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32 - OBHR 3P96 > Chapter 7,8,9,10 Terms > Flashcards

Chapter 7,8,9,10 Terms Flashcards

1
Q

7 Arbitration

A

is a dispute resolution method in which management and union representatives present evidence and arguments to a third party.

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2
Q

7 Articles

A

are the terms or clauses in a collective agreement.

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3
Q

7 Bargaining unit work

A

is the work normally done by employees in the bargaining unit.

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4
Q

7 Bumping or bumping rights

A

is the displacement of an employee by another who has more seniority and would otherwise be laid off.

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5
Q

7 Closed shop

A

is a place of work in which an individual must be a union member before being hired; new employees are hired through the union.

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6
Q

7 Collective agreement

A

is a formal agreement between an employer and the union representing a group of employees regarding terms and conditions of employment.

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7
Q

7 Contracting out

A

occurs when an employer arranges for another firm to do work that is or could be done by the employer’s own employees.

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8
Q

7 Cost-of-living allowances (COLA)

A

are provisions that provide an increase in pay for employees based on a formula linked to the rate of inflation.

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9
Q

7 Deemed termination

A

is a contract term providing that an employee is dismissed if he or she is absent for a specified time.

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10
Q

7 Directory time limits

A

are viewed as a guide and it is possible that the grievance will be allowed to proceed even if the time limit is not met.

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11
Q

7 Dues check off

A

is the deduction of union dues from employees’ pay by the employer and remittance of the dues to the union.

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12
Q

7 Expedited arbitration

A

is an alternative arbitration process that provides for a faster result.

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13
Q

7 Grievance

A

is an allegation that the collective agreement or an employment statute has been violated, together with the remedy that is claimed to rectify the situation.

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14
Q

7 Grievance procedure

A

is a series of steps in which union and employer representatives at progressively higher levels meet to try to resolve the dispute.

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15
Q

7 Group grievance

A

is an allegation by a number of employees that the employer has violated the collective agreement or a statute in the same manner for all the employees affected and a statement of the remedy sought.

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16
Q

7 Hybrid seniority

A

provision combines sufficient and relative ability.

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17
Q

7 Individual grievance

A

is an allegation by an employee that the employer has violated the collective agreement or a statute and includes a statement of the remedy sought.

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18
Q

7 Lockout

A

is an employer’s refusal to allow unionized employees to work in order to force the union to agree to certain terms of employment.

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19
Q

7 Maintenance of membership

A

is a type of union security in which employees are not required to join the union as a condition of employment, but all workers who voluntarily join must maintain their membership for the duration of the agreement as a condition of employment.

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20
Q

7 Management rights

A

is an article providing that management retains the authority to manage the organization, except as otherwise provided in the collective agreement.

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21
Q

7 Mandatory terms

A

are provisions that must be included in collective agreements because they are required by legislation.

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22
Q

7 Mandatory time limit

A

must be met and the grievance might be dismissed if a step is not taken within the time allowed.

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23
Q

7 Modified union shop

A

is a place of work in which non-union employees already employed do not have to join the union, but all new employees must join, and those already members must remain in the union.

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24
Q

7 Open shop

A

is a place of work in which union membership is not required for an individual to obtain a job or continue employment.

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25
Q

7 Policy grievance

A

is an allegation by either the union or the employer that the other has violated the collective agreement.

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26
Q

7 Prohibited terms

A

are articles that cannot be included in a collective agreement as such language is contrary to legislation governing the workplace(s) located in the jurisdiction(s).

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27
Q

7 Rand formula or agency shop

A

is a collective agreement term requiring the deduction of union dues from all employees in the bargaining unit, even for those employees who decide not to formally join the union.

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28
Q

7 Recall notice

A

The agreement will usually provide that employees who have been laid off will be recalled to work in order of seniority.

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29
Q

7 Relative or competitive ability clause

A

is a provision that seniority will only be referred to if the skill and ability of two employees competing for a job are relatively equal.

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30
Q

7 Reserved or residual rights

A

is a theory that the employer has all rights to manage the organization except as expressly restricted by the collective agreement.

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31
Q

7 Rights arbitration

A

is a dispute resolution method using a third party to make a final and binding decision regarding an unresolved grievance arising from the collective agreement.

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32
Q

7 Seniority

A

is an employee’s length of service with the employer.

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33
Q

7 Steward

A

is an elected union local official who assists employees with issues, including grievances, that arise in the course of administration of the collective agreement.

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34
Q

7 Strike

A

is the refusal to work or the restriction of output by unionized employees.

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35
Q

7 Sufficient ability clause

A

is a provision that the employee with the most seniority is awarded a job provided he or she has enough ability.

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36
Q

7 Sunset clause

A

is language in a collective agreement that effectively removes from the employee’s record previous discipline after a certain period of time or a length of time in which the employee has been “discipline-free.”

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37
Q

7 Super-seniority

A

is a provision that specified union officers will be the last to be laid off.

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38
Q

7 Union recognition

A

is a required article in a collective agreement stating that the employer recognizes the union as the sole bargaining agent for a specified group of employees.

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39
Q

7 Union security

A

may be understood as measures taken by the union in collective bargaining to help “secure” the ongoing presence and influence of the bargaining agent in a unionized work setting.

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40
Q

7 Union shop

A

is a place of work in which new employees do not have to be union members to be hired but must become union members within a specified number of days.

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41
Q

7 - Voluntary terms

A

are articles that the union and management agree to include in collective agreements even though not required by legislation.

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42
Q

8 - Attitudinal structuring

A

refers to the parties’ relationship and what they do to change it.

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43
Q

8 Bargaining structure

A

refers to the number of unions, employers and establishments involved in contract negotiations.

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44
Q

8 Caucuses

A

are separate meetings of members of the union or management bargaining teams used to discuss strategy or decisions related to negotiations.

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45
Q

8 Centralized bargaining

A

refers to negotiations that cover more than one location, bargaining unit or employer.

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46
Q

8 Decentralized bargaining

A

refers to negotiations between one employer and one union for one location.

47
Q

8 Distributive bargaining

A

is a negotiation activity whereby limited resources are divided between the parties.

48
Q

8 Duty to bargain in good faith

A

means that both the union and the employer must make reasonable efforts to reach agreement.

49
Q

8 Final offer vote

A

is a vote by employees on an offer made by the employer.

50
Q

8 First contract arbitration

A

provides for the imposition of an agreement where efforts to reach a first contract have failed.

51
Q

8 Hard bargaining

A

is a legitimate attempt to obtain a favourable agreement.

52
Q

8 Industry bargaining

A

is a centralized bargaining structure in which one negotiation covers all employees in an industry

53
Q

8 Initial position

A

is a party’s first offer or demand in negotiations.

54
Q

8 Integrative bargaining

A

is negotiation in which the parties’ objectives are not in conflict and joint gain is possible

55
Q

8 Interest-based bargaining

A

is an approach to negotiations in which the parties use problem solving and attempt to find a settlement that produces gains for both.

56
Q

8 Intra-organizational bargaining

A

refers to activities within each side to build a consensus.

57
Q

8 Monetary issues

A

are issues that involve a direct financial cost.

58
Q

8 Non-monetary issues

A

are issues that do not involve a direct financial cost.

59
Q

8 Pattern bargaining

A

occurs when a union negotiates an agreement with one employer and then attempts to have it copied with other related employers

60
Q

8 Ratification vote

A

is one in which employees approve or reject an agreement that has been negotiated by the parties.

61
Q

8 Resistance point

A

is a negotiating party’s bottom line—the least favourable offer it will accept.

62
Q

8 Statutory freeze

A

is a period when the employer is prohibited from making changes in the terms of employment unless the change is carrying on a “business as usual” basis.

63
Q

8 Surface bargaining

A

is bargaining aimed at avoiding an agreement

64
Q

8 Target point

A

is the result a negotiating party hopes to achieve.

65
Q

8 Whipsawing

A

involves establishing an agreement with one party and then using the agreement to pressure others.

66
Q

9 Arbitration

A

is a dispute resolution method in which management and union representatives present evidence and arguments to a third party.

67
Q

9 Back-to-work legislation

A

ends a strike or lockout and usually imposes interest arbitration to settle all unresolved bargaining issues between the parties.

68
Q

9 Chilling effect

A

refers to parties’ unwillingness to make concessions during negotiation.

69
Q

9 Conciliation board

A

is a three-person panel that hears the bargaining positions of the parties on unresolved items to be dealt with in collective bargaining and then makes recommendations for a settlement.

70
Q

9 Conciliation officers

A

are government ministry employees who attempt to assist the parties to reach an agreement on the unresolved issues in collective bargaining.

71
Q

9 Cooling-off period

A

is the time the parties must wait after conciliation before they can strike or lockout.

72
Q

9 Fact-finding

A

is a process found in some private and public-sector labour relations statutes.

73
Q

9 Final offer selection

A

is a type of interest arbitration in which the arbitrator chooses between the union’s and employer’s offers.

74
Q

9 Hot cargo clause

A

allows employees to refuse to work with goods associated with an employer engaged in a labour dispute.

75
Q

9 Injunction

A

is a court-ordered, time-limited restriction on the location, timing or extent of picketing during a legal strike.

76
Q

9 Interest arbitration

A

involves a third-party process of hearing the parties and imposing the final terms of a collective agreement.

77
Q

9 Item-by-item final offer selection

A

the arbitrator chooses between the union and the employer offers separately for each contract issue.

78
Q

9 Lockout

A

is an employer’s refusal to allow unionized employees to work in order to force the union to agree to certain terms of employment.

79
Q

9 Mediation-arbitration (med-arb)

A

sees the third party first act as a mediator, and if no agreement is reached then as an arbitrator to settle the dispute.

80
Q

9 Mediators

A

attempt to assist the parties by actively engaging in union–management negotiations and introducing possible alternatives in contract proposals to facilitate a settlement on outstanding bargaining issues.

81
Q

9 Narcotic effect

A

refers to the parties losing the capability to negotiate their own agreement.

82
Q

9 No-board report

A

confirms that a conciliation board will not be appointed and begins the countdown to when a strike or lockout may commence.

83
Q

9 Rotating strikes

A

occur when employees at different locations alternately stop working.

84
Q

9 Secondary picketing

A

refers to picketing at a location other than the workplace of striking employees.

85
Q

9 Strike

A

is the refusal to work or the restriction of output by unionized employees.

86
Q

9 Strike pay

A

is money paid by the union to members participating in picketing or other strike-related duties.

87
Q

9 Total-package final offer selection

A

the arbitrator selects all of the union’s or the employer’s offer.

88
Q

9 Wildcat strike

A

is an illegal strike that has not been authorized by the union.

89
Q

9 Work-to-rule

A

campaign is a work slowdown carried out by strictly adhering to work rules and the collective agreement.

90
Q

10 Agreed statement of facts

A

sets out the matters that the parties have agreed upon.

91
Q

10 Arbitrability

A

refers to whether an arbitrator has authority to hear a dispute.

92
Q

Argument in the alternative

10 refers to a party making an argument it wishes the

A

arbitrator to accept if its primary argument is not accepted.

93
Q

10 Burden of proof

A

refers to who must prove the facts in dispute.

94
Q

10 Constructive layoff

A

refers to the reduction of hours for some employees.

95
Q

10 Culminating incident

A

is a further occurrence of employee misconduct that becomes the cause for dismissal when considering the individual’s total disciplinary history.

96
Q

10 Culpable absenteeism

A

is absenteeism in which the employee is at fault or there is blameworthy conduct.

97
Q

10 Duty of fair representation

A

prohibits the union from acting in a manner that is arbitrary, discriminatory or in bad faith.

98
Q

10 Estoppel

A

is a legal concept providing that if a party makes a representation that an issue will be dealt with in a manner different from the provisions of the collective agreement, it will not be able to later insist upon the collective agreement being enforced as written.

99
Q

10 Expedited arbitration

A

is an alternative arbitration process that provides for a faster result.

100
Q

10 Grievance mediation

A

is a confidential process in which a mediator helps the parties negotiate a settlement to a grievance.

101
Q

10 Grievance rate

A

is the number of grievances filed divided by the number of employees in the bargaining unit.

102
Q

10 Innocent absenteeism

A

is absenteeism where the employee has no control over the absence from work.

103
Q

10 Interest arbitration

A

involves a third-party process of hearing the parties and imposing the final terms of a collective agreement.

104
Q

10 Last chance agreement

A

provides that an employee guilty of misconduct will be retained or reinstated subject to conditions being met and will be discharged if the agreement is breached.

105
Q

10 Minutes of settlement

A

of settlement or memorandum of settlement is a document that sets out the terms of an agreement to resolve a grievance.

106
Q

10 Obey now, grieve later

A

is a rule that summarizes the requirement that employees must obey management instructions and then file a grievance at a later time.

107
Q

10 Onus

A

is the legal burden of responsibility to prove a presented case at arbitration.

108
Q

10 Ownership of the grievance

A

refers to the issue of who decides whether a grievance is filed, settled, withdrawn or referred to arbitration.

109
Q

10 Privileged communications

A

refers to discussions that cannot be referred to at an arbitration hearing.

110
Q

10 Progressive discipline

A

means that the employer imposes a lesser penalty for a first offence and applies more severe penalties if there is further misconduct.

111
Q

10 Rights arbitration

A

is a dispute resolution method using a third party to make a final and binding decision regarding an unresolved grievance arising from the collective agreement.

112
Q

10 Waiver

A

is a legal concept meaning acceptance of the rule that if a party does not object to a procedural error it cannot raise the issue later.

113
Q

10 Without precedent

A

is a basis for settlement that means it cannot be referred to in any subsequent proceedings.

114
Q

10 Without prejudice

A

is a label identifying documents that cannot be referred to at a subsequent arbitration hearing.

32 - OBHR 3P96 (10 decks)

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