Question 1

One less common method of acquiring bargaining rights is through voluntary recognition by the employer.

Accepted Answer

Voluntary recognition occurs when an employer recognizes a union without an election due to the union's majority support among workers. This method of acquiring bargaining rights is less common than winning them through an election or certification process administered by a government agency.

Question 2

Hans, a union member, was demoted due to incompetence in the workplace. The collective agreement contained a just cause provision. The employer's decision is, therefore, not subject to review by an arbitrator.

Accepted Answer

The answer of Hans, a union member, was demoted due...

Question 3

Some employee organizations are not entitled to take part in the collective bargaining process.

Accepted Answer

Only employee organizations that meet certain criteria, such as being recognized by a majority of employees in a bargaining unit or having a clear and identifiable membership, are entitled to take part in the collective bargaining process. Some types of employee organizations, such as professional associations or fraternal organizations, may not meet these criteria and therefore are not entitled to participate in collective bargaining.

Question 4

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.

Accepted Answer

The answer of The International Sisterhood of Drum- Makers is...

Question 5

Madeleine is a labour arbitrator hearing a dispute. During its submissions, one of the parties provides Madeleine with a case that is virtually identical to the facts in dispute. Even if the case has not been overruled and there are no other cases that go in the opposite direction, Madeleine is free to disregard the case if she thinks it is wrongly decided.

Accepted Answer

As a labour arbitrator, Madeleine does not have to follow the doctrine of precedent that binds judges in higher courts. She can choose to disregard a case if she believes it is wrongly decided, even if it has not been overruled and there are no conflicting cases.

Question 6

Only a panel of three labour arbitrators can hear disputes about violations of the governing labour relations statute.

Accepted Answer

The answer of Only a panel of three labour arbitrators...

Question 7

Albert represents a small union that is in the midst of negotiating its very first collective agreement. The main issues are ironed out but the union leader wishes to know what the minimum requirements are to make the deal enforceable. How should Albert advise his client?

Accepted Answer

The answer of Albert represents a small union that is...

Question 8

Management and unions have some say as to the procedure for dealing with grievances so long as they stipulate the procedure in their collective agreement.

Accepted Answer

Management and unions can agree on the procedure for dealing with grievances through their collective agreement.

Question 9

What are the necessary elements of a strike? Using the elements you have listed, provide and analyze one example of employee actions that would be seen as a strike and one example of an employee action that would not be seen as a strike.

Accepted Answer

The answer of What are the necessary elements of a...

Question 10

A provincial Ministry of Education stipulated that secondary school teachers would have to spend more hours each day teaching in the classroom. As a result, teachers had to prepare for classes on their own time. In protest, certain teachers' union locals refused to participate in extracurricular activities such as athletic teams and student clubs. Teachers had traditionally led these activities on a voluntary basis. A board of education wishes to grieve that the union is engaged in an illegal strike. Analyze this issue and determine whether the board of education's position will be adopted.

Accepted Answer

The answer of A provincial Ministry of Education stipulated that...

Question 11

Arbitrators can issue awards but they do not have the power to enforce them.

Accepted Answer

Arbitrators can only issue awards, but it is up to the parties involved to voluntarily comply with the award. If one party fails to comply with the award, the other party can go to court to get the award enforced.

Question 12

Every worker in Canada has the right to join a union.

Accepted Answer

The answer of Every worker in Canada has the right...

Question 13

There is no right to strike expressly stated in either the Charter of Rights and Freedoms or by common law.

Accepted Answer

The right to strike is not explicitly mentioned in the Charter of Rights and Freedoms or by common law. However, the Supreme Court of Canada has recognized it as an implied right under the freedom of association.

Question 14

Albert represents a small union that is in the midst of negotiating its very first collective agreement. After explaining the minimum requirements to ensure that the agreement is enforceable, Albert is asked to provide some basic information on key terms, such as those dealing with strikes and lockouts, grievance procedures, and union security. What will Albert say?

Accepted Answer

The answer of Albert represents a small union that is...

Question 15

Collective agreements are best thought of as contracts between multiple parties.

Accepted Answer

The answer of Collective agreements are best thought of as...

Question 16

The employees of Lou's Construction have asked Lou to recognize their trade union as the bargaining agent for his employees. If Lou provides voluntary recognition, his decision cannot be challenged.

Accepted Answer

If Lou provides voluntary recognition, his decision can be challenged by other unions or employees who may claim that they represent the majority of employees or have not been given the opportunity to participate in the process. The best practice is to hold a secret ballot election supervised by the labor board to ensure that the majority of employees support the union before recognizing it.

Question 17

Superset Inc is a "union shop," organized labour employer. Hannah is not a member of the union. Hannah can still work for Superset so long as she is willing to become a union member before she starts work.

Accepted Answer

In a "union shop," employees are not required to be union members when hired but must join the union within a certain period after starting employment.

Question 18

Local 66 has recently been certified to represent the employees of a large manufacturing company. Shep expresses his dissatisfaction with the union. Unfortunately for Shep, he will not be able to bargain on his own behalf with his employer.

Accepted Answer

Once a union is certified to represent employees, individual employees like Shep typically cannot negotiate separately with the employer, as the union is the exclusive bargaining representative.

Question 19

After a strike, workers have a guaranteed right to be reinstated to their previous positions.

Accepted Answer

While many labor laws protect workers' right to strike, there is no guaranteed right to reinstatement following a strike. Employers may choose to replace striking workers or permanently close the business. In some cases, unions may negotiate reinstatement or other benefits for their members as part of the resolution to the strike, but this is not guaranteed.

Question 20

Until a contract is secured, any union is free to attempt to negotiate a desirable collective agreement on behalf of the bargaining unit.

Accepted Answer

Only the union that has been officially certified or recognized as the exclusive bargaining agent for the bargaining unit has the right to negotiate a collective agreement on behalf of that unit.

Quiz 27: Organized Labour