HRIR 3450 FINAL EXAM QUESTIONS
WITH CORRECT DETAILED
ANSWERS 100% GUARANTEED
PASSED
Assume you were an employer representative. On what basis might the employer
defend the plan? - Answer- Management will say it is new technology so as long as they
give the employees notice it is okay to do.
If you were an arbitrator dealing with this situation, what would your decision be? -
Answer- Arbitrator will side with the union because the job was contracting out which
goes against the collective agreement.
A collective agreement included the following articles:(a) "If the Union fails to submit a
grievance at each level in the grievance procedure within the time limits stipulated in
this article, the grievance shall be deemed abandoned. Similarly, if the Corporation fails
to reply to a grievance in writing within the time limits stipulated in this article, the
grievance maybe referred to the next level of the grievance procedure, including
arbitration."(b) "After exhausting the provisions of the grievance procedure, either of the
parties may notify the other party in writing within thirty (30) days of the final level reply,
of its intention to submit a grievance to arbitration."The employer discharged an
employee and a grievance was filed on his behalf by the union. The grievance went
though the steps in the grievance procedure and the union received the reply from the
employer at the last step in the procedure, denying - Answer- The grievance is deemed
to be abandoned by the union so the employer. The arbitrator will side with the union
because the management waved their right to disagree when they agreed to the
arbitration date.
A collective agreement provided that when a disciplinary interview was held a union
steward would be present (hereafter referred to as Article 6). An employee left work on
a Friday afternoon prior to the end of his shift. The employee's position was that he had
permission to leave. The employer's position was that the employee did not have
permission to leave early. On the day of the incident a manager called the employee at
home and talked with him. In the course of the telephone conversation the employee
was advised he would be suspended for one week. The employee asked that the
suspension be reduced and it was agreed that there would be a meeting to review the
matter on Monday. On Monday there was a meeting at which a union steward was
, present; however, there was no change in the suspension. A grievance was filed that
stated there was an "unjust suspension" and did not refer to Article 6.
(a) What argument will th - Answer- The union will make the argument that because
there was a disagreement and the employee believed they could leave early there is no
grounds for the suspension. The union can claim that it is an unreasonable reaction to
suspend the employee for a week over a misunderstanding.
The union can argue that the steward was not present for the first meeting of
disciplinary action.
If you were the arbitrator, what would your decision be? - Answer- If I was the arbitrator
I would side with the employee. This decision would still be on the basis that the
steward was not there, even though it is not what the union filed. This is because the
arbitrator should always have the employees' best interest in mind. As the suspension
was on the basis of a misunderstanding as well it would help the employees case.
Even if union does not file grievance on basis of this the management did not follow the
steps of the collective agreement meaning the arbitrator will not side with them.
If the grievance is allowed, what remedy should be ordered? - Answer- If the grievance
is allowed the remedy should be to reinstate the employee.
After an employee left work without permission, a supervisor imposed a two-day
suspension after consulting with the human resources department. One week later, a
more senior manager reviewed the situation and found that the employee had
previously been suspended for two days for the same misconduct and that the problem
of employees leaving work early was increasing. The senior manager ordered that the
suspension be increased to one week. Can the union challenge this? - Answer- Yes,
because you cannot implement punishment more than once on the same issue
(because the punishment was already deemed to be two days they cannot go back and
change it once it has been given to the employee).
What remedies could the Board order for any violations of labour relations legislation by
the employer? - Answer- The Labour Relations Board can order a cease-and-desist to
management to resume the bargaining, this time in good faith. The Board can also help
the parties in negotiations of the new collective agreement. The Board may also order
the management to compensate the union for all of the additional expenses they had to
incur because of managements breach of duty.
A collective agreement between a hospital and the union contained the following:• a
management rights article• a provision regarding contracting out that provided: "12.01.
The Hospital shall not contract out any work usually performed by members of the
bargaining unit if, as a result of such contracting out, a layoff of any employees other
than casual part-time employees results from such contracting out"• a technological
change article that provided for notice to the union for technological change plus notice
to employees who might be laid off. The hospital proposed adoption of a new food
preparation system that would involve food being assembled elsewhere by an outside
company. The final preparation would be done at the hospital using new equipment that
WITH CORRECT DETAILED
ANSWERS 100% GUARANTEED
PASSED
Assume you were an employer representative. On what basis might the employer
defend the plan? - Answer- Management will say it is new technology so as long as they
give the employees notice it is okay to do.
If you were an arbitrator dealing with this situation, what would your decision be? -
Answer- Arbitrator will side with the union because the job was contracting out which
goes against the collective agreement.
A collective agreement included the following articles:(a) "If the Union fails to submit a
grievance at each level in the grievance procedure within the time limits stipulated in
this article, the grievance shall be deemed abandoned. Similarly, if the Corporation fails
to reply to a grievance in writing within the time limits stipulated in this article, the
grievance maybe referred to the next level of the grievance procedure, including
arbitration."(b) "After exhausting the provisions of the grievance procedure, either of the
parties may notify the other party in writing within thirty (30) days of the final level reply,
of its intention to submit a grievance to arbitration."The employer discharged an
employee and a grievance was filed on his behalf by the union. The grievance went
though the steps in the grievance procedure and the union received the reply from the
employer at the last step in the procedure, denying - Answer- The grievance is deemed
to be abandoned by the union so the employer. The arbitrator will side with the union
because the management waved their right to disagree when they agreed to the
arbitration date.
A collective agreement provided that when a disciplinary interview was held a union
steward would be present (hereafter referred to as Article 6). An employee left work on
a Friday afternoon prior to the end of his shift. The employee's position was that he had
permission to leave. The employer's position was that the employee did not have
permission to leave early. On the day of the incident a manager called the employee at
home and talked with him. In the course of the telephone conversation the employee
was advised he would be suspended for one week. The employee asked that the
suspension be reduced and it was agreed that there would be a meeting to review the
matter on Monday. On Monday there was a meeting at which a union steward was
, present; however, there was no change in the suspension. A grievance was filed that
stated there was an "unjust suspension" and did not refer to Article 6.
(a) What argument will th - Answer- The union will make the argument that because
there was a disagreement and the employee believed they could leave early there is no
grounds for the suspension. The union can claim that it is an unreasonable reaction to
suspend the employee for a week over a misunderstanding.
The union can argue that the steward was not present for the first meeting of
disciplinary action.
If you were the arbitrator, what would your decision be? - Answer- If I was the arbitrator
I would side with the employee. This decision would still be on the basis that the
steward was not there, even though it is not what the union filed. This is because the
arbitrator should always have the employees' best interest in mind. As the suspension
was on the basis of a misunderstanding as well it would help the employees case.
Even if union does not file grievance on basis of this the management did not follow the
steps of the collective agreement meaning the arbitrator will not side with them.
If the grievance is allowed, what remedy should be ordered? - Answer- If the grievance
is allowed the remedy should be to reinstate the employee.
After an employee left work without permission, a supervisor imposed a two-day
suspension after consulting with the human resources department. One week later, a
more senior manager reviewed the situation and found that the employee had
previously been suspended for two days for the same misconduct and that the problem
of employees leaving work early was increasing. The senior manager ordered that the
suspension be increased to one week. Can the union challenge this? - Answer- Yes,
because you cannot implement punishment more than once on the same issue
(because the punishment was already deemed to be two days they cannot go back and
change it once it has been given to the employee).
What remedies could the Board order for any violations of labour relations legislation by
the employer? - Answer- The Labour Relations Board can order a cease-and-desist to
management to resume the bargaining, this time in good faith. The Board can also help
the parties in negotiations of the new collective agreement. The Board may also order
the management to compensate the union for all of the additional expenses they had to
incur because of managements breach of duty.
A collective agreement between a hospital and the union contained the following:• a
management rights article• a provision regarding contracting out that provided: "12.01.
The Hospital shall not contract out any work usually performed by members of the
bargaining unit if, as a result of such contracting out, a layoff of any employees other
than casual part-time employees results from such contracting out"• a technological
change article that provided for notice to the union for technological change plus notice
to employees who might be laid off. The hospital proposed adoption of a new food
preparation system that would involve food being assembled elsewhere by an outside
company. The final preparation would be done at the hospital using new equipment that
