IDRL 320 VERIFIED ACCURATE STUDY GUIDE
Arbitrator - Answers -1. An individual or three-person expert arbitration board tasked
with writing the terms of a collective agreement when the union and employer are
unable to reach agreement through voluntary collective bargaining.
2. An individual or three-person expert arbitration panel appointed to decide dispute
over the application and interpretation of collective agreements.
Collective Agreement - Answers -A contract between an employer (or employers) and a
trade union (or trade unions) that sets out the conditions of employment for a group of
employees
Common Law - Answers -A system of judge-made rules originating in England around
the 12th century, and inherited by Canada, as a British colony, that uses a precedent-
based approach to case law. Earlier decisions dealing with similar facts or legal issues
guide later decisions to create legal predictability. However, common law rules can and
often do evolve as social values change.
Back-to-work legislation - Answers -A statute enacted for the specific purpose of
bringing an end to a lawful work stoppage by referring outstanding bargaining issues to
an interest arbitrator for final resolution.
Certification - Answers -The process of legally recognizing a union as the exclusive
bargaining agent of a particular group of workers.
Collective Bargaining - Answers -Negotiations between an association of employees
(usually but not always a union) and an employer or association of employers aimed at
reaching a collective agreement.
Concilliation - Answers -A form of mediation in which a neutral collective bargaining
expert attempts to assist an employee association (e.g., a union) and an employer or
employer association in reaching a collective agreement.
Decertification - Answers -The legal process through which unionized workers remove
their union as their legal representative and transition from the collective bargaining
regime to the common law regime.
Duty of fair representation - Answers -A legal obligation imposed on unions to
represent employees who fall within the scope of their representation rights in a manner
that is not arbitrary, discriminatory, or in bad faith.
Essential Services - Answers -Services that are essential to protect the health, safety,
or security of the public. For example, police officers, firefighters, and medical
practitioners perform essential services. Some governments consider services that are
, important to the public, such as public transit or mail delivery, as essential services as
well
Final Offer Selection - Answers -A form of interest arbitration in which the interest
arbitrator is restricted to imposing either the employer's or the union's proposed
collective agreement in its entirety.
First Contract Arbitration - Answers -A statutory provision that refers a collective
bargaining impasse during negotiations for a first collective agreement to interest
arbitration. Conditions for accessing first contract arbitration vary by jurisdiction. First
contract arbitration is available in some form across Canada except in Alberta, New
Brunswick, and Prince Edward Island.
Grievance - Answers -A formal complaint lodged under a collective agreement that
alleges a contravention of the collective agreement.
Interest Arbitration - Answers -An arbitration process in which a neutral arbitrator (or
arbitration board) imposes a final collective agreement after the parties were unable to
reach an agreement in negotiations.
Judicial Review - Answers -The process through which a decision of an expert
administrative tribunal is appealed to a court, on a basis that the tribunal exceeded its
authority (or jurisdiction) as defined in the statute that created it or that the tribunal's
decision was wrong. How much deference a court must give to the expert tribunal's
decision is a complex question that is considered in a field of law known as
administrative law.
Enumerated Grounds - Answers -The personal characteristics that are expressly listed
in section 15(1) of the Canadian Charter of Rights and Freedoms, namely race, national
or ethnic origin, colour, religion, sex, age, or mental or physical disability.
Indirect Discrimination - Answers -A type of discrimination in which a rule, standard, or
practice treats everyone the same on its face, yet has an ad-verse impact on some
people because of a personal characteristic.
Analogous Grounds - Answers -Prohibited grounds of discrimination in equality
legislation that are not enumerated (listed) in the legislation, but which the courts have
read into the legislation because of their similarity to the enumerated grounds that are
protected ( e.g., sexual orientation, marital status, and citizenship).
Arises and Occurs Test - Answers -The test used by WCBs to determine whether an
injury is compensable. In short, it is used to determine whether an injury arose from and
occurred during the course of work.
Bona Fide Occupational Requirement (BFOR) - Answers -A defence to dis-crimination
that an employer may use to prove that a discriminatory rule, standard, or practice was
Arbitrator - Answers -1. An individual or three-person expert arbitration board tasked
with writing the terms of a collective agreement when the union and employer are
unable to reach agreement through voluntary collective bargaining.
2. An individual or three-person expert arbitration panel appointed to decide dispute
over the application and interpretation of collective agreements.
Collective Agreement - Answers -A contract between an employer (or employers) and a
trade union (or trade unions) that sets out the conditions of employment for a group of
employees
Common Law - Answers -A system of judge-made rules originating in England around
the 12th century, and inherited by Canada, as a British colony, that uses a precedent-
based approach to case law. Earlier decisions dealing with similar facts or legal issues
guide later decisions to create legal predictability. However, common law rules can and
often do evolve as social values change.
Back-to-work legislation - Answers -A statute enacted for the specific purpose of
bringing an end to a lawful work stoppage by referring outstanding bargaining issues to
an interest arbitrator for final resolution.
Certification - Answers -The process of legally recognizing a union as the exclusive
bargaining agent of a particular group of workers.
Collective Bargaining - Answers -Negotiations between an association of employees
(usually but not always a union) and an employer or association of employers aimed at
reaching a collective agreement.
Concilliation - Answers -A form of mediation in which a neutral collective bargaining
expert attempts to assist an employee association (e.g., a union) and an employer or
employer association in reaching a collective agreement.
Decertification - Answers -The legal process through which unionized workers remove
their union as their legal representative and transition from the collective bargaining
regime to the common law regime.
Duty of fair representation - Answers -A legal obligation imposed on unions to
represent employees who fall within the scope of their representation rights in a manner
that is not arbitrary, discriminatory, or in bad faith.
Essential Services - Answers -Services that are essential to protect the health, safety,
or security of the public. For example, police officers, firefighters, and medical
practitioners perform essential services. Some governments consider services that are
, important to the public, such as public transit or mail delivery, as essential services as
well
Final Offer Selection - Answers -A form of interest arbitration in which the interest
arbitrator is restricted to imposing either the employer's or the union's proposed
collective agreement in its entirety.
First Contract Arbitration - Answers -A statutory provision that refers a collective
bargaining impasse during negotiations for a first collective agreement to interest
arbitration. Conditions for accessing first contract arbitration vary by jurisdiction. First
contract arbitration is available in some form across Canada except in Alberta, New
Brunswick, and Prince Edward Island.
Grievance - Answers -A formal complaint lodged under a collective agreement that
alleges a contravention of the collective agreement.
Interest Arbitration - Answers -An arbitration process in which a neutral arbitrator (or
arbitration board) imposes a final collective agreement after the parties were unable to
reach an agreement in negotiations.
Judicial Review - Answers -The process through which a decision of an expert
administrative tribunal is appealed to a court, on a basis that the tribunal exceeded its
authority (or jurisdiction) as defined in the statute that created it or that the tribunal's
decision was wrong. How much deference a court must give to the expert tribunal's
decision is a complex question that is considered in a field of law known as
administrative law.
Enumerated Grounds - Answers -The personal characteristics that are expressly listed
in section 15(1) of the Canadian Charter of Rights and Freedoms, namely race, national
or ethnic origin, colour, religion, sex, age, or mental or physical disability.
Indirect Discrimination - Answers -A type of discrimination in which a rule, standard, or
practice treats everyone the same on its face, yet has an ad-verse impact on some
people because of a personal characteristic.
Analogous Grounds - Answers -Prohibited grounds of discrimination in equality
legislation that are not enumerated (listed) in the legislation, but which the courts have
read into the legislation because of their similarity to the enumerated grounds that are
protected ( e.g., sexual orientation, marital status, and citizenship).
Arises and Occurs Test - Answers -The test used by WCBs to determine whether an
injury is compensable. In short, it is used to determine whether an injury arose from and
occurred during the course of work.
Bona Fide Occupational Requirement (BFOR) - Answers -A defence to dis-crimination
that an employer may use to prove that a discriminatory rule, standard, or practice was
