Deck 10: Contract Dispute Resolution, Strikes, and Lockouts

Question 1

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.

Answer 1

False

Question 2

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

Answer 2

True

Question 3

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

Answer 3

True

Question 4

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

Question 5

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

Question 6

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

Question 7

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

Question 8

The narcotic effect is a potential problem in interest arbitration.

Question 9

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

Question 10

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

Question 11

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

Question 12

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

Question 13

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

Question 14

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

Question 15

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

Question 16

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

Question 17

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

Question 18

The conciliation process has advantages and disadvantages.

Question 19

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

Question 20

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.

Question 21

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) a and b

Question 22

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

Question 23

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

Question 24

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

Question 25

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, and c

Question 26

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.

Question 27

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.

Question 28

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

Question 29

In Canada work sto

Question 30

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

Question 31

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.

Question 32

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

Question 33

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

Question 34

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

Question 35

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.

Question 36

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

Question 37

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.

Question 38

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

Question 39

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.

Question 40

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

Question 41

Describe two potential advantages and two potential disadvantages of final offer selection.

Question 42

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.

Question 43

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

Question 44

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) c and d

Question 45

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.

Question 46

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) b and c

Question 47

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.

Question 48

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) b and c

Question 49

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

Question 50

Explain the nature of and the rationale behind final offer selection.

Question 51

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.

Question 52

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) a and d

Question 53

Explain two problems associated with interest arbitration.

Question 54

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.

Question 55

Discuss the following statement: "Strikes may be a cause for concern; however,strikes also serve legitimate purposes."

Question 56

Explain five factors that could affect the incidence of strikes.

Question 57

In the 1990s what percentage of collective agreements in the private sector were concluded after a strike?

A) 5 percent
B) 9 percent
C) 13 percent
D) 17 percent
E) 20 percent

Question 58

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

Question 59

Explain and differentiate between conciliation,mediation,and arbitration.

Question 60

Explain two potential advantages two potential disadvantages of conciliation.