Collective Agreement (12)

Question 1

Workplace Norms

Answer 1

Norms or expectations that arise in workplace as a result of past practices or relationships that can influence behaviour at work, even though they are not codified or statutes

Question 2

Seniority

Answer 2

Measure of an employee’s length of service with an employer

Question 3

Bumping Rights

Answer 3

entitlement found in the terms of a collective agreement that permits a more senior employee to displace a junior employee in the case of a temporary or permanent downsizing of the workforce

Question 4

Just Cause Provision

Answer 4

Term in collective agreement between a union and an employer that requires that the employer demonstrates “just cause”, or a good business reason, to discipline or dismiss an employee

Question 5

Default Contract Clause

Answer 5

Term that must be included in a contract (including C.A) unless the contracting parties agree otherwise

Question 6

Reserved Management Rights

Answer 6

Presumes that unionized employers retain basic rights to run their business as they deem fit, subject to any statutory or contractual restrictions bargained by the union.
These rights are sometimes called residual management rights.

Question 7

KVP Test

Answer 7

1. Must not be inconsistent with the c.a
2. Must not be unreasonable
3. Must be clear
4. Must be brought to the attention of the employee affected before the company can act on it
5. The employee concerned must have been notified that a breach of such rule could result in discharge (consequences)
6. Rule consistently enforced by the company from the time it was introduced

Question 8

Russell Steel Decision

Answer 8

Leading authority for the reserved management rights approach to c.a. interpretation
Case: c.a. included no restrictions on right of employers to contract out the trucking jobs = employer right to do so = grievance dismissed
Bc reserved management rights = if not mentioned = to the discretion of the employer

Question 9

The Laskin Approach

Answer 9

Requires employers to negotiate managerial prerogatives with the union rather than simply inherit them from arbitrators through the concept of reserved management rights

Question 10

Implied standard of reasonableness

Answer 10

good faith, honest, decisions made were legitimate and focused to remedy an issue

Question 11

Pressing business interest

Answer 11

c’est pressant. par exemple s’il n’y a aucun problème dans la compagnie et que l’employeur installe des caméras sans le dire aux employés pour les surveiller = opposer de pressing business interest pcq il n’avait aucun motif à la base.