A Collective Agreement Does Not Contain Any Provisions Relating to Contracting

question 97

Multiple Choice

A collective agreement does not contain any provisions relating to contracting out. The employer has contracted out work resulting in a layoff of four bargaining unit employees. If a grievance is filed which of the following is correct:

• A) The grievance is inarbitrable because there has not been a breach of the agreement.
• B) The grievance is arbitrable because it involves a dispute between the union and the employer.
• C) A court will determine if the dispute is arbitrable and then refer it to an arbitrator if necessary.
• D) If it is determined that the grievance is inarbitrable the employees can sue for wrongful dismissal.
• E) The employees can sue the employer for wrongful dismissal without a prior ruling on the arbitrability of this dispute.

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Definitions:

Illegality of Object

The principle that a contract is void if it involves actions or outcomes that are illegal or against public policy.

Cocaine

Cocaine is a powerful stimulant drug derived from the leaves of the coca plant, often used recreationally for its euphoric effects but illegal in many jurisdictions.

Rescission

The act of cancelling a contract, returning all parties to their pre-contractual state, often due to mistakes, fraud, or misrepresentation.

Fraudulent Misrepresentation

False statements or claims made deceitfully to induce another party into a contract, leading to harm or loss.