Labour and Employee Relations Module 5 - Dispute Resolution

Question 1

What is a grievance?

Answer 1

An alleged violation of the collective agreement and a claim for redress of any damages.

Question 2

What is an application grievance?

Answer 2

When the parties agree on the meaning of the clause but not on its “application” to a situation.

Question 3

What is an interpretation grievance?

Answer 3

When the parties do not agree on the meaning of the clause?

Question 4

What are the steps in the grievance process?

Answer 4

1. presented in writing to management
2. present to more senior management
3. present to even more senior management and union representative
4. scheduled for arbitration

Question 5

What is arbitration?

Answer 5

An arbitrator performs a function similar to a judge by making a binding decision to resolve the dispute between parties.

Question 6

What is mediation?

Answer 6

The attempt to settle a legal dispute through the active participation of a third party (mediator), who works to find a point of agreement and encourage those in conflict agree on a fair result.
Mediation is less formal than arbitration and acts as a facilitator not a judge.