Question 1

It is not always clear whether a person is an employee. Numerous methods have been developed for examining the nature of the relationship. Describe the various methods which have been established and the relative usefulness of each. Include in your answer an explanation of why the determination is relevant.

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Question 2

Our society and our laws place great importance on the right of an individual to earn his or her livelihood. Describe the law and the attitude of the courts with respect to the relationship of a union with its members.

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The answer of Our society and our laws place great...

Question 3

On occasion, pickets block the entrance to an employer's premises, or may be found on an information-only basis at the premises of an employer's customers or suppliers. Both of these actions are illegal in principal.

Accepted Answer

Picketing is generally considered a protected form of free speech under the First Amendment of the United States Constitution. However, there are certain restrictions on picketing, such as when it is used to block access to an employer's premises or to harass customers or suppliers.

Question 4

In an effort to obtain support for their cause, members of the Shipworkers' Trade Union picketed the unloading of a non-Canadian ship. The picketing blocked the unloading of the non-Canadian ship, and in the violence that followed, several of the crew of the non-Canadian ship were injured when assaulted by the pickets. The union members were dissatisfied with the Canadian government's policy of allowing non-Canadian ships to take part in the Canadian coastal trade. The union hoped to force the government to implement the recommendations of a report which had been completed earlier and which favoured the limitation of trade to Canadian ships.
a. What rights, if any, do the parties have in this case?
b. If legal action were taken, what would be the outcome?

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The answer of In an effort to obtain support for...

Question 5

The Beer Workers Union was attempting to organize a small local brewery. Over the course of the organization drive the president of the brewery had frequently told employees that they would be better off without the union and that he would personally see to it that they all got pay raises if they did not vote for the union.
The employees complained to the Labour Relations Board which ordered the employer to stop discussion of union representation with the employees. Soon thereafter the president sent a letter to each employee in which he mentioned the Board's order. He stated that the company would be pleased to work with the union if the employees felt it necessary, even in the wake of their upcoming pay increases.
When the union again complained to the Board, the employer responded by saying that its intentions were innocent and had been done in this manner so as not to violate the order. Discuss the issues which will be raised by the parties in this case. Render a decision.

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The answer of The Beer Workers Union was attempting to...

Question 6

While an employer may choose to recognize a union as a bargaining representative, only the employees may certify a union as a bargaining representative.

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Question 7

Following 22 years of employment as an accounts' manager with a medium-sized manufacturing firm, Chandrani's employer was placed into receivership and the assets of the firm were sold. As a result, her contract of employment was terminated. Chandrani completed an application for employment with Xenco Inc., which had purchased the assets from the receiver. Xenco accepted Chandrani's application and she commenced employment immediately. All of Chandrani's employment records were transferred from the defunct files of her former employer. She was given the responsibility of supervising a department of fifteen employees, and within six months was awarded a substantial wage increase commensurate with other employees at Xenco with long standing. Shortly thereafter, Xenco began to experience declining sales as the result of an economic downturn and, after 18 months of employment, Chandrani's services were terminated. Discuss the issues presented by this fact situation. What responsibilities rest with Chandrani?
D.C.L.D., Issue 1, 3.

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The answer of Following 22 years of employment as an...

Question 8

Amanda was employed full-time for five years as a salesclerk by Shop 'n' Save department store. Occasionally she was required to work on Friday evenings and Saturdays. Amanda, who had never had any strong religious beliefs, married the young son of a devout family. After her marriage, Amanda adopted her husband's religion which prohibited her from working from sundown Friday to sundown Saturday. She then informed her employer that she would no longer be able to work during these times. The store manager advised her that Saturday work was a prerequisite for a fulltime position and offered her a part-time position as an alternative. Amanda accepted the position which reduced her hours and, thus, her salary by 30%. She subsequently filed a complaint with the Human Rights Commission. What arguments would be available to the parties involved in this dispute? Render a decision.
A.C.W.S. (2d) 109.

Accepted Answer

The answer of Amanda was employed full-time for five years...

Question 9

The employees of Willows Department Store in Meadowvale Shopping Centre had been represented by a union for several years. Shortly before the most recent collective agreement was about to expire and before a notice to bargain was given to management by the union, the employer sent a memo to all employees announcing that it would no longer provide free parking for its employees in the shopping centre's parking garage. Within a week, notice to bargain was given by the union and in the subsequent negotiations the free parking matter was made a bargaining issue. The union also alleged that the employer had breached the law in its announcement of this matter. What issue(s) does this situation raise?

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Question 10

Explain the philosophy behind the original (and today's) Worker's Compensation legislation. What significant benefit did workers obtain beyond simply an insurance scheme, and why was this benefit particularly significant to them?

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Question 11

Describe the various laws which impose obligations on employers and govern employment relationships.

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Question 12

Explain the nature of the relationship between senior employees and their employers. Use examples to clarify your answer.

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Question 13

The employees of a small factory have many complaints about their employer and their working conditions. They gather for a meeting to discuss possible pursuits to solve the problem. By vote, they decide to create a bargaining unit and join a union to represent their collective interests. The union representative contacts the employer to inform him of the employees' actions. The employer refuses to bargain in any fashion. The basis is that he does not recognize the union as the representative of his employees and will not proceed to bargain until the union is "certified." He does not have this right.

Accepted Answer

Under U.S. labor law, specifically the National Labor Relations Act (NLRA), employers are required to bargain with a union that has been designated by a majority of employees in a bargaining unit. However, the employer's obligation to bargain typically begins only after the union has been certified by the National Labor Relations Board (NLRB) as the representative of the employees. Certification is a formal process that verifies the union represents the employees.

Question 14

A union has just announced to a pool of prospective workers that there will be an upcoming "hiring hall." This event occurs when a union matches its unemployed members with employers who require workers. At a later general membership meeting some of the union members were discussing the results of the "hiring hall." As discussion progressed the participants noticed a pattern of hiring. All the new people hired were visible minority females. A group of white males, feeling the practice had been unfair, filed a collective complaint against the union on the basis that the union neglected its duty of Fair Representation. Discuss this scenario with respect to union, government and public policies dealing with standards and qualifications hiring.

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Question 15

Explain the process by which a trade union may become the exclusive bargaining representative of a group of employees and, in particular, the method by which a labour relations board may determine the extent of employee support for the union in a particular bargaining unit.

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Question 16

Stanley Morgan was employed by Pharmaco, a pharmaceutical manufacturer, as a commissioned drug salesman. Stanley's responsibilities involved driving throughout the province marketing Pharmaco's product line to medical practitioners and drug retailers. In order to carry out his duties Stanley owned a station wagon which allowed him to carry his samples as well as his luggage for overnight trips. Stanley's employer gave him a substantial fixed, car allowance for using his own vehicle for company business. One sunny Friday in July, Stanley, having completed his sales calls for the day, decided to take the afternoon off and went to play golf. On his way to the course, Stanley was driving into bright sunlight, and failed to see Mrs. Seymore crossing the street, and struck her with the car. Mrs. Seymore suffered numerous injuries from the accident. What are the rights and liabilities of the parties in this case? If legal action were taken, what would be the outcome?

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The answer of Stanley Morgan was employed by Pharmaco, a...

Question 17

Employees who are terminated may seek remedies from the court if they believe they have been wrongfully dismissed. Discuss the nature of such remedies available and the factors which are considered in evaluating such cases.

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The answer of Employees who are terminated may seek remedies...

Question 18

Asturi was a newly graduated dentist who worked as an associate dentist with Richards at Richards' dental office. Richards had been a dentist for nearly twenty years and had a large patient base. Asturi was responsible for attracting new patients to the practice. Richards did not pay Asturi a salary, rather, Asturi paid a percentage of his gross billings to the practice's management company.
Asturi felt that he was paying over too much of his profit and decided to leave the arrangement with Richards and set up his own office. He did not give Richards any notice before he left to open his own practice directly across the street. Asturi also photocopied his patients' records and sent them announcements of his new location.
Richards was very upset by Asturi's actions and decided to take legal action. He claimed that Asturi was not entitled to set up a competing dental practice in such close proximity to his own and that Asturi had no right to solicit patients or to misappropriate patient records. Discuss the rights and liabilities of the parties involved and render a decision.
C.C.E.L. 160.
The initial thrust of this case is to determine whether Asturi is an employee or an independent contractor. His responsibilities toward Richards will be vastly different depending on the outcome of that determination.
After applying the fourfold and organization tests to this arrangement the outcome is not absolutely clear. However, it resembles more the independent practitioner than employee. The control over Asturi by Richards appears to be limited. The ownership of tools is unclear, however the chance of profit and risk of loss seem to lie squarely with Asturi. As he is not paid a salary as an employee would be, he bears considerable risk for both profit and loss as an independent practitioner would. His work does not exactly resemble that of an independent contractor in that his services are not accessory to the business of Richards although the initiative to do the work and the manner in which it is done are largely within Asturi's control.
Concluding then that Asturi in not an employee, he does not owe that same duty of care to Richards. He has his own practice which he is entitled to locate where he wishes. There is no evidence of a restrictive covenant in any contract which may exist between Asturi and Richards. Asturi is also entitled to take his patients with him and to copy their records. However, whether Asturi is an employee or an independent practitioner does not relieve him of the obligation to provide sufficient and reasonable notice to Richards of his intention to leave the arrangement and set up his own practice elsewhere.
At trial the leaving dentist was found not to be an employee and was free to set up the separate practice in close proximity and to take his patients with him. He was found liable for damages for failing to give reasonable notice which was determined by the court as six weeks.

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The answer of Asturi was a newly graduated dentist who...

Question 19

Compare and contrast the treatment of employees with respect to discharge and discipline under a collective agreement and in the common law employment relationship. What are the implications of the unionized situation for an employer's hiring decisions?

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Question 20

The notion of "suspending" an employee, while a common disciplinary measure under collective agreements, has no basis in the Common Law.

Accepted Answer

Common Law does not inherently provide for the suspension of employees; it is typically governed by the terms of employment contracts or collective agreements.

Quiz 19: Employment and Labour Relations