Question 1

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."

Accepted Answer

The statement accurately defines alternate dispute resolution according to the Canadian Human Rights Commission.

Question 2

Canadian labour relations laws are largely dissimilar in content but have subtle differences between them.

Accepted Answer

Canadian labour relations laws vary significantly between provinces and territories, as well as between the federal and provincial/territorial jurisdictions, rather than being largely dissimilar with only subtle differences.

Question 3

"Grievance upheld" means that management's position is supported and no changes are awarded.

Accepted Answer

"Grievance upheld" means that the employee's position is supported and changes may be awarded.

Question 4

A union member may take an issue to arbitration even if the union does not agree that it is warranted.

Accepted Answer

This is known as the "duty of fair representation," which means that the union has a legal obligation to represent all members fairly and impartially, even those whose grievances they do not believe have merit. If a member feels that the union has breached this duty, they may take their case to arbitration.

Question 5

In arbitration, the decision is based on issue of proof.

Accepted Answer

Arbitration decisions are typically based on the evidence and arguments presented by the parties, rather than strictly on issues of proof as in a court of law.

Question 6

What are the two forms of arbitration processes?
A) rights and interests
B) interests and conciliation
C) rights and conciliation
D) arbitration and mediation

Accepted Answer

The two forms of arbitration processes are based on rights and interests. In a rights-based process, the arbitrator makes a decision by applying the law or a contract to the facts of the case. In an interests-based process, the arbitrator tries to facilitate a resolution that meets the needs and interests of both parties, even if it doesn't strictly follow the law or the terms of the contract.

Question 7

Arbitration is a final and binding process where management resolves the dispute.

Accepted Answer

Arbitration is a process where a neutral third party (the arbitrator) resolves the dispute, not management.

Question 8

While ADR is core to the unionized employment relationship, it also exists in nonunion workplaces.

Accepted Answer

ADR (Alternative Dispute Resolution) can be used in both unionized and nonunionized workplaces as a way to resolve conflicts between employers and employees without going through the court system.

Question 9

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

Accepted Answer

Strikes, where employees stop working to protest, and grievances, formal complaints by employees or unions, are common forms of conflict in labor-management relations.

Question 10

Strikes and grievances are the most common forms of conflict found in labour-management relations.

Accepted Answer

Strikes and grievances are the most common forms of conflict found in labour-management relations.

Question 11

A union can argue that the sanction imposed presents severe economic hardship, and thus the sanction should be reduced.

Accepted Answer

A union can argue that the sanction imposed presents severe economic hardship, and request for a reduction in the sanction. They can present evidence and negotiate with the employer or relevant authorities for a more favorable outcome.

Question 12

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

Accepted Answer

Brown and Beatty is a well-known external resource for grievance arbitration, as it provides guidance and commentary on Canadian labor law and arbitration cases. The other options are also relevant to labor relations, but are not specifically associated with grievance arbitration.

Question 13

Sole Arbitration is often used in conjunction with expedited arbitration.

Accepted Answer

Sole arbitration is a process in which only one arbitrator is involved in the arbitration process. It is often used with expedited arbitration, which is a faster version of traditional arbitration, designed to resolve disputes quickly and efficiently.

Question 14

If management can demonstrate all elements of culpability, the employee is considered nonculpable.

Accepted Answer

If management can demonstrate all elements of culpability, it means that they have proven that the employee is at fault or responsible for the situation. Therefore, the employee would be considered culpable, not nonculpable.

Question 15

The arbitration process is becoming increasingly legalistic.

Accepted Answer

This is true as the arbitration process is now following more formal and procedurally complex methods, resembling court litigation. There are also more legal requirements for arbitrators, attorneys, and parties involved in the process.

Question 16

Brown and Beatty is a source that presents trends in arbitration and references specific arbitration rulings.

Accepted Answer

Brown and Beatty is a reputable source that analyzes and presents trends in arbitration and provides references to specific arbitration rulings.

Question 17

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.

Accepted Answer

The textbook states that the protests were not a traditional work stoppage, meaning they were not organized by union workers to halt production. Instead, the protests were conducted by non-unionized workers and labor advocacy groups who gathered outside stores and called for better wages and working conditions. There is no indication that the protests were illegal or sanctioned by Walmart.

Question 18

Conventional Tripartite Arbitration panel is a common method used for rights arbitration.

Accepted Answer

Conventional Tripartite Arbitration panel, consisting of three arbitrators, is a common method used for resolving disputes involving rights arbitration. Each party selects one arbitrator, and the third arbitrator is chosen by both parties or the two appointed arbitrators.

Question 19

Interest arbitration is used as an alternative to strikes when parties are permitted to strike or lockout.

Accepted Answer

Interest arbitration is used as an alternative to strikes or lockouts, particularly in situations where strikes or lockouts are not permitted, such as with essential services or public employees.

Question 20

Mitigation factors are argued by the union as a way to reduce or remove the sanction imposed by management.

Accepted Answer

Mitigation factors can be presented by the union as a way to lessen the severity of a sanction or punishment imposed by management.

Quiz 10: Third-Party Dispute Resolution Procedures

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."

Canadian labour relations laws are largely dissimilar in content but have subtle differences between them.

"Grievance upheld" means that management's position is supported and no changes are awarded.

A union member may take an issue to arbitration even if the union does not agree that it is warranted.

In arbitration, the decision is based on issue of proof.

What are the two forms of arbitration processes?

Arbitration is a final and binding process where management resolves the dispute.

While ADR is core to the unionized employment relationship, it also exists in nonunion workplaces.

What are the most common forms of conflict found in labour-management relations?

Strikes and grievances are the most common forms of conflict found in labour-management relations.

A union can argue that the sanction imposed presents severe economic hardship, and thus the sanction should be reduced.

Which of the following is an often used external resource for grievance arbitration?

Sole Arbitration is often used in conjunction with expedited arbitration.

If management can demonstrate all elements of culpability, the employee is considered nonculpable.

The arbitration process is becoming increasingly legalistic.

Brown and Beatty is a source that presents trends in arbitration and references specific arbitration rulings.

According to the textbook, what can be concluded about the Walmart Black Friday protests?

Conventional Tripartite Arbitration panel is a common method used for rights arbitration.

Interest arbitration is used as an alternative to strikes when parties are permitted to strike or lockout.

Mitigation factors are argued by the union as a way to reduce or remove the sanction imposed by management.