CPHR Labour and Employee Relations Questions and Answers

Question 1

A union suspects an employer is assigning bargaining unit work to non-union managers, a direct violation of their collective agreement.
The union files a grievance, but after several steps, the parties cannot agree on a resolution.
According to Canadian labour law, what is the required final step for resolving this dispute?

Accepted Answer

The dispute must be referred to a neutral third-party arbitrator for a binding decision.

Answer

A provincially appointed mediator will issue a non-binding recommendation.

Answer

The union can legally initiate a wildcat strike to pressure management.

Answer

The employees must vote on whether to accept management's final offer.

Question 2

An employee in a federally regulated industry is terminated. The employee believes the union did not properly investigate their case before deciding not to proceed to arbitration. Which of the following legal principles requires the union to represent all employees in the bargaining unit in a manner that is not arbitrary, discriminatory, or in bad faith?

Accepted Answer

The duty of fair representation

Answer

The principle of estoppel

Answer

The management rights clause

Answer

The common law duty to accommodate

Question 3

A collective agreement contains a 'management rights' clause. What is the primary purpose of this clause from the employer's perspective?

Accepted Answer

To retain authority over key business decisions not explicitly limited by the agreement.

Answer

To guarantee annual wage increases for all bargaining unit employees.

Answer

To outline the specific procedures for union certification and decertification.

Answer

To allow the union to co-manage all aspects of business operations.

Question 4

After months of unsuccessful negotiations for a new collective agreement, a union and an employer in a provincially-regulated sector have reached an impasse. The union has conducted a successful strike vote. Before a legal strike can commence, which of the following conditions must typically be met?

Accepted Answer

The government must issue a 'no-board' report, followed by a cooling-off period.

Answer

The employer must agree to the strike.

Answer

A 72-hour strike notice must be given to the employer.

Answer

All essential services agreements must be finalized and approved by the union membership.

Question 5

An HR manager at a unionized manufacturing plant is dealing with an employee who has been late three times in one month, a violation of company policy. The collective agreement specifies a 'just cause' standard for discipline. What approach should the HR manager take first?

Accepted Answer

Implement the first step of a progressive discipline process, such as a verbal warning.

Answer

Terminate the employee immediately for insubordination.

Answer

File a grievance against the employee with the union.

Answer

Unilaterally reduce the employee's pay for the remainder of the month.

Question 6

An employer, without consulting the employee, significantly reduces a senior manager's core job responsibilities, reassigns their direct reports to another department, and changes their title, although the salary remains the same. The manager resigns as a result. This scenario is most likely an example of:

Accepted Answer

Constructive dismissal

Answer

Wrongful dismissal

Answer

Progressive discipline

Answer

A legitimate corporate restructuring