Question 1

What information would not usually be included in a written grievance at step two?
A) The time of the alleged violation
B) The dates of availability for the hearing
C) The requested remedy
D) Names of witnesses

Accepted Answer

The dates of availability for the hearing would typically be discussed with the hearing officer or scheduling department, and would not be included in the written grievance itself. The other options (A, C, D) could all potentially be included in a written grievance at step two.

Question 2

Who generally pays the fees of a grievance arbitrator?
A) The party that initiated the grievance
B) Each party pays ½ of the arbitrator's fees
C) The party that selected the arbitrator
D) The employer

Accepted Answer

Typically, the fees of a grievance arbitrator are split equally between the two parties involved in the grievance. This approach ensures that the cost of arbitration does not deter either party from seeking a fair resolution to the dispute.

Question 3

What is the term used to describe a grievance filed by the union on behalf of all employees?
A) Group grievance
B) Union grievance
C) Policy grievance
D) Comprehensive grievance

Accepted Answer

A policy grievance is filed by the union on behalf of all employees when the issue affects the entire workforce or a significant group of employees, typically concerning the interpretation or application of a collective agreement.

Question 4

Which is the only step in the grievance procedure where the individual grievor has control of the disposition of the grievance?
A) The third step
B) The second step
C) The first step
D) The grievor does not control the disposition of the grievance

Accepted Answer

In the first step of the grievance procedure, the individual grievor has the opportunity to present their grievance to their immediate supervisor or manager. They have control over the content and presentation of their grievance and can choose whether or not to pursue the issue further in subsequent steps. In the later steps of the procedure, the disposition of the grievance is not solely in the hands of the individual grievor, as it may involve arbitration or decisions from higher levels of management.

Question 5

Which of the following would typically be classified as an individual grievance?
A) A dispute over the seniority provisions of the agreement
B) A dispute over a disciplinary sanction given to an employee
C) A dispute over the contracting-out provisions of the agreement
D) A dispute over the union security clause

Accepted Answer

An individual grievance is a dispute between an individual employee and their employer, typically related to their employment relationship. A dispute over a disciplinary sanction given to an employee would fall under this category, while disputes over seniority, contracting-out provisions, and union security clauses would generally be considered collective grievances, affecting multiple employees and potentially involving the union as a party to the grievance.

Question 6

When a labour board determines that a union has failed in its duty of fair representation in regards to a grievance, which of the following is a possible remedy?
A) Award the grievor the remedy sought in the original grievance
B) Order a resubmission of the grievance
C) Order that the grievance be submitted to arbitration
D) All of the above

Accepted Answer

The answer of When a labour board determines that a...

Question 7

Which of the following is not one of the advantages of expedited arbitration?
A) It is faster
B) It is less expensive
C) It makes effective use of precedents
D) Awards are less legalistic

Accepted Answer

The use of precedents is not a specific advantage of expedited arbitration. While expedited arbitration may still consider precedents, it is not a defining characteristic of the process. The other options, such as speed, cost-effectiveness, and less legalistic awards, are advantages commonly associated with expedited arbitration.

Question 8

Who usually handles the third step of the grievance procedure for each party?
A) The union business agent and intermediate members of management
B) The union business agent and senior management representatives
C) The union steward and intermediate members of management
D) The union steward and senior management representatives

Accepted Answer

The third step of the grievance procedure typically involves higher levels of representation from both sides. This means the union business agent, who has more authority and experience than a steward, represents the union, while senior management representatives, who have the authority to make more significant decisions, represent the employer. This setup ensures that both parties have the necessary decision-making power to resolve the grievance.

Question 9

Bearing in mind a union's duty of fair representation, which of the following is an option in the disposition of a grievance?
A) Settle the grievance
B) Withdraw the grievance
C) Proceed to arbitration
D) All of the above

Accepted Answer

As per the duty of fair representation, the union must represent all members equally and without discrimination. Therefore, settling the grievance, withdrawing the grievance, or proceeding to arbitration are all valid options for the union to dispose of a grievance. The best choice(s) will depend on the specific circumstances of the grievance and the interests of the union and its members.

Question 10

What is a grievance?
A) A disagreement about the interpretation, application or administration of the collective agreement
B) Any violation during the negotiation process of the collective agreement that is not resolved
C) A direct complaint arising from the employee and employment relationship in the workplace
D) All of the above

Accepted Answer

The answer of What is a grievance?
A) A disagreement about...

Question 11

Since the grievance mediation process has many positive characteristics. Why is it not used more often?
A) It is too costly
B) The parties may not be happy with the choice of mediator
C) The parties do not, as a rule, encourage third-party involvement in the pre- arbitration phase of the grievance procedure
D) Parties must work towards a mutual solution with little regard for winning or losing

Accepted Answer

The answer of Since the grievance mediation process has many...

Question 12

Once the preliminary issues are concluded, what happens next in a hearing?
A) Each party has a right to make an opening statement
B) The cross-examining party has the right to re-examine witnesses
C) The arbitrator is not permitted to ask questions of the witnesses
D) Parties can identify certain witnesses that will not be eligible for cross- examination

Accepted Answer

After the preliminary issues are concluded in a hearing, each party typically has the right to make an opening statement to set out their case and provide an overview of the evidence they will present.

Question 13

Which party bears the procedural onus in arbitrations dealing with discipline or discharge of an employee?
A) The union
B) The employer
C) The party that received the grievance
D) The party that initiated the grievance

Accepted Answer

In arbitrations dealing with discipline or discharge of an employee, the employer has the procedural onus. This means that the burden of proof is on the employer to demonstrate that the discipline or discharge was justified and in accordance with the collective bargaining agreement.

Question 14

What level of the union hierarchy sometimes assists employees in presenting and preparing their grievances during the first step?
A) The union president
B) The national representative
C) The shop steward
D) The union delegate

Accepted Answer

The shop steward is typically the first level of the union hierarchy that employees interact with, and they often assist in presenting and preparing grievances during the first step. The union president, national representative, and union delegate may become involved at later stages depending on the severity of the grievance.

Question 15

If the grievor alleging a violation of the agreement does not file the grievance according to the timelines in the collective agreement, what may happen?
A) The grievance moves immediately to the last step in the process
B) The shop steward loses his/ her position in the union
C) The union executive gets to determine if the grievance proceeds
D) The employer may dismiss the grievance on the basis of past practice

Accepted Answer

Failure to file a grievance within the specified timelines could result in the employer invoking the principle of "past practice," which is a precedent established by the union's failure to file a grievance in a timely manner in the past, and rejecting the current grievance.

Question 16

Which of the following is not
A) It can lead to a more timely settlement
B) It encourages a non-adversarial approach
C) It encourages the use of lawyers
D) It is an informal process

Accepted Answer

The other options all describe characteristics of alternative dispute resolution (ADR), such as mediation or arbitration. However, ADR does not necessarily require the use of lawyers, and many processes can take place without legal representation.

Question 17

Which party is responsible for the initial selection of single arbitrator?
A) It is a mutual agreement of union and management
B) Management
C) The union
D) The labour board

Accepted Answer

The initial selection of a single arbitrator is generally a mutual agreement between the union and management. This is because both parties want a neutral third party who can provide a fair decision in the dispute. However, if they are unable to come to an agreement, the labour board may appoint an arbitrator. But in most cases, the initial selection is a mutual decision.

Question 18

Which party generally bears the responsibility of proof or procedural onus in arbitration hearings?
A) Management
B) The union
C) The party that initiated the grievance
D) The party that received the grievance

Accepted Answer

In most arbitration hearings, the party that initiated the grievance (usually the union) bears the responsibility of proof or procedural onus. It is their burden to prove that a contract violation has occurred and that their case is justified. However, this can vary depending on the specific circumstances of the dispute and the terms of the collective bargaining agreement.

Question 19

Which of the following would generally be included in a party's closing argument in an arbitration hearing?
A) A statement of the issues
B) A summary of the evidence of its witnesses and how the evidence supports its case
C) Reference to other arbitration decisions which support their case
D) All of the above

Accepted Answer

A party's closing argument in an arbitration hearing generally includes all of the above - a statement of the issues, a summary of the evidence of its witnesses and how the evidence supports its case, and reference to other arbitration decisions which support their case. These elements help to summarize the party's position and persuade the arbitrator to rule in their favor.

Question 20

Which of the following is not a factor that contributes to delays in the arbitration process?
A) The difficulty of scheduling meeting rooms
B) The fact that there is a limited number of well-known arbitrators and they are quite busy
C) The difficulty of finding dates convenient for all participants
D) The time required to write the arbitration award

Accepted Answer

While scheduling meeting rooms may be a minor inconvenience, it is not a major factor that contributes to delays in the arbitration process. The limited availability of well-known arbitrators, difficulty in finding convenient dates for all participants, and the time required to write the arbitration award are all significant factors that can cause delays in the arbitration process.

Quiz 11: The Grievance Arbitration Process

What information would not usually be included in a written grievance at step two?

Who generally pays the fees of a grievance arbitrator?

What is the term used to describe a grievance filed by the union on behalf of all employees?

Which is the only step in the grievance procedure where the individual grievor has control of the disposition of the grievance?

Which of the following would typically be classified as an individual grievance?

When a labour board determines that a union has failed in its duty of fair representation in regards to a grievance, which of the following is a possible remedy?

Which of the following is not one of the advantages of expedited arbitration?

Who usually handles the third step of the grievance procedure for each party?

Bearing in mind a union's duty of fair representation, which of the following is an option in the disposition of a grievance?

What is a grievance?

Since the grievance mediation process has many positive characteristics. Why is it not used more often?

Once the preliminary issues are concluded, what happens next in a hearing?

Which party bears the procedural onus in arbitrations dealing with discipline or discharge of an employee?

What level of the union hierarchy sometimes assists employees in presenting and preparing their grievances during the first step?

If the grievor alleging a violation of the agreement does not file the grievance according to the timelines in the collective agreement, what may happen?

Which of the following is not

Which party is responsible for the initial selection of single arbitrator?

Which party generally bears the responsibility of proof or procedural onus in arbitration hearings?

Which of the following would generally be included in a party's closing argument in an arbitration hearing?

Which of the following is not a factor that contributes to delays in the arbitration process?