Question 1

Once a union is certified,all labour legislation statutes,regardless of jurisdiction,require both union and management to

Accepted Answer

Once a union is certified, both the union and management are required to bargain in good faith. This means that they must enter into negotiations with an open mind, make reasonable efforts to reach an agreement, and not engage in any bad faith bargaining practices. This requirement is enshrined in labor legislation statutes across various jurisdictions.

Question 2

The collective bargaining process can involve any (or all)of the stages below except

Accepted Answer

Regular certification is not a stage in the collective bargaining process. The other options listed are all common stages involved in collective bargaining.

Question 3

All jurisdictions require a collective agreement to include a provision for final settlement by a(n)_________ of all differences concerning the interpretation or administration of a contract,without stoppage of work.

Accepted Answer

All jurisdictions require a provision for final settlement by an arbitrator in collective agreements. Mediators and conciliators can assist in resolving disputes, but the final decision is made by an arbitrator. Facilitators and operators are not commonly used in this context.

Question 4

The labour negotiating process whereby disputing parties voluntarily choose to reconcile their differences through a third party is called

Accepted Answer

Mediation is the process where a neutral third party helps disputing parties to come up with a mutually acceptable solution. It is a voluntary process where parties can express their grievances and interests without being bound by the mediator's decision. The mediator's role is to facilitate the discussion between the parties and suggest alternatives to resolve the dispute, but does not have the authority to impose a solution.

Question 5

According to the residual rights theory of management

Accepted Answer

The residual rights theory of management states that employers have authority over all issues not explicitly contained in the collective agreement. This includes decisions regarding the running of the business such as deciding on the company's goals, determining production processes, setting performance standards, and creating compensation packages. The theory assumes that employers have invested in the business and therefore have a legitimate stake in its success.

Question 6

Unfair labour practices by management can include all the below except

Accepted Answer

Facilitating a union drive by providing resources is not considered an unfair labor practice; it can be seen as supportive rather than coercive or interfering.

Question 7

Most labour-management specialists argue that in the case of a grievance

Accepted Answer

Most labour-management specialists argue that management should attempt to seek a resolution to the grievance before the arbitration stage. This is because arbitration can be time-consuming, expensive and can damage the relationship between employees and management. It is better to try and resolve the issue through negotiation and compromise before resorting to arbitration.

Question 8

When negotiations break down between management and the union

Accepted Answer

When negotiations break down between management and the union, all jurisdictions provide for conciliation and mediation services. Conciliation and mediation are mandatory in many jurisdictions before a strike can legally occur. These services bring in a neutral third party to assist the parties in reaching a mutually satisfactory agreement. In some cases, if conciliation and mediation do not work, arbitration may be used as the final step in the bargaining process.

Question 9

Despite its being required in contract disagreements,arbitration holds some potential problems for labour relations practitioners,including

Accepted Answer

The answer of Despite its being required in contract disagreements,arbitration...

Question 10

Job seekers cannot get a job with a certain organization because they are not members of the union that represents the workers at that company,and they must belong to the union to be hired there.This is an example of a

Accepted Answer

In a closed shop, only union members can be employed. This means that job seekers who are not members of the union that represents the workers at the company cannot be hired there. This is a form of union security agreement, where the employer agrees to only hire union members. As per the National Labor Relations Act, closed shops are illegal in the United States, but they are still legal in some other countries.

Question 11

Management should consider several issues when resolving grievances except

Accepted Answer

All employees involved in the grievance, not just union members, should be questioned during the investigation.

Question 12

A more cooperative and less conflict-oriented and adversarial approach to collective bargaining is a process called

Accepted Answer

Mutual gains bargaining involves both management and labor working collaboratively to identify common interests and find ways to achieve mutual gains, rather than taking an adversarial approach. This approach can lead to more productive and positive outcomes for both parties.

Question 13

Typically,the final step in the union-management grievance procedure is

Accepted Answer

The final step in the union-management grievance procedure is usually arbitration, where a neutral third party hears both sides of the argument and makes a decision. This is often written into union contracts as a way of resolving disputes that cannot be resolved through negotiations or discussions. Option A is not always applicable, depending on the organization structure, and Option C is typically an earlier stage in the grievance process. Option D is an initial step in the grievance process, and Option E is not a resolution but a potential consequence of unsuccessful grievance resolution.

Question 14

Union security comes in various forms including all of the following except

Accepted Answer

Employer shop is not a form of union security. The other choices are all common forms of union security.

Question 15

Unfair labour practices by unions can include all the following except

Accepted Answer

Seeking to compel an employer to bargain collectively with the union when the union is the certified bargaining agent is not considered an unfair labor practice, as it is within the rights of a certified union to engage in collective bargaining.

Question 16

A formal procedure for resolving disputes if the parties have a disagreement regarding the interpretation of a collective agreement is called a

Accepted Answer

A grievance procedure is a formal process for resolving disputes that arise between management and employees over the interpretation or application of a collective agreement. It typically involves a series of steps, such as written complaints, meetings with management, and arbitration, aimed at reaching a satisfactory resolution.

Question 17

___________ provide management with the freedom to operate the business subject to any terms in the collective agreement.

Accepted Answer

Management rights refer to the rights given to management in the collective agreement that allows them to operate the business without interference from employee unions, subject to any terms in the collective agreement. Employer rights, contract rights, employee rights, and bargained rights also have a role in collective bargaining but do not specifically provide the freedom to operate the business as management rights do.

Question 18

Rhonda has a philosophical objection to joining a trade union,and where she works she is allowed not to join the union,yet she is required to pay full union dues.This is an example of a

Accepted Answer

This is an example of the dues checkoff or Rand Formula, where all workers in the bargaining unit are required to pay union dues, regardless of their membership status. This is meant to ensure that everyone who benefits from union representation contributes to the cost of negotiating and enforcing the collective agreement. Rhonda's objection to the philosophical aspect of union membership does not exempt her from paying dues since she still benefits from the union's representation of her workplace.

Question 19

Unions may obtain legal recognition or bargaining rights by

Accepted Answer

Unions can obtain legal recognition or bargaining rights if the employer engages in unfair labor practices. This can include things like intimidating or threatening employees who are trying to organize, interfering with union activities, or discriminating against union members. If the labor board finds that an employer has engaged in unfair labor practices, they may grant automatic certification to the union without requiring a formal vote among employees.

Question 20

Bob hires on with a unionized company and four weeks later receives notice that he must now join the union representing the bargaining unit that he is in.This is an example of a

Accepted Answer

This scenario represents a union shop, where all employees are required to join the union after a certain period of employment. In a closed shop, employees must join the union before they are even hired, while in an open shop, joining the union is completely voluntary. A dues checkoff shop simply means that the employer deducts union dues from employees' paychecks and sends them directly to the union. There is no such thing as a single shop.

Quiz 13: The Unionmanagement Framework