Question 1

A group of employees who are employed in the plant of the Crosscut Lumber Company decided to form a union. If the employer refuses to voluntarily bargain with the chosen bargaining agent of the employees, the bargaining agent must be certified by the Labour Relations Board before it may require the employer to engage in collective bargaining.

Accepted Answer

This statement accurately describes the process for certification of a bargaining agent by the Labour Relations Board in order to require an employer to engage in collective bargaining.

Question 2

When collective bargaining negotiations broke down between the Soft Rock Miners' Union and Consolidated Moose Pastures Mining Company, the union called a lawful strike of its members. Picket lines were set up at the entrance to the mine. The union would be held liable for all illegal acts of individual members that occur on the picket line on the basis of vicarious liability.

Accepted Answer

The union would not automatically be held liable for all illegal acts of individual members on the picket line based on vicarious liability. Liability for such acts typically depends on whether the union authorized, participated in, or ratified the illegal acts.

Question 3

While an employee may exhibit morally reprehensible behaviour or character away from the workplace on his or her own time, a court will not allow employers to raise this in support of dismissal of the employee.

Accepted Answer

Courts may consider an employee's off-duty conduct if it is relevant and has a direct impact on the employer's business, reputation, or the employee's ability to perform their duties.

Question 4

While employers must ensure that they conduct their management without discrimination, there is also an obligation on all employers to ensure that employees do not behave in a discriminatory manner between one another in the workplace.

Accepted Answer

The statement correctly reflects the obligation of employers to prevent discriminatory behavior among employees in the workplace.

Question 5

A group of employees who are employed in the plant of the Crosscut Lumber Company decided to form a union. The method of resolving disputes which arise out of the collective agreement is by way of compulsory arbitration.

Accepted Answer

The statement specifies that the method of resolving disputes is by way of compulsory arbitration, indicating that the employees have agreed to use arbitration as a means of resolving collective agreement-related disputes.

Question 6

A group of employees who are employed in the plant of the Crosscut Lumber Company decided to form a union. Where the Labour Relations Board is in doubt as to the support for the union, but a large number of employees appear to be in favour of collective bargaining, the Board will usually hold a vote to determine the wishes of the employees.

Accepted Answer

When there's uncertainty about the level of support for unionization among employees, labor relations boards typically conduct a vote among the employees to accurately determine their collective wishes regarding union representation and collective bargaining. This ensures that the decision to unionize or not is made democratically by the employees themselves.

Question 7

A group of employees who are employed in the plant of the Crosscut Lumber Company decided to form a union. The employees must first establish a union, or invite an existing union to accept them as members before they may request the employer to bargain collectively.

Accepted Answer

This is in accordance with the National Labor Relations Act, which requires employees to organize or join a union before bargaining collectively with the employer.

Question 8

A group of employees who are employed in the plant of the Crosscut Lumber Company decided to form a union. If a collective agreement is negotiated by the union and the employer, it will be binding on the employees as well.

Accepted Answer

Once a collective agreement is negotiated between the union and employer, it becomes legally binding on the employees who are a part of the union.

Question 9

One who accepts a job only to find that the responsibilities and authority of the position are much less than were described may obtain damages for negligent misrepresentation, but importantly they will have to show that they have suffered a loss of something other than high expectations.

Accepted Answer

The statement is true. The individual will need to prove that they suffered a loss, such as financial loss or damage to their reputation, in order to obtain damages for negligent misrepresentation. The fact that their expectations were not met alone is not sufficient.

Question 10

A group of employees who are employed in the plant of the Crosscut Lumber Company decided to form a union. In a regular certification, the union must show that a majority of the employees in the bargaining unit wish to be represented by the union.

Accepted Answer

This is true. In a regular certification process, the union must demonstrate that it has the support of a majority of employees within the designated bargaining unit.

Question 11

A group of employees who are employed in the plant of the Crosscut Lumber Company decided to form a union. Employees in a bargaining unit represented by a trade union are not permitted to negotiate with their employer on an individual basis.

Accepted Answer

Employees in a bargaining unit represented by a trade union must negotiate with their employer through the union, and not on an individual basis. This is a key function of a union - to represent the collective interests of its members in negotiations with management.

Question 12

A group of employees who are employed in the plant of the Crosscut Lumber Company decided to form a union. The Labour Relations Board determines the appropriateness of the bargaining unit before it certifies the union as the bargaining representative of the employees.

Accepted Answer

This is true as the Labour Relations Board determines if the proposed group of employees is an appropriate unit for collective bargaining purposes before certifying the union as their representative.

Question 13

A formula of one-and-a-half weeks pay for each year of service, with a further one-week's pay for each year of age over age 45 is reasonable severance pay, with respect to employment law, on termination due to plant closure for a 50-year-old person with 29 years service as a skilled machinist.

Accepted Answer

The formula of one-and-a-half weeks pay for each year of service, with a further one-week's pay for each year of age over age 45, is a reasonable severance pay according to employment law. In this case, the 50-year-old person with 29 years of service as a skilled machinist would be entitled to a severance pay of 43.5 weeks (29 x 1.5) + (5 x 1) = 43.5 + 5 = 48.5.

Question 14

After the company's delivery van broke down, Cynthia was sent by her employer, Perfect Printing Ltd., to deliver a rush order of printed forms to a customer in a neighbouring city. In order to do so, Cynthia rented a car in her own name and completed the delivery. On her way back Cynthia rear-ended another car that was stalled at an intersection. The rental car company is entitled to bring an action only against Cynthia for damages.

Accepted Answer

The rental car company may pursue action against Cynthia for damages because she was the one driving and the contract was in her name. However, they might also have the option to pursue action against Perfect Printing Ltd. if it can be established that Cynthia was acting within the scope of her employment at the time of the accident. This concept is known as "vicarious liability," where an employer can be held responsible for the actions of its employees if those actions were performed within the course of their employment.

Question 15

When collective bargaining negotiations broke down between the Soft Rock Miners' Union and Consolidated Moose Pastures Mining Company, the union called a lawful strike of its members. Picket lines were set up at the entrance to the mine. If violence occurs on the picket line, and in spite of police assistance damage results, the company may apply to the court for an injunction to reduce the number of pickets, and prevent blockage of the entrance to the property.

Accepted Answer

The company may apply to the court for an injunction to reduce the number of pickets and prevent blockage of the entrance if violence occurs on the picket line and damage results, even with police assistance.

Question 16

When collective bargaining negotiations broke down between the Soft Rock Miners' Union and Consolidated Moose Pastures Mining Company, the union called a lawful strike of its members. Picket lines were set up at the entrance to the mine. If the strike is lawful, the pickets may block the roadway into the mine.

Accepted Answer

While picketing is a lawful activity during a strike, blocking the roadway into the mine would be considered unlawful as it impedes access and could be seen as a form of coercion or intimidation.

Question 17

An employer is vicariously liable for any loss or damage suffered by a third party as a result of an employee's actions.

Accepted Answer

The answer of An employer is vicariously liable for any...

Question 18

The Workers' Compensation Act provides compensation for employees injured during the course of their employment in addition to their right to take legal action for damages.

Accepted Answer

The Workers' Compensation Act typically provides compensation for employees injured during the course of their employment as an exclusive remedy, meaning they generally cannot take legal action against their employer for damages related to the injury.

Question 19

The organization test is replacing the fourfold test as the determinant of the existence of an employment relationship.

Accepted Answer

The organization test is indeed replacing the fourfold test as the determinant of the existence of an employment relationship, as per recent updates in employment law.

Question 20

After the company's delivery van broke down, Cynthia was sent by her employer, Perfect Printing Ltd., to deliver a rush order of printed forms to a customer in a neighbouring city. In order to do so, Cynthia rented a car in her own name and completed the delivery. On her way back Cynthia rear-ended another car that was stalled at an intersection. The accident victim may bring an action against Cynthia's employer for damages.

Accepted Answer

Cynthia was acting in the course and scope of her employment when she was carrying out a delivery for her employer, even though she used her own car to make the delivery. This means that her employer, Perfect Printing Ltd., could be held vicariously liable for the damages caused by Cynthia's negligence in the accident.

Quiz 19: Employment Relationship