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ADM 3334 Chapter 10
| Question | Answer |
|---|---|
| limitations of management rights | must be legal, can't contravene other provisions of CA, can't create estoppel, must meet requirments |
| estoppel | if party says that an issue will be dealt with in manner diff than CA, not able to later insist upon CA being enforced, can't be established if only fail once to enforce CA |
| seniority continues to accumulate | even during leave or layoff unless specified by CA, layoff ppl still employees until CA states otherwise - but lose if terminated for cause or fail to return after leave |
| when can't employer use part time | when CA requires vacancies to be posted in workplace so need fulltime |
| constructive layoff | unless agreeement provides otherwise, employer can reduce hours and not seen as layoff |
| job posting requirements | unless job opening is for position employee on recall laid off from, must comply with job posting, emphasize seniority |
| remedies at arbitration | some intervene when decision process unreasonable, others look. into if decision correct |
| when can't we use BFOQ | if can be accomodated |
| whe is a union discriminatory | particiapte in forming of rule that discriminates, impedes on employers efforts to accomodate |
| disbaility and discpline | can't be disciplined for behavior caused by disability |
| last chance agreement | applied to certain human rights accomadations, when invovle person with disability, can't impose conditions more onerous than those on others and impose undue hardship |
| accomadation vs seniorirty | accommodation can override seniority to give person with disability preference |
| employees have 3 obligations in accomodation | communicate needs, cooperate with employer, accept reasonable attempts to accomodate |
| greivance and arbitration process | not with courts, it is way to dispute concerns, ensure compliance with CA, provides forum for additional bargaining |
| benefits of greivance and arbitration | - for employers, provides communication, reduce turnover, consistent decisions - for union, pressure tactice, poltical benefits - for employees, job security, outside help - overall, less disruptions |
| greivance rate | number of greivances filed divided by number of employees in bargaining unit |
| ownership of grievance | who decided to file greivance, settle, withdraw is owner, usually union and not employee |
| priviledged communication | can't be referred to in arbitration hearing and any admission or settments in greivance meetings can't be used as evidence |
| without prejudice | docs cant be referred to at hearings |
| waiver | legal concept meaining acceptance of rule that if party doesn't object to procedural error, can't raise issue later |
| without precedent | settlement cant be referred to in any subsequent precedings |
| arbitrators authority | allowed to do whatever is necessary to conduct hearing |
| obey now greive later | unless rule illegal, obey now and then file greivance later |
| minutes or settlement | if greivance settled prior to conclusion of arbitration hearing, must be in wrriting |
| agree statement of facts | set out matters both parties have agreed upon |
| burden of proof | party filing greivance must provide it unless in relation to discharge or discipline |
| argument in alternative | neither union nor employer restricted to putting foward only one claim or defence |
| arbitrability | whether arbitrator has authority to hear dispute and make decsision |
| greivance mediation | confidential process where mediators help parties settle instead of binding agremeent, voluntary and faster |
| mediation is better for.... | seniority bc arbitrator more differential |
| grounds for discpline | impacts business interest, termination must be based on cumulating incidents with progressive discipline |
| progressive discipline stages | verbal, written, suspension without pay, dismiss |
| misconduct and arbitration | if employer doesnt give reason for discipline, can't rely on this during hearing |
| discpline restrictions | - can't reduce senioirty, can't impose discpline twice for same incident, like 1 day leave and then change to 3 days, can't impose monetary fine unless CA says so |
| 3 areas to dispute rights arbitration | procedural requirment of agreement, factural matter, appropriateness of penalty |
| discpline and termination cases are on.. | case by case basis |
| last chance | employee reinstated subject to conditions being met, arbitrator has authority to reinstate |
| culpable vs innocent absenteeism | culpable if absent and employee at fault innocent if absent due to factors outside of control like sick |
| duty to fair rep | duty to act fairly, don't follow instructions of employees, breach if unfair labour practice |
Created by:
emilysun77