Question 1

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.

Accepted Answer

Grievance mediation focuses on facilitating a dialogue between the disputing parties to find a mutually acceptable solution, often leading to outcomes that can be more tailored and satisfactory to both sides than a decision imposed by an arbitrator.

Question 2

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.

Accepted Answer

If an employer has consistently provided a paid lunch for several years, it may be considered an implied term of employment or a customary practice, which cannot be unilaterally changed without negotiation or proper notice, even if it's not in the collective agreement.

Question 3

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.

Accepted Answer

The principle of estoppel can prevent the employer from denying the benefit due to the long-standing practice, and any significant changes like this should typically be negotiated with the union, making both A and D correct.

Question 4

Employers should pursue grievance mediation with all grievances.

Accepted Answer

Not all grievances are suitable for mediation. Some issues, such as those involving legal violations or non-negotiable company policies, may require formal investigation or disciplinary processes instead. Mediation is most effective when both parties are open to dialogue and compromise.

Question 5

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

Accepted Answer

The duty of fair representation requires a union to represent all members fairly, honestly, and in good faith, but it does not mandate taking all grievances to arbitration. The union must simply ensure that its decisions regarding which grievances to pursue are not arbitrary, discriminatory, or in bad faith.

Question 6

Which of the following is the least likely to lead to a grievance:

Accepted Answer

An employee's dissatisfaction with the terms of the collective agreement itself is less likely to lead to a grievance because grievances typically arise from perceived violations or misinterpretations of the existing agreement, not from dissatisfaction with the agreed-upon terms.

Question 7

The grievance and arbitration process could benefit which of the following:

Accepted Answer

The grievance and arbitration process is designed to resolve disputes in the workplace in a structured manner, benefiting employees by providing a mechanism to voice concerns, union leaders by offering a formal process to advocate for members, and employers by potentially resolving issues before they escalate, maintaining a productive work environment.

Question 8

Expedited arbitration is an alternative provided in some collective agreements.

Accepted Answer

Expedited arbitration is indeed an alternative dispute resolution mechanism provided in some collective agreements to resolve disputes more quickly and with less formality than traditional arbitration processes.

Question 9

Which of the following has the right to file a grievance:

Accepted Answer

Both the employer and the union have the right to file a grievance, especially in contexts where collective bargaining agreements are in place. This allows both parties to formally raise concerns or disputes that need to be addressed.

Question 10

The grievance rate is the number of grievances:

Accepted Answer

The grievance rate is calculated by dividing the number of grievances by the number of employees in the bargaining unit, providing a measure of how frequently grievances occur relative to the size of the workforce.

Question 11

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:

Accepted Answer

In most situations, the union has the authority to file a grievance and settle disputes on behalf of the employee without needing the employee's consent, as they represent the collective interests of the workforce.

Question 12

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

Accepted Answer

Collective agreements typically specify the number of steps in the grievance and arbitration process as agreed upon by the parties involved, rather than being dictated by legislation.

Question 13

The collective agreement provides that if a dispute between the parties cannot be settled the issue is referred to:

Accepted Answer

The answer of The collective agreement provides that if a...

Question 14

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:

Accepted Answer

The use of "without prejudice" in the employer's offer to settle means that the offer is made in the context of attempting to resolve the dispute out of court (or arbitration in this case) and cannot be used as evidence or referred to during the arbitration hearing. This is to encourage parties to negotiate and settle disputes without fear that their offers will be used against them later.

Question 15

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

Accepted Answer

While job interviews are an important component of the selection process, they are not the only method used to assess a candidate's skills and abilities. Other methods such as reference checks, skill assessments, and educational qualifications also play a significant role in evaluating a candidate's suitability for a position.

Question 16

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

Accepted Answer

Employees have a responsibility to cooperate in the accommodation process, including providing relevant information about their accommodation needs and working with their employer to identify possible accommodation solutions.

Question 17

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.

Accepted Answer

The answer of An employer has adopted a practice of...

Question 18

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:

Accepted Answer

Employees should work the overtime and file a grievance because it allows them to address the violation of the collective agreement through the proper channels without breaching their employment obligations.

Question 19

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

Accepted Answer

Management rights allow employers to make decisions regarding the operation of their business, but implementing new policies affecting employees typically requires notice and sometimes negotiation, especially if employees are unionized.

Question 20

Which of the following is correct regarding the grievance and arbitration process:

Accepted Answer

The relationship between the union and the employer indeed affects the grievance rate, as a positive relationship can lead to fewer grievances due to better communication and problem-solving, while a negative relationship can result in more grievances.

Quiz 10: Administration of the Collective Agreement