
 B)False

Question 6

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

Accepted Answer

A) True 
 B)False

Question 7

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

Accepted Answer

A) True 
 B)False

Question 8

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

Accepted Answer

A) True 
 B)False

Question 9

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

Accepted Answer

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 
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 10

The doctrine of culminating incident provides that:

Accepted Answer

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 employee's previous disciplinary record when determining the appropriate penalty. 
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 employee's previous disciplinary record when determining the appropriate penalty.

Question 11

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:

Accepted Answer

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. 
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 12

Will a criminal conviction of an employee for conduct away from the workplace allow the employer to terminate the employee? Explain.

Accepted Answer

The answer to this question depends on t

Question 13

Explain the essential points of an arbitration hearing. Include but do not limit your answer to the procedure, nature of the process, and costs.

Accepted Answer

An arbitration hearing is a formal proce

Question 14

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

Accepted Answer

A) True 
 B)False

Question 15

The burden of proof at an arbitration hearing:

Accepted Answer

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 
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 16

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

Accepted Answer

A) True 
 B)False

Question 17

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:

Accepted Answer

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. 
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 18

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

Accepted Answer

A) True 
 B)False

Question 19

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

Accepted Answer

A) True 
 B)False

Question 20

Discuss the principle of estopple.

Accepted Answer

The principle of estoppel, also known as

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

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

The decisions of arbitrators are not subject to review.

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.

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.

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

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

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

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

The doctrine of culminating incident provides that:

Will a criminal conviction of an employee for conduct away from the workplace allow the employer to terminate the employee? Explain.

Explain the essential points of an arbitration hearing. Include but do not limit your answer to the procedure, nature of the process, and costs.

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

The burden of proof at an arbitration hearing:

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

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:

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

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

Discuss the principle of estopple.

Introduction to Labour Relations

The Environment

Employers: Objectives, Processes and Strategy

Governments, Labour Relations Boards and Other Parties

Union Organizing Drive and Certification

The Collective Agreement

Negotiation of the Collective Agreement

Strikes, Lockouts and Contract Dispute Resolution

Public-Sector Labour Relations

The Future of Unions

Filters

Exam 10: Administration of the Collective Agreement

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

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

The decisions of arbitrators are not subject to review.

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.

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.

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

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

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

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

The doctrine of culminating incident provides that:

Will a criminal conviction of an employee for conduct away from the workplace allow the employer to terminate the employee? Explain.

Explain the essential points of an arbitration hearing. Include but do not limit your answer to the procedure, nature of the process, and costs.

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

The burden of proof at an arbitration hearing:

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

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:

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

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

Discuss the principle of estopple.

Introduction to Labour Relations

The Environment

Employers: Objectives, Processes and Strategy

Governments, Labour Relations Boards and Other Parties

Union Organizing Drive and Certification

The Collective Agreement

Negotiation of the Collective Agreement

Strikes, Lockouts and Contract Dispute Resolution

Public-Sector Labour Relations

The Future of Unions

Filters