Exam 9: Administration of the Collective Agreement

The Framework of Fairness agreement between Magna and the CAW on issues relating to the administration of the contract provides that:

To deal with the problem of delay in the rights arbitration process most jurisdictions have provided for which of the following in labour relations legislation?

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

The duty to accommodate does not require the union to agree to a variation from the seniority provisions in the collective agreement.

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

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

A deemed termination provision in a collective agreement:

Most collective agreements provide that the arbitrator's fees for rights arbitration are paid by the:

The doctrine of culminating incident provides that:

Employers should pursue grievance mediation with all grievances.

For which of the following may an employer not be allowed to impose discipline upon an employee?

The duty to accommodate imposes obligations on:

An employee was guilty of frequent absenteeism because of an addiction to alcohol.The employer did not have any rules relating to absenteeism.The employee was discharged and subsequently reinstated when the union,employee,and employer signed a last chance agreement.The agreement provided that if the employee's attendance fell below the average for the bargaining unit they would be discharged.Subsequently the employee's attendance did fall below the bargaining unit average and the employee was discharged.Which of the following is correct in this situation?

An employee has been terminated and the union filed a grievance.The employee will determine whether the grievance is referred to arbitration.

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

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.

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.

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

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

A reduction in hours for all employees is a constructive lay off.