Chapter 10

Question 1

1. Jurisprudence

Answer 1

Past decisions (usually in a legal context)

Question 2

2. Prima Facie Case

Answer 2

Union establishes, at arbitration, that the collective agreement was in place and that the griever was employed, covered by that agreement, and disciplined (and that the grievance was filed on time).

Question 3

3. Culpable

Answer 3

At fault, guilty.

Question 4

4. Mitigation Factors

Answer 4

Factors argued by the union for a reduction in a sanction

Question 5

5. Interest Arbitration:

Answer 5

An arbitration that determines terms and conditions of the collective agreement while it’s being negotiated

Question 6

6. Conventional Interest Arbitration

Answer 6

Interest arbitration where the arbitrator can choose among the proposals or fashion one of his or her own.

Question 7

7. Final-offer Arbitration

Answer 7

Interest arbitration in which the arbitrator must choose one of the parties’ proposals.

Question 8

8. First Agreement (or First Contract) Arbitration

Answer 8

Arbitration that determines the first collective agreement.

Question 9

9. Alternative Dispute Resolution (ADR):

Answer 9

Resolving disputes without going to court

Question 10

10. Grievance Mediation

Answer 10

A voluntary nonbinding process whereby a neutral third party examines the grievance.