Deck 27: Organized Labour

Question 1

Arbitrators can issue awards,but they do not have the power to enforce them.

Answer 1

A

Question 2

The right of a union in a federally regulated industry to bargain collectively on behalf of employees is derived from the

A)common law.
B)existing collective agreement.
C)Canada Labour Code.
D)Labour Relations Act.
E)Charter of Rights.

Answer 2

C

Question 3

Which of the following groups are eligible to bargain collectively in all jurisdictions?

A)lawyers
B)managers
C)doctors
D)nurses
E)the RCMP

Answer 3

D

Question 4

The employees of Lou's Construction have asked Lou to recognize their trade union as the bargaining agent for his employees.If Lou provides voluntary recognition,his decision cannot be challenged.

Question 5

There is no right to strike expressly stated in either the Charter of Rights and Freedoms or by common law.

Question 6

A document containing the terms of employment and the rights and duties of the employer,the trade union,and the employees is known as

A)a contract of employment.
B)a collective agreement.
C)the Labour Relations Act.
D)the Employment Standards Act.
E)a release.

Question 7

Hans,a union member,was demoted due to incompetence in the workplace.The collective agreement contained a "just cause" provision.The employer's decision is,therefore,not subject to review by an arbitrator.

Question 8

Collective agreements are best thought of as contracts between multiple parties.

Question 9

Which of the following best distinguishes labour law from employment law?

A)Employment law is governed by common law,whereas labour law is governed exclusively by statute.
B)Labour law is governed by common law,whereas employment law is governed exclusively by statute.
C)Employment law involves trade unions,whereas labour law does not.
D)Employment law governs collective relations amongst management,trade unions,their members,and the institutions involved in such relations.
E)"Labour law" refers to collective bargaining with unions.

Question 10

Superset Inc is a union shop organized labour employer.Hannah is not a member of the union.Hannah can still work for Superset so long as she is willing to become a union member before or shortly after she starts work.

Question 11

Madeleine is a labour arbitrator hearing a dispute.During its submissions,one of the parties provides Madeleine with a case that is virtually identical to the facts in dispute.Even if the case has not been overruled and there are no other cases that go in the opposite direction,Madeleine is free to disregard the case if she thinks it is wrongly decided.

Question 12

Local 66 have recently been certified to represent the employees of a large manufacturing company.An employee,Shep,expresses his dissatisfaction with the union.Unfortunately for Shep,he will not be able to bargain on his own behalf with his employer.

Question 13

Until a contract is secured,any union is free to attempt to negotiate a desirable collective agreement on behalf of the bargaining unit.

Question 14

Some employee organizations are not entitled to take part in the collective bargaining process.

Question 15

After a strike,workers have a guaranteed right to be reinstated to their previous positions.

Question 16

Every worker in Canada has the right to join a union.

Question 17

Simone and a group of her colleagues have decided that they wish to bargain collectively with their employer.In order to do so,they will need to

A)form an appropriate bargaining unit.
B)form a labour relations board.
C)become a certified bargaining agent.
D)become incorporated.
E)go on strike.

Question 18

One less common method of acquiring bargaining rights is through voluntary recognition by the employer.

Question 19

Only a panel of three labour arbitrators can hear disputes about violations of the governing labour relations statute.

Question 20

Management and unions have some say as to the procedure for dealing with grievances so long as they stipulate the procedure in their collective agreement.

Question 21

Which of the following would be required by the duty to bargain in good faith?

A)the duty to supply information about the number of union members
B)the duty to present a proposal that is to the mutual benefit of both parties
C)the duty to protect confidentiality
D)the duty to respect the fiduciary nature of the relationship
E)the duty to reveal the financial statements of the employer

Question 22

Gerhart is representing a large corporation that is trying to put a stop to a grievance by Samson resulting from a disciplinary sanction against him for incompetence.Gerhart hopes to make his argument before the arbitration actually commences and end the matter for all times.Which of the following arguments will most likely achieve this end?

A)Samson is not,in fact,covered under the collective agreement.
B)The issue raised falls within of the scope of the collective agreement.
C)Samson was an incompetent worker.
D)It has recently come to light that Samson stole from the company.
E)Samson was not really demoted.

Question 23

Which of the following industries is most likely to select its bargaining agent through a system of voluntary recognition?

A)auto industry
B)steel plant
C)homebuilders
D)universities
E)hospitals

Question 24

A strike is unlawful in Canada whenever it

A)occurs while a collective agreement is in force.
B)involves picketing.
C)results in a lockout.
D)results in a boycott.
E)will cause problems for other businesses.

Question 25

An employer has made a financial decision to lay- ff workers.Shane has decided to invoke her bumping rights.The collective agreement specifically prohibits bumping up.Which of the following is true?

A)Shane can temporarily move into a more junior position for which she is qualified or competent.
B)Shane can temporarily move into a more senior position for which she is qualified.
C)Shane can permanently move into a more junior position for which she is qualified or competent.
D)Shane can permanently move into a more senior position for which she is qualified.
E)Shane can choose to move into any other position in the organization that is not subject to layoff.

Question 26

Gus and Marty are members of the Ironworkers Union.They are skilled to work on the construction of bridges and multi-storey buildings.Each year,they pay a membership fee to the Ironworkers Union and dues are deducted from their pay cheques.In between jobs,they show up at the Ironworkers Hall to receive work assignments.The employer calls the union hall when it needs workers,requesting a certain number of workers with certain skills.The employer will only take union members.This structure is an example of

A)a closed shop.
B)a union shop.
C)a dues shop.
D)an open shop.
E)a right to work shop.

Question 27

Maria is a nurse at a hospital where a new three-year agreement was negotiated July 1,2012.The new agreement is deemed to take effect as of January 1,2013.It includes a provision that a 4 percent wage increase will be paid retroactively to the date the agreement was negotiated.Maria is also looking forward to 1.5 days of paid vacation leave for every month worked instead of the one day of vacation leave per month worked she received under the old collective agreement.In 2013 she hopes to take her family to a cottage for three and a half weeks.She is shocked when she tries to book her vacation and she is told that she is not entitled to take so much time.Certain that management has made a mistake,she comes to you for advice.How many days of vacation is Maria entitled to during the year 2013?

A)18
B)15
C)12
D)10.5
E)11

Question 28

Peter was fired after his manager caught him breaking a workplace rule.Peter filed a grievance and the arbitrator found that while he had contravened an important rule,the collective agreement required more than a single transgression to show just cause for dismissal.Which of the following awards is the arbitrator permitted to craft in her decision?

A)Rewrite the provision in the collective agreement to allow dismissal if employees break the particular rule in question.
B)Award damages to Peter in the form of the appropriate notice of dismissal since it is not possible for an arbitrator to reinstate an employee who has been dismissed.
C)Substitute a warning or suspension and reinstate Peter's job.
D)Rewrite the provision in the collective agreement to prevent the employer from enforcing the particular rule.
E)Rewrite the collective agreement to delete entirely the "more than a single transgression" clause.

Question 29

Local 304 and Kar Manufacturing Inc have just implemented a new collective agreement,but there is already trouble.Local 304 allowed a specific provision addressing retroactivity of wage increases to be dropped because there were other more pressing issues to discuss.The agreement is silent on retroactivity and now Kar management does not intend to institute the agreed upon wage increase retroactively.Which of the following is the correct principle to be used by the arbitrator in resolving the union's grievance?

A)Retroactivity is one of the matters that must be addressed specifically in collective agreements in order to be applied.
B)There is a general presumption of retroactivity regarding wage increases in collective agreements.
C)Only those terms that are addressed explicitly in collective agreements will be applied.
D)Some terms may be implied in collective agreements but retroactivity of wages is not one of them.
E)The law presumes that wage increases are never retroactive.

Question 30

Local 121 and Highflyers Inc management are working on a collective agreement.Local 121 is seeking to include a provision that allows bumping up.Highflyers management feels strongly that such provision should not be included because it wants to be able to

A)reward long-time employees.
B)prevent the domino effect that occurs in bumping.
C)make demotions based on incompetence.
D)make appointments and promotions based on merit.
E)make appointments based on which employee is likely to vote to decertify the union.

Question 31

An arbitrator ordered Local 234 to cease its illegal walkout from Ardvark Inc.Local 234 decided to continue its action anyway,in order to send a strong message to the employer.How can Ardvark Inc enforce the order against the union?

A)Call the police to charge the picketers with breaking the arbitrator's order.
B)Arbitrators' orders are unenforceable.
C)Sue the union local in a civil action.
D)Bring the arbitrator to the scene to sort out the dispute.
E)File the arbitrator's order with the court and enforce it as with any judicial order.

Question 32

The Umbrella Workers Local 18 and Parapluie Co had come to a tentative agreement on major issues and the union members voted in favour of it.But nothing was committed to paper yet.Thinking that there were some important outstanding issues that needed to be resolved,the umbrella workers continued to strike.Parapluie Co accused the union of striking unlawfully,since an agreement was in place.May the union continue to strike?

A)Yes.There has not been a "meeting of the minds," so full consent has not been given to the agreement;therefore,it has not been executed and the union is still entitled to strike.
B)No.Once an agreement has been reached between the parties,they are no longer entitled to strike according to labour legislation in most jurisdictions.
C)Yes.An agreement must be signed in order for it to be executed,therefore the union is still entitled to strike.
D)No.Once the membership has voted in favour of an agreement,the union is bound by the agreement and they are no longer entitled to continue negotiating according to labour legislation in most jurisdictions.
E)No.A collective agreement can be made orally.

Question 33

What is the most usual means of resolving a dispute that arises under an existing collective agreement?

A)litigation
B)mediation
C)negotiation and conciliation
D)strike or lockout
E)grievance arbitration

Question 34

After a union membership drive,if more than a majority of employees in an appropriate bargaining unit become members,the unit is automatically certified in

A)all jurisdictions.
B)no jurisdictions.
C)Alberta and Nova Scotia.
D)all jurisdictions except Alberta and Nova Scotia.
E)all jurisdictions except British Columbia and New Brunswick.

Question 35

An arbitration board or sole arbitrator usually hears disputes concerning

A)the collective agreement.
B)the violation of the governing labour relations statute.
C)the violation of the governing employment standards statute.
D)complaints by the union but not by management.
E)whether a union should be certified as a bargaining agent

Question 36

Although Dieter is employed in a "union shop" workplace,he disagrees with the concept of unions in general,and he does not like his own union leaders in particular.He feels that it is contrary to his personal freedom that he must remain a member of the union.What are Dieter's options?

A)no choice but to remain in the union
B)pay his union dues to a charity instead
C)find another job at a non-unionized workplace
D)continue to pay union dues but cease to be a union "member"
E)complain to the court about the union

Question 37

During the process of negotiating a collective agreement,Local 969 and the employer come to an impasse.The problem lies in the fact that the employer simply refuses to meet and discuss the issues.In this situation,

A)the union will not be able to achieve its goal of signing a collective agreement.
B)the employer has committed a criminal act.
C)it will be necessary to hold another membership drive.
D)there has been a breach of the duty of good faith.
E)the employer is completely within its rights to refuse to negotiate at all.

Question 38

In which of the following is an arbitrator (or arbitration panel)similar to a judge?

A)Both are bound by previous jurisprudence.
B)Both are jointly appointed by the parties.
C)Both strictly apply the rules of evidence.
D)Both may apply the principles of equity.
E)Both have inherent jurisdiction.

Question 39

Chara was hired for a position that required her to quickly assemble parts on an assembly line.Unfortunately,Chara has consistently had problems keeping up with the pace of the other workers,and the line often gets backed up at her station.The employer decided to demote Chara to a cleaning position where she will earn a lower wage.The union grieved the demotion,claiming that management did not show just cause,nor did they warn Chara that continued slowness would result in a demotion.What is the likely outcome of the grievance?

A)The employer will lose because it should have shown just cause.
B)The employer will win because a demotion related to competence is non-disciplinary and not subject to review by an arbitrator.
C)The employer will lose because whether a demotion or discharge is disciplinary or non-disciplinary,the employee deserves to be given a warning.
D)The employer will win because the employer has the right to make final decisions about hiring,firing,promotion,and demotion.
E)The employer will lose because Chara was not incompetent.

Question 40

A dues shop

A)is one that is based solely on seniority ...you must pay your dues before you get the good work.
B)requires a person to become a card-carrying union member prior to employment.
C)is the same as a closed shop.
D)is a made-up term created solely for the purposes of fooling you on this question.
E)requires a hired worker to pay union dues but not necessarily join the union.

Question 41

Describe the steps in the process by which a workplace becomes unionized.

Question 42

A union recently won a grievance against the University of Edmonton.The underlying dispute was concerned with the forced removal of several professors.In terms of a remedy,the panel

A)cannot award monetary damages because that function is properly filled by a court.
B)cannot reinstate the professors against the university's wishes,but the panel can compel the university to pay an amount equal in value to a maximum of two years' salary.
C)cannot rectify a collective agreement unless the agreement expressly allows for such an order.
D)may grant a compliance order,which would require the university to reach a compromise solution with the professors.
E)can award damages,but only in accordance with a tariff that appears in employment standards legislation.

Question 43

CoolaCola Inc and the International Federation of Bottlers had been without a contract for several months when the union walked away from the negotiating table.In order to show the union that it "meant business," the employer locked the workers out the next day.Is CoolaCola justified in locking out its employees?

A)No.An employer may never lock out employees.
B)No,unless it is a temporary measure based on financial reasons during a strike.
C)Yes,so long as the lockout is only intended to force concessions from the union.
D)Yes,but only after the first round of negotiations breaks down.
E)Yes if the negotiation and conciliation procedures have been exhausted and the lockout decision is not otherwise unlawful.

Question 44

Hardball Inc,a sporting goods manufacturer,has been negotiating for some time with a union representing the company's employees.Those negotiations recently came to a halt,however,when one of the parties accused the other of breaching the duty to bargain in good faith.Which of the following statements is TRUE?

A)The accusation is pointless because Canadian law does not recognize such a duty.
B)The duty governs the negotiating process but does not require the parties to reach any particular agreement.
C)Although the duty requires actual negotiations to be conducted in a spirit of cooperation,it does not require either party to actually negotiate.
D)The duty prevents the parties from concealing information,but it does not require them to actually provide information.
E)The allegation must have been made by Hardball Inc.

Question 45

Aziz Hairdressing Emporium is a unionized business with over 100 employees.Ten of those employees have filed a grievance against their employer.The majority of the employees who are not involved with that grievance disagree with the grievance.Which of the following statements is TRUE?

A)The grievance cannot succeed unless it is supported by a majority of the employees.
B)The grievance probably will be resolved through the internal method of arbitration.
C)If the dispute comes before a labour relations board,the 10 employees probably are alleging that there has been a breach of labour relations legislation.
D)Arbitral jurisprudence constitutes precedent that is binding on an arbitrator.
E)If the dispute requires an arbitration panel,then,unless the collective agreement says otherwise,the expense falls upon management.

Question 46

Why is it important to distinguish between employees and managers? What factors will be considered when determining whether someone is an employee or a manager in the collective bargaining context? Using the factors for consideration that you have outlined,analyze an example of a position that would be seen as an employee and one that would be seen as a manager in an organization with which you are familiar.

Question 47

What should an arbitrator do when asked by the parties to interpret an ambiguous clause in a collective agreement?

Question 48

Local 354 has been accused of secondary picketing during a lawful strike.In what forum will the business experiencing the alleged secondary picketing take legal action regarding this matter?

A)mandatory mediation
B)grievance arbitration
C)complaint to the labour board
D)voluntary conciliation
E)court of common law

Question 49

The essential requirements for a collective agreement,as explained in the text,include

A)express inclusion of the relevant legislation.
B)a statement of the parties' good faith.
C)approval from a labour relations board.
D)a list of issues that shall be open to grievance.
E)a written agreement signed by both parties,containing provisions relating to the conditions of employment.

Question 50

The International Sisterhood of Drum-Makers is trying to decide how to achieve financial security.Describe,and provide examples of,approaches that it might take to remuneration as well as the requirements that it might set for workers.

Question 51

Compare and contrast collective agreements with private contracts.

Question 52

In the context of seniority in a unionized workplace,

A)a non-competitive clause prevents junior employees from competing with senior employees for new positions regardless of a senior employee's competence.
B)the law requires seniority to have the same effect on both layoffs and promotions.
C)a junior employee cannot earn more than a senior employee.
D)a competitive clause means that all employees can compete equally on the basis of merit,regardless of seniority.
E)a person who voluntarily bumped into a lower job usually is entitled to return to the higher position if that position is reinstated.

Question 53

Which of the following is LEAST likely to fall under the legal definition of picketing?

A)a single striking employee waiving a placard with the intent to secure a sympathetic response from an audience of onlookers
B)a group of striking employees waiving placards with the intent to secure a sympathetic response from an audience of onlookers
C)a group of striking employees posting messages on a company-only discussion board on the Internet
D)a group of striking employees having a sit-in on the front steps of the workplace,engaging in discussion about the workplace issues with those who approach
E)blockading the employer's premises with cement barricades,with signs posted to them regarding the strike.

Question 54

The employees at Don's Ice Palace,an ice skating complex,feel that they are not being treated fairly.They consequently want to become unionized,in the hope of pressuring the company into providing better pay and working conditions.The International Brotherhood of Ice Makers (IBIM)and the United Snow and Ice Workers (USIW)are both organizations interested in representing the employees.Which of the following statements is TRUE?

A)IBIM and USIW are both hoping to become the appropriate bargaining unit .
B)The employer has an absolute right to decide whether IBIM or USIW represents the employees.
C)Regardless of where these facts take place,the employees must choose their union through a secret ballot vote.
D)Once the employees have chosen their representative,Don's Ice Palace will be classified as a certified bargaining agent.
E)Once the employees have chosen which union they wish to belong to,that union will be the certified bargaining agent.

Question 55

Which of the following is an example of secondary picketing?

A)university faculty picketing in front of various university buildings as part of a strike action
B)striking employees of a large hotel chain picketing at other hotels in the same chain
C)public service workers picketing on Parliament Hill
D)employees of a factory picketing in front of the factory's biggest supplier
E)anti-poverty activists protesting at a provincial legislature

Question 56

After a heated argument between picketers and managers crossing the line,five workers set fire to three company cars and ruined other company property.Can management express its displeasure by firing the employees?

A)No.Under statute,employees cannot be fired while on strike.
B)No.Under statute,employees have the right to be reinstated in their previous positions.
C)Yes.The employer will have grounds to discharge employees so long as it can be proved that they have engaged in serious misconduct while on strike.
D)No.Temporary flare-ups of violence on picket lines do not constitute just cause for dismissal.
E)Yes.Employers are always at liberty to discharge any employee deemed to have behaved improperly during a strike.

Question 57

Which of the following statements is TRUE with respect to picketing?

A)Picketing is prohibited unless it is expressly permitted by a collective agreement.
B)Secondary picketing against a party that is not directly involved in a labour grievance is generally lawful as long as it does not involve tortious or criminal activity.
C)Because of the desire to promote a free exchange of information and ideas,statements made during picketing are protected from liability in defamation by the defence of absolute privilege.
D)Because most employment contracts involve private parties,activities performed during a picket seldom involve criminal law.
E)A picket is defined as an organized effort to persuade consumers to either purchase a particular product or purchase from a particular business.

Question 58

The workers at the Great Grain Company are unhappy with their working conditions.By adopting a "work to rule" philosophy,they hoped to persuade management to offer a better deal.Management refused to be moved,however,and pointed to the fact that the collective agreement still had three weeks left to run.The workers therefore began to plan their next move.As the head of the union,you want to put as much pressure as possible on your employer,but you are also anxious to avoid breaking the law.Which of the following strategies would you adopt?

A)While it would be unlawful to go on strike while the collective agreement is still in force,you are allowed to immediately commence a secondary picket against the company's suppliers or buyers.
B)You should wait until the collective agreement has expired,and then call a lockout.
C)Call a strike as soon as possible,because as a matter of law,management must eventually allow the workers to return to their jobs.
D)While there are legal hazards with other strategies,the right to strike is protected by the Charter.
E)Poll the members of the union to obtain a vote in favour of going on strike if necessary at the end of the collective agreement.

Question 59

After years of failure,the employees at the Cherryville branch of MegaStore,an international chain of discount stores,finally succeeded in becoming unionized.They are very anxious to ensure that the collective agreement,which is currently being negotiated,does everything possible to solidify their position and to prevent the company from undermining their recent success.Which of the following statements is TRUE with respect to a union security clause?

A)An approach sometimes referred to as an "agency shop" will ensure that the store contains only unionized employees.
B)Under a closed shop clause,MegaStore will be required to allow an employee at another one of its branches join the Cherryville store without having to join the union.
C)The collective agreement will not necessarily include such a clause which would make this a union shop.
D)It would be unlawful for a collective agreement to prohibit a non-union person from being an employee at the Cherryville branch.
E)Such a clause is relevant only in the event of a grievance.

Question 60

In the context of a collective agreement,a "union shop" clause

A)is required by law.
B)signifies that the employer is involved in sales,at either the retail or wholesale level.
C)allows a union to "shop around" for new employees.
D)means that a person must join a union in the early stages of their employment.
E)means management cannot hire anyone who is not already a member of the union.

Question 61

Lawyer Albert represents a small union that is in the midst of negotiating its very first collective agreement.The main issues are ironed out but the union leader wishes to know what the minimum requirements are to make the deal enforceable.How should Albert advise his client?

Question 62

What are the necessary elements of a strike? Using the elements you have listed,provide and analyze one example of employee actions that would be seen as a strike and one example of an employee action that would not be seen as a strike.

Question 63

From where do arbitrators obtain authority to award remedies? Identify and describe three important remedies that arbitrators can award in labour disputes.

Question 64

Many people hold the opinion that unions cause more problems than they solve.Identify three criticisms of unions and three reasons why unions continue to be relevant in today's business world.Your answer need not stem from assigned readings.

Question 65

What is rectification and when can it occur?

Question 66

A provincial ministry of education stipulated that secondary school teachers would have to spend more hours each day teaching in the classroom.As a result,teachers had to prepare for classes on their own time.In protest,certain teachers' union locals refused to participate in extracurricular activities such as athletic teams and student clubs.Teachers had traditionally led these activities on a voluntary basis.A board of education wishes to grieve that the union is engaged in an illegal strike.Analyze this issue and determine whether the board of education's position will be adopted.

Question 67

At best,picketing can be an important form of social expression;at worst it can be coercive,violent,and interfere with commercial activity and property rights.Discuss some of the pros and cons of picketing in the broader context of industrial relations.

Question 68

Distinguish between lawful and unlawful strikes.

Question 69

Lawyer Albert represents a small union that is in the midst of negotiating its very first collective agreement.After explaining the minimum requirements to ensure that the agreement is enforceable,Albert is asked to provide some basic information on key terms,such as those dealing with strikes and lockouts,grievance procedures,and union security.What will Albert say?

Question 70

Explain the difference between disciplinary and non-disciplinary action by an employer.Provide examples of each.In what context does this distinction arise?