Deck 8: Negotiation of the Collective Agreement

Question 1

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

Answer 1

False

Question 2

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.

Answer 2

True

Question 3

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

Answer 3

False

Question 4

The phrase "industry bargaining" refers to a decentralized bargaining structure.

Question 5

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

Question 6

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

Question 7

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.

Question 8

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

Question 9

Bargaining structure could affect the bargaining power of the union or the employer.

Question 10

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

Question 11

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

Question 12

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

Question 13

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

Question 14

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

Question 15

Bargaining structure in Canada is generally decentralized.

Question 16

The most hostile union-management relationship is one of collusion.

Question 17

The negotiation of a collective agreement is more complex than other business negotiations.

Question 18

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.

Question 19

Distributive bargaining is the basis for interest-based or mutual gains bargaining.

Question 20

Whipsawing is a negotiation problem associated with centralized bargaining.

Question 21

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

Question 22

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

Question 23

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

Question 24

Interest-based bargaining has been widely adopted in Canada.

Question 25

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

Question 26

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

Question 27

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

Question 28

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

Question 29

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

Question 30

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

Question 31

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

Question 32

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

Question 33

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

Question 34

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.

Question 35

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

Question 36

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

Question 37

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

Question 38

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

Question 39

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

Question 40

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

Question 41

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

Question 42

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

Question 43

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

Question 44

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

Question 45

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.

Question 46

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

Question 47

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

Question 48

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

Question 49

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

Question 50

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

Question 51

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

Question 52

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

Question 53

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

Question 54

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

Question 55

An employer is preparing to negotiate the renewal of a collective agreement. Which of the 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

Question 56

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

Question 57

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

Question 58

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

Question 59

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

Question 60

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

Question 61

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) b and c

Question 62

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) b and c

Question 63

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

Question 64

Your employer has assigned you to the company bargaining team and you will be meeting with the union negotiating team shortly. You have been asked about the duty to bargain in good faith. Explain this duty and make four recommendations to ensure that the employer meets its obligation to bargain in good faith.

Question 65

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.

Question 66

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) b and c

Question 67

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

Question 68

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.

Question 69

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.

Question 70

Explain the difference between centralized and decentralized bargaining and provide an illustration for each one.

Question 71

Describe the factors affecting the union-management relationship.

Question 72

Which 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

Question 73

Explain the meaning and significance of bargaining structure.

Question 74

Describe the sub-processes in negotiations identified by Walton and McKersie.

Question 75

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

Question 76

Describe four "hardball tactics" that could be used in contract negotiation.

Question 77

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

Question 78

You have been assigned to an employer team that is preparing to negotiate the renewal of a collective agreement that will expire in six months. Describe the factors that the employer should consider when preparing for negotiations.

Question 79

You are on a union team that is preparing to negotiate the renewal of a collective agreement that will expire in six months. Describe the factors that the union should consider when preparing for negotiations.

Question 80

Describe the nature and significance of first contract arbitration.