Labour and Employee Relations Flashcards
7 cards from real CHRP practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Labour and Employee Relations flashcards as text
Under the duty of fair representation, the union is obligated to:
Answer: Represent members without discrimination, arbitrariness, or bad faith
The duty of fair representation requires unions to handle member grievances without acting arbitrarily, discriminatorily, or in bad faith.
What is the primary purpose of a no-strike, no-lockout clause during the term of a collective agreement?
Answer: To ensure labour peace by channeling disputes into the grievance-arbitration process
No-strike/no-lockout clauses stabilize the employment relationship by requiring disputes to be resolved through grievance arbitration rather than work stoppages.
An employer suspects an employee of theft but lacks direct evidence. Before terminating for just cause, what should the employer do?
Answer: Conduct a thorough investigation, allow the employee to respond, and assess evidence before deciding
Just cause requires a fair investigation, giving the employee the opportunity to respond to allegations before a termination decision is made.
What distinguishes a wildcat strike from a lawful strike?
Answer: A wildcat strike is a work stoppage that occurs without union authorization, often during the term of a collective agreement
A wildcat strike is an unauthorized, spontaneous work stoppage that typically violates the no-strike clause of the collective agreement.
In interest arbitration, an arbitrator is asked to:
Answer: Set the terms of a new collective agreement when the parties cannot reach a negotiated settlement
Interest arbitration resolves disputes over the terms of a new contract, while rights arbitration resolves disputes about an existing contract's interpretation.
What is the effect of a successor rights clause in a collective agreement when a business is sold?
Answer: The new employer is bound by the existing collective agreement and must recognize the union
Successor rights provisions and labour legislation ensure that a sale of business does not strip employees of their union and collective agreement protections.
A union and employer are at impasse during negotiations. The employer declares impasse and implements its last, best offer. Under the NLRA, this is permissible only if:
Answer: The employer has bargained in good faith to a genuine impasse
An employer may implement its final offer after reaching a genuine good-faith impasse, but must continue to bargain if the union requests further negotiations.