Question 1

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?

Accepted Answer

When an employer sells the business to another entity, the purchaser is bound by the terms of the collective agreement. This is because the collective agreement is a contract between the union and the employer, and the new entity steps into the shoes of the employer. The new owner is therefore obligated to honor the agreement, including its provisions for wages, benefits, and working conditions. However, the purchaser may be able to renegotiate the terms of the agreement after the sale, but only with the agreement of the union.

Question 2

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?

Accepted Answer

The dismissal of an employee who is a member of the organizing committee during a union organizing campaign is considered an unfair labor practice. Therefore, a complaint can be filed with the Labour Relations Board. The Board will conduct a hearing to determine whether the employer has committed an unfair labor practice, unless the parties settle the issue.

Question 3

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

Accepted Answer

Company A is permitted to express their views and opinions on unionization but they cannot interfere, threaten, or retaliate against employees who choose to support a union. This includes transferring or threatening to transfer employees, promising wages in exchange for rejecting the union, or making false statements about the consequences of unionization. Company A can, however, provide information about the company's position on unionization and why they believe it is not necessary for their business.

Question 4

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?

Accepted Answer

The union's bargaining rights and the collective agreement are not affected by the sale of the business. The new owner is bound by the collective agreement and must continue to negotiate with the union. The union's bargaining rights are protected under labor laws and cannot be terminated simply by a change in ownership.

Question 5

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

Accepted Answer

Issuing a written statement referring to a wage increase if the union is defeated can be considered an unfair labor practice because it is seen as an attempt to influence or coerce employees in their decision regarding union representation, which violates labor laws in many jurisdictions.

Question 6

A union could be guilty of unfair labour practices:

Accepted Answer

Unions could be guilty of unfair labour practices during the union organizing campaign, contract negotiations or during the term of the collective agreement, as per the National Labor Relations Act (NLRA). Unfair labor practices are not limited to employer conduct, and both employers and unions can be held accountable for violating the NLRA.

Question 7

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.

Accepted Answer

The answer of Describe four reasons why employees join unions.For...

Question 8

The decertification process is important because it:

Accepted Answer

The decertification process is important because it protects employees from weak or inefficient unions. It allows employees to vote to end their union's representation and seek a different union or choose to remain union-free. It ensures that unions are accountable to their members and are providing effective representation.

Question 9

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

Accepted Answer

The employer is allowed to communicate to employees in most jurisdictions provided that there is no intimidation or coercion. While there may be restrictions on the frequency or mode of employer communication, it is generally legal to communicate with employees during an organizing campaign and certification process as long as it does not constitute interference or coercion. Choices A, B, C, and D are incorrect as they provide inaccurate information regarding the organizing campaign and certification process.

Question 10

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?

Accepted Answer

While remedies A, B, D, and E are all common remedies that could be granted by a Labour Relations Board for unfair labour practices, punitive damages are not typically available in this context. Punitive damages are a type of damages that are meant to punish a party for particularly egregious conduct, and they are generally only awarded in cases where the plaintiff can meet a higher burden of proof than is required for other types of damages. In the context of unfair labour practices, the focus is generally on restoring the status quo to the extent possible and deterring future misconduct, rather than punishing the employer.

Question 11

The statutory freeze means that:

Accepted Answer

The answer of The statutory freeze means that:
...

Question 12

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?

Accepted Answer

Providing the annual wage increase on the scheduled date is a normal business practice and is not viewed as an unfair labour practice during an organizing campaign and the certification process. B, D, and E are all viewed as unfair labour practices as they interfere with employees' right to engage in union activities. C may also be viewed as an unfair labour practice as it may discourage or retaliate against employees for their union activities.

Question 13

A union filed an application for certification to represent employees at a manufacturing facility.There are 50 employees in the proposed bargaining.On the day of the representation vote 40 employees voted.How many votes must the union obtain to be certified?

Accepted Answer

In order for the union to be certified, they must obtain a majority of the votes cast. Since 40 employees voted, half of that number is 20. Adding one vote to that number gives us the majority required, which is 21. Therefore, the union must obtain at least 21 votes to be certified.

Question 14

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

Accepted Answer

The answer of Describe in detail four reasons why some...

Question 15

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?

Accepted Answer

The employees can file an application for a decertification in the open period, which is usually a specific window of time (often several months) prior to the expiration of the collective agreement. During this open period, employees can file a petition to the labor board requesting a decertification vote to remove the union as their bargaining representative. However, it is important to note that this process can be complex and may require legal assistance. The employer cannot directly assist employees in filing a decertification application, and they cannot file one themselves. Option E is incorrect because employees can also choose to decertify the union without first certifying another union, although this process can be more difficult than simply replacing one union with another.

Question 16

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

Accepted Answer

The answer of The Framework of Fairness agreement between Magna...

Question 17

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?

Accepted Answer

In some jurisdictions, such as Canada, the burden of proof is on the employer to demonstrate that the dismissal was not related to the employee's involvement in the union organizing campaign. Therefore, option D is correct. Option A is not applicable as a grievance would be filed if the employee was terminated for a reason covered in the collective bargaining agreement. Option B is incorrect as the Labour Relations Board has jurisdiction over unfair labour practice complaints. Option C and E are both incorrect as burden of proof exists in this matter.

Question 18

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?

Accepted Answer

Certification without a vote is available in some jurisdictions where there is evidence of unfair labour practices by the employer during a union organizing campaign. It is not available in all jurisdictions and is only granted under certain conditions.

Question 19

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

Accepted Answer

Different jurisdictions may have different methods for determining union support, but generally a representation vote is the most common and widely accepted method. It allows for a secret ballot where all employees can have a say in whether they want to be represented by a union.

Question 20

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

Accepted Answer

The answer of A union has started an organizing campaign...

Quiz 6: Collective Bargaining Rights