Question 1

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

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Question 2

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

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Question 3

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?

Accepted Answer

According to labor laws, an employer can lock out employees if the negotiation and conciliation procedures have been exhausted and the lockout decision is not otherwise unlawful. In this scenario, CoolaCola had been negotiating with the union for several months, and the union had walked away from the negotiating table. Therefore, if the employer had followed proper procedures and exhausted all other options, then locking out the workers would be considered lawful.

Question 4

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?

Accepted Answer

The duty to bargain in good faith governs the negotiating process but does not require the parties to reach any particular agreement. Both parties have an obligation to participate in the bargaining process, to be responsive to each other's proposals, and to make reasonable efforts to reach an agreement. However, the duty does not require either party to make concessions or to agree to terms that they do not consider to be in their best interests.

Question 5

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?

Accepted Answer

The fact that the employees have filed a grievance suggests that they are alleging that their employer has breached some aspect of labour relations legislation or their collective agreement.

Answer: B 
 If the employees have filed a grievance, it is likely that they will attempt to resolve the issue through the internal method of arbitration, which is typically provided for in most collective agreements.

The other choices are incorrect:
A) The success of a grievance is not necessarily dependent on majority support. 
D) Arbitral jurisprudence is not binding on arbitrators, but it may be persuasive in their decision-making. 
E) The responsibility for arbitration expenses should be outlined in the collective agreement.

Question 6

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.

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Question 7

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

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Question 8

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?

Accepted Answer

The business experiencing the alleged secondary picketing will take legal action in a court of common law because secondary picketing is a tort that can be remedied through a civil lawsuit.

Question 9

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

Accepted Answer

The text explicitly states that a collective agreement must be a "written agreement" between the employer and the union, containing provisions related to the conditions of employment. Choices A, B, C, and D are not mentioned as essential requirements in the text.

Question 10

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.

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Question 11

Compare and contrast collective agreements with private contracts.

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Question 12

In the context of seniority in a unionized workplace,

Accepted Answer

A person who voluntarily bumped into a lower job usually is entitled to return to the higher position if that position is reinstated.

Question 13

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

Accepted Answer

Picketing typically refers to a form of protest where individuals or groups stand or march near a workplace, carrying signs or placards with messages related to their cause. Option C, posting messages on a company-only discussion board on the Internet, does not involve physical presence near the workplace and is therefore less likely to be considered picketing. The other options all involve physical presence near the workplace and are more typical examples of picketing.

Question 14

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?

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Question 15

Which of the following is an example of secondary picketing?

Accepted Answer

Secondary picketing involves targeting a business or location that is not the primary place of employment where the labor dispute is occurring, but is connected to it, such as suppliers or customers. In this case, factory employees picketing in front of the factory's biggest supplier (D) is an example of secondary picketing, as they are targeting a business connected to their primary place of employment to exert pressure.

Question 16

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?

Accepted Answer

While employees have the right to strike, they can still be fired for serious misconduct during a strike. Setting fire to company property would likely be considered serious misconduct, and the employer would have grounds to discharge the employees. However, the employer would still need to follow proper procedures for termination and ensure they are not violating any labor laws or collective bargaining agreements.

Question 17

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

Accepted Answer

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. However, it should be noted that the legality of secondary picketing can vary depending on the jurisdiction and specific circumstances of the case.

Question 18

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?

Accepted Answer

Polling the members and obtaining a vote in favor of going on strike after the collective agreement has expired is the best option. This is a lawful way to put pressure on management and allows the workers to exercise their right to strike once the collective agreement has expired. This approach also demonstrates that the union's actions are in response to a legitimate grievance and that the workers have united behind the union's demands. Choosing options A, B, or C would either be unlawful or premature in the current circumstances, and option D is not a specific enough plan of action.

Question 19

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?

Accepted Answer

A union security clause is a clause included in a collective agreement that requires employees to join or pay dues to the union as a condition of employment. The clause can take various forms, such as a closed shop (which requires all employees to be union members), an agency shop (which requires all employees to pay union dues regardless of membership), or a union shop (which requires all new employees to join the union within a certain period). However, the presence or absence of such a clause in a collective agreement is a matter of negotiation between the union and the employer. It is not necessarily part of every collective agreement, and the unionized employees at the Cherryville branch cannot assume that it will be included in theirs. Therefore, statement C is true. Statements A, B, D, and E are incorrect or misleading.

Question 20

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

Accepted Answer

A "union shop" clause in a collective agreement means that new employees are required to join the union in the early stages of their employment. It is not required by law, nor does it involve sales, allow the union to shop around, or strictly limit management's hiring options.

Quiz 27: Organized Labour