Deck 2: The Legal Environment

Question 1

The B.C. Health Services decision of the Supreme Court (2007) found that freedom of association includes the right to strike.

Answer 1

False

Question 2

Conciliation is a process in which a neutral third party forces labour and management to settle their dispute.

Answer 2

False

Question 3

Why was the Snider decision important?

A) It gave unions the right to strike.
B) It protected the employer right to manage.
C) It determined that labour matters fell under provincial jurisdiction.
D) It provided for conciliation before a strike could take place.

Answer 3

C

Question 4

Canadian industrial unionism arose primarily in which industry?

A) fishing
B) logging
C) agriculture
D) steel

Question 5

In their early decisions, the Supreme Court found that freedom of association did not include the right to strike.

Question 6

Globalization of trade and the increased mobility of capital have created pressure for new international labour market rules.

Question 7

Why was the principle of exclusivity important in developing labour law?

A) It defined bargaining units.
B) It reduced conflict between unions.
C) It limited management rights.
D) It defined tripartite board jurisdiction.

Question 8

Employer structure is a criterion for determining an unfair labour practice.

Question 9

A tripartite board has three stakeholders: employees, unions, and management.

Question 10

Pay equity provides for equal pay for work of equal value between men and women.

Question 11

Scientific management and mass production resulted in which phenomenon?

A) greater labour-management cooperation
B) rise of craft unionism
C) rise of industrial unionism
D) stricter labour legislation

Question 12

Which industries fall under Canadian federal labour law?

A) agriculture and performing arts
B) media broadcasting and banking
C) education and communications
D) mining and logging

Question 13

Which of the following was a result of the Wagner Act?

A) The Great Depression worsened
B) scientific management went into decline
C) unions were recognized without violence
D) union density stabilized

Question 14

Labour boards frequently determine charges of bad faith bargaining by either labour or management.

Question 15

Why was P.C. 1003 introduced in Canada nine years after the Wagner Act?

A) The Canadian parliamentary political system is slower than the American one.
B) World War II delayed its implementation.
C) A strong labour movement made change unnecessary.
D) It met with union opposition.

Question 16

An unfair labour practice is an alleged violation of a labour relations act.

Question 17

The Snider case resulted in a special system of law in Canada. What is this system called?

A) shared jurisdiction
B) scientific management
C) labour law
D) dispute investigation

Question 18

In some provinces, employers may force a last-offer vote during a strike.

Question 19

What was the Wagner Act intended to do?

A) replace industrial unionism
B) protect the union right to organize and strike
C) protect property rights
D) establish international labour standards

Question 20

Which of the following statements about certification procedures in Canada is accurate?

A) All provinces require unions to win a vote of the employees.
B) Management can have a say in selecting the union.
C) Certification may occur without a vote.
D) Employee votes are not legally binding.

Question 21

Why are labour boards an important alternative to courts?

A) courts are never neutral
B) lawyers are not present at board hearings
C) tripartite stakeholders do not agree
D) courts do not specialize in labour law

Question 22

Which statement reflects the legal environment in Canada?

A) It is legal to strike during the term of an agreement.
B) No province has a law preventing replacement workers during a strike.
C) Arbitrators have limited powers to interpret collective agreement terms.
D) Freedom of association includes the right to bargain collectively.

Question 23

What is an example of the duty of representation?

A) supporting a troublesome employee's grievance
B) a free vote for a union
C) "one member, one vote" union democracy
D) management consent to a union drive on company time

Question 24

Which of the following first contract arbitration models is most difficult to achieve?

A) a no-fault approach
B) a bad faith bargaining remedy
C) a final offer arbitration remedy
D) a breakdown in negotiations approach

Question 25

What is the role of a neutral third party in arbitration?

A) observes and records negotiations
B) plays same role as an Industrial Inquiry Commission
C) facilitates a negotiated agreement
D) imposes a settlement

Question 26

Which of the following remedies can be granted by labour boards?

A) establish inquiry commission
B) order last-offer vote
C) issue cease and desist orders for intimidation
D) establish a tripartite board

Question 27

What is the rationale for excluding managers from unions?

A) They are part of the management team.
B) They are involved in planning decisions.
C) They have access to confidential information.
D) They object to being in a union.

Question 28

What does "the duty of fair representation" mean?

A) Firms must be nondiscriminatory in dealing with employees.
B) Employees must treat other employees fairly.
C) Unions must represent employees fairly and equally.
D) Labour boards must represent both union and nonunion employees equally.

Question 29

The Charter protects which fundamental freedom?

A) association
B) the right to strike
C) arbitration
D) human rights

Question 30

Which of the following is a form of dispute resolution common in Canada?

A) voluntarism
B) certification
C) arbitration
D) discrimination

Question 31

Where is the concept of voluntarism most prominent?

A) in U.S. labour law
B) in provincial law
C) in Canadian federal law
D) in labour board rulings

Question 32

Which of the following statements defines what "good faith bargaining" is?

A) Labour and management must make reasonable offers.
B) Both parties must bargain in an honest manner.
C) Both parties must make a significant attempt to reach a settlement.
D) Both parties must bargain in a cooperative manner.

Question 33

Why are Canadian labour boards tripartite in nature?

A) to match the three levels of jurisdiction in Canada
B) they represent three competing stakeholder perspectives
C) an odd number prevents a tie
D) boards hear three kinds of cases

Question 34

Why is conciliation controversial?

A) A facilitator imposes a settlement.
B) It favours unions because conciliators often take the union side.
C) Management takes unfair advantage of normal operations.
D) It is always required in labour disputes.

Question 35

Employment law is generally silent on which subject?

A) hours of work
B) overtime
C) health and safety
D) pay performance systems

Question 36

Why is the determination of the bargaining unit an important labour relations issue?

A) employer structure can alter the bargaining unit
B) labour boards cannot make this determination
C) other processes and rights flow from this decision
D) it is based on management interests

Question 37

Which group does a bargaining unit include?

A) managerial employees
B) confidential employees with respect to labour relations
C) supervisors
D) subordinate employees

Question 38

Why was the Supreme Court decision in the Lavigne case (1991) important?

A) It ensured unrestricted freedom of association.
B) It is the only point of similarity with U.S. law.
C) It established a baseline tolerance for discrimination.
D) It recognized that union goals reach beyond collective bargaining.

Question 39

Clause 42(1) of the Nova Scotia Trade Union Act writes into a collective agreement a dispute resolution mechanism if the agreement lack such a clause What is this an example of ?

A) arbitrators' influence on public policy
B) arbitrators' interpretation of relevant law
C) a labour peace provision
D) duty of fair representation

Question 40

Under what circumstances can a labour board certify a union without an employee vote?

A) an unfair labour practice hindered employees
B) 40% of employees signed a union card
C) there is no application for certification
D) a community of interest exists

Question 41

Provide two ways in which the Wagner Act dealt with interunion conflict.

Question 42

Which group of workers is included in employment legislation?

A) cab drivers
B) designated professions
C) farm workers
D) students

Question 43

Employment equity in Canada applies to which group?

A) women
B) agricultural workers
C) labour boards
D) students

Question 44

Give three examples of typical labour board cases.

Question 45

What is the definition of "systemic discrimination"?

A) equal pay for work of equal value
B) equal pay for protected groups
C) unlawful action by one employee against another
D) unequal treatment of a protected group under established company rules

Question 46

The U.S. Wagner Act differs from Canadian labour law in two key aspects. What are they?

Question 47

Which is a ground for discrimination under Canadian human rights legislation?

A) equal pay for work of equal value
B) family status
C) union representation
D) conciliation

Question 48

The internal responsibility model of occupational health and safety defines three employee rights and responsibilities. What are they?

Question 49

Other than determining who are managerial employees, what other factors do labour boards consider in a certification procedure?

Question 50

How does the ILO declaration on Fundamental Principles and Rights at Work affect Canada?

A) must eliminate poverty
B) must respect freedom of association and collective bargaining
C) must ratify convention 98
D) must revise discrimination statutes