Deck 7: The Collective Agreement

Question 1

The closed the shop is the most common form of union security.

Answer 1

False

Question 2

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

Answer 2

True

Question 3

All employee complaints could be the subject of a grievance.

Answer 3

False

Question 4

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.

Question 5

"Check off" means that union membership is mandatory.

Question 6

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

Question 7

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.

Question 8

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

Question 9

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

Question 10

Stewards are local union officials who assist employees with grievances.

Question 11

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

Question 12

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.

Question 13

Most policy grievances are filed by employers.

Question 14

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

Question 15

Collective agreements must comply with human rights, employment standards, and labour relations legislation.

Question 16

Recently the trend has been for collective agreements to have longer terms.

Question 17

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.

Question 18

A collective agreement can contain any terms the union and the employer agree on.

Question 19

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

Question 20

Collective agreement terms could have implications for the following: employers, employees, the union, and the public.

Question 21

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

Question 22

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

Question 23

The management rights article is a mandatory collective agreement term.

Question 24

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

Question 25

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

Question 26

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

Question 27

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.

Question 28

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

Question 29

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

Question 30

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.

Question 31

Labour relations legislation regulates the introduction of technological change in some jurisdictions.

Question 32

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

Question 33

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

Question 34

Most collective agreements contain a provision that prohibits contracting out.

Question 35

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.

Question 36

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

Question 37

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

Question 38

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.

Question 39

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

Question 40

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.

Question 41

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

Question 42

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

Question 43

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.

Question 44

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

Question 45

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.

Question 46

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)a or c

Question 47

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

Question 48

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.

Question 49

Which of the following is correct:

A)Unless the collective agreement provides otherwise, employers can assign work normally done by employees in the bargaining unit to employees outside of the bargaining unit.
B)Employers can assign work normally done by employees in the bargaining unit to the firm's employees outside of the bargaining unit unless the collective agreement restricts contracting out.
C)Supervisors cannot do work normally done by employees in the bargaining unit.
D)Employers can assign work normally done by employees in the bargaining unit to employees outside of the bargaining unit provided that this does not cause layoffs.
E)A collective agreement cannot impose any restrictions on bargaining unit work.

Question 50

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)a or c

Question 51

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.

Question 52

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.

Question 53

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.

Question 54

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

Question 55

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

Question 56

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

Question 57

Collective agreement terms affect:

A)unions and employees
B)employers
C)the public
D)a and b
E)a, b, and c

Question 58

Unions will seek a broad definition of technological change in the collective agreement.

Question 59

Employment standards legislation requires collective agreements to contain provisions for paid bereavement leave.

Question 60

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

Question 61

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

Question 62

Which 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

Question 63

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.

Question 64

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

Question 65

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.

Question 66

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)a and b

Question 67

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.

Question 68

A 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.

Question 69

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)a and b

Question 70

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.

Question 71

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

Question 72

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.

Question 73

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)a and c

Question 74

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.

Question 75

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

Question 76

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)a and c

Question 77

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.

Question 78

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)a and c

Question 79

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

Question 80

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