Exam 9: Administration of the Collective Agreement

The management rights article in the collective agreement is intended to benefit and protect the employer.However,the employer may not be able to rely on or enforce the management rights provision.Explain three reasons why the employer may not be able to rely on the management rights article.

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

The decisions of arbitrators are not subject to review.

You are going to act as the chairperson of a grievance arbitration board for the first time.The grievance relates to the dismissal of an employee.Explain the points about the arbitration process that you should keep in mind.Include,but do not limit your answer to the composition of the board,the hearing,and the award.

Employers can safely rely on the deemed termination provision in the collective agreement as long as the employee has been absent for the time specified.

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.

Rules made by the employer must be reasonable and consistent with the collective agreement.

Discuss the significance of the grievance and arbitration process for the employer,union and employees.

The grievance rate is the number of grievances:

Which of the following does not possibly restrict the exercise of management rights by the employer:

Differentiate between interest disputes and rights disputes.

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

Which of the following is correct regarding the arbitrator's review of the discipline imposed by an employer?

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

Employers who have a claim against an employee because of a violation of the collective agreement must file a grievance.

The "obey now,grieve later" principle means that an employee can never refuse to comply with a management directive.

Waiver is a legal concept referring to the principle that discussions aimed at settling a grievance cannot be referred to at an arbitration hearing.

The collective agreement provides that if a dispute between the parties cannot be settled the issue is referred to:

A very small percentage of grievances filed,approximately 2 to 3 percent,proceed to arbitration.

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