Final Exam (ch. 7-12) Flashcards by Maxim Bernatchez

T OR F: Collecive agrreement terms could have implications for the following: employers, employees, the union, and the public.

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T OR F: A collective agreement can contain any terms the union and the employer agree on.

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T OR F: Collective agreements must comply with human rights, employment standards, and labour relations legislation.

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T OR F: The employer and the union can agree that positions will be added to or deleted from the bargaining unit that was certified by the Labour Relations Board.

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T OR F: The recognition article in a collective agreement provides that: “The Company recognizes the union as the exclusive bargaining agent for all employees working in the municipality of, save and except foremen, persons above the rank of foreman, and office employees.” This means that the collective agreement covers part-time employees.

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T OR F: All employees in the bargaining unit, both union members and those who are not union members, are covered by the terms of the collective agreement.

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T OR F: A collective agreement may contain a provision relating to the arbitration of disputes that flow from the administration of the agreement.

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T OR F: The recognition article in a collective agreement must comply with the certificate granted to the union when it is certified by the Labour Relations Board.

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T OR F: A grievance is an allegation that the collective agreement has been violated, together with a statement of the remedy claimed to rectify the situation.

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T OR F: All employee complaints could be the subject of a grievance.

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T OR F: The parties are free to determine the number of steps in the grievance process that is provided in the collective agreement.

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T OR F: Stewards are local union officials who assist employees with grievances.

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T OR F: Grievances could be filed by individual employees, a group of employees, the union, or the employer.

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T OR F: Most policy grievances are filed by employers.

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T OR F: Directory time limits must be met and the grievance could be dismissed if a step is not taken within the time allowed.

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T OR F: If a mandatory time limit in the grievance process is not met it is not possible for an arbitrator to hear the grievance.

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T OR F: Employers are allowed to assign work normally done by bargaining unit members to other employees unless the collective agreement provides otherwise.

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T OR F: Recently the trend has been for collective agreements to have longer terms.

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T OR F: Generally unions seek collective agreements with shorter terms so that the contract does not have to be renegotiated as frequently and a possible strike can be postponed.

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T OR F: “Check off” means that union membership is mandatory.

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T OR F: The closed the shop is the most common form of union security.

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T OR F: The collective agreement may require the employer to dismiss employees who refuse to become union members.

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T OR F: A union shop provision in a collective agreement requires individuals to be union members before they are hired.

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T OR F: The Rand formula requires the employer to deduct union dues from all employees in the bargaining unit, including employees who are not union members.

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T OR F: A collective agreement term that requires all employees who voluntarily join the union to retain their union membership is known as a union shop.

T OR F: The management rights article is a mandatory collective agreement term.

T OR F: Unions prefer that a management rights clause in the collective agreement is provided in a short form and employers prefer that it be set out in a long or detailed form.

T OR F: Employers are allowed to contract out work only when there is a collective agreement term allowing them to do so.

T OR F: Most collective agreements contain a provision that prohibits contracting out.

T OR F: A collective agreement could contain a sunset clause that requires the employer to impose any discipline within a specified time limit.

T OR F: Arbitrators have the authority to reduce the discipline imposed by the employer for employee misconduct unless the collective agreement provides for a specific penalty for the behaviour involved.

T OR F: The union and the employer can agree to a discrimination article in a collective agreement that provides employees greater protection than human rights legislation.

T OR F: The collective agreement could provide that seniority is calculated in different ways for different applications of seniority.

T OR F: Super-seniority is a collective agreement term providing that union officers cannot be laid off.

T OR F: If an employee leaves the bargaining unit and later returns to the bargaining unit two years later, the first period of time in the bargaining unit is not counted towards seniority.

T OR F: The details of the recall process including the notice required and the time an employee has to respond should be set out in the collective agreement.

T OR F: A sufficient ability provision in a collective agreement is a term providing that seniority will only be a factor if the skill and ability of two competing employees is relatively equal.

T OR F: The minimum vacation provided in employment standards legislation is relatively short and unions pursue contracts that provide for additional vacation time.

T OR F: The collective agreement must set out the details of benefits that employees are entitled to.

T OR F: Overtime provisions in the collective agreement could include a requirement that the overtime be equally distributed among employees.

T OR F: Labour relations legislation regulates the introduction of technological change in some jurisdictions.

T OR F: Unions will seek a broad definition of technological change in the collective agreement.

T OR F: Employment standards legislation requires collective agreements to contain provisions for paid bereavement leave.

T OR F: The leave provisions of a collective agreement could require the employer to allow an employee time off to serve a jail sentence.

T OR F: A collective agreement could contain a provision for additional compensation if performance objectives in areas such as quality improvement are met.

T OR F: Employers may voluntarily recognize a union as the sole representative of its employees.

T OR F: All employees who pay union dues must join a union.

T OR F: Employers are prevented from outsourcing work if it is done by the bargaining unit

T OR F: Union representatives are paid by the company when representing an employee.

T OR F: A deemed termination of seniority occurs when an employee has been absent from work for a specific amount of time:

Collective agreement terms affect: a. unions and employees b. employers c. the public d. a and b e. a,b,andc

Which of the following is correct regarding the terms of collective agreements: a. Contracts covering federally regulated employers must contain terms provided in the Canada Labour Code; however, there are no required terms for provincially regulated employers. b. Contracts covering provincially regulated employers must contain terms provided in the relevant labour relations legislation; however, there are no required terms for federally regulated employers. c. All of the terms are required by legislation. d. Some of the terms are required by legislation. e. None of the terms are required by legislation.

Which of the following is a term of a collective agreement that must be included because they are required by the legislation: a. voluntary terms b. mandatory terms c. management rights d. additional voluntary terms e. involuntary terms

Which of the following terms is the least likely to be included as part of the collective agreement: a. A provision for the deduction of union dues from employees’ pay. b. A provision protecting management rights. c. Seniority provisions relating to job vacancies and layoffs. d. Provisions regarding the election of the union bargaining team. e. A grievance procedure.

Which of the following is a term the parties are required by law to include in a collective agreement: a. a minimum term of one year b. management rights c. a provision dealing with contracting out d. a provision dealing with seniority e. a provision dealing with discrimination

A recognition clause in a collective agreement: a. cannot change the bargaining unit as provided in the certificate issued by the Labour Relations Board when the union is granted bargaining rights b. provides that the union recognizes the right of the employer to manage the organization c. describes the bargaining unit by setting out the names of employees who are in the bargaining unit d. may describe the bargaining unit by referring to the certificate issued by the Labour Relations Board e. provides that the employer must require union membership as a condition of employment

A grievance could best be described as: a. any complaint of the union or employees in the bargaining unit b. an allegation that the collective agreement has been violated and a request for a remedy c. any complaints by the employer d. a dispute resolution method in which the parties present evidence and arguments to a third party who makes a final binding decision e. aorc

An employer has refused to allow an employee in the bargaining unit to take a compassionate care leave as provided for in employment standards legislation. The collective agreement does not refer to the issue of compassionate care leave. Which of the following is correct: a. The matter is not arbitrable because the agreement does not refer to compassionate care leave. b. The employee must sue the employer. c. The employee must file a complaint with the appropriate government ministry. d. The matter is arbitrable. e. The employee is not entitled to compassionate care leave.

The grievance procedure: a. is a series of steps in which progressively higher ranking union and employer representatives attempt to resolve the issue in dispute b. contains time limits which must be met or the grievance will be denied c. requires employers to recognize the union as the bargaining agent of employees d. must have three steps as provided in labour relations legislation e. involves stewards who are appointed by the employer to assist employees with grievances.

Which of the following sets out a mandatory time limit for a grievance procedure: a. A grievance shall be submitted to the supervisor within five days of the incident giving rise to the matter in dispute. b. A grievance may be submitted to the supervisor within five days of the incident giving rise to the matter in dispute. c. A grievance shall be submitted to the supervisor within five days of the incident giving rise to the matter in dispute and any grievances submitted outside of the of the time provided are inarbitrable. d. An employee has no grievance until they first give their immediate supervisor an opportunity to deal with their complaint. e. A grievance should be submitted to the supervisor within five days of the incident giving rise to the matter in dispute.

A policy grievance: a. sets out a claim by the union that the employer has violated the collective agreement b. sets out a claim by employees that an employer policy violates the collective agreement c. sets out a claim by the employer that the union has violated the collective agreement d. involves a claim by a number of employees that the employer has violated the collective agreement in the same manner for all the employees e. aorc

Regarding the duration of collective agreements, which of the following is correct: a. the maximum term is three years b. the minimum term is two years c. unions prefer longer agreements d. the recent trend has been towards longer agreements e. the recent trend has been towards shorter agreements

A provision in a collective agreement that requires newly hired employees to become union members within a specified time is known as: a. a Rand formula b. closed shop c. union shop d. modified union shop e. maintenance of membership

A first collective agreement provides that current employees in the bargaining unit do not have to join the union; however, all employees hired in the future must become union members. This is a: a. union shop b. close shop c. modified union shop d. maintenance of membership e. Rand formula

Which of the following is correct: a. A collective agreement can only provide for the deduction of union dues from the pay of employees in the bargaining unit who have become union members. b. A collective agreement cannot provide for the deduction of union dues from the pay of employees. c. A collective agreement cannot provide for the deduction of union dues from the pay of employees in the bargaining unit in provinces that have passed right to work legislation. d. Collective agreements provide that employees have the option of having dues deducted from their pay. e. A collective agreement could provide that union dues will be deducted from the pay of all employees in the bargaining unit whether or not they are union members.

The provision in a collective agreement that the employer retains the right to make decisions relating to the operation of the organization is known as the: a. residual rights provision b. recognition article c. employer security article d. management rights article e. discipline and discharge procedure

Which of the following is correct relating to the issue of contracting out: a. It is not permitted unless the collective agreement provides for it. b. It is usually prohibited in the collective agreement. c. It is a term that the parties must include in the collective agreement. d. It has a low priority for unions. e. It is permitted unless the collective agreement provides otherwise.

collective agreement provides that if an employee has alcohol in their possession on company property they will be discharged. If an employee is discharged for violating this provision which of the following is correct: a. An arbitrator could order that the discipline be reduced to a suspension. b. An arbitrator could order that the employee be reinstated if it is established that the employee had alcohol but did not actually drink on company property. c. An arbitrator will not uphold the discharge because this violates the human rights of the employee. d. If it is proven that the employee did have alcohol in their possession on company property the arbitrator cannot reduce the discipline. e. Progressive discipline would not allow the employer to discharge the employee if it was their first offence.

A deemed determination provision in a collective agreement: a. provides that if an employee is absent for a specified time they are automatically terminated b. is always enforceable c. is always discriminatory and therefore never enforceable d. a and b e. aandc

A collective agreement could provide which of the following in connection with discipline imposed by the employer: a. specific penalties for certain misconduct b. time limits within which discipline must be imposed c. a provision allowing the arbitrator to increase the penalty imposed by the employer d. a, b, and c e. aandb

A collective agreement provided that if any discipline was to be imposed upon employees the union and the employee involved would be notified within 10 days of any misconduct. Without any prior notification, the employer imposed a five day suspension upon an employee for alleged insubordination 15 days after a confrontation with a supervisor. Which of the following is correct if this matter goes to an arbitrator: a. The arbitrator only has the authority to reduce the number of days in the suspension. b. The arbitrator can only order the removal of the suspension from the employee's file. c. The arbitrator can order the removal of the suspension from the employee's file and reimbursement for the lost pay. d. The arbitrator has the authority to increase the suspension to 10 days. e. The arbitrator will confirm the suspension imposed by the employer if it is established that the employee was guilty of insubordination.

Which of the following is correct regarding the issue of discrimination in a collective agreement: a. In order to comply with human rights legislation the collective agreement must contain a term that prohibits discrimination. b. The parties can provide for a higher level of human rights protection in the collective agreement than human rights legislation requires. c. Because human rights legislation protects against discrimination most collective agreements do not contain terms relating to discrimination. d. Human rights legislation protects employees against discrimination because of union activity. e. The parties can agree that the protection provided in human rights legislation against discrimination on the basis of age does not apply so that mandatory retirement is permissible.

Super-seniority is a provision in the collective agreement providing that: a. union officials cannot be laid off b. employees who have left the bargaining unit for a time and are returning are allowed to include their time away from the bargaining unit in their seniority c. union officials cannot be discharged for misconduct d. union officials will be laid off last despite the fact that other employees may have more seniority e. union officials can claim priority when a job vacancy is posted

Which of the following is correct regarding seniority provisions in collective agreements: a. Seniority is a factor in all job-related decisions such as layoffs, unless the collective agreement provides otherwise. b. There will be one seniority calculation for all seniority-related provisions in the collective agreement such as vacations and layoffs. c. The collective may provide that the employee with the most seniority will be awarded a job vacancy provided that they have sufficient ability for the job. d. Employers prefer seniority to be given more weight in job-related decisions. e. Seniority is usually the sole factor used when employees apply for a job vacancy.

A collective agreement provides that the employee with the most seniority will be awarded a job vacancy provided that they have sufficient ability to do the job. This is a: a. relative ability clause b. provision preferred by the union c. provision preferred by the employer d. super seniority clause e. bumping provision

The recall period in a collective agreement refers to: a. The length of time within which an employer must impose any discipline after employee misconduct. b. The length of time an employee on layoff is entitled to reclaim a job if the employer is hiring employees. c. The time within which an employee must respond to a job posting. d. The time an employer has to bring employees in to work overtime. e. The time an employee is allowed to be away on parental leave.

Collective agreements commonly provide that seniority is lost: a. when an employee takes a personal leave b. during a maternity leave c. when an employee has been laid off for a specified time d. a, b, and c e. aandc

Which of the following is correct regarding a grievance relating to the job posting and selection process: a. The employer can rely upon the management rights article to establish any job specifications. b. The selection decision must be based on the job specifications set out in the job posting. c. An arbitrator will review the job specifications; however, an arbitrator will not review the employer's decision regarding which employee meets the specifications. d. If it is determined that the job posting process was flawed, arbitrators always order the process to be repeated. e. The employer bears the burden of proof.

When employers are assessing the skill and ability of employees who have applied for a job opening they may refer to or consider: a. interviews b. testing c. relevant disciplinary records d. a, b, and c e. aandc

When the union and the employer are negotiating a collective agreement which of the following will they not have to deal with in connection with layoffs: a. possible restrictions on bumping b. notice required c. definition of a layoff d. deemed termination e. training for employees who are bumping other employees

Which of the following is most likely to be a collective agreement term: a. Employees have a specified time to respond to a job posting. b. All job openings must be posted. c. Seniority is the sole factor determining which employee will be selected for a job. opening d. a, b, and c e. aandb

A collective agreement provides that if a job opening is being filled seniority is referred to if the skill and ability of employees is relatively equal. This provision is: a. a sufficient ability clause b. the seniority provision preferred by the union c. a competitive ability clause d. the one that allocates the most weight to seniority e. discriminatory

hich of the following is correct regarding health and safety issues and collective agreements: a. health and safety committees are required when provided for in the collective agreement b. health and safety legislation requires that collective agreements contain provisions providing for a health and safety committee c. many collective agreements provide for specific health and safety provisions instead of relying on the provisions found in legislation d. employees have the right to refuse unsafe work if this right is provided in the agreement e. the collective agreement must provide for a health and safety committee composed of members as provided in health and safety legislation

Which of the following is considered an issue when the union and the employer are negotiating the holiday provisions of the collective agreement: a. attendance requirements during the holiday period b. the amount of vacation pay c. holidays that fall on an unscheduled day off d. the entitlement of probationary employees to holidays e. statutory holidays are included in the holiday provisions

Which of the following is correct regarding benefits and the collective agreement: a. Benefits that employees will be entitled to must be set out specifically in the collective agreement. b. The employer will always establish a flexible benefit plan that allows employees to individually negotiate their benefit costs. c. The employer must arrange insurance coverage to provide for benefits set out in the collective agreement. d. The benefits employees are entitled to could be provided for outside of the collective agreement. e. Legislation sets out all the benefits that must be provided for in collective agreements.

A collective agreement contains a provision that the employer shall pay the insurance premiums for a dental plan. If there is a dispute relating to this benefit how the matter will be resolved: a. A grievance must be filed pursuant to the collective agreement. b. A claim must be made against the insurer. c. The employee must sue the employer. d. The union must sue the employer. e. either a or b

Which of the following is considered an issue when the union and the employer are negotiating the overtime provisions of the collective agreement: a. Employees have right to overtime regardless of the agreement provision b. notice not required c. minimum amount of overtime d. provisions defining overtime pay so that employees earn more than the rate specified in employment standards legislation e. provisions defining overtime hours so that employees can work more hours at their regular rate of pay than the hours specified in employment standards legislation

The fundamental issue in any technological change provisions in the collective agreement will be: a. the notice required for technological change b. any transfer provisions c. the income protection provided d. the definition of technological change e. the severance payments if jobs are lost

Federally regulated employees who have been employed for at least three months are entitled to: a. unpaid bereavement leave b. personal leave c. maternity leave d. parental leave e. vacations

Parental leave ranges from which of the following period the union and the employer can agree upon when they negotiate the leave provisions of the collective agreement: a. A maximum of 5 days b. a maximum of 14 days c. a maximum of 52 weeks d. a maximum of 18 weeks e. a maximum of 15 weeks

A collective agreement may provide for which of the following provisions: a. union information to be provided to new employees b. union officers to be allowed to conduct union business during work hours c. the employer to provide office space to the union d. a, b, and c e. aandb

Which of the following is correct regarding union and employer preferences for the terms of a collective agreement: a. Employers prefer a long or detailed form for the management rights article. b. Unions prefer a long or detailed form for the management rights article. c. Employers prefer mandatory union membership. d. Unions prefer shorter time limits in the grievance procedure. e. Unions prefer a narrower definition of technological change.

A sunset clause is: a. The termination date of the collective agreement b. The effective date of a new agreement c. The period of time that discipline is removed from the employees record d. The number of days a transfer request can be submitted by an employee e. The number of days an opening must be posted by the employer

During a layoff, an employee replaces another employee with less seniority. This is commonly known as: a. Bumping b. Reduction of force c. Can only occur if the employee has sufficient ability d. Transfer rights e. Job vacancy procedure.

T OR F: The negotiation of a collective agreement is more complex than other business negotiations.

T OR F: A certification by a Labour Relations Board grants a union the right to bargain for employees situated at one or more locations of an employer.

T OR F: Bargaining structure refers to the number of unions, employers, and locations involved in contract negotiations.

T OR F: In the most centralized bargaining structure contract negotiations occur between one union and one employer for one location.

T OR F: The phrase “industry bargaining” refers to a decentralized bargaining structure.

T OR F: Bargaining structure could affect the bargaining power of the union or the employer.

T OR F: Bargaining structure in Canada is generally decentralized.

T OR F: Whipsawing is a negotiation problem associated with centralized bargaining.

T OR F: Bargaining structure in Canada tends to be decentralized because unions perceive that this structure allows them to achieve their economic goals.

T OR F: Pattern bargaining involves the union negotiating an agreement with one employer and then presenting it to other employers seeking to have it copied.

T OR F: Distributive bargaining is negotiation in which the party's objectives are not in conflict and joint gain is possible.

T OR F: Distributive bargaining is the basis for interest-based or mutual gains bargaining.

T OR F: Intraorganizational bargaining includes the concept that negotiators must be concerned with the demands made by the other side and the demands made by their own constituents.

T OR F: The most hostile union-management relationship is one of collusion.

T OR F: The union-management relationship that is most likely to establish a foundation for interest- based bargaining is a co-operative relationship.

T OR F: The relationship between the parties is important because it could affect their ability to move from integrative to adversarial bargaining.

At the first negotiation session the union and employer bargaining teams are determined.

A union's demands in contract negotiation could be based upon input from the bargaining unit and arbitration decisions.

An employer would be in breach of the duty to bargain in good faith if it failed to provide information to the union that affected the bargaining unit even though the union has not requested the information.

Any communication from an employer to bargaining unit employees during contract negotiations is a breach of the duty to bargain in good faith.

A caucus is a meeting between the chief negotiators for the employer and the union.

To avoid haggling and make the negotiation process more efficient the employer should start contract talks with its best monetary offer.

First contract arbitration would generally be viewed as a remedy that is favourable to unions

A union’s resistance point is the least favourable offer that it will accept.

In most jurisdictions an employer is allowed to use replacement workers during a strike.

Bargaining structure is a factor that could affect the employer’s bargaining power.

The size and pattern of concessions made in distributive bargaining should be carefully planned and managed.

Where labour costs represent a small portion of the employer’s total costs of operation the union is in a stronger bargaining position.

The statement "We propose to reduce costs by reducing the amount of sick time taken by employees." is setting out an interest.

Interest-based bargaining is universally viewed as a new approach to contract negotiations.

Interest-based bargaining may be combined with traditional positional bargaining.

Interest-based bargaining has been widely adopted in Canada

If a union and an employer adopt interest-based bargaining they must engage in extensive preparation and training.

The mostly likely action by a union, when the relationship with the company is one of Conflict, is an allegation of unfair labour practice

The statutory freeze, required once notice of certification of a union certification drive, ends with the union giving notice of bargaining to the employer

The CEO, or Owner, is a key member of the company bargaining team.

A company has no intent to settle a contract it adopts a strategy of hard bargaining.

When it is the first time a company and a union is bargaining a contract, either party can request that the remaining issues be resolved through arbitration.

A company can force the bargaining unit employees to vote on their final offer to the union.

Which of the following refers to establishing an agreement with one party and then using the agreement to pressure others: a. centralized bargaining b. decentralized bargaining c. industry bargaining d. whipsawing e. attitudinal structuring

The issue of who is bargaining with whom is the core of the concept of: a. centralized bargaining b. decentralized bargaining c. bargaining structure d. distributive bargaining e. integrative bargaining

In a province there is one round of negotiations which establishes a collective agreement covering all secondary school teachers in the province. This illustrates: a. centralized bargaining b. decentralized bargaining c. pattern bargaining d. whipsawing e. intraorganizational bargaining

Which of the following bargaining structures is most common in Canada: a. single employer, multiple establishments, single union b. multiple employers, multiple establishments, single union c. multiple employers, multiple establishments, multiple unions d. single employer, single establishment, single union e. single employer, multiple establishments, multiple unions

What is the foremost step in the process of negotiation between the union-management: a. bargaining team selected b. preparation of demands c. notice to bargain d. meetings e. conciliation/mediation

The practice of a union negotiating an agreement with one employer and then attempting to negotiate a similar agreement with other employers is known as: a. industry bargaining b. centralized bargaining c. pattern bargaining d. distributive bargaining e. attitudinal structuring

A union represents employees at several different restaurants in a tourist area. The union is bargaining with one of the employers and is threatening to strike if the employer does not agree to the union's demands. This situation illustrates: a. centralized bargaining b. attitudinal structuring c. intraorganizational bargaining d. bargaining in bad faith e. whipsawing

Walton and the McKersie outlined four sub-processes in negotiation as follows: a. distributive bargaining, centralized bargaining, attitudinal structuring, and intraorganizational bargaining b. distributive bargaining, integrative bargaining, attitudinal structuring, and intraorganizational bargaining c. accommodative bargaining, integrative bargaining, attitudinal structuring, and intraorganizational bargaining d. distributive bargaining, integrative bargaining, collusive bargaining, and intraorganizational bargaining e. distributive bargaining, integrative bargaining, attitudinal structuring, and crisis bargaining

Walton and the McKersie outlined four sub-processes in negotiation. The sub-process most people are familiar with is: a. attitudinal structuring b. intraorganizational bargaining c. integrative bargaining d. distributive bargaining e. decentralized bargaining

After contract negotiations have been going on for an extended time it appears that a union negotiator will likely have to make a concession to reach an agreement. The concession will significantly affect half of the bargaining unit. The union negotiator is considering how to avoid a backlash from the bargaining unit members affected. This situation illustrates which of the following: a. integrative bargaining b. collusive bargaining c. distributive bargaining d. intraorganizational bargaining e. attitudinal structuring

One model considering the relationship between the union and the employer has classified the possible relationships into types as follows: a. conflict, containment-aggression, Bulwarism, integrative, collusion b. conflict, containment-aggression, accommodation, co-operative, crisis c. conflict, containment-aggression, accommodation, co-operative, collusion d. integrative, containment-aggression, accommodation, co-operative, collusion e. distributive, containment-aggression, accommodation, co-operative, collusion

Which of the following is a factor affecting the union-management relationship: a. gender of union and employer negotiators b. changes in labour relations legislation c. age of employees in the bargaining unit d. gender of employees in the bargaining unit e. intraorganizational bargaining

Which of the following is most likely to lead to a deterioration of the union-management relationship: a. increased competition in the market for the employer’s product b. decreased competition in the market for the employer’s product c. legislation providing for the mandatory deduction of union dues from the pay of employees d. legislation requiring mandatory union membership e. attitudinal structuring

When a notice to bargain has been given which of the following happens: a. the search phase of negotiations begins b. the crisis phase of negotiations begins c. the parties move to conciliation d. the parties move to mediation e. a statutory freeze period commences

At the second negotiation session between union and employer representatives the union negotiators have talked at length about how important it is that a new benefit for a prepaid legal plan is included in the collective agreement. This situation illustrates: a. establishing the negotiation range b. the search phase of negotiations c. the crisis of days of negotiations d. integrative bargaining e. attitudinal structuring

Who of the following is the least likely to be on an employer bargaining team: a. a labour relations consultant b. a labour relations staff person c. a financial resource person d. the company president e. an operating manager

Which of the following is correct regarding the union bargaining team: a. The team must have the same number of representatives as the employer bargaining team. b. The representatives are always chosen in a special election in the local. c. A national union representative may be part of the team. d. The team consists entirely of national union representatives. e. The national union president is never part of the bargaining team.

A union is preparing to negotiate the renewal of a collective agreement. Which of the following is the least likely to be a factor affecting the demands made by the union: a. input received from bargaining unit members b. arbitration decisions interpreting the collective agreement c. input from the national or international union d. the business plans of the employer e. economic forecasts

An employer is preparing to negotiate the renewal of a collective agreement. following is the least likely to be a factor affecting any demands or proposals made by the employer: a. input from managers b. business plans c. contract settlements in the industry d. arbitration decisions interpreting the collective agreement e. the composition of the union bargaining team

The duty to bargain in good faith requires the employer to: a. make concessions to reach an agreement b. explain its proposals to the union negotiating team c. agree to changes in the bargaining unit d. explain its proposals to the bargaining unit e. agree to mandatory union membership for bargaining unit employees

An employer and a union have been negotiating the renewal of a collective agreement for eight months. At the last negotiation session, the employer explained its final offer to the union bargaining team. The employer maintained that a wage freeze was required in the first year of the agreement in order for the employer to stay in business. Subsequently the employer sent a letter to employees in the bargaining unit outlining its final offer. This situation best illustrates: a. bargaining in bad faith b. surface bargaining c. hard bargaining d. integrative bargaining e. intraorganizational bargaining

Which of the following is correct regarding first contract arbitration: a. It will be imposed whenever the union and the employer cannot negotiate a first agreement. b. It is available only on the application of the union. c. It could be used to achieve a significant breakthrough in a collective agreement. d. It discourages employers from taking unreasonable positions in negotiations. e. It forces employers to agree to union demands.

An employer is preparing to negotiate the renewal of a collective agreement. The employer anticipates that the union will be seeking a 3 percent wage increase and anticipates that the union will begin negotiations by asking for a 5 percent increase. The employer is willing to provide a 4 percent wage increase although it would prefer to keep the wage increase to 2.5 percent. The employer is planning on proposing a 2 percent wage increase at the start of negotiations. Which of the following is correct: a. The employer’s resistance point is 3 percent. b. The employer’s resistance point is 4 percent. c. The employer’s target point is 4 percent. d. The employer’s target point is 2 percent. e. The employer’s resistance point is 5 percent.

In contract negotiation the union’s resistance point on the issue of wages is: a. the maximum amount the union anticipates the employer is willing to pay b. the wage increase that the union will request at the beginning of negotiations c. the union’s estimate of the amount the employer will offer d. the lowest wage increase that the union would agree to e. the wage increase that the union hopes to achieve

The settlement zone is: a. the overlap between the union and management resistance points b. the overlap between the union and management target points c. the final stage of negotiations in which an agreement is reached d. the difference between the union's resistance and target points e. the difference between management's initial offer and management's target point

Which of the following is the least likely to be a factor affecting the bargaining power of the union: a. the timing of a strike b. the size of the strike fund c. the commitment of employees to the demands made by the union d. the age of employees e. public opinion

The Framework of Fairness agreement between Magna and the CAW provides that: a. If the parties cannot negotiate a collective agreement the terms of the agreement will be determined by referring mediation. b. If the parties cannot negotiate a collective agreement the terms of the agreement will be determined by referring to arbitration. c. There will be no strike or lockout. d. The union can call a strike without having a strike vote. e. bandc

hich one of the following is considered as a principle for interest-based bargaining outlined in Getting To Yes: a. focus on interests not positions b. invent options for management gain c. never separate the people from the problem d. using objective criteria randomly e. focus on attitudinal structure, not positions

Which of the following statements expresses an interest, as opposed to a demand: a. We are concerned about job security; we need a ban on contracting out. b. We must reduce costs by reducing the time spent on training. c. We need to prevent repetitive strain injury. d. We must increase productivity; we have to have technological change. e. bandc

In order to adopt interest-based bargaining the union and the employer should: a. replace management and union leaders b. engage in joint training relating to interest-based bargaining c. use a facilitator d. a, b, and c e. bandc

Which of the following represent bargaining power for the company? a. High inventory levels b. Highly interdependent operations c. Low competition in the employers business sector d. a&c e. a,b&c

Which of the following is correct regarding first contract arbitration: a. It will be imposed whenever the union and the employer cannot negotiate a first agreement. b. It is available only on the application of the union. c. It could be used to achieve a significant breakthrough in a collective agreement. d. It discourages unions from taking unreasonable positions in negotiations. e. It forces employers to agree to union demands.

A conciliation officer is an individual the union and the employer pay to help them resolve a contract dispute.

A conciliation board has representatives from the union, the employer, and the government.

The conciliation process has advantages and disadvantages.

A mediator is a third party who hears evidence from the union and the employer and then decides the terms of a collective agreement.

A mediator may help the parties reach a collective agreement by suggesting new alternatives they have not previously considered.

The chilling effect refers to the possibility that the parties may not make the concessions necessary to reach an agreement because they do not wish to harm their positions before an arbitrator at a later date.

The narcotic effect is a potential problem in interest arbitration.

Final offer selection is a form of arbitration that should encourage the parties to negotiate a collective agreement without third party assistance.

Final offer selection is the form of arbitration preferred by unions.

Second contract arbitration, where either the union or the employer can apply to have the terms of the collective agreement settled by arbitration, is available in all jurisdictions.

Back-to-work legislation always establishes the terms for a collective agreement.

In the private sector direct bargaining between the union and employer has resulted in a collective agreement in approximately half of negotiations.

Back-to-work legislation has been used to end contract disputes in both the public and private sector.

If two employees remain on the job; however, they deliberately reduce output, they are engaging in a strike.

A strike may also be referred to as economic sanctions or industrial action.

In the private sector 80 percent of collective agreements are negotiated without a strike.

Strikes serve a useful function because they may force negotiators to make concessions necessary to reach an agreement.

Strikes are caused only by economic factors including the union’s wage demands and the employer’s ability to pay.

Larger bargaining units are more likely to be involved in strikes.

The collective voice approach views strikes as mistakes that could be avoided.

For a strike to be legal the union members in the bargaining unit must approve the strike by a secret ballot vote.

In all situations where there is an illegal strike the union will be liable for any damages incurred by the employer.

Legally a picket line can only be established to inform or persuade the public.

Strike pay is equivalent to an employee’s regular earnings.

In most jurisdictions legislation provides that when a strike ends, striking employees must be reinstated.

In Canada work stoppages that involve 100 or more working days lost are counted as a strike.

In most jurisdictions the union and the employer must obtain third-party assistance before a legal strike or lockout can occur.

The frequency of strikes in Canada has been increasing since 1990.

An employer may force the employees to vote to accept a final offer from the company.

Secondary picketing is typically illegal in Canada.

If an agreement contains a provision that employees can refuse to work with goods associated with an employer engaged in a strike is known as a hot cargo clause.

Some researchers claim that gender is a factor in the likelihood of going on strike.

Which of the following is a process in which a third party decides the terms of a collective agreement: a. fact-finding b. conciliation c. arbitration d. mediation e. conciliation board

Labour relations legislation in all jurisdictions provides for which of the following; a. conciliation officers b. a conciliation board c. fact-finding d. mediation e. a no-board report

In jurisdictions that provide for a conciliation board, which of the following is correct: a. The Board determines the terms of the collective agreement. b. The Board reports to the minister responsible for labour relations. c. The Board members are chosen by the union. d. The Board uses final offer selection. e. The Board members are approved by the employer.

Which of the following is correct regarding arbitration, conciliation, and mediation: a. All three produce a binding resolution of a contract dispute. b. Only conciliation produces a binding resolution of a contract dispute. c. Only mediation produces a binding resolution of a contract dispute. d. Only arbitration produces a binding resolution of a contract dispute. e. None of the three produces a binding resolution of a contract dispute.

Which of the following is correct regarding conciliation: a. It produces a final contract settlement. b. It is a form of arbitration. c. It is required in most jurisdictions before a strike or lockout is lawful. d. It is required before a grievance is referred to arbitration. e. It involves both parties presenting a final offer to the conciliator who chooses one of the offers.

Interest arbitration has been criticized because: a. there is a chilling effect b. there is a narcotic effect c. it increases hostility between the parties d. a, b, and c e. aandb

An employer has terminated an employee for alleged misconduct and the union has filed a grievance. If the grievance is not settled it will be resolved using: a. interest arbitration b. rights arbitration c. mediation d. conciliation e. final offer selection

The chilling effect of interest arbitration refers to the possibility that: a. hostility between negotiators is increased b. negotiators may become dependent upon a third party making a decision for them c. the process is expensive d. there may be no incentive for negotiators to make concessions necessary to reach an agreement e. the process is slow

A union and an employer have not been able to negotiate a collective agreement. The contract terms will be settled by each party presenting an offer to a neutral third party who will choose the terms proposed by one of the parties. This illustrates: a. fact-finding b. mediation c. item-by-item final offer selection d. total package final offer selection e. mediation-arbitration

A potential problem with a final offer selection is that: a. It creates winners and losers, which may cause hostility. b. It does not encourage the parties to negotiate their own agreement. c. It is only available in a "winner take all" form. d. It causes a narcotic affect. e. It causes a chilling effect.

Which of the following is correct regarding first contract arbitration: a. It is favourable to unions. b. It is required in all jurisdictions. c. It is favourable to employers. d. It is neutral. e. It is granted upon request in most jurisdictions.

Which of the following is correct regarding contract dispute resolution: a. Interest arbitration is used to the same extent in the private and public sectors. b. Back-to-work legislation has been used to resolve disputes in the public sector, but not in the private sector. c. Half of collective agreements are negotiated between the parties without outside assistance or intervention. d. Interest arbitration is welcomed by a majority of unions. e. Final offer selection is a widely used form of third party assistance.

Which of the following is a strike: a. employee A refusing to work b. employees B and C continuing to work but acting together to restrict output c. employees D and E picketing the employer’s premises during non-work hours d. a and b e. a,b,andc

What percentage of contract negotiations in the private the sector involve a strike: a. 30 percent b. 25 percent c. 20 percent d. 15 percent e. 10 percent

Which the following is correct: a. Prohibiting strikes may lead to alternative forms of employee protest. b. The majority of contract negotiations involve a strike. c. A strike means that employees refuse to enter the employer’s premises. d. The definition of strike is the same in all jurisdictions. e. A work to rule campaign has no connection with a strike.

A work to rule campaign occurs when employees: a. stop working at different locations at different times b. restrict output by strictly following work procedures c. encourage customers of the employer to do business elsewhere d. establish rules which increase production e. refuse overtime

Which of the following is correct: a. Strikes serve no useful purpose. b. Strikes are not allowed in the public sector. c. A strike could be necessary to reach a contract settlement. d. Strike pay eliminates the adverse economic consequences of strikes. e. A strike means that the employer and the union have not been able to agree on compensation.

Which of the following is the least likely to cause a strike: a. inexperienced negotiators b. conflict within the union bargaining team c. hostility between employer and union negotiators d. provisions for the reopening of contract negotiations during the term of an agreement e. differences in information between union and employer negotiators

Which of the following is correct regarding a strike: a. A strike vote must be held, and the strike must be approved by bargaining unit employees. b. A strike vote must be held, and the strike must be approved by employees in the bargaining unit who are union members. c. A strike cannot commence until the last three months of an expiring collective agreement. d. A strike notice is required in all jurisdictions. e. aandd

A union may legally strike if: a. the employer does not comply with an order of an arbitrator b. the employer refuses to implement a safety program c. other requirements for a strike have been met and any collective agreement has expired d. the employer has contracted out work in contravention of the collective agreement e. the employer has established an unreasonable rule or policy.

Which of the following are associated with an increased incidence of strikes: a. an economic decline b. a ban on the use of replacement workers c. more experienced negotiators d. a and b e. bandc

Before there can be a legal strike which of the following is/are required: a. a strike vote b. the expiration of any current collective agreement c. a vote on the employer's last offer d. a and b e. bandc

In the event of a strike, which of the following is correct: a. Employees can prohibit entry to the premises by picketing. b. Employees cannot picket at a location other than their workplace. c. Striking employees cannot work for other employers. d. The employer is allowed to use replacement workers in most jurisdictions. e. Employees will receive strike pay from the union equivalent to their regular rate of pay.

The law allows picketing for the purpose of: a. preventing customers from entering the employer’s property b. preventing suppliers from entering the employer’s property c. providing information to the public d. preventing employees from entering the employer’s property e. candd

The number of strike increased dramatically in 2012. The reason for this increase has been attributed to : a. an increase to single day strikes in the public sector b. An increase to single day strikes in the construction industry c. Legislative changes in most provinces d. a&b e. a,b,&c

Which of the following is correct: a. A vote is not required to authorize a strike unless the union’s constitution requires a vote. b. In a vote to authorize a strike only union members in the bargaining unit are allowed to vote. c. Secondary picketing is never allowed. d. At least one study has established that the grievance rate is higher for employees who are not allowed to strike. e. The strike rate has been stable over time.

Is a clause that allows workers to refuse to use material or goods from another employer who is on strike permitted? a. This is a form of secondary picketing and is not permitted in most jurisdiction b. It may be included in a collective agreement and is known as a “hot cargo” clause c. Is permitted in most legislation in Canada d. It is only permitted for federally regulated employees e. It is not permitted for government employees as they are an essential service

A work to rule campaign includes: a. Restricting output and an refusing overtime in collaboration with other employees b. Restricting output and refusing new assignments c. Refusing overtime and new assignments d. Performing the minimum requirements of the job e. a&d

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 grievance process benefits employees and unions, but not employers.

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

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

Union leaders could use the grievance procedure for political purposes.

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

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

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

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

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

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

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

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

An agreed statement of facts will shorten the length of an arbitration hearing.

An argument in the alternative is an alternative position the union or the employer takes in the event that their primary argument is not accepted by the arbitrator.

Arbitrability means that a party makes an alternative argument they wish the arbitrator to accept if their primary argument is rejected.

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.

An arbitrator has the authority to deal with all disputes between the union and the employer.

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

The decisions of arbitrators are not subject to review.

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

It is possible that an employer cannot enforce the terms of the collective agreement because of verbal statements the employer has made to the union or employees.

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

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

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

Culminating incident is a doctrine providing that an employer can conduct a review of the employee’s record on a periodic basis and discharge the employee for past misconduct.

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.

If the employer fails to impose discipline within the time provided for in the collective agreement, an arbitrator could order that the discipline be reversed.

When an arbitrator reviews the discipline imposed by the employer for employee misconduct, the arbitrator can increase the discipline.

When an arbitrator determines whether a suspension imposed by an employer for breaking a company rule should be upheld, one factor is the consistency of the enforcement of the rule by the employer.

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

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.

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

Employees on layoff should be notified of any job vacancies posted.

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

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

A last chance agreement can impose any conditions upon the employee that the employee and the union agree to.

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

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

The union’s duty of fair representation requires the union to take all grievances to arbitration.

Expedited arbitration is an alternative provided in some collective agreements.

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.

Employers should pursue grievance mediation with all grievances.

An employer has been providing a paid lunch for employees for several years, however there is no provision for a paid lunch in the collective agreement. The employer may stop providing this payment at any time.

An employer has adopted a practice of extending the duration a new hire is on probationary status for a period of time. This practice is not permitted in the collective agreement. The union will likely be successful with a grievance at arbitration.

Management rights provides that an employer can implement new policies that employees at any time.

In assessing the skill and ability of an employee, the job interview has the greatest significance in the selection process.

Employees have not responsibility with respect to accommodations under Human Rights Legislation.

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

Which of the following is the least likely to lead to a grievance: a. The parties failed to define a term the collective agreement. b. The union wants to challenge a management decision. c. One of the parties appears to have violated the collective agreement. d. An employee is dissatisfied with the terms of the collective agreement. e. Union leaders want to put pressure on the employer.

Which of the following has the right to file a grievance: a. the union, if the employer has been notified and been given an opportunity to correct the problem b. the employer, if the union has been notified and been given an opportunity to correct the problem c. the employer d. the union e. candd

A collective agreement provides that when overtime is assigned employees must be given six hours notice. The employer has assigned overtime providing employees with only three hours notice. What should employees and the union do in this situation: a. refuse to work the overtime b. work the overtime and sue the employer c. work the overtime; however, restrict output so that the employer will provide adequate notice in the future d. file a complaint with the Labour Relations Board e. work the overtime and file a grievance

The grievance and arbitration process could benefit which of the following: a. employees b. union leaders c. employers d. a,b,andc e. aandb

The grievance rate is the number of grievances: a. filed in a year b. filed during the life of a collective agreement c. that go to arbitration d. that are settled e. divided by the number of employees in the bargaining unit

The collective agreement provides that if a dispute between the parties cannot be settled the issue is referred to: a. the courts b. interest arbitration c. rights arbitration d. mediation e. a strike or lockout

Which of the following is correct regarding the grievance and arbitration process: a. The relationship between the union and the employer affects the grievance rate. b. All grievances are resolved by an arbitrator. c. The union bears none of the cost of the grievance process. d. The union determines the form of arbitration used. e. Grievances are a secondary method to enforce the collective agreement.

An employer has had a long standing practice of paying a certain benefit that is not contained in the collective agreement. The employer has decided to cut costs and stop paying the benefit. a. The union may grieve and will likely be successful due to the principle of estopple. b. The company may reduce costs in this way under management rights. c. The union will not be successful with the grievance as they have signed the collective agreement. d. The company must negotiate this change with the union. e. aandd

An employer has a rule that prohibits smoking inside the building. An employee who was caught smoking in a washroom has been suspended. The employee wants to have the suspension reduced or reversed. Which of the following is correct in most situations: a. The union must file a grievance and refer it to arbitration. b. The union must file a grievance and obtain the employee's consent to settle the grievance. c. The union can file a grievance and settle the dispute without the employee's consent. d. If the union refuses to refer a grievance to arbitration the employee can sue the employer. e. If the union refuses to refer a grievance to arbitration the employee can sue the union.

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: 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 collective agreement provides a mandatory ten-day time limit for the union to refer a grievance to Step two if it is denied at Step one. If the union does not refer the grievance to Step two until 25 days after it is denied at step one which of the following is correct: a. The employer should not attend the Step two meeting. b. The employer can ignore the missed time limit now and if the dispute goes to arbitration raise the issue with the arbitrator who will refuse to hear the matter because of the union's failure to comply with the agreement. c. The employer should notify the union that it is proceeding to Step two; however, it reserves the right to argue that the grievance is inarbitrable because of the missed time limit. d. The grievance cannot proceed further in the process unless the employer consents. e. The notices relating to grievance meetings are privileged communications that cannot be referred to that an arbitration hearing.

An employer has rules prohibiting employees from smoking on company property. Employee A was suspended for one week when caught violating the rule. The union filed a grievance and the matter was settled when the employer agreed to reduce the suspension to two days. The settlement of the grievance provided that it was on a without precedent basis. If employee B is caught smoking two weeks later which of the following is correct: a. Employee B cannot be disciplined. b. The employer can impose discipline on employee B; however, the union can file a grievance if B is suspended. c. An arbitrator would likely uphold the discharge of employee B. d. Employee B can be suspended for only two days. e. Because of the settlement of the previous grievance the employer cannot suspend B without providing a prior warning.

Which of the following is correct regarding an arbitration hearing: a. Lawyers must represent the parties. b. The hearing is normally held at the workplace. c. The arbitrator rules upon the admissibility of evidence. d. The union bears the burden of proof. e. The arbitrator renders a decision immediately after the parties have made their final arguments.

Which of the following is correct regarding an arbitration hearing: a. Arbitrators may have to determine both questions of fact and questions of law. b. Previous arbitration decisions in cases similar to the dispute before the arbitrator establish precedents that the arbitrator must follow. c. Either side may present an argument in the alternative. d. a, b, and c e. aandc

The burden of proof at an arbitration hearing: 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 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: 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.

Most collective agreements provide that the arbitrator's fees for rights arbitration are paid by the: a. employer b. union c. party who loses the arbitration d. union and employer spitting the fees e. Ministry of Labour

Which of the following possibly restricts the exercise of management rights by the employer: a. a requirement that rules must be established by the management only b. a requirement that rules must be established by the union only c. a requirement that rules established must be consistently enforced d. a requirement that rules established be agreed to by the union e. a requirement that rules must be established for particular interests to employers

A collective agreement between a union and an employer (a grocery store) contains a management rights article and an article relating to technological change. The agreement does not refer to parking. The employer has established rules requiring employees to register their cars with the employer and leave their cars in a specified area. In this situation, which of the following is correct: a. The employer can rely on the management rights article to establish the parking rules. b. The employer cannot establish the rules because parking is not referred to in the collective agreement. c. The employer must obtain the union’s consent to the rules. d. The principle of estoppel prevents the employer from establishing the parking rules. e. The employer can rely on the technological change provisions in the collective agreement to establish the rules.

For which of the following may an employer be allowed to impose discipline upon an employee: a. taking due leave b. violation of union rules c. a criminal conviction for off-duty misconduct d. incompetence e. subordination

The doctrine of culminating incident provides that: 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.

Which of the following is a disciplinary measure that an employer could impose upon an employee: a. promotion b. additional responsibilities c. suspension d. reduction of seniority e. flextime

Which of the following is correct regarding the arbitrator's review of the discipline imposed by an employer: a. The arbitrator can always reduce the discipline imposed by the employer. b. The arbitrator can add to the discipline imposed by the employer. c. Previous leniency in the enforcement of rules is not a factor. d. In exceptional cases arbitrators may award compensation instead of the reinstatement of a discharged employee. e. Rules must be consistently enforced; accordingly, special hardship that a penalty may impose upon an employee is not relevant.

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 month suspension imposed by the employer should be upheld or reduced? a. the age of the grievor b. whether rules have been consistently enforced c. any provocation by the employer or other employees d. a, b, and c e. bandc

An arrangement providing that a discharged employee will be reinstated subject to specified conditions being met is known as: a. a culminating incident b. a last chance agreement c. progressive discipline d. arbitrator's discretion e. a deemed termination

A deemed termination provision in a collective agreement: a. provides that if an employee is absent for a specified time they are automatically terminated b. is always enforceable c. is always discriminatory and therefore never enforceable d. aandb. e. aandc

Which of the following is correct regarding a grievance relating to the job posting and selection process: a. The employer can rely upon the management rights article to establish any job requirements. b. The selection decision must be based on the job requirements set out in the job posting. c. An arbitrator will review the job requirements; however, an arbitrator will not review the employer's decision regarding which employee meets the requirements. d. If it is determined that the job posting process was flawed, arbitrators always order the process to be repeated. e. The employer bears the burden of proof.

When conducting a posting for a job vacancy and selecting an employee to fill the vacancy employers must ensure that: a. the job specifications are reasonable b. all employees on layoff are recalled before the posting c. managers do not use testing d. managers do not refer to performance appraisals e. aandb

When conducting a posting for a job vacancy and selecting an employee to fill the vacancy employers must ensure that: a. the job requirements are reasonable b. interviews are fair c. managers do not use testing d. managers do not refer to performance appraisals e. aandb

When employers are assessing skill and ability of employees who have applied for a job opening they may refer to or consider: a. interviews b. testing c. relevant disciplinary records d. a, b, and c e. aandconly

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: a. The last chance agreement is enforceable and the employee will be discharged because the employee voluntarily signed the agreement. b. All last chance agreements involving employees who have an alcohol problem have been found to be unenforceable. c. This last chance agreement is unenforceable because it imposes conditions on the employee not placed on other employees. d. By establishing a last chance agreement the employer has met its duty to accommodate. e. An arbitrator will not review the terms of last chance agreement that has been signed by all the parties

The duty to accommodate imposes obligations on: a. the employer b. the union c. employees d. a, b, and c e. aandb

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: a. This situation illustrates culpable absenteeism and the discharge will be upheld. b. This situation illustrates innocent absenteeism; however, the discharge will be upheld. c. This situation illustrates innocent absenteeism and an arbitrator will never uphold a discharge for innocent absenteeism. d. This situation illustrates culpable absenteeism; however, the discharge will not be upheld. e. This situation illustrates innocent absenteeism and this discharge will not be upheld.

The duty of fair representation means that the union: a. must follow the instructions of bargaining unit members when negotiating a collective agreement b. will be responsible for any errors made in the course of the administration of the agreement c. must refer all grievances relating to discharge to arbitration d. must not discriminate against any member of the bargaining unit e. must not discriminate against employees in the bargaining unit who have become union members

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: a. conciliation b. mediation c. fact-finding d. interest arbitration e. expedited arbitration

Grievance mediation is: a. faster than arbitration b. required for policy grievances c. used more often than arbitration d. more costly than arbitration e. preferred over arbitration in all cases

An employer has had a long standing policy to discipline employees who have not correctly followed a safety procedure, such as lock out, for a balance of shift suspension without pay. As a result of a series of employee injuries the employer increased this penalty to a 5 day suspension without pay. There are no provisions in the collective agreement with respect to penalties of company policies. a. The union may grieve this and be successful due to the principle of estopple. b. The union will not be successful at arbitration as penalties are not included in the collective agreement and the policy is reasonable. c. The employer must negotiate this change with the union. d. The company can discipline employees for this infraction as long as they advise employees in advance of the policy change. e. b&d

An employee has been discharged from an employer as the employee has been convicted of trafficking in narcotics in violation of a company policy. The employee has told the union not to withdraw the grievance. The Union also has a policy that does not support trafficking as they wish to protect their members. a. The union may not withdraw the grievance due to the requirement to represent the employee. b. The union may not withdraw the grievance to provisions of the Labour Relation Act c. The union must always obey the instructions of the employee d. The union may withdraw the grievance as their reason is not arbitrary e. The union may withdraw the grievance with the approval of the company

The public sector is composed of individuals who work directly for local, provincial, or federal governments.

Twenty-two percent of employees in Canada work for the federal or provincial government.

Union density in the public sector is over three times as high as the private sector.

Federally regulated employees in the public sector did not have the right to unionize until 1967.

Provincial government employees were granted the right to unionize in the Public Service Staff Relations Act.

Teachers have the right to strike in all provinces.

Employers in the public sector have the same authority and priorities as employers in the private sector.

A union dealing with a public sector employer will always know where to direct its efforts in order to influence the employer.

ublic sector employees were not initially granted the right to unionize because they are involved in providing essential services

Employers in the public sector do not have the same economic bottom line as private sector employers.

There are more professional employees unionized in the public sector than the private sector.

The legislative framework for labour relations in the public sector is fragmented.

In each province there is one method to resolve contract disputes that is used for all segments of the public sector in the province.

All bargaining units in the public sector are determined in the same manner as the public sector, by the relevant labour relations board.

There are limits on contract negotiation in the public sector that are not found in the private sector

Interest arbitration may lead to higher increases in compensation than increases obtained in bargaining where the strike is the final dispute resolution mechanism.

When public sector employees are allowed to strike, as opposed to relying on arbitration, the likelihood of the employer and the union negotiating their own agreement is increased.

There is evidence that interest arbitration leads to higher increases in compensation than increases obtained pursuant to bargaining where a strike is the final dispute resolution mechanism

In a designated strike the union determines who continues to work in the event of a strike.

A controlled strike refers to a situation where employees are permitted to strike for a period of time and then they are legislated back to work.

It is generally accepted that interest arbitration is the best way to resolve contract disputes in the public sector.

A potential problem with the designated or controlled strike is that the union and employer may not be able to agree on the employees who should be deemed essential.

Most governments that have relied upon back-to-work legislation to resolve public sector contract disputes have suffered adverse political consequences.

There is evidence that managers and labour leaders in the public sector have different views on the state of labour relations.

According to some sources, public sector unionized employees tend to make more in wages and benefits than private sector employees.

The economy has no influence on the bargaining of contracts in the public sector.

Public sector employees are those who only work directly for the government.

Public sector employees were not always permitted to unionize. This was due to concerns that the government would not be able to control their budgets.

Public sector unions developed quickly after 1967 due to the Employee Associations that were in place prior to enactment of the Public Service Staff Relations Act.

The public sector is composed of: a. the employees of government enterprises b. employees of the municipal, federal, and provincial governments c. persons employed in health, education, and social services d. a and b e. a,b,andc

What percentage is the union density for the public sector: a. 32 percent b. 71 percent c. 10 percent d. 20 percent e. 60 percent

Which of the following is correct: a. Union density is higher in the public sector than the private sector. b. There are more female union members in the private sector than in the public sector. c. Union density in the public sector has been declining since 1984. d. There are more professional employees unionized in the private sector than in the public sector. e. Union density in the public sector cannot increase in the future.

Which of the following is (are) correct regarding unionization in the public sector: a. The public sector was unionized before the private sector. b. Union density is higher in the private sector than in the public sector. c. The percentage of union members who are female is higher in the public sector than in the private sector. d. aandc e. bandc

When the law was changed to allow public sector employees to unionize: a. unions grew rapidly in the public sector b. employee associations that had previously existed were the foundation for some unions c. no public sector employees were allowed to strike d. a and b e. aandc

Most public sector employees were not allowed to unionize for more than two decades after private sector employees because: a. There was a concern that unions would have too much bargaining power. b. Public sector employees did not want collective representation. c. Unions did not want to organize public sector employees. d. Employees were already adequately represented by employee associations. e. There were not enough public sector employees to organize.

Which of the following provided all public sector employees the right to unionize: a. Wagner Act, 1935 b. PC 1003, 1944 c. Industrial Disputes Investigation Act, 1948 d. Public Service Staff Relations Act, 1967 e. none of the above

Which of the following provided federal public sector employees the right to unionize: a. Wagner Act, 1935 b. PC 1003, 1944 c. Industrial Disputes Investigation Act, 1948 d. Public Service Staff Relations Act, 1967 e. Government Employees Collective Bargaining Act, 1967

Which of the following is correct: a. Most public sector employees did not have the right to organize until after 1967. b. All public sector employees were initially covered by the Public Service Staff Relations Act. c. Prior to the enactment of legislation that allowed public sector employees to organize, employee organizations did not exist. d. Most provinces do not have a separate statute dealing with public sector labour relations. e. aandc

Which of the following is correct: a. Most public sector employees were not allowed to unionize until more than two decades after private sector employees. b. Most private sector employees were not allowed to unionize until more than two decades after public sector employees. c. Most municipal employees are covered by private sector labour relations legislation. d. Teachers were the first public sector employees who were allowed to unionize. e. aandc

Which of the following is correct regarding negotiation of collective agreements in the public sector: a. The scope of bargaining is broader than in the private sector. b. There are no mandatory terms for the collective agreement. c. More contract disputes have been ended by back-to-work legislation than in the private sector. d. Negotiation tends to be more decentralized than in the private sector. e. candd

The Public Service Labour Relations Act provides that: a. Employees do not have the right to strike. b. The union must choose between a strike and arbitration as a dispute settlement mechanism before each round of negotiations. c. The union must choose between a strikes and arbitration as the dispute settlement mechanism after the union is certified, and the election is permanent. d. Arbitration is used to settle all interest disputes. e. Conciliation is not required.

abour relations in the public sector are distinctive from the private sector because: a. employees are not allowed to strike b. some employers can pass legislation affecting the processes used c. there are fewer professional employees d. public relations are less important e. negotiations have a broader scope

In the public sector contract disputes could be resolved through: a. strikes b. interest arbitration c. a designated strike d. a, b, and c e. bandc

Which of the following is a potential advantage of a designated strike: a. Compared to interest arbitration it increases the likelihood of voluntary settlement. b. It is the method of dispute resolution that minimizes disruption to the public. c. There is a built in incentive for any strike to be shorter than would be the case if there was an unrestricted strike. d. It avoids any loss of services to the public. e. It is the most efficient dispute resolution mechanism available.

Which of the following is correct regarding an essential services agreement: a. It provides that no employee in the bargaining unit can strike. b. It provides that arbitration is used to resolve a contract dispute. c. It is negotiated by the union and the employer. d. It is dictated by the minister responsible for labour relations. e. Unions prefer that a larger number of employees be designated as essential.

When interest arbitration, an unrestricted strike, and a controlled strike are compared which of the following is correct: a. Interest arbitration increases the likelihood of a voluntary settlement. b. Interest arbitration involves the negotiation of an essential services agreement. c. Back to work legislation is required to end a controlled strike. d. The controlled strike eliminates the loss of any services. e. The unrestricted strike increases the likelihood of a voluntary settlement.

Which of the following is correct regarding alternative contract dispute resolution mechanisms in the public sector: a. Chilling and narcotic effects are associated with a designated strike. b. Chilling and narcotic effects are associated with interest arbitration. c. A strike decreases the likelihood of a negotiated settlement. d. A designated strike avoids all disruption to the public. e. Interest arbitration involves the negotiation of an essential services agreement.

Which of the following has been a recent trend in public sector labour relations: a. a more optimistic approach to labour relations on the part of union leaders b. adoption of mutual gains bargaining c. increased use of interest arbitration d. reduced concerns regarding government debt levels e. legislation to impose collective agreement terms

Public sector unions are more likely to : a. Go on strike b. Settle the strike by way of interest bargaining c. Be legislated back to work d. a&b e. a,b,&c

Governments have a unique role in labour relations because: a. All there employees are an essential service and can be legislated back to work. b. Additional labour costs can easily be passed on to the tax payer. c. They have a dual role as a legislator and employer d. They are not impacted by the economy with respect to labour relations e. It is illegal for them to bargain wages and benefits as this is legislated.

Unionized firms have higher turnover than non-union firms.

Unions represent skilled and unskilled workers.

On average union workers make less than non-unionized workers.

Women are more likely to be a union member than men.

The unionization rate for younger workers has been increasing since 1981.

Unionization rates for women aged 45-54 has been the only demographic to have increased since 1981.

Unions are adapting their certification programs to the younger workforce.

Unions continue to use the traditional certification process as the face to face approach gets the best results.

The perception of younger workers that they will likely be employed as a contract worker is seen as negatively impacting unionization rates.

Younger workers have a more negative opinion of unions.

Younger workers have a greater need for work life balance than older workers.

Many jurisdictions in the United States have adopted “Right to work” laws. These laws require employees to pay union dues.

“Right to work” laws make the payment of union dues optional to employees.

“Right to work” laws, which make the payment of union dues optional are being adopted in Canada.

Employee involvement in unionized workplaces requires the collaboration with the union

Unions are taking a proactive approach to gender equality.

It has been estimated that the percentage of visible minorities in the general population will be stable over the next several years.

It has been estimated that approximately one third of workers will be visible minorities.

Unions tend to see diversity as a social justice issue vs the more progressive approach of that diversity stimulates innovation.

Union leaders sometimes oppose employee involvement programs because they fear that employees will be required to work harder for the same compensation.

Unions are collaborating across boarders as a result in international trade agreements and tariffs.

The impact of the increase of employment in service sector has not impacted unionization rates in Canada.

Productivity improvements in manufacturing has had limited impact on unionization rates in Canada.

The GDP for manufacturing is expected to remain stable over the next several years.

The GDP for manufacturing in emerging economies such as China has been increasing:

Canadian unions face challenges in the future including globalization and government deficit reduction programs that are bound to reduce union density.

The amount of manufacturing produced per person has decreased in Canada.

A union response to globalization has been to ensure employment standards exist in emerging economies.

The processes that are currently part of the labour relations system, including grievance arbitration, could be viewed as being inherently adversarial.

Grievance mediation is viewed as being inherently adversarial.

There are environmental factors that pose a barrier to increased union-management collaboration.

Canadian union are in direct contact with local unions in other countries.

According to some studies, business leaders must balance the two priorities of profitability of the company and social responsibility.

Business and union leaders need to ensure that access to basic goods is available to all employees in a global environment in order to remain competitive.

Canadian unions have been supportive of governments’ retaliation with respect to issues such as steel tariffs.

Which of the following is the least likely to be affected by unionization: a. productivity b. profitability c. labour relations legislation d. managerial control e. compensation of non-union employees

Which of the following demographic groups have been increasing since 1981? a. Visible minorities b. Men c. Women older than 45 d. Aboriginals e. All of the above

The unionization rate for younger workers is negatively impacted by: a. Lack of awareness in unions b. Lack of interest in unions c. Perception by youth that they will not represent them d. a&c e. a,b,&c

With respect to recruiting younger workers unions have: a. Created a buddy system to bring younger people to meetings b. Developed social media techniques to attract younger people c. Maintained historical methods due to past success d. Been more focused on diversity e. a&b

With respect to unionization rates: a. Men’s rate has increased and the Women’s rate has increased b. Men’s rate has increased and the Women’s rate has decreased c. Men’s rate has decreased and the Women’s rate has increased d. Men’s rate has decreased and the Women’s rate has decreased e. Men’s rate have been stable and the Women’s rate has increased3

According to the CLC the barriers facing economic justice for women are: a. Employment equity b. Pay equity c. Sexual harassment d. Child care crisis e. b,c&d

With respect to diversity, the unions approach has been: a. focused on how diversity improves innovation b. a social justice issue c. focused on pay equity d. relies on legislation to enforce e. ensuring union representation reflects the demographic of it members

What percentage of the GDP does manufacturing represent? a. 10% b. 20% c. 30% d. 40% e. 50%

The reason(s) for the decline of the GDP rate for manufacturing include: a. Offshore of production b. Business closures c. Reduction of demand by consumers d. Productivity improvements by manufacturers e. a&d

According to a study by the Harvard Business Review, future leaders will need to: a. develop technological advancement to improve efficiency b. implement a global manufacturing footprint c. ensure access to basic goods d. develop a social business mindset e. ensure a centralized global control of the organization

Barrier(s) to collaboration between unions and employers include: a. Trust b. Companies continue to reduce the workforce c. Legal environment d. Different vision and values e. All of the above

Barrier(s) to unions supporting employers who adopt cooperative programs with employees include: a. Trust of management’s agenda b. Unions opinion that it is a method to reduce the workforce c. Unions not being concerned about profitability of the employer d. Lack of support by supervisors for cooperative programs e. a, b, & d

The increase of the unionization rate for women over the age of 45 is: a. More women of this age are entering the workforce b. Reduction a males entering the workforce c. Employment equity legislation d. Pay equity legislation e. an increase in employment levels in the service industries

Which of the following are values shared by younger workers? a. Work life balance, pay equity, globalization b. Improve diversity in CEO positions, secure employment, pay equity c. Secure employment, pay equity, involvement in social issues d. Work life balance, business support for social problems, accepting more refugees e. Improved diversity, employment equity, pay equity

According to a national census, what percentage of the workforce will be visible minority by 2036: a. 10% b. 20% c. 30% d. 40% e. 50%

What two forces are negatively affecting the GDP for the manufacturing sector? a. Increase of unionization and offshoring b. Off shoring and tariffs c. Offshoring and productivity gains d. Productivity gains and tariffs e. Tariffs and increase in unionization

An employer has undertaken an employee involvement program without the participation of the union. The employer is seeking ways to redesign compensation so that it is more effective. Which of the following is correct: a. The program is permissible. b. The program is permissible provided that a majority of the employees approve. c. The program is permissible provided that it complies with the management rights article in the collective agreement. d. The program violates the bargaining rights of the union. e. The program is permissible; however, the union could lawfully encourage employees to boycott the effort.

Which of the following is NOT an union strategy for globalization. a. Maintenance of growth of International Agreements b. Negotiate labour standards agreements between international union federation and large corporations c. Partnerships between international unions a locally-based unions d. Global improvements in labour practices e. Protests with respect to trade agreements

Employee involvement programs: a. have universally increased productivity b. are difficult to establish, but easy to maintain c. have lead to small increases in employee satisfaction d. a, b, and c e. b and c

Which of the following is not a barrier to increasing employee involvement: a. a lack of trust of management by the union b. an adversarial relationship between the parties c. labour relations legislation d. the inability of employees to be involved and remain loyal to the union e. attitudes and beliefs of unions and employers

Which of the following are not opportunities for business leaders in the global world? a. Support entrepreneurial growth b. Invest in human capital c. Broaden access to basic goods d. Support freer trade between nations e. Develop a social business mind set

A study conducted by Terry Wagar found that: a. union and employer leaders agree that people are an organization’s most important asset b. a small percentage of union leaders felt that management viewed co-operative programs as a way to reduce union influence c. a small percentage of union officials felt that the interests of the union and employer are in conflict d. a majority of union officials did not think that employers support bargaining unit members who tried new approaches e. union leaders perceived extensive support from management for co-operative programs

Final Exam (ch. 7-12) Flashcards

(420 cards)