CHRP Labour and Employee Relations 2 — Questions and Answers
Question 1: An employer wants to change a term of employment not covered in the collective agreement. What must they do?
- Implement the change unilaterally after giving notice
- Negotiate the change with the union through the collective bargaining process (Correct answer)
- Apply to a labour board for permission to make the change
- Issue a management directive and post it on the bulletin board
Correct answer: Negotiate the change with the union through the collective bargaining process
Terms of employment for unionized employees must be negotiated with the union; unilateral changes violate the duty to bargain in good faith.
Question 2: Under the National Labor Relations Act (NLRA), which activity is considered an unfair labor practice by an employer?
- Conducting mandatory attendance at a pre-shift safety briefing
- Promising wage increases to employees who vote against union certification (Correct answer)
- Publishing a company newsletter describing the bargaining process
- Requiring employees to follow a dress code policy
Correct answer: Promising wage increases to employees who vote against union certification
Promising benefits to discourage union support constitutes interference with employees' Section 7 rights and is an unfair labor practice.
Question 3: What does the term 'management rights clause' in a collective agreement typically reserve for the employer?
- The right to override any provision in the collective agreement
- The right to manage the business and direct the workforce within the limits of the agreement (Correct answer)
- Exclusive authority to discipline employees without union involvement
- The right to modify wages without bargaining
Correct answer: The right to manage the business and direct the workforce within the limits of the agreement
A management rights clause preserves the employer's authority to operate the business, subject to the terms negotiated in the collective agreement.
Question 4: A grievance arbitration award orders reinstatement of a discharged employee. The employer believes the penalty is too lenient. What recourse does the employer have?
- Immediately appeal to the labour board for a harsher penalty
- Seek judicial review if the arbitrator exceeded jurisdiction or made a reviewable error (Correct answer)
- Refuse to comply and discharge the employee again
- File a grievance against the union for bringing the arbitration
Correct answer: Seek judicial review if the arbitrator exceeded jurisdiction or made a reviewable error
Arbitration awards are generally final but can be challenged through judicial review on narrow grounds such as jurisdictional error or procedural unfairness.
Question 5: Which principle requires that discipline be proportional to the severity of the misconduct and the employee's record?
- Culminating incident doctrine
- Progressive discipline principle (Correct answer)
- Last chance agreement principle
- Just cause standard
Correct answer: Progressive discipline principle
Progressive discipline requires penalties to escalate in proportion to the seriousness and frequency of misconduct, moving from verbal warnings to termination.
Question 6: An employee files a grievance alleging the employer violated the seniority provisions of the collective agreement when assigning overtime. At what step would this typically be resolved first?
- Labour relations board hearing
- Immediate arbitration
- Informal discussion between the employee, union steward, and immediate supervisor (Correct answer)
- Filing a complaint with the Department of Labor
Correct answer: Informal discussion between the employee, union steward, and immediate supervisor
Most collective agreements require grievances to begin at Step 1, an informal resolution attempt between the employee, union steward, and supervisor.
Question 7: What is a 'zipper clause' in a collective agreement?
- A clause requiring union members to disclose personal finances
- A provision stating the agreement represents the complete understanding of the parties, barring mid-term bargaining (Correct answer)
- A clause that automatically renews the agreement each year
- A confidentiality provision protecting grievance records
Correct answer: A provision stating the agreement represents the complete understanding of the parties, barring mid-term bargaining
A zipper clause closes off mid-term bargaining by declaring the collective agreement to be the complete and final expression of all agreed terms.
CHRP Labour and Employee Relations 2
An employer wants to change a term of employment not covered in the collective agreement.
What must they do?