Question 1

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

For a union to be certified as the bargaining representative of employees, it must demonstrate that a majority of the employees in the bargaining unit wish to be represented by the union, typically through a vote or signed authorization cards.

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. 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 3

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

Employers have a legal and ethical responsibility to prevent discrimination in the workplace, which includes ensuring that employees do not engage in discriminatory behavior towards each other. This is often achieved through policies, training, and disciplinary actions.

Question 4

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

When employees are represented by a trade union in a bargaining unit, the union acts as the exclusive representative for all employees in the unit for purposes of collective bargaining. Individual negotiations between the employer and employees in the unit are not permitted, as this would undermine the collective bargaining process.

Question 5

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 6

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

Compulsory arbitration is a common method for resolving disputes that arise out of collective agreements, including those involving unions in various industries. It involves a neutral third party making a binding decision to resolve the dispute.

Question 7

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

When a union negotiates a collective agreement with an employer, it becomes binding on all employees represented by the union, including those who may not be union members, as the union acts as the exclusive bargaining representative for the employees in the bargaining unit.

Question 8

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

Before a union can be certified as the bargaining representative of employees, the Labour Relations Board must determine if the group of employees (bargaining unit) is appropriate for collective bargaining purposes. This involves assessing factors like the employees' job functions, work locations, and employer organization to ensure effective representation and bargaining.

Question 9

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 10

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

Under the legal doctrine of vicarious liability, an employer can be held responsible for the negligent actions of an employee if those actions were performed within the scope of employment. Since Cynthia was completing a work-related task for Perfect Printing Ltd. at the time of the accident, the company could potentially be liable for damages.

Question 11

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

For a claim of negligent misrepresentation related to job responsibilities and authority, the plaintiff must demonstrate actual damages beyond mere disappointment or unmet expectations, such as financial losses incurred from accepting the misrepresented position.

Question 12

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 13

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

Before employees can request their employer to engage in collective bargaining, they must either form a union or join an existing one, as the union serves as their representative in negotiations.

Question 14

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

In many jurisdictions, if an employer refuses to voluntarily recognize and bargain with a union chosen by its employees, the union must be certified by the relevant Labour Relations Board or similar body as the official bargaining agent for the employees before it can legally compel the employer to engage in collective bargaining. This certification process typically involves a formal application by the union, followed by a verification of the union's support among employees, often through a secret ballot election.

Question 15

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

Accepted Answer

The organization test is the current legal test used to determine the existence of an employment relationship, replacing the fourfold test.

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. 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 17

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

When violence occurs on a picket line, and police assistance fails to prevent damage, companies can indeed seek a court injunction to limit the number of picketers and ensure access to their property. This legal measure aims to protect property and ensure safety while respecting the rights of workers to strike.

Question 18

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 19

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 20

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

This formula exceeds the minimum statutory requirements in many jurisdictions, providing a more generous severance package that takes into account both the length of service and the age of the employee, which can be seen as reasonable especially in cases of plant closures where finding similar employment may be challenging for older, long-term employees.

Quiz 19: Employment and Labour Relations