A Union Filed a Grievance on Behalf of an Employee

question 91

Multiple Choice

A union filed a grievance on behalf of an employee who was terminated for alleged misconduct. The employer subsequently sent a letter headed "without prejudice" to the union offering to settle the grievance by reinstating the employee with a 10 day suspension. The union declined the employer's offer and the matter is proceeding to an arbitration hearing. In this situation, which of the following is correct:

• A) The employer is required to inform the arbitrator of the offer to settle the grievance.
• B) The arbitrator can consider the employer's offer to reinstate the employee when determining the appropriate penalty.
• C) The employer's offer to settle in the letter cannot be referred to at the arbitration hearing.
• D) The burden of proof shifts to the union.
• E) The employer will be awarded costs if the arbitrator upholds the termination.

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Definitions:

Recursive Call

A programming technique where a function calls itself in order to solve a problem by breaking it down into smaller, more manageable sub-problems.

Unlimited Copies

A concept signifying the ability to create infinite replicas of a digital asset or document without loss of quality or authenticity.

Recursive Call

A method or function that calls itself within its own code, often used to solve problems by breaking them down into simpler, similar problems.