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Exam 10: Third-Party Dispute Resolution Procedures

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Question 21

Multiple Choice

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In which type of interest arbitration can the arbitrator choose from options presented or craft his/her own decisions?

A) conventional interest
B) unconventional interest
C) rights interest
D) final-offer

E) B) and D)
F) None of the above

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Question 22

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Canadian labour relations laws are largely dissimilar in content but have subtle differences between them.

A) True
B) False

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Question 23

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How is the term "jurisprudence" best explained?

What has developed as a result of the long delays, high costs, and increasing legalistic nature of the grievance arbitration process?

What are the two forms of arbitration processes?

Colvin (2003) points out there are three possible reasons for the adoption of Alternative Dispute Resolution in nonunion firms. What are these three reasons?

A union can argue that the sanction imposed presents severe economic hardship, and thus the sanction should be reduced.

The rights arbitration process has many of the same characteristics of a legal proceeding; however, it differs from a legal court proceeding in several ways. List three ways the process differs.

Which term refers to a three-person arbitration panel that is a common method used for rights arbitration?

Mitigation factors are argued by the union as a way to reduce or remove the sanction imposed by management.

The Canadian Human Rights Commission defines alternate dispute resolution as "resolving disputes in ways other than going to court, including arbitration, mediation, negotiation, conciliation, etc."

In an arbitration hearing the union argues that an employee has a spotless work record. What is this an example of?

A union member may take an issue to arbitration even if the union does not agree that it is warranted.

During arbitration, what is the purpose of mitigation factors?

If the employee was one year away from qualifying for his pension, the union might argue that discharge can pose extreme suffering. Which concept can be applied to this situation?

According to the textbook's review of Brown and Beatty, what does it take for management to win an arbitration concerning discharge?

A review of Brown and Beatty shows several mitigation factors during arbitration that the union may argue. Explain four of these mitigation factors.

Which of the following is a final, binding third-party process used when there has been a violation of a collective agreement?

List three questions examined for discharge cases.

The process of mediation can be broken down into three stages. What are these three stages?