Industrial Relations in Canada 3rd Edition By Robert Hebdon – Test Bank

Industrial Relations in Canada 3rd Edition By Robert Hebdon – Test Bank

Strikes and grievances are the most common forms of conflict found in labour–management relations.
a. True
b. False
ANSWER: True
2. A union member may take an issue to arbitration even if the union does not agree that it is warranted.
a. True
b. False
ANSWER: True
3. Arbitration is a final and binding process where management resolves the dispute.
a. True
b. False
ANSWER: False
4. Brown and Beatty is a source that presents trends in arbitration and references specific arbitration rulings.
a. True
b. False
ANSWER: True
5. In arbitration, the decision is based on issue of proof.
a. True
b. False
ANSWER: False
6. If management can demonstrate all elements of culpability, the employee is considered nonculpable.
a. True
b. False
ANSWER: False
7. Mitigation factors are argued by the union as a way to reduce or remove the sanction imposed by management.
a. True
b. False
ANSWER: True
8. A union can argue that the sanction imposed presents severe economic hardship, and thus the sanction should be
reduced.
a. True
b. False
ANSWER: True
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Chapter 10 — Third-Party Dispute Resolution Procedures
9. “Grievance upheld” means that management’s position is supported and no changes are awarded.
a. True
b. False
ANSWER: False
10. Canadian labour relations laws are largely dissimilar in content but have subtle differences between them.
a. True
b. False
ANSWER: False
11. Conventional Tripartite Arbitration panel is a common method used for rights arbitration.
a. True
b. False
ANSWER: True
12. Sole Arbitration is often used in conjunction with expedited arbitration.
a. True
b. False
ANSWER: True
13. The arbitration process is becoming increasingly legalistic.
a. True
b. False
ANSWER: True
14. Interest arbitration is used as an alternative to strikes when parties are permitted to strike or lockout.
a. True
b. False
ANSWER: False
15. The Canadian Human Rights Commission defines alternate dispute resolution as “resolving disputes in ways other
than going to court, including arbitration, mediation, negotiation, conciliation, etc.”
a. True
b. False
ANSWER: True
16. While ADR is core to the unionized employment relationship, it also exists in nonunion workplaces.
a. True
b. False
ANSWER: True
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Chapter 10 — Third-Party Dispute Resolution Procedures
17. What are the most common forms of conflict found in labour–management relations?
a. strikes and grievances
b. grievances and lockouts
c. strikes and arbitration
d. lockouts and ADR
ANSWER: a
18. According to the textbook, what can be concluded about the Walmart Black Friday protests?
a. The protests occurred in a unionized company.
b. The protests were illegal.
c. The protests were not a traditional work stoppage.
d. The protests where sanctioned by Walmart.
ANSWER: c
19. Which of the following is an often used external resource for grievance arbitration?
a. Ministry of Labour Relations
b. Grievance Notebook
c. ADR
d. Brown and Beatty
ANSWER: d
20. What are the two forms of arbitration processes?
a. rights and interests
b. interests and conciliation
c. rights and conciliation
d. arbitration and mediation
ANSWER: a
21. How is the term “jurisprudence” best explained?
a. past decisions based on negotiation
b. past decisions based on mediation
c. past decisions based on final offer arbitration
d. past decisions usually based on legal context
ANSWER: d
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Chapter 10 — Third-Party Dispute Resolution Procedures
22. Which statement best explains the term “Prima Facie Case”?
a. The union will need to establish that the collective agreement was in place, the grievor was employed and
covered by that collective agreement, and disciplined.
b. The union will need to establish that the grievor was employed and covered by the collective ag reement, and
disciplined.
c. The union will need to establish that the collective agreement was in place and the grievor was employed.
d. The union will need to establish that the collective agreement was in place and the grievor was employed and
disciplined.
ANSWER: a
23. During arbitration, what is the purpose of mitigation factors?
a. Mitigation factors are used as a way to increase the sanction.
b. Mitigation factors are used as a way to impose the sanction.
c. Mitigation factors are used as a way to reduce or remove the sanction.
d. Mitigation factors are used as a way to modify the terms of the sanction.
ANSWER: c
24. If there is evidence that the grievor’s actions were “spur of the moment” and not premeditated (i.e., planned in
advance), which reasoning can the union use to argue for a reduction in sanction?
a. isolated event
b. hardship
c. premeditation
d. lack of understanding
ANSWER: c
25. If the employee was one year away from qualifying for his pension, the union might argue that discharge can pose
extreme suffering. Which concept can be applied to this situation?
a. isolated event
b. premeditation
c. provocation
d. economic hardship
ANSWER: d
26. What does “grievance denied” mean in an arbitration ruling?
a. Management’s position is not supported and no changes are awarded.
b. Management’s position is supported and no changes are awarded.
c. Management’s position is not supported and changes are awarded.
d. Management’s position is supported and changes are awarded.
ANSWER: b
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Chapter 10 — Third-Party Dispute Resolution Procedures
27. What does “grievance upheld” mean in an arbitration ruling?
a. Management’s position was not supported.
b. The union’s position was not supported.
c. The union’s position was partially supported.
d. Management’s position was supported.
ANSWER: a
28. According to the textbook, managers need to watch their ABCD’s with regard to employee discharge. What are the
ABCD’s?
a. Always Be Consistent and Document
b. Always Be Consistent and Decide
c. Always Be Communicating and Documenting
d. Always Be Connecting and Documenting
ANSWER: a
29. Which term refers to a three-person arbitration panel that is a common method used for rights arbitration?
a. conventional tripartite ADR
b. conventional tripartite bargaining
c. conventional tripartite arbitration
d. conventional tripartite mediation
ANSWER: c
30. Which of the following is a final, binding third-party process used when there has been a violation of a collective
agreement?
a. interest arbitration
b. rights arbitration
c. public-sector arbitration
d. third-party arbitration
ANSWER: b
31. Management demonstrates that an employee was aware of job requirements, was capable of performing these
requirements, and chose to do otherwise. What does this prove?
a. employee is culpable
b. mitigating factors exist
c. violation of the collective agreement
d. alleged event took place