CPHR Labour and Employee Relations 3 — Questions and Answers
Question 1: Which principle requires that in discipline cases, the most recent offense rather than past infractions be the primary basis for the penalty?
- Progressive discipline (Correct answer)
- Last chance agreement
- Statute of limitations rule
- Laches doctrine
Correct answer: Progressive discipline
Progressive discipline escalates penalties for repeated offenses but focuses each disciplinary step on the current infraction while considering the employee's history.
Question 2: A 'zipper clause' in a collective bargaining agreement is designed to:
- Prevent strikes during the contract term
- Close off bargaining on issues not addressed in the agreement (Correct answer)
- Require interest arbitration if negotiations fail
- Mandate binding grievance procedures
Correct answer: Close off bargaining on issues not addressed in the agreement
A zipper clause states the agreement is complete and prevents either party from demanding bargaining on matters not addressed during negotiations.
Question 3: Under the duty of fair representation, a union breaches its obligation to a member when it acts in a manner that is:
- Cautious or overly conservative
- Arbitrary, discriminatory, or in bad faith (Correct answer)
- Expensive for the member to pursue
- Contrary to a majority vote of the membership
Correct answer: Arbitrary, discriminatory, or in bad faith
The duty of fair representation requires unions to act without arbitrariness, discrimination, or bad faith when handling member grievances.
Question 4: In the context of a collective agreement, 'past practice' becomes binding as a supplement to the written agreement when it is:
- Mentioned in the management rights clause
- Unilateral, infrequent, and known only to supervisors
- Mutual, consistent, and accepted by both parties over time (Correct answer)
- Approved by a majority vote of the bargaining unit
Correct answer: Mutual, consistent, and accepted by both parties over time
Past practice must be mutual, consistent, and long-standing with the knowledge and acceptance of both management and the union to be binding.
Question 5: An employer who bargains with a union that does not represent a majority of employees in the bargaining unit commits which unfair labor practice?
- Domination of a labor organization (Correct answer)
- Recognitional picketing
- Unlawful assistance
- Voluntary recognition violation
Correct answer: Domination of a labor organization
Bargaining with a minority union or one that lacks majority support constitutes domination or assistance of a labor organization under the NLRA.
Question 6: Which of the following best describes 'interest-based bargaining' compared to traditional positional bargaining?
- It relies on a neutral third party to impose a settlement
- It focuses on the underlying needs of both parties rather than fixed positions (Correct answer)
- It limits discussion to monetary issues only
- It requires all proposals to be submitted in writing before meetings
Correct answer: It focuses on the underlying needs of both parties rather than fixed positions
Interest-based bargaining seeks to understand the underlying interests of both parties to find mutually acceptable solutions, rather than competing over fixed positions.
Question 7: Which concept refers to the employer's right to make decisions about business operations without negotiating with the union, as long as they are not mandatory subjects of bargaining?
- Management rights
- Residual rights
- Reserved rights doctrine
- All of the above capture the same concept (Correct answer)
Correct answer: All of the above capture the same concept
Management rights, residual rights, and the reserved rights doctrine all describe the employer's retained authority over non-mandatory subjects of bargaining.
CPHR Labour and Employee Relations 3
Which principle requires that in discipline cases, the most recent offense rather than past infractions be the primary basis for the penalty?