Question 1

According to the textbook, there are several problems with the current grievance arbitration process. Explain four of these problems.

Accepted Answer

First is the long delay between the acti...

Question 2

Strikes and grievances are the most common forms of conflict found in labour-management relations.

Accepted Answer

A) True 
 B)False

Question 3

Interest arbitration is used as an alternative to strikes when parties are permitted to strike or lockout.

Accepted Answer

A) True 
 B)False

Question 4

Explain final-offer arbitration.

Accepted Answer

In final-offer arbitration, parties subm...

Question 5

Management demonstrates that an employee was aware of job requirements, was capable of performing these requirements, and chose to do otherwise. What does this prove?

Accepted Answer

A)   employee is culpable
B)   mitigating factors exist
C)   violation of the collective agreement
D)   alleged event took placeE) C) and D)
F) A) and C)

Question 6

What does "grievance upheld" mean in an arbitration ruling?

Accepted Answer

A)   Management's position was not supported.
B)   The union's position was not supported.
C)   The union's position was partially supported.
D)   Management's position was supported.E) B) and C)
F) None of the above

Question 7

According to the Canadian Human Rights Commission, how is ADR defined?

Accepted Answer

A)   It resolves disputes in ways other than going to court, including arbitration, mediation, negotiation, and conciliation.
B)   It resolves disputes by going to court, including arbitration, mediation, negotiation, and conciliation.
C)   It resolves disputes in ways other than going to court, including mediation, negotiation, and communication.
D)   It resolves disputes by going to court, including arbitration, negotiation, and communication.E) None of the above
F) B) and C)

Question 8

"Grievance upheld" means that management's position is supported and no changes are awarded.

Accepted Answer

A) True 
 B)False  False

Question 9

Which of the following is a final, binding third-party process used when parties cannot negotiate a collective agreement?

Accepted Answer

A)   interest arbitration
B)   rights arbitration
C)   grievance arbitration
D)   negotiations arbitrationE) B) and D)
F) B) and C) A

Question 10

Sole Arbitration is often used in conjunction with expedited arbitration.

Accepted Answer

A) True 
 B)False

Question 11

What does "grievance denied" mean in an arbitration ruling?

Accepted Answer

A)   Management's position is not supported and no changes are awarded.
B)   Management's position is supported and no changes are awarded.
C)   Management's position is not supported and changes are awarded.
D)   Management's position is supported and changes are awarded.E) All of the above
F) None of the above

Question 12

If there is evidence that the grievor's actions were "spur of the moment" and not premeditated (i.e., planned in advance) , which reasoning can the union use to argue for a reduction in sanction?

Accepted Answer

A)   isolated event
B)   hardship
C)   premeditation
D)   lack of understandingE) None of the above
F) A) and C)

Question 13

According to the textbook, managers need to watch their ABCD's with regard to employee discharge. What are the ABCD's?

Accepted Answer

A)   Always Be Consistent and Document
B)   Always Be Consistent and Decide
C)   Always Be Communicating and Documenting
D)   Always Be Connecting and DocumentingE) A) and D)
F) A) and C)

Question 14

Brown and Beatty is a source that presents trends in arbitration and references specific arbitration rulings.

Accepted Answer

A) True 
 B)False

Question 15

In the arbitration process, list the three elements of culpable behaviour.

Accepted Answer

1. The grievor was aware of wh...

Question 16

In an effort to provide alternatives to legal action, what can be said of many nonunion workplaces with respect to ADR?

Accepted Answer

A)   They see very little value in ADR now but see some value in the future.
B)   They are moving to forms of ADR because they see value in this process.
C)   They are moving to forms of ADR but they see very little value in this process.
D)   They do not see the value on ADR and feel this method is superficial.E) A) and D)
F) A) and B)

Question 17

The arbitration process is becoming increasingly legalistic.

Accepted Answer

A) True 
 B)False

Question 18

In arbitration, the decision is based on issue of proof.

Accepted Answer

A) True 
 B)False

Question 19

While ADR is core to the unionized employment relationship, it also exists in nonunion workplaces.

Accepted Answer

A) True 
 B)False

Question 20

If management can demonstrate all elements of culpability, the employee is considered nonculpable.

Accepted Answer

A) True 
 B)False  False

Exam 10: Third-Party Dispute Resolution Procedures

According to the textbook, there are several problems with the current grievance arbitration process. Explain four of these problems.

Correct AnswerverifiedFirst is the long delay between the acti...View AnswerShow Answer

Strikes and grievances are the most common forms of conflict found in labour-management relations.

Correct AnswerverifiedShow Answer

Interest arbitration is used as an alternative to strikes when parties are permitted to strike or lockout.

Correct AnswerverifiedShow Answer

Explain final-offer arbitration.

Correct AnswerverifiedIn final-offer arbitration, parties subm...View AnswerShow Answer

Management demonstrates that an employee was aware of job requirements, was capable of performing these requirements, and chose to do otherwise. What does this prove?

Correct AnswerverifiedShow Answer

What does "grievance upheld" mean in an arbitration ruling?

Correct AnswerverifiedShow Answer

According to the Canadian Human Rights Commission, how is ADR defined?

Correct AnswerverifiedShow Answer

"Grievance upheld" means that management's position is supported and no changes are awarded.

Correct AnswerverifiedFalse

Which of the following is a final, binding third-party process used when parties cannot negotiate a collective agreement?

Correct AnswerverifiedA

Sole Arbitration is often used in conjunction with expedited arbitration.

Correct AnswerverifiedShow Answer

What does "grievance denied" mean in an arbitration ruling?

Correct AnswerverifiedShow Answer

If there is evidence that the grievor's actions were "spur of the moment" and not premeditated (i.e., planned in advance) , which reasoning can the union use to argue for a reduction in sanction?

Correct AnswerverifiedShow Answer

According to the textbook, managers need to watch their ABCD's with regard to employee discharge. What are the ABCD's?

Correct AnswerverifiedShow Answer

Brown and Beatty is a source that presents trends in arbitration and references specific arbitration rulings.

Correct AnswerverifiedShow Answer

In the arbitration process, list the three elements of culpable behaviour.

Correct Answerverified1. The grievor was aware of wh...View AnswerShow Answer

In an effort to provide alternatives to legal action, what can be said of many nonunion workplaces with respect to ADR?

Correct AnswerverifiedShow Answer

The arbitration process is becoming increasingly legalistic.

Correct AnswerverifiedShow Answer

In arbitration, the decision is based on issue of proof.

Correct AnswerverifiedShow Answer

While ADR is core to the unionized employment relationship, it also exists in nonunion workplaces.

Correct AnswerverifiedShow Answer

If management can demonstrate all elements of culpability, the employee is considered nonculpable.

Correct AnswerverifiedFalse

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First is the long delay between the acti...
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In final-offer arbitration, parties subm...
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False

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A

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1. The grievor was aware of wh...
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False