Question 1

Larger bargaining units are more likely to be involved in strikes.

Accepted Answer

Larger bargaining units often have more resources and a greater ability to mobilize members, which can lead to a higher likelihood of engaging in strikes as a negotiation tactic.

Question 2

In the private sector direct bargaining between the union and employer has resulted in a collective agreement in approximately half of negotiations.

Accepted Answer

Historically, in the private sector, direct bargaining between unions and employers often results in a collective agreement in about half of the cases, as both parties aim to reach a mutually beneficial resolution.

Question 3

The collective voice approach views strikes as mistakes that could be avoided.

Accepted Answer

False

Question 4

The chilling effect refers to the possibility that the parties may not make the concessions necessary to reach an agreement because they do not wish to harm their positions before an arbitrator at a later date.

Accepted Answer

The chilling effect in negotiation refers to parties being reluctant to make concessions during negotiations due to fear of weakening their position in potential future arbitration or legal proceedings.

Question 5

Back-to-work legislation has been used to end contract disputes in both the public and private sector.

Accepted Answer

Back-to-work legislation is a legal measure used by governments to end labor disputes, forcing employees to return to work. It has been applied in both public and private sector disputes to ensure the continuation of essential services or to mitigate significant economic impact.

Question 6

A conciliation officer is an individual the union and the employer pay to help them resolve a contract dispute.

Accepted Answer

A conciliation officer is typically appointed by a government agency to help resolve a contract dispute between a union and an employer, rather than being paid directly by either party.

Question 7

A conciliation board has representatives from the union, the employer, and the government.

Accepted Answer

The answer of A conciliation board has representatives from the...

Question 8

Strikes are caused only by economic factors including the union's wage demands and the employer's ability to pay.

Accepted Answer

Strikes can be caused by a variety of factors, not just economic ones. These can include working conditions, job security, benefits, and disagreements over contract terms, in addition to wage demands and the employer's ability to pay.

Question 9

Strikes serve a useful function because they may force negotiators to make concessions necessary to reach an agreement.

Accepted Answer

Strikes can pressure both employers and employees to negotiate more earnestly, potentially leading to concessions from both sides that are necessary to reach an agreement.

Question 10

Back-to-work legislation always establishes the terms for a collective agreement.

Accepted Answer

Back-to-work legislation typically ends a strike or lockout by requiring workers to return to their jobs, but it does not always establish the terms for a collective agreement; it may instead mandate arbitration or further negotiation.

Question 11

Second contract arbitration, where either the union or the employer can apply to have the terms of the collective agreement settled by arbitration, is available in all jurisdictions.

Accepted Answer

Second contract arbitration is not available in all jurisdictions; its availability depends on the specific labor laws and regulations of each country or region, which can vary significantly.

Question 12

A strike may also be referred to as economic sanctions or industrial action.

Accepted Answer

A strike is a form of industrial action where workers refuse to work as a protest, typically to gain better wages or working conditions, and can be considered a type of economic sanction imposed by workers on their employers.

Question 13

A mediator may help the parties reach a collective agreement by suggesting new alternatives they have not previously considered.

Accepted Answer

A mediator's role often involves facilitating discussions between parties in conflict and suggesting new alternatives or solutions that the parties might not have considered, to help them reach a collective agreement.

Question 14

A mediator is a third party who hears evidence from the union and the employer and then decides the terms of a collective agreement.

Accepted Answer

A mediator helps the union and employer reach an agreement by facilitating discussions and offering suggestions, but does not decide the terms of the agreement. That role is typically associated with an arbitrator.

Question 15

The narcotic effect is a potential problem in interest arbitration.

Accepted Answer

The narcotic effect in interest arbitration refers to the phenomenon where parties may become overly reliant on arbitration to resolve disputes, potentially undermining their motivation to negotiate directly and effectively in the future.

Question 16

If two employees remain on the job; however, they deliberately reduce output, they are engaging in a strike.

Accepted Answer

The answer of If two employees remain on the job;...

Question 17

In the private sector 80 percent of collective agreements are negotiated without a strike.

Accepted Answer

The answer of In the private sector 80 percent of...

Question 18

Final offer selection is a form of arbitration that should encourage the parties to negotiate a collective agreement without third party assistance.

Accepted Answer

Final offer selection, also known as last best offer arbitration, encourages parties to negotiate and make reasonable offers, as the arbitrator will choose one of the final offers in its entirety, motivating both sides to be more moderate in their demands to avoid the risk of the arbitrator selecting the other party's offer.

Question 19

Final offer selection is the form of arbitration preferred by unions.

Accepted Answer

Final offer arbitration is a form of arbitration in which the arbitrator must choose one of the final offers made by the parties, without modification. This form of arbitration is often preferred by employers, not unions.

Question 20

The conciliation process has advantages and disadvantages.

Accepted Answer

The conciliation process offers advantages such as saving time and money, preserving relationships, and providing confidentiality. However, it also has disadvantages, including potentially unequal power dynamics, the possibility of not reaching an agreement, and the lack of a formal legal precedent.

Quiz 9: Strikes, Lockouts and Contract Dispute Resolution