Grievances & Arbitration

Case study:

A firefighter was terminated for what the city called a breach of it's policy on social media.

The termination letter indicated that members of the fire service are in a position of public trust. This trust is paramount to the division's ability to carry out its work and deliver critical services to all residents. The city is committed to ensuring an environment that is free from discrimination or harassment in the workplace and in the broader community.

The terminated firefighter, Donny Trump, has filed the below grievance form:

Statement of the Grievance:

I was fired for conduct outside of work. I admit my comments were not appropriate, but I do not think it was fair to fire me. I am a good employee.

Settlement desired:

I am sorry for my behavior and I will not do it again

Question - T or F: In the above case, if the City is not able to establish they have "just cause" for the discipline of the unionized firefighter at arbitration, the City can always just change the termination to a without cause termination and pay any notice of termination or severance payments under the employment standards act as a way to ensure the firefighter remains terminated.

	True
	False

Donny Trump is grieving his termination as a result of his social media activity. This grievance is an example of a:

	Group grievance
	Policy grievance
	Management grievance
	Individual grievance

What key information is missing from the Statement of Grievance?

	The details of what he wrote
	The reason why he made the comments
	The article(s) of the collective agreement that he is alleging have been violated by the employer
	The reason why he likes to be a firefighter

Which of the following is an option for the Union in dealing with Donny Trump's grievance?

	Withdraw the grievance
	Proceed to arbitration
	Settle the grievance
	All of the above

Who should have helped Donny Trump to prepare his written grievance?

	His immediate supervisor
	His personal lawyer
	A representative of the Union
	His immediate family

The grievance has gone to arbitration. Who pays the fees of the arbitrator?

	The party that initiated the grievance
	Each party pays of the arbitration costs
	The party that selected the arbitrator
	The employer

In preparing for arbitration, the management team at the City is planning to establish they had just cause to discipline Donny Trump for his violation of the social media policy. This argument will be strongest when:

	The employer has clearly communicated to the employees the importance of respectful behaviour on social media
	The policy has been consistently enforced, with disciplinary action for breaches of this policy
	Employees have been trained, on a regular basis, on the requirements of this policy
	All of the above have been done

When reading Donny Trump's grievance form, what is the main concern with the "Settlement Desired" section?:

	It doesn't indicate the actual settlement the grievor desires (i.e. reinstatement, payment, etc).
	No concerns, it is clear, concise and to the point
	The grievor needs to explain why he made the inappropriate comments on the grievance form
	The grievor needs more information on how he feels about social media and the employer's social media policy

Under a collective agreement grievance process, a grievance may be filed by:

	The Union
	An employee (with the Union's support / signature)
	Management
	All of the above

The arbitrator, for the formal arbitration hearing, would normally be an impartial senior manager of the company that is the subject of the grievance, often a president or vice-president of human resources for the company.

	True
	False

What is the standard of proof required in arbitration hearings?

	Beyond a reasonable doubt
	Balance of probabilities
	Both standards can be applied
	Neither standard can be applied

The Local Union President is pretty new, and she doesn't understand why you are bothering with this grievance. Reasons for proceeding with this grievance include:

	The union must fully investigate the grievance and make a reasonable determination based on a consideration of all the facts
	The union has the Duty of Fair Representation
	The union cannot act towards its members in a manner that is arbitrary, discriminatory, or in bad faith
	All of the above
	None of the above

The party that would proceed first (and has the onus to prove their case) for the arbitration hearing about Donny Trump's grievance is:

	Union
	Donny
	The arbitrator
	Management

The Union presented evidence to argue for a reduced discipline. Which of the following arguments would not be presented as a mitigating factor?

	Another employer in the same industry had immediately offered the grievor a new job, at a higher salary when they heard he was available for employment.
	The grievor's comments were spur of the moment and not reflective of his true feelings, were meant to be private, and were made outside of work, not during the course of his work or related to his employment
	The grievor had worked for the employer for a long time and had a good work record for the entire time.
	The grievor was immediately remorseful about his actions, learned from his mistake, and would not repeat them in the future.

Under cross-examination, Management asked Donny Trump (the grievor) if he was aware of the Social Media Policy, and if he had ever attended training on this policy. Management was trying to establish:

	The grievor understood the employer's policies and the employer's expectations of him as an employee
	That the grievor was not able to handle the pressure of fighting a fire
	That the grievor was not very good at learning
	All of the above

What is a grievance?

	A violation of an individual employment contract
	A complaint that a manager is not very good at their job
	A dispute alleging a violation of the collective agreement
	All of the above

Most grievances are resolved:

	During the internal grievance procedure
	By a formal arbitration hearing decision
	At the human rights tribunal
	By the Labour Relations Board

The arbitration board dismissed Donny Trump's grievance. This means:

	The union's position was upheld and the grievor's employment is terminated
	The union's position was upheld and the grievor can come back to work under probation
	Management's position was upheld and the grievor will not be reinstated.
	Management's position was upheld and the grievor will be allowed to come back to work without pay for one month

During a grievance meeting:

	The discussions between the parties are "without prejudice" and cannot be introduced as evidence in an arbitration hearing
	The discussions will be recorded and will be played for the arbitrator prior to the opening statements in order to provide appropriate background information to the arbitrator.
	Everything said can and will be used against you in the arbitration hearing
	The discussions between the parties can be introduced as evidence and directly referred to in an arbitration hearing

In most cases, an employee can stop working until their grievance is resolved.

For example, if an employee filed a grievance stating that their summer vacation request was improperly denied by their manager, the employee does not have to continue to work until their grievance is resolved.

	True
	False

The Duty of Fair Representation refers to:

	The requirement that a union takes a members grievance to arbitration if the member requests
	The requirement that a union not act in a manner that is arbitrary, discriminatory or in bad faith in representing employees
	The requirement that a union represent political causes in a fair and balanced way
	The requirement that a union provide legal counsel of the member's choice at arbitration

At arbitration for a discharge grievance, if an arbitrator determines that the employer had just and reasonable cause to issue discipline, the arbitrator would next consider:

	no further consideration is needed, grievance would be dismissed
	was the employer's decision to discharge the employee an excessive response in all of the circumstances of the case?
	what alternative discipline should be given instead of the discharge?
	given that the griever was discharged, the arbitrator would then have to consider monetary damages

Settling a grievance during the internal grievance procedure:

	is usually more expensive than going to arbitration
	is usually worse for the parties relationship than going through the arbitration process
	does not allow the parties to create their own settlement
	none of the above

An arbitration award issued by an arbitrator at the end of the arbitration hearing is a public document

	True
	False