CHRP Labour and Employee Relations 3 — Questions and Answers
Question 1: Under the duty of fair representation, the union is obligated to:
- Win every grievance filed by a member
- Process all grievances to arbitration regardless of merit
- Represent members without discrimination, arbitrariness, or bad faith (Correct answer)
- Prioritize senior employees' grievances over junior employees'
Correct 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.
Question 2: What is the primary purpose of a no-strike, no-lockout clause during the term of a collective agreement?
- To prevent employees from filing grievances
- To ensure labour peace by channeling disputes into the grievance-arbitration process (Correct answer)
- To allow the employer to impose discipline without union involvement
- To limit the union's ability to organize new members
Correct 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.
Question 3: An employer suspects an employee of theft but lacks direct evidence. Before terminating for just cause, what should the employer do?
- Terminate immediately to protect company assets
- Conduct a thorough investigation, allow the employee to respond, and assess evidence before deciding (Correct answer)
- Notify the police and wait for a criminal conviction
- Issue a final written warning and monitor the employee for 90 days
Correct 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.
Question 4: What distinguishes a wildcat strike from a lawful strike?
- A wildcat strike occurs at the end of a contract term with proper notice
- A wildcat strike is a work stoppage that occurs without union authorization, often during the term of a collective agreement (Correct answer)
- A wildcat strike is legally protected under the NLRA
- A wildcat strike can only be called by the local union president
Correct 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.
Question 5: In interest arbitration, an arbitrator is asked to:
- Interpret an existing collective agreement provision
- Set the terms of a new collective agreement when the parties cannot reach a negotiated settlement (Correct answer)
- Rule on whether an employee was disciplined for just cause
- Determine whether a union has met its certification requirements
Correct 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.
Question 6: What is the effect of a successor rights clause in a collective agreement when a business is sold?
- The union certification automatically lapses upon sale
- The new employer is bound by the existing collective agreement and must recognize the union (Correct answer)
- Employees lose seniority and must reapply for their positions
- The collective agreement is voided and a new one must be negotiated from scratch
Correct 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.
Question 7: 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:
- The union has called a strike vote
- The employer has bargained in good faith to a genuine impasse (Correct answer)
- A federal mediator has certified the impasse
- The contract term has expired for at least 30 days
Correct 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.
CHRP Labour and Employee Relations 3
Under the duty of fair representation, the union is obligated to: