Question
A collective agreement: Is the negotiated employment contract that governs the working conditions for those employees in the bargaining unit. Includes all the employer policies
A collective agreement:
Is the negotiated employment contract that governs the working conditions for those employees in the bargaining unit. | |
Includes all the employer policies that apply to workers in that bargaining unit | |
Is a contract that the union, employees in that bargaining unit, and management must comply with | |
A and C only | |
All of the above |
A clause in a collective agreement:
Is a subsection of an article | |
Is normally numbered | |
Usually indicates a section of the collective agreement that is a recommendation, but not a requirement, for management to follow. | |
(a) and (b) only | |
All of the above |
Who would be the successful applicant for the position of "Analyst" given the below collective agreement language:
"(a) The Employer shall first conduct an internal competition and fill vacancies from within the bargaining unit with a candidate who meets the qualifications as determined by the Employer.
(b) After completing an internal competition which did not yield a qualified Union member, the Employer may then consider candidates from outside the bargaining unit." Note: Pass on written test and interview set at 70% in order to be considered qualified
Seniority date: January 1999 - Scored 55% on the written test and 61% on the interview | |
Seniority date: February 2012 - Scored 45% on the written test and 63% on the interview | |
Seniority date: June 2018 - Scored 73% on the written test and 74% on the interview | |
Seniority date: None - external applicant - Scored 78% on the written test and 76% on the interview |
The collective agreement can contain articles about all of the following except:
Educational leave | |
Hours of work | |
Management rights | |
Grievances | |
The collective agreement can contain all these articles |
Who would be the successful candidate for the job of "General Labourer" given the below collective agreement language:
"Appointment shall be made of the applicant having the greatest seniority and the required qualifications, academic or otherwise for the position available"
Note: pass on test and interview is set at 60%
Seniority Date: March 2000 - Does not meet required qualifications of position | |
Seniority Date: April 1988 - Does not meet required qualifications of position | |
Seniority Date: May 2010 - Scored 89% in written test and 90% in interview | |
Seniority Date: August 2009 - Scored 79% in written test and 75% in interview |
When management creates company rules for their employees to follow, in order to be enforceable, they should:
be reasonable | |
be communicated to employees | |
be consistently enforced | |
all of the above |
The parties can agree in a collective agreement that the human rights code will not apply in their workplace
True | |
False |
If an employee, covered by the collective agreement language below, worked one 9 hour day and then took on an addition 7.5 hour shift (ie: an extra shift), how many overtime hours did they work in total in that two week pay period?
Collective Agreement Article: Overtime
An employee who works in excess of seven and one-half (7) hours per day or seventy-five (75) hours in a two (2) week pay period, shall be paid at a rate of one and one-half (1) times her regular straight time hourly rate for all hours worked in excess of seven and one-half (7) hours per day or in excess of seventy-five (75) hours in a two (2) week pay period.
1.5 | |
9 | |
7.5 | |
11 |
What factor(s) would go into determining an employee's hourly rate of pay for their paid vacation days given the below collective agreement language:
"An Employee's vacation period and pay shall be based on their standard work week and their standard rate of pay but shall not include any shift premiums, overtime, or other increments."
overtime rate | |
night shift premium | |
regular hourly rate | |
all of the above |
In the interpretation of collective agreements
their words must be read in their entire context, in their grammatical and ordinary sense, harmoniously with the scheme of the agreement, its object and the intention of the parties | |
their words must be read with consideration to that clause specifically, without being influenced by other clauses or articles, or the intention of the parties | |
their words must be read as per the oxford dictionary, without being influenced by the scheme of the agreement, its object or the intention of the parties | |
the main consideration should be past practice, without any focus on the ordinary or grammatical sense of the words or the intention of the parties |
When there is a disagreement over the interpretation of ambiguous language in the collective agreement how does the arbitrator determine what the language is intended to mean?
Find out how the language has been previously interpreted by other arbitrators. | |
Find out what the legislation requires on the matter, if anything. | |
Look to the collective bargaining history or notes made during the negotiation of that article | |
Determine how the company has interpreted the language in the past. | |
All of the above. |
When interpreting collective agreement language, extrinsic evidence is
a detailed examination of how the language fits with the overall context of the agreement | |
evidence outside the words in a collective agreement, such as past practice or negotiating history | |
evidence of the exact interpretation of the language from the detailed words of the agreement | |
evidence within the collective agreement language, such as the use of "and" or "or" |
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