Deck 4: The Legal Environment

Question 1

An unfair labour practice is an alleged violation of a Labour Relations Act.

Answer 1

True

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

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

Answer 3

True

Question 4

A union has the duty not to discriminate or act in an arbitrary manner.

Question 5

What phenomenon resulted from scientific management and mass production?

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

Question 6

Under the court ruling of the Snider case the distinctive Canadian system of shared jurisdiction was declared illegal.

Question 7

On January 30, 2015, the Supreme Court constitutionalized the right to strike in Canada.

Question 8

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

Question 9

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

Question 10

With which union did The United Food and Commercial Workers Canada reach an agreement?

A) Unifor
B) Floralia Growers of Abbotsford
C) Agricultural Workers of Canada of Canada
D) Dairy Farmers Union

Question 11

The new contract for the United Food and Commercial Workers Canada and Floralia Growers of Abbotsford provides rights of seasonal migrant workers to return to Canada.

Question 12

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

Question 13

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

Question 14

The Supreme Court of Canada has ruled that Walmart did not violate Quebec's labour code when it closed a store in Jonquiere, Quebec after workers tried to unionize it.

Question 15

In their early decisions, the Supreme Court found that freedom of association included the right to strike.

Question 16

What was the Wagner Act intended to do?

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

Question 17

Certification is the process of gaining recognition under the appropriate government.

Question 18

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

A) Great Depression worsened
B) scientific management went into decline
C) legitimizing industrial unionization without violence
D) union density stabilized

Question 19

In Canada strikes are illegal during the term of the collective agreement.

Question 20

A major feature of Roosevelt's New Deal was the Wagner Act.

Question 21

Which statement best describes certification procedures in Canada?

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 in some provinces.
D) Employee votes are not legally binding.

Question 22

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

A) if a firm has been found guilty of an unfair labour practice which hindered the vote
B) if 40% of employees signed a union card
C) if there is no application for certification
D) if a community of interest exists

Question 23

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 24

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 the bargaining unit

Question 25

Which statement best defines "good faith bargaining"?

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 negotiate a collective agreement.
D) Both parties must bargain in a cooperative manner.

Question 26

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 27

Which group does a bargaining unit include?

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

Question 28

Why was the Snider decision important?

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

Question 29

Why are Canadian labour boards tripartite in nature?

A) to match the three levels of jurisdiction in Canada
B) to represent three competing stakeholder perspectives
C) to prevent a tie
D) to allow boards to hear three kinds of cases

Question 30

Which remedy 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 31

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 32

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 33

Which first contract arbitration model 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 34

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 and employer resistance delayed its implementation.
C) A strong labour movement made change unnecessary.
D) It was met with union opposition.

Question 35

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

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

Question 36

What is the rationale for excluding managers from unions?

A) They are part of the management team.
B) They are part of the human resources function.
C) They have access to confidential information.
D) They object to being in a union.

Question 37

What is an example of the duty of fair 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 38

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 39

What is one reason why good faith bargaining rarely goes before labour boards?

A) Management can usually settle a contract.
B) Seventy-five to 90 percent of all cases are settled in mediation.
C) Labour boards are too political.
D) Labour boards usually do not side with the employees.

Question 40

Under which law are unfair labour practices considered alleged violations?

A) Criminal Code
B) Employment Standards Act
C) Labour Relations Act
D) Health and Safety Act

Question 41

Which statement best 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 42

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

Question 43

Give three examples of typical labour board cases.

Question 44

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

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

Question 45

Which fundamental freedom does the Charter protect?

A) association
B) mediation
C) arbitration
D) human rights

Question 46

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

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

Question 47

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

Question 48

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

A) to observe and record negotiations
B) to impose good faith bargaining
C) to facilitate a negotiated agreement
D) to impose a settlement

Question 49

Which topic is generally not addressed by employment law?

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

Question 50

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

Question 51

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

A) It ensured unrestricted freedom of association.
B) It recognized that union goals need not be political in nature.
C) It established a baseline tolerance for discrimination.
D) It recognized that union goals include legitimate social and political goals which reach beyond collective bargaining.

Question 52

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 53

What 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 54

Which group of workers is included in employment legislation?

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

Question 55

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

Question 56

Which form of dispute resolution is most common in Canada?

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

Question 57

Explain two important elements of the union recognition process.

Question 58

According to the Supreme Court of Canada's ruling, which legislation did Walmart violate?

A) Quebec's Labour Code
B) Charter of Rights and Freedoms
C) Employment Standards Act
D) Federal Labour Code

Question 59

Explain the results of the Snider case and its significance to labour relations in Canada.

Question 60

Employment equity in Canada applies to which group?

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

Question 61

Explain two examples of how strikes may be restricted.