Exam 5: The Organizing Campaign

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How does an employee usually express support for the establishment of a union in his or her workplace?

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An employee expresses support by signing a declaration of intent to join the union and paying a small membership fee.

The exclusion of managerial employees is increasingly coming under attack by unions. Discuss the considerations that keep managers out of being organized and what strategies unions are using to organize managers.

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Suggested Answer: (134-135)
A titled position of 'manager' will not in itself be enough to keep a position or group of employees out of being organized. An application will be made to the labour board by the union and in determining the issue, the board will consider several factors including whether:
i. the person has the authority to hire, fire, and/ or discipline other employees
ii. the position is responsible for operations or production
iii. others report to the position and is that person responsible for supervising others
iv. the position the 'go to' person in times of crisis or emergency
v. the person/position has access to personal information, such as employment records or budgetary information
vi. the person/position participates in planning and conducting collective agreement negotiations (exempt employees are dealt with in the same manner as managers)
vii. As well, what is the division between managerial and non-managerial work?
Some ways that unions are combating this is to organize managers in a separate bargaining unit from those who are being supervised by the manager. In doing so, the division between the manager and employee is maintained but there is recognition of the right to organize and be represented by a bargaining agent.

The principle of 'community of interest' underlies which two of three considerations in determining whether a bargaining unit is appropriate?

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Generally workers on construction sites must be organized and certified on each site.

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During an organizing campaign, unions must not conduct their campaign activities at the workplace or during working hours.

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What is the least likely course of action for a government that is pro-union with regard to legislation governing the certification process?

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The level of sufficient membership support required for certification is consistent in most Canadian jurisdictions.

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What are the three different decision-making points in the certification process?

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What is a sweetheart agreement?

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Which of the following is not a criterion for an employee to be excluded from the bargaining unit as an exempt employee?

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"Client leverage campaigns" involve:

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Why is it almost unknown for an employer to successfully initiate an organizing campaign? (139-140)

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Which of the following provincial labour legislation does not contain a definition of employer?

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In the context of the certification process, what is meant by voluntary recognition?

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Under which of these circumstances will a labour relations board consider an application for certification with less than the required percentage of support?

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What are the two primary reasons that a union would like to include as many employees as possible in their application for certification?

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Labour law makes it illegal for employers to take what action against employees during an organizing campaign?

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Every certification application must contain a description of the bargaining unit that the proposed union is seeking to represent. Generally that description contains what information?

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Which of the following is not one of the difficulties in dealing with a bargaining unit that is too large?

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What does "union wage premium" refer to?

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