Exam 9: Administration of the Collective Agreement

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 correct regarding the arbitrator's review of the discipline imposed by an employer:

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

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.

Explain if and when an employer is allowed to dismiss an employee for innocent absenteeism.

Expedited arbitration is an alternative provided in some collective agreements.

The duty to accommodate imposes obligations on:

When assessing skill and ability of employees, employers are allowed to use testing and interviews.

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

An employee who has been absent three times more than the bargaining unit average for more than three years because of a medical condition was discharged.A grievance was filed and at the arbitration hearing it was established that a new medical adviser had prescribed a newly developed medication that would prevent the employee from being absent in the future.Which of the following is correct:

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.

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

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

Which of the following possibly restricts the exercise of management rights by the employer:

The grievance process could be viewed as part of the voice mechanism which unions provide.

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:

At an arbitration hearing dealing with the issue of the discharge of an employee the employer's witnesses have failed to establish that the employee was guilty of misconduct.In this situation the union should not call any evidence.

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

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.

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 mo nth suspension imposed by the employer should be upheld or reduced: