Question 1

An arbitration board or sole arbitrator usually hears disputes concerning

Accepted Answer

Arbitration boards or sole arbitrators usually hear disputes over the interpretation and application of a collective agreement, including grievances related to workplace issues such as wages, benefits, discipline, and termination. The other options listed may be heard by other bodies such as labour relations boards, human rights tribunals, or certification boards.

Question 2

Which of the following would be required by the duty to bargain in good faith?

Accepted Answer

The answer of Which of the following would be required...

Question 3

An employer has made a financial decision to lay-off workers.Shane has decided to invoke her bumping rights.The collective agreement allows bumping, but specifically prohibits bumping up.Which of the following is most likely to be TRUE?

Accepted Answer

Since the collective agreement prohibits bumping up, Shane cannot move into a more senior position. However, she can exercise her bumping rights to move into a more junior position for which she is qualified without any reduction in pay. Option A correctly represents this scenario. Option D is incorrect as it contradicts the fact that bumping is allowed, but with certain restrictions.

Question 4

Local 121 and Highflyers Inc management are working on a collective agreement.Local 121 is seeking to include a provision that allows bumping up.Highflyers management feels strongly that such provision should not be included because it wants to be able to

Accepted Answer

The answer of Local 121 and Highflyers Inc management are...

Question 5

Gus and Marty are members of the Ironworkers Union.They are qualified to work on the construction of bridges and multi-storey buildings.Each year, they pay a membership fee to the Ironworkers Union and dues are deducted from their pay cheques.In between jobs, they show up at the Ironworkers Hall to receive work assignments.The employer calls the union hall when it needs workers, requesting a certain number of workers with certain skills.The employer will only take union members.This structure is an example of

Accepted Answer

The structure described in the scenario is a closed shop because the employer will only hire union members, and Gus and Marty are required to pay membership fees and dues and receive work assignments through the union hall.

Question 6

Which of the following industries is most likely to select its bargaining agent through a system of voluntary recognition?

Accepted Answer

Homebuilders are typically smaller, more fragmented enterprises that may not have a history of organized labor. As a result, they might be more likely to use voluntary recognition, where the employer agrees to recognize the union without an election, based on evidence of union support. In contrast, the auto industry, steel plants, universities, and hospitals are more likely to have established unions and therefore may use the traditional election process for selecting bargaining agents.

Question 7

In which of the following is an arbitrator (or arbitration panel) similar to a judge?

Accepted Answer

An arbitrator or arbitration panel, like a judge, may apply the principles of equity. This means they can make decisions based on fairness and justice, rather than strictly on the language of the law. The other options listed are not necessarily true for both arbitrators and judges. For example, arbitrators may not be bound by previous jurisprudence, and they may not strictly apply the rules of evidence depending on the rules agreed to in the arbitration agreement.

Question 8

Although Dieter is employed in a "union shop" workplace, he disagrees with the concept of unions in general, and he does not like his own union leaders in particular.He feels that it is contrary to his personal freedom that he must remain a member of the union.If he wishes to both maintain his principles and earn an income, which of the following options is best for Dieter?

Accepted Answer

Dieter's disagreement with unions and his own union leaders presents a fundamental conflict that would likely make it difficult for him to continue working in a unionized workplace. The best option for him would be to find another job in a non-unionized workplace where he can work without having to pay union dues or be a union member. This would be the option that provides him with the most personal freedom and aligns with his principles. Options A, B, and D would require him to remain a member or pay dues to the union, which would contradict his beliefs. Option E would be an extreme and unlikely solution, and would not necessarily guarantee a resolution in Dieter's favor.

Question 9

Chara was hired for a position that required her to quickly assemble parts on an assembly line.Unfortunately, Chara has consistently had problems keeping up with the pace of the other workers, and the line often gets backed up at her station.The employer decided to demote Chara to a cleaning position where she will earn a lower wage.The union grieved the demotion, claiming that management did not show just cause, nor did they warn Chara that continued slowness would result in a demotion.What is the MOST LIKELY outcome of the grievance?

Accepted Answer

A demotion related to competence is non-disciplinary and not subject to review by an arbitrator.

Question 10

As discussed in the text, the Supreme Court of Canada's decision in RWDSU Local 558 v Pepsi Cola Canada Beverages (West) Ltd is most notable for stating that

Accepted Answer

The Supreme Court of Canada's decision in RWDSU Local 558 v Pepsi Cola Canada Beverages (West) Ltd clarified the legality of secondary picketing. The court stated that unless prohibited by statute, secondary picketing is generally lawful, as long as it does not involve tortious or criminal conduct.

Question 11

The Umbrella Workers Local 18 and Parapluie Co had come to a tentative agreement on major issues and the union members voted in favour of it.Nothing, however, had been committed to paper.Thinking that there were some important outstanding issues that needed to be resolved, the umbrella workers continued to strike.Parapluie Co accused the union of striking unlawfully, since an agreement was in place.May the union continue to strike?

Accepted Answer

The answer of The Umbrella Workers Local 18 and Parapluie...

Question 12

Gerhart is representing a large corporation that is trying to put a stop to a grievance by Samson resulting from a disciplinary sanction against him for incompetence.Gerhart hopes to make his argument before the arbitration actually commences and end the matter for all times.Which of the following arguments is MOST LIKELY to achieve this end?

Accepted Answer

If Gerhart can successfully argue that Samson is not covered under the collective agreement, then the arbitration would not have jurisdiction over the matter and it would be dismissed. This would effectively end the grievance for all times.

Question 13

A strike is unlawful in Canada whenever it

Accepted Answer

According to Canadian law, a strike is unlawful when it occurs while a collective agreement is in force. During the term of a collective agreement, workers are required to fulfill their obligations under the agreement, including the duty not to strike. If they do go on strike during this time, it would be considered an unlawful strike.

Question 14

Peter was fired after his manager caught him breaking a workplace rule.Peter filed a grievance and the arbitrator found that while he had contravened an important rule, the collective agreement required more than a single transgression to show just cause for dismissal.Which of the following awards is the arbitrator permitted to craft in her decision?

Accepted Answer

The arbitrator cannot rewrite or delete provisions of the collective agreement. Option A, D, and E are not permitted. Option B is also not possible because the arbitrator can reinstate the employee, but award back pay instead of the reinstatement. Therefore, the only viable option is to substitute the punishment with a warning or suspension and reinstate Peter's job.

Question 15

Local 304 and Kar Manufacturing Inc have just implemented a new collective agreement, but there is trouble already.Local 304 allowed a specific provision addressing retroactivity of wage increases to be dropped because there were other more pressing issues to discuss.The agreement is silent on retroactivity and now Kar management does not intend to institute the agreed upon wage increase retroactively.Which of the following is the correct principle to be used by the arbitrator in resolving the union's grievance?

Accepted Answer

There is a general presumption of retroactivity regarding wage increases in collective agreements. While it is best to address retroactivity explicitly in the agreement, the general presumption is that wage increases are retroactive unless otherwise stated. Therefore, the union has grounds for their grievance and the arbitrator should uphold their claim for retroactive wage increases.

Question 16

An arbitrator ordered Local 234 to cease its illegal walkout from Ardvark Inc.Local 234 decided to continue its action anyway, in order to send a strong message to the employer.How can Ardvark Inc enforce the order against the union?

Accepted Answer

Filing the arbitrator's order with the court and enforcing it in the same way as any judicial order is the best choice as it allows the court to enforce the order as a legal obligation. This gives the employer legal authority to take action against the union if they continue their walkout.

Question 17

A dues shop

Accepted Answer

A dues shop requires hired workers to pay union dues in order to work there but does not necessarily require them to join the union. This is different from a closed shop, which requires all employees to be union members, and from a seniority-based system where a person must pay dues for a certain length of time before being eligible for certain benefits. Option D is a distractor and not a correct definition.

Question 18

What is the most usual means of resolving a dispute that arises under an existing collective agreement?

Accepted Answer

Grievance arbitration is the most common and preferred method of resolving a dispute under an existing collective agreement. It involves an impartial third-party arbitrator who listens to both sides and makes a binding decision. Litigation is time-consuming and costly, mediation and conciliation are voluntary, and strike or lockout should be the last resort.

Question 19

After a union membership drive, if more than a majority of employees in an appropriate bargaining unit become members, the unit is automatically certified in

Accepted Answer

The answer of After a union membership drive, if more...

Question 20

During the process of negotiating a collective agreement, Local 969 and the employer come to an impasse.The problem lies in the fact that the employer simply refuses to meet and discuss the issues.In this situation,

Accepted Answer

The employer has breached the duty of good faith which is a legal obligation of both parties during the collective bargaining process. This breach may lead to legal consequences and may require additional measures to resolve the impasse, such as mediation or arbitration.

Quiz 26: Organized Labour