According to the presentation, what allows management to take disciplinary action against employees in a unionised environment?
Management rights language within the collective agreement permits disciplinary actions.
What is the term for the disciplinary principle where an employer imposes a lesser penalty for a first offence and increasingly severe penalties for subsequent misconduct?
Progressive discipline.
What is typically the first step in a progressive discipline process?
A verbal warning.
Following a verbal warning, what is the second step in a typical progressive discipline model?
A written warning.
If misconduct continues after verbal and written warnings, what is the third step in progressive discipline?
Suspension.
What is the final and most severe step in the process of progressive discipline?
Dismissal.
What could happen if an employer imposes discipline without following the procedural requirements of the collective agreement?
The discipline can be reversed.
In a disciplinary hearing, which party has the onus of proving that misconduct by the employee occurred?
The employer has the onus of proof.
What type of agreement stipulates that an employee guilty of misconduct will be retained or reinstated subject to specific conditions being met?
A Last Chance Agreement.
A Last Chance Agreement provides that an employee will be discharged if the _____ has been breached.
agreement
Define ‘culpable absenteeism’.
It is absenteeism in which the employee is at fault or there is blameworthy conduct.
Define ‘innocent absenteeism’.
It is absenteeism where the employee has no control over their absence from work.
What is the union’s ‘duty of fair representation’?
It is a duty that prohibits the union from acting in a manner that is arbitrary, discriminatory, or in bad faith.
The union’s duty of fair representation applies to all members of the bargaining unit, regardless of whether they are _____.
union members
A union must not act in a manner that is arbitrary, _____, or in bad faith towards its members.
discriminatory
A union must not act in a manner that is _____, discriminatory, or in bad faith towards its members.
arbitrary
A union must not act in a manner that is arbitrary, discriminatory, or in _____ towards its members.
bad faith
As a remedy for a breach of fair representation, what can a Labour Relations Board direct a union to do with a grievance, even if time limits have passed?
It can direct the union to take the grievance to arbitration and require the employer to proceed.
To remedy a breach of fair representation, what can a Labour Relations Board provide to an employee at the union’s expense for an arbitration hearing?
Independent legal counsel.
If a union breaches its duty of fair representation, what might the Labour Relations Board direct the union to pay to the affected employee?
Damages.
What is one of the possible orders a Labour Relations Board can issue to a union to remedy a breach of the duty of fair representation?
Direct the union to post a notice in the workplace confirming it will refrain from any future violations.
