20 Questions
What is the exclusive right of the certified association in collective negotiation known as?
Monopoly
What are the potential fines for the employer failing to collect union dues for the first offense?
$100 - $500
What must a certified association do in terms of representing employees in the bargaining unit?
Act in good faith and represent all employees
What is the consequence if the association abandons or refuses to file a grievance on behalf of employees without justification?
It would be in violation of its obligations
What is the employer's obligation regarding the collection of union dues?
Obligated to collect dues established by the union
What is the consequence of the association being grossly incompetent with errors?
It would be liable for damages
What is the employer prohibited from doing in the collective bargaining process?
Directly negotiating with individual employees regarding work conditions
What is the consequence of the lack of personnel/resources as a justification for not representing an employee?
It is not a valid justification
What is the association obligated to do in terms of representing employees fairly?
Represent fairly, competently, and with integrity
What is the employer's obligation regarding the association's established union dues?
Obligated to collect and remit the dues to the association
When can a union refuse to file a grievance?
If it assesses it as unwarranted
What happens if a union fails to represent an employee?
Recourse must be taken within 6 months
To whom does the collective bargaining agreement (CBA) belong?
The employees
When does a CBA take effect?
When duplicate originals are signed and filed
Under what circumstances can a tribunal cancel a union's certification during a raiding period?
If the association ceases to exist or no longer comprises the majority of the bargaining unit's employees
What determines the transfer of rights and obligations under a CBA?
Continuity of the undertaking
What is the purpose of raiding periods?
To allow new associations to present petitions
What happens if a CBA is not filed within 60 days?
Another raiding period opens
Under what circumstances can a secret ballot be conducted during a raiding period?
To determine certification when multiple petitions are presented
What is the timeline for recourse if a union fails to represent an employee?
Within 6 months
Study Notes
Union Grievance Filing, CBA Transfer, Raiding Periods, and Revocation of Certification
- Employees do not have an absolute right to file a grievance; the union has discretion, but must exercise it honestly and in good faith.
- The union can refuse to file a grievance if it assesses it as unwarranted, and there are time limits for filing grievances.
- If a union fails to represent an employee, recourse must be taken within 6 months, and the union may be ordered to pay damages if the failure is not in good faith.
- The collective bargaining agreement (CBA) belongs to the employees, and its rights and obligations transfer to new unions and employers in certain cases.
- The transfer of rights and obligations under a CBA applies to various business changes, including bankruptcy and subcontracting.
- The determination of a transfer depends on the continuity of the undertaking, such as acquiring the clientele and maintaining employee duties.
- Raiding periods allow new associations to present petitions if certain conditions are met, and there are specific timelines for raiding periods based on the length of the CBA.
- Multiple petitions can be presented by different associations during the same raiding period, and a secret ballot may be conducted to determine certification.
- A CBA only takes effect when duplicate originals are signed and filed, and if not filed within 60 days, another raiding period opens.
- The tribunal may cancel a union's certification during a raiding period if the association ceases to exist or no longer comprises the majority of the bargaining unit's employees.
Test your knowledge of union grievance filing, CBA transfer, raiding periods, and revocation of certification with this comprehensive quiz. Explore the rights and obligations of employees and unions, as well as the specific timelines and conditions for different processes within the labor relations framework.
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