Deck 6: Collective Bargaining Rights

Question 1

The restrictions on when a union may file an application for certification depend on whether employees are currently represented by a union.

Answer 1

True

Question 2

All union organizers are paid union staff members.

Answer 2

False

Question 3

If an employer alleges that an individual should not be included in the bargaining unit proposed by the union because they are an independent contractor, the issue is resolved by an arbitrator.

Answer 3

False

Question 4

In addition to signing a membership card, new union members may have to pay a fee when joining a union in some jurisdictions.

Question 5

All employee associations can apply to be certified by the Labour Relations Board.

Question 6

A union can represent all employees within a firm.

Question 7

An independent contractor working for a unionized firm is automatically covered by the union's collective agreement.

Question 8

A voluntary recognition agreement is an agreement between the union and employees providing that the employees recognize the union as their bargaining agent.

Question 9

The "organizing campaign" refers to the union's application for certification to the Labour
Relations Board.

Question 10

When a union is certified, but a collective agreement has not yet been negotiated, another union can apply to be certified to represent employees at any time.

Question 11

In some jurisdictions individuals are excluded from unionization on the basis of their occupation.

Question 12

The appropriate bargaining unit is determined by the union filing the application for certification.

Question 13

Perceptions of inequity in the workplace cause some employees to believe that unionization will help achieve fairness.

Question 14

The appropriate bargaining unit is a flexible concept - there may be more than one appropriate bargaining unit.

Question 15

Office, clerical and technical employees are put in bargaining units separate from production employees in many jurisdictions.

Question 16

Some employees will not join a union because they view union membership as being disloyal to their employer.

Question 17

Dissatisfaction with pay is the only reason employees join a union.

Question 18

It is possible for a union employee to agree with the employer to work extra hours in exchange for an extra week of vacation.

Question 19

In order to obtain bargaining rights a union must apply to the Labour Relations Board and obtain a certificate granting bargaining rights.

Question 20

Union organizers may visit employees at their homes during the organizing campaign.

Question 21

When a union files a complaint alleging an employer unfair labour practice, the union must prove the employer's conduct was a violation of labour relations legislation in all jurisdictions.

Question 22

A representation vote is a secret ballot vote to determine if employees wish to be represented by a union.

Question 23

In some jurisdictions unions may be certified on the basis of the number of signed membership cards they submit to the Labour Relations Board.

Question 24

Unionization increases job security for employees because:

A)Unionization guarantees that there will be no job loss because of technological change.
B)Unionization guarantees that there will be no job loss because the employer moves.
C)All employees who are terminated in a unionized workplace are reinstated.
D)Unionized employees cannot be laid off.
E)Some unionized employees who are terminated are reinstated by an arbitrator.

Question 25

Unfair labour practices only occur during the organizing campaign and the certification process.

Question 26

Which of the following is a reason why employees may seek unionization:

A)to guarantee job advancement on the basis of ability
B)to increase workload
C)to obtain a voice in policy-making
D)to decrease job security
E)to achieve employer status

Question 27

If an employer sells a unionized business, the union must apply for certification as the bargaining agent with the new business owner.

Question 28

In order for the Canadian Auto Workers union to gain bargaining rights to represent employees working for a national courier company at a location in Nova Scotia the union will have to file an application with:

A)the Nova Scotia Labour Relations Board
B)the Nova Scotia Labour Court
C)the Canada Industrial Relations Board
D)the Canadian Labour Congress
E)none of the above; the CAW cannot represent courier company employees

Question 29

A policy of requiring a representation vote to certify a union, instead of relying on membership cards, reduces the likelihood of certification.

Question 30

Which of the following is/are the most likely to be reasons why some employees will not want to join a union:

A)employer support for the union
B)loyalty to the employer
C)a desire to engage in a strike
D)union dues
E)b and d

Question 31

Successor rights provisions in labour relations legislation protect the union's bargaining rights in the event that the employer sells the business.

Question 32

Labour Relations Boards in some jurisdictions have the authority to certify a union without a vote if there are employer unfair labour practices during the organizing campaign.

Question 33

A union could obtain the right to represent employees through:

A)a voluntary recognition agreement with the employees
B)certification
C)a voluntary recognition agreement with the employer
D)a or b
E)b or c

Question 34

Unfair labour practices refer to conduct that is prohibited by legislation.

Question 35

Which of the following is correct:

A)Employees join unions only for financial reasons.
B)Employees join unions only to increase their job security.
C)The reasons employees join or refuse to join a union are all related to internal issues within the workplace.
D)Some employees join a union to make input on policy issues.
E)It is not possible for employers to avoid unionization through policy changes in the workplace.

Question 36

Which of the following is the least likely to be a reason that employees would refuse to join a union:

A)strikes
B)political and social activity of unions
C)a recession
D)fear of employer retaliation
E)union dues

Question 37

An employer can support an application for a union to be decertified.

Question 38

Employees who are dissatisfied with their union are allowed to make an application for decertification at any time.

Question 39

On a certification application a representation vote is required in all Canadian jurisdictions.

Question 40

The statutory freeze refers to the rule that prohibits the employer from changing the conditions of employment during the term of the collective agreement.

Question 41

Which of the following is correct regarding a union organizing campaign:

A)The union must advise all employees in the proposed bargaining unit about the campaign.
B)The union must approach all employees in the proposed bargaining unit to provide them an opportunity to join the union.
C)All organizing campaigns are conducted openly.
D)The union may inform the employer about a pending organizing campaign.
E)Labour relations legislation requires the establishment of a union organizing committee.

Question 42

When a labour relations board determines if a position is managerial it will refer primarily to:

A)the job title
B)the preferences of the employer
C)the preferences of the union
D)the preferences of the employee
E)the authority held over bargaining unit members

Question 43

The appropriate bargaining unit is determined by the:

A)Labour Relations Board
B)union
C)employer
D)union and the employer jointly
E)organizing committee

Question 44

Which of the following is correct:

A)All workers, including independent contractors, can unionize.
B)All workers who are not independent contractors can unionize.
C)All employees can unionize.
D)Most non-managerial employees can unionize.
E)Most managerial employees can unionize.

Question 45

After a union has been certified by the Labour Relations Board:

A)a collective agreement must be negotiated within 12 months
B)a collective agreement must be negotiated within six months
C)an application for decertification cannot be made until after a collective agreement has been negotiated
D)a vote is held for the employees to ratify the certification
E)an application for decertification cannot be filed for a time specified in the relevant labour relations legislation

Question 46

Unions would prefer that support for the union be determined by referring to signed membership cards instead of a ratification vote because:

A)a vote delays the process
B)a vote is expensive
C)employers may influence a vote
D)employees don't want a vote
E)a vote requires more support for the union

Question 47

An organizing committee is:

A)the union staff who direct a union organizing campaign
B)a group of employees who attempt to convince their co-workers to become union members
C)a group of employees who are responsible for restructuring the organization
D)an office at the Labour Relations Board that processes applications for certification
E)always does its work in secret

Question 48

Which of the following is correct regarding union membership after a union has been certified:

A)All employees in the bargaining unit automatically become union members.
B)All employees in the bargaining unit must become union members.
C)The union and the employer may negotiate a collective agreement that requires employees in the bargaining unit to become union members.
D)Employees who voted against the union do not have to become union members.
E)The union represents employees in the bargaining unit who voted in favour of the union.

Question 49

Which of the following are allowed to join or form a union:

A)owners
B)managers
C)persons who work with confidential labour relations information
D)production employees
E)independent contractors

Question 50

When a union applies to the Labour Relations Board for certification it must establish:

A)it is a trade union as defined in labour relations legislation
B)it is part of a national or international union
C)a and b
D)it has the approval of the employer
E)it has provided all employees in the proposed bargaining unit with an opportunity to join

Question 51

The group of employees found to be the appropriate bargaining unit on an application for certification:

A)must be the most appropriate unit for collective bargaining
B)could affect the likelihood of certification
C)could affect the bargaining power of the union
D)a, b, and c
E)b and c

Question 52

Which of the following is correct regarding the determination of union support in an application for certification:

A)All jurisdictions provide that support may be determined by a representation vote.
B)Unions prefer support to be determined by a representation vote.
C)Employers prefer support to be determined on the basis of signed union membership cards.
D)Labour Relations Board officers can dispense with a representation vote.
E)A representation vote can be conducted by a show of hands at a union meeting.

Question 53

When employees join a union during an organizing campaign:

A)all membership cards must be signed at the workplace
B)a membership fee is required in most jurisdictions
C)a membership fee is required in all jurisdictions
D)a membership fee not required in any jurisdiction
E)the employer is informed who has signed membership cards

Question 54

The Framework of Fairness agreement between Magna and the CAW is a significant departure from a traditional organizing campaign because:

A)It requires the employer to voice its approval of union membership.
B)It eliminates an employee vote.
C)It provides that employees do not have to pay union dues.
D)It establishes a separate local for each Magna location that is organized.
E)It prohibits employees from campaigning against the union.

Question 55

On an application for certification Labour Relations Boards in Canada determine if there is sufficient support for the union to grant certification by:

A)relying on membership cards in all jurisdictions
B)holding a representation vote in all jurisdictions
C)relying on membership cards in some jurisdictions
D)holding a representation vote in some jurisdictions
E)c and d

Question 56

An open period is the time span within which:

A)union can give notice to the employer
B)a second union can apply for certification
C)union can give notice to the Canadian Labour Congress
D)an appropriate bargaining can occur
E)a strike or lockout could delay an application for certification

Question 57

Which of the following statements about a union organizing campaign and application for certification is correct:

A)All contacts with employees are made away from the workplace.
B)The union will try to keep the organizing campaign secret as long as possible in some situations.
C)The union must give all employees an opportunity to join.
D)All the work is done by paid national or international union representatives.
E)Employers are given an opportunity to respond to any claims made by the union before the labour relations board processes an application for certification.

Question 58

The appropriate bargaining unit determined by the Labour Relations Board:

A)must comply with any agreement between the employer and the union
B)is based upon the community of interest concept
C)names the individuals in the bargaining unit
D)excludes employees opposed to the union
E)is determined by the Board free of any legislative restrictions

Question 59

Dependent contract provisions in the labour relations legislation of some jurisdictions provides that:

A)independent contractors can unionize
B)the definition of an employee is broadened to include dependent contractors
C)individuals who use their own tools can unionize
D)individuals who are economically independent of their employer can unionize
E)part-time employees can unionize

Question 60

A union has been certified to represent the production employees of Company A.Which of the following is correct:

A)The next step in the process is a voluntary recognition agreement.
B)The employer may choose to bargain with the union.
C)Individual employees can continue to negotiate with the employer until a collective agreement is signed.
D)The union is now the exclusive bargaining agent for employees in the bargaining unit.
E)The employees in the bargaining unit can file an application to decertify the union six months after it was certified.

Question 61

A union is conducting an organizing campaign at Company A.Which of the following is Company A permitted to do:

A)Transfer union supporters to another location.
B)Advise employees that they are being fairly treated and there is no need to join a union and pay union dues.
C)Promise to increase wages if the union is rejected.
D)Increase wages to convince employees that the union is not necessary.
E)Tell employees that if the union is certified the employer will move operations to the United States.

Question 62

When a union has a collective agreement with an employer and the employer sells the business to another entity, which of the following is correct:

A)The collective agreement is terminated.
B)The purchaser is bound by the terms of the collective agreement.
C)The collective agreement is binding upon the purchaser if it approves the agreement.
D)The collective agreement continues to run for the remainder its term but the union's bargaining rights expire at the end of the agreement.
E)A vote is held among employees to determine if they want the union to continue to represent them.

Question 63

An employer has dismissed an employee during a union organizing campaign and an unfair labour practice complaint has been filed with the Labour Relations Board.Which of the following is correct:

A)the union should file a grievance
B)the Labour Relations Board does not have jurisdiction
C)the union bears the burden of proof in all jurisdictions
D)the employer bears the burden of proof in some jurisdictions
E)there is no burden of proof in this matter

Question 64

A union organizing campaign was underway at Company A.An employee who was a member of the organizing committee was dismissed.Which of the following is correct if a complaint is filed with the Labour Relations Board:

A)There will be a Board hearing to determine if the employer has committed an unfair labour practice unless the parties settle the issue.
B)The union must establish that the dismissal was motivated by the employee's union activity.
C)The union must prove that there was no valid reason to dismiss the employee.
D)The Board can order compensation but not reinstatement.
E)The employee must sue for wrongful dismissal.

Question 65

The production employees at Company A are unionized and there is currently a collective agreement in place which expires in three years.Which of the following is correct if the owners of Company A sell the business:

A)The bargaining rights of the union are terminated.
B)The bargaining rights of the union continue; however, the collective agreement is terminated.
C)The union and the new owner must renegotiate the collective agreement.
D)The union's bargaining rights and the collective agreement are not affected.
E)A representation vote is conducted to determine if the employees want the union to be their bargaining agent with the new owner.

Question 66

You are a union organizer and you are preparing a presentation to a group of non-union employees.What will all you say to convince employees to join the union?

Question 67

A union has started an organizing campaign at company A.Which of the following employer actions is permitted:

A)asking employees whether they support the union
B)prohibiting national union representatives from entering the premises
C)issuing a notice to employees advising that wages will be increased if the union is defeated
D)transferring union supporters
E)a and b

Question 68

A union could be guilty of unfair labour practices:

A)during the union organizing campaign
B)during contract negotiations
C)during the term of the collective agreement
D)a, b, and c
E)never; unfair labour practices refer to employer conduct

Question 69

Which of the following is the least likely to be viewed as an employer unfair labour practice during an organizing campaign and the certification process:

A)providing the annual wage increase on the scheduled date
B)asking employees if they have signed union membership cards
C)implementing a new plan to charge employees for parking
D)transferring employees suspected of being union supporters
E)promising to establish a new position of employee representative who will be responsible for improving working conditions

Question 70

The statutory freeze means that:

A)Employers cannot make any changes in working conditions after an application for certification has been filed.
B)Employers can choose to implement or postpone changes that would be carrying on business as usual.
C)Employers must conduct business as usual, including making normal changes.
D)Employers can make changes in the terms of employment other then wages, which are frozen.
E)Employers can make any changes in the terms employment other than promotions.

Question 71

Which of the following is correct regarding an organizing campaign and certification process:

A)There is a freeze on employer communications to employees after an application for certification has been filed.
B)The union must notify the employer that it will be approaching employees to join the union.
C)The employer cannot challenge the composition of the bargaining unit proposed by the union.
D)An employer would be illegally interfering with the union's application if it prohibited entry of national or international union representatives on the employer's property.
E)The employer is allowed to communicate to employees in most jurisdictions provided that there is no intimidation or coercion.

Question 72

Outline the key steps and restrictions on the certification process.

Question 73

Employees at Company A are represented by a union, and the parties are in the second year of a three-year collective agreement.The majority of employees in the bargaining unit are dissatisfied with the representation the union has provided.Which of the following is correct:

A)The employer can file a decertification application.
B)The employer can assist employees to file a decertification application.
C)The employees can file an application for a decertification in the open period.
D)The employees can file an application for decertification at a time.
E)The employees can only terminate the union's bargaining rights by applying to certify another union.

Question 74

Which of the following is not a remedy that could be granted by a Labour Relations Board for unfair labour practices committed by an employer during a union organizing campaign:

A)reinstatement of a discharged employee
B)damages for lost earnings
C)punitive damages
D)an order to repeat a representation vote
E)an order prohibiting the employer from repeating the unfair labour practices

Question 75

Assume that you work for a company that is not unionized and you were approached by a union organizer and asked to join a union.Explain four possible reasons why you might want to join the union and four reasons why you might not want to join.

Question 76

The decertification process is important because it:

A)provides the employer with an opportunity to eliminate the union
B)protects employees from weak or inefficient unions
C)means employees can terminate the union's bargaining rights at any time
D)is a necessary step if employees want to change unions
E)is possible for the employer to support anti-union employees

Question 77

Describe in detail four reasons why some employees might choose not to join a union.

Question 78

If an employer commits unfair labour practices during a union organizing campaign which of the following is correct regarding the remedies a Labour Relations Board can order:

A)Certification without a vote is available in all jurisdictions only if employees have been dismissed for union activity.
B)Certification without a vote is available in some jurisdictions.
C)Certification without a vote is available in all jurisdictions.
D)Certification without a vote is not available in any jurisdiction.
E)Certification without a vote is available in jurisdictions that do not provide for a representation vote to be repeated.

Question 79

Which of the following is the most likely to be found to be an employer unfair labour practice during a union organizing campaign:

A)issuing a written statement referring to the disadvantages of unionization
B)banning union activity during working hours
C)expressing a preference that employees do not join a union
D)issuing a written statement referring to a wage increase if the union is defeated
E)prohibiting entry of employees on to the employer's property during non-work hours

Question 80

Describe four reasons why employees join unions.For each point referred to describe a measure an employer could adopt as part of an avoidance strategy.