Employment Grievance Process Quiz

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Questions and Answers

What must an employee be notified of before a company can act on a breach of rules?

The possibility of job redesignation

The requirements for performance evaluations

The potential loss of seniority

The risk of discharge due to the breach (correct)

What does seniority refer to in the context of employment?

The number of training sessions attended

The member's length of service with the employer (correct)

The performance rating from previous jobs

The amount of overtime worked

Why might employees file grievances regarding seniority during leaves?

Due to the job specifications being unreasonable

Because they were not notified of rule breaches

When they were denied full-time positions

Because their seniority did not accumulate during absences (correct)

What is a primary issue with the interview process?

Using questions that don't measure relevant skills Signup and view all the answers

What is the 'obey now, grieve later' rule in the grievance process?

Employees must follow any management directive immediately. Signup and view all the answers

What should job specifications reflect according to employment standards?

Reasonable requirements for the job Signup and view all the answers

What is typically included in a collective agreement concerning grievances?

The grievance and arbitration processes Signup and view all the answers

How is the grievance rate calculated?

Number of grievances filed divided by the total number of employees Signup and view all the answers

Which of the following is NOT a limitation on the exercise of management rights?

The action should be supported by the majority of employees Signup and view all the answers

What is the principle of estoppel in the context of labor negotiations?

It prevents the employer from altering a practice relied upon by the union until the next negotiations Signup and view all the answers

Which requirement must a rule unilaterally introduced by the company satisfy to be valid?

It must not be inconsistent with the collective agreement Signup and view all the answers

Which of the following describes the implications of human rights legislation for collective agreements?

It provides additional guidelines that must be followed Signup and view all the answers

What factor can potentially affect the placement, layoff, and recall of employees?

The length of employee service or seniority Signup and view all the answers

What is NOT a formal step in the grievance procedure?

Negotiating a settlement with management Signup and view all the answers

What is a key consideration when applying discipline in compliance with a collective agreement?

Disciplinary actions must be reasonable and justified Signup and view all the answers

In the KVP Co. Ltd. case, which of the following is NOT a required characteristic of an introduced rule?

The rule must be popular among employees Signup and view all the answers

What is the primary benefit of expedited arbitration?

Enables faster resolution of disputes Signup and view all the answers

What role does the government play in expedited arbitration?

It assigns a sole arbitrator from a list Signup and view all the answers

In grievance mediation, what is the nature of the process?

Confidential and focused on negotiation Signup and view all the answers

What percentage of cases typically achieve successful resolution through mediation?

Over 80% Signup and view all the answers

Who generally bears the burden of proof in discipline cases?

The Employer Signup and view all the answers

What is an example of a restriction on disciplinary actions by employers?

Discipline cannot be applied twice for the same misconduct Signup and view all the answers

What does 'progressive discipline' entail?

Increasing severity of sanctions for subsequent offences Signup and view all the answers

What does a 'culminating incident' refer to in the context of discipline?

An event leading to dismissal based on prior misconduct Signup and view all the answers

What is primarily the focus of interest arbitration in labor relations?

Public sector employment disputes Signup and view all the answers

When is the burden of proof placed on the employer in grievance arbitration cases?

In discipline and discharge cases Signup and view all the answers

What is the typical range for arbitrators' fees during a hearing?

$2,000 to $3,500 per day Signup and view all the answers

What power does an arbitrator have concerning disciplinary actions?

To replace disciplinary action with lesser discipline if appropriate Signup and view all the answers

What is the recommended time frame for an arbitrator to issue an award after a hearing?

6 to 9 months Signup and view all the answers

Which entity is involved in selecting an arbitrator for a hearing?

The Labour Relations Board Signup and view all the answers

What happens to the costs of arbitration?

Shared equally by the employer and the union Signup and view all the answers

What may result from a delay in issuing an arbitration award?

Critical financial implications for the employee Signup and view all the answers

Study Notes

Industrial Relations - Week 10

Course: ADM3334
Professor: Qian Zhang
Topic: Administration of the Collective Agreement

Announcements

Group Assignment 2: Due today
Peer Evaluation Form: Mandatory
Mock Arbitration: In 2 weeks
Final Exam: Survey
Final Exam Details: December 13, 7-9 pm, DMS1140

Schedule and Assignments

October 21: Union Organizing Drive and Certification (Chapter 6), Assignment 1 due (before class)
October 28: The Collective Agreement (Chapter 7)
November 4: Negotiation of the Collective Agreement (Chapter 8)
November 11: Strikes, Lockouts, and Contract Dispute Resolution (Chapter 9), Assignment 2 due (before class)
November 18: Administration of the Collective Agreement (Chapter 10)
November 25: Mock Arbitration Activity (In-Class)
December 2: Public-Sector Labour Relations (Chapter 11), The Future of Unions (Chapter 12)

Learning Objectives

Identify limitations on management rights
Explain how seniority affects employee placement, layoffs, and recalls
Discuss human rights implications for collective agreement administration
Explain grievance and arbitration process functions
Outline formal and informal grievance steps
Outline procedural and legal aspects of arbitration
Describe disciplinary actions available to employers
Apply discipline in compliance with the collective agreement and the law

Management Rights

Employer actions relying on management rights are subject to limitations:
- Must not contravene the collective agreement
- Must be legal
- Must not create an estoppel through previous statements or conduct
- Must meet requirements set in the KVP Co. Ltd. case

Principle of Estoppel

If a union relies on an employer's past practices in negotiations, the employer is prohibited (estopped) from changing those practices until the next negotiation cycle.

KVP Co. Ltd. Case

Unilaterally introduced rules by the company, not agreed upon by the union, must meet specific requirements:
- Not inconsistent with the collective agreement
- Not unreasonable or unclear
- Brought to the employee's attention before action
- Employee notified of potential discharge if the rule is violated
- Consistently enforced since introduction

Seniority

Seniority is an objective factor, reflecting a member's length of service with the employer
Employment legislation often mandates continued seniority accumulation during leaves (e.g., pregnancy, parental leave)
Employees may lose jobs due to lack of seniority accumulation during absences, which can be considered discriminatory

Job Posting and Selection Process

Employers may hire part-time employees for openings instead of posting for full-time positions
Job specifications must be reasonable
Job posting procedures must be applied fairly and without discrimination.
Selection criteria in job postings and selection decisions should align

Assessing Skills and Ability

Employment tests should be reliable, valid, and fairly conducted.
Common interview process issues include: using questions irrelevant to job requirements, and overemphasizing interview results. Instead, consider prior performance appraisals and job history factors.

Ways to Increase Interview Validity and Fairness

Keep job duty and qualification information current
Limit interview use to assess only job-related skills
Use structured interview formats.
Limit pre-interview data about candidates.
Apply multiple questions to assess key attributes
Use formal scoring systems to assess each attribute separately.
Properly train interviewers on the interview process and human rights issues.

Grievance and Arbitration Process

Labour legislation necessitates detailed grievance and arbitration procedures within the collective agreement.
The agreement outlines specific time limits for each step in the grievance process, and responses from the employer.

Significance of Grievance and Arbitration

Functions:
- Provides a dispute resolution mechanism
- Enforces collective agreement compliance
- Provides a forum for additional bargaining during the agreement's term
Benefits:
- Settles disputes without disrupting work
- Resolves issues before the next negotiation cycle
Management benefits:
- Facilitates better communication and consultation between stakeholders
- Checks on the quality and consistency of management decisions
- Reduces employee turnover through involvement
Rule "Obey now, grieve later": Employee must follow management directives unless the directive is illegal, unsafe, or violates the collective agreement.

Significance for Unions and Union Officials

Provides a pressure-building tactic and a method of resisting management directives.
Increases union solidarity and provides political advantages.

Grievance Procedures

Grievance rate: Number of grievances filed divided by the number of employees
Poor labour relations often associated with high grievance rates
Ownership of the grievance: determining who decides whether a grievance is resolved, withdrawn or referred to arbitration (often the union).

Arbitration

Rights (grievance) arbitration vs. interest arbitration: Interest arbitration is common in industries where striking isn't allowed, while rights arbitration covers employee grievances.
Arbitrator selection: A Labour Relations Board usually selects arbitrators.
Caseload: A few experienced arbitrators handle a disproportionate number of cases in each province, leading to delays.

The Arbitration Hearing

Hearing process: Grievance representatives make opening statements, present evidence, examine witnesses, and deliver closing arguments.
Burden of proof: Generally, the union (filing the grievance) has the burden of proof, except in discipline and discharge cases where the company bears the burden.

Cost of Arbitration

Costs are shared equally between the employer and the union.
Arbitrator fees: typically range from $2,000 to $3,500 per day.
Payment of costs: paid by the union from dues, not the employee

Power of the Arbitrator

Arbitrator Powers: To remove disciplinary action, substitute lesser discipline if appropriate, but not award punitive damages.
Other remedies: Can order other remedies like compensation, correcting employee records, etc.
Enforcement: Arbitrator decisions can be legally enforced as in an ordinary court order.

"Justice Delayed"

Delay in awards: Commonly 6-9 months, primarily due to the pre-hearing stage
Arbitrator Concentration: A small number of prominent arbitrators handle a big portion of cases in Ontario, which contributes to delays.
Significant impact to both employees and employers

Importance of Delays

Delays in decisions can have substantial impacts for employees (lost income or opportunity cost) and employers (impact on operations).

Alternatives to Conventional Arbitration

Expedited Arbitration: Enables faster resolution by establishing shorter time limits.
Grievance Mediation: Confidential process where a neutral mediator helps the parties negotiate a settlement.

Expedited Arbitration

Statutory option in Ontario (OLRA since 1979)
Governement often assigns sole arbitrator from the designated list
Hearing commences within 21 days of referral
Reduces delays and expense through written evidence, and reduced number of witnesses.

Grievance Mediation

Confidential process, using neutral third-party mediator
Mediation is "without prejudice"—concessions are not binding in subsequent arbitration.
High success rate (>80%)
Faster, more cost-effective, and less adversarial than arbitration.

Discipline and Discharge

Burden of Proof: Employer bears the onus (burden) of proof.
Just Cause Limitations: Employer's power to discipline is limited to actions undertaken for just cause.
Discharge vs. Discipline: Discharge is punitive; discipline is corrective

Discipline

Traditional methods: warnings, suspensions, discharge
Uncommon methods: demotion, wage cuts
Restrictions: Monetary penalties or loss of seniority are disallowed except where stated in the collective agreement. Employers can only discipline employees once for one incident.

Progressive Discipline

Increasingly severe disciplinary actions for repeated offences
Focus on bringing misconduct to the attention of the employee during the progressive stages of the disciplinary process. Often used in unionized workplaces.
Culminating incident: in severe cases, additional offences may lead to dismissal when considering past performance.

Grounds for Discipline

Grounds for imposing discipline: failure to attend work, unauthorized absences, tardiness, theft, falsification of records, misconduct, incompetence, insubordination, off-duty behaviour affecting the employer's business operations, and breach of company rules.

Factors Arbitrators Consider

Arbitrators consider the seriousness of the misconduct, the employee's length of service, history of prior incidents, provocation by management or co-workers, whether the penalty causes undue economic hardship and the consistency and fairness of the disciplinary rules. The employee's apology may be a consideration.

Next Week

Mock Arbitration Activity

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Description

Test your knowledge on the employment grievance process, including key concepts such as seniority, grievance calculations, and collective agreements. This quiz covers essential rules and principles that affect employees and employers in labor negotiations.