Question 1

The university's collective agreement states that it agrees to only hire trades people who belong to a trade union. What kind of clause is this?

Accepted Answer

A closed-shop clause in a collective agreement stipulates that the employer agrees to hire only employees who are already members of the trade union, ensuring that all employees are union members before they are hired.

Question 2

A lawful strike may not occur

Accepted Answer

The answer of A lawful strike may not occur
...

Question 3

Labour legislation establishes the parameters for which processes?

Accepted Answer

The answer of Labour legislation establishes the parameters for which...

Question 4

A process under labour legislation whereby a trade union acquires bargaining rights and is designated as the exclusive bargaining representative of a unit of employees is called

Accepted Answer

The answer of A process under labour legislation whereby a...

Question 5

Baxter, at age 45, was hired as the general manager of the CountrySide Shipping Company by Carrothers, the company president. The initial contract of employment was for a three-year term and was embodied in an exchange of letters between Baxter and Carrothers in 2008. At the end of the three-year term, Baxter continued on as general manager, receiving annual increases in salary, executive profit sharing, pension contributions, and discretionary bonuses, if business was exceptionally good in a given year. In January 2020, for no apparent reason, Carrothers called Baxter into his office, and told him his services were no longer required. Carrothers offered Baxter a week's salary as "severance pay." At the time of termination, Baxter was earning a salary of $70,000 per year, received company paid pension contributions of $5,000 annually, and, in 2019, had received $3,000 from profits shared, and a $5,000 bonus. At Common Law, Carrothers is required to give Baxter reasonable notice of termination.

Accepted Answer

At Common Law, an employer is required to give an employee reasonable notice of termination unless there is a contract specifying otherwise or the termination is for cause. Since Baxter's initial contract did not specify the terms of termination and he was terminated without cause, Carrothers is required to give him reasonable notice or pay in lieu thereof.

Question 6

Where the employees decide that collective bargaining no longer serves its purpose, they can terminate their collective bargaining relationship with their employer. What is the first step in terminating this relationship?

Accepted Answer

The first step in terminating a collective bargaining relationship is to file a decertification request. This is a formal process where employees express their desire to end the representation by their union.

Question 7

Baxter, at age 45, was hired as the general manager of the CountrySide Shipping Company by Carrothers, the company president. The initial contract of employment was for a three-year term and was embodied in an exchange of letters between Baxter and Carrothers in 2008. At the end of the three-year term, Baxter continued on as general manager, receiving annual increases in salary, executive profit sharing, pension contributions, and discretionary bonuses, if business was exceptionally good in a given year. In January 2020, for no apparent reason, Carrothers called Baxter into his office, and told him his services were no longer required. Carrothers offered Baxter a week's salary as "severance pay." At the time of termination, Baxter was earning a salary of $70,000 per year, received company paid pension contributions of $5,000 annually, and, in 2019, had received $3,000 from profits shared, and a $5,000 bonus. Baxter, on receipt of notice of termination from Carrothers, must immediately seek other employment to mitigate his loss, if he intends to take legal action against the company for lost wages.

Accepted Answer

Under employment law, an employee who is terminated without cause is generally expected to make reasonable efforts to mitigate their losses by seeking alternative employment. This principle applies to Baxter's situation, where he may pursue legal action for wrongful termination or breach of contract but must also attempt to find new work to reduce the damages he claims.

Question 8

Baxter, at age 45, was hired as the general manager of the CountrySide Shipping Company by Carrothers, the company president. The initial contract of employment was for a three-year term and was embodied in an exchange of letters between Baxter and Carrothers in 2008. At the end of the three-year term, Baxter continued on as general manager, receiving annual increases in salary, executive profit sharing, pension contributions, and discretionary bonuses, if business was exceptionally good in a given year. In January 2020, for no apparent reason, Carrothers called Baxter into his office, and told him his services were no longer required. Carrothers offered Baxter a week's salary as "severance pay." At the time of termination, Baxter was earning a salary of $70,000 per year, received company paid pension contributions of $5,000 annually, and, in 2019, had received $3,000 from profits shared, and a $5,000 bonus. One week's salary as severance pay would be the equivalent of reasonable notice for Baxter under the circumstances.

Accepted Answer

Given Baxter's long tenure, the nature of his position, and the benefits he received, one week's salary as severance pay would likely not be considered reasonable notice under employment law standards, which typically require a more substantial notice period or compensation for long-term employees, especially in managerial positions.

Question 9

Parties must include the following clauses in their collective agreement:

Accepted Answer

The answer of Parties must include the following clauses in...

Question 10

The ACME Widget Co. has just received notice from the newly certified Widget Union requesting a meeting with management to bargain for a first collective agreement with its employees.

Accepted Answer

The answer of The ACME Widget Co. has just received...

Question 11

Choose the most correct statement: Where a place of employment is a union shop,

Accepted Answer

In a union shop, an employee's continued employment is often contingent upon maintaining membership in the union. This means that while employees may not need to be union members at the time of hire, they must join the union within a certain period and remain members as a condition of their employment.

Question 12

Baxter, at age 45, was hired as the general manager of the CountrySide Shipping Company by Carrothers, the company president. The initial contract of employment was for a three-year term and was embodied in an exchange of letters between Baxter and Carrothers in 2008. At the end of the three-year term, Baxter continued on as general manager, receiving annual increases in salary, executive profit sharing, pension contributions, and discretionary bonuses, if business was exceptionally good in a given year. In January 2020, for no apparent reason, Carrothers called Baxter into his office, and told him his services were no longer required. Carrothers offered Baxter a week's salary as "severance pay." At the time of termination, Baxter was earning a salary of $70,000 per year, received company paid pension contributions of $5,000 annually, and, in 2019, had received $3,000 from profits shared, and a $5,000 bonus. Baxter is not entitled to any notice of termination, because his written contract of employment expired in 2011.

Accepted Answer

After the initial contract expired, Baxter's continued employment under the same conditions, including salary increases and bonuses, implied a renewal of his contract under similar terms, which typically includes the right to a reasonable notice period before termination.

Question 13

Where the employees decide that collective bargaining no longer serves its purpose, they can terminate their collective bargaining relationship with their employer. What is the final step in terminating this relationship?

Accepted Answer

The answer of Where the employees decide that collective bargaining...

Question 14

Compulsory Arbitration eliminates

Accepted Answer

Compulsory arbitration eliminates both the right to strike for employees and the right to lockout for employers, as disputes are resolved through arbitration instead.

Question 15

Representation votes are held

Accepted Answer

Representation votes are specifically held to determine if employees in a bargaining unit support being represented by a union. This is a process used to establish or confirm the desire for union representation among employees within a defined group or bargaining unit.

Question 16

Arbitrators

Accepted Answer

The answer of Arbitrators
...

Question 17

A trade union

Accepted Answer

The answer of A trade union
...

Question 18

An employee's rights under collective bargaining differ from the Common Law employment relationship with respect to

Accepted Answer

Under collective bargaining, employees have specific rights not typically found in common law employment relationships, including the right to strike, specific procedures for discipline and discharge, and limitations on the freedom to contract individually, as these aspects are governed by the collective agreement.

Question 19

The university's collective agreement states that part-time instructors must become union members after they have instructed more than two consecutive terms. What kind of clause is this?

Accepted Answer

This is a Union-shop clause, which requires employees to join the union within a certain time frame after being hired, in this case, after instructing more than two consecutive terms.

Question 20

The ACME Widget Co. reached an agreement for a first collective agreement with the Widget Union.

Accepted Answer

The answer of The ACME Widget Co. reached an agreement...

Quiz 19: Employment and Labour Relations