What process do management and unions use to resolve disputes concerning the collective agreement, instead of the court system?
The grievance and arbitration process.
What are the three primary functions of the grievance and arbitration process?
Dispute settlement, enforcement of the collective agreement, and providing an opportunity for additional bargaining.
What is the main benefit for both employers and employees of resolving disputes without a work stoppage?
Employers maintain productivity and employees do not lose their compensation.
How can the grievance procedure improve the quality of managerial decisions?
It may improve the quality and consistency of decision-making by managers.
How might a union use the grievance procedure as a pressure tactic before contract negotiations?
By filing a large number of grievances against management.
Term: Grievance rate.
Definition: The number of grievances filed divided by the number of employees in the bargaining unit.
In the context of a grievance, what does the term ‘ownership’ refer to?
It refers to who decides whether a grievance is filed, settled, withdrawn, or referred to arbitration.
In most cases, who has ownership of a grievance?
The union, not the individual employee.
Term: Privileged communications.
Definition: Discussions that cannot be referred to at an arbitration hearing.
What is the purpose of marking a document ‘without prejudice’?
It identifies the document as something that cannot be referred to at a subsequent arbitration hearing.
Term: Waiver.
Definition: A legal concept meaning that if a party does not object to a procedural error, it cannot raise the issue later.
Failing to object when a party misses a mandatory time limit is an example of a _____
waiver.
What is a ‘memorandum of settlement’?
A document that sets out the terms of an agreement to resolve a grievance.
What does the term ‘without precedent’ mean in a settlement agreement?
It means the basis for the settlement cannot be referred to in any subsequent proceedings.
Describe the nature of arbitration in a labour relations context.
It is an adversarial process where management and union representatives present evidence to an arbitrator.
What is the key difference between rights arbitration and interest arbitration?
Rights arbitration deals with disputes under an existing agreement, while interest arbitration determines the terms of a new agreement.
Term: Rights arbitration.
Definition: The process of resolving a dispute related to the interpretation, application, or administration of a collective agreement.
Term: Interest arbitration.
Definition: The process for determining the terms of a collective agreement.
If the union and management cannot agree on the selection of an arbitrator, what happens?
A labour relations board will appoint one.
What is an ‘agreed statement of facts’ in an arbitration hearing?
It is a document that sets out the matters that the parties have agreed upon before the hearing begins.
In an arbitration hearing, what does the ‘burden of proof’ refer to?
It refers to which party must prove the facts that are in dispute.
The legal burden of responsibility to prove a presented case at arbitration is known as the ____.
onus.
What is an ‘argument in the alternative’?
It is a secondary argument a party makes in case its primary argument is not accepted by the arbitrator.
What is the status of previous arbitration decisions in later hearings?
They are influential but do not establish binding precedents.
