Question 1

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

This statement is true. When the Labour Relations Board is unsure about the level of support for a union, they will often hold a vote to determine the wishes of the employees.

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

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

This statement is true. Once a collective agreement is negotiated and signed by both the union and the employer, it becomes legally binding on both parties, including the employees represented by the union.

Question 4

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 5

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 6

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

This is correct. In order to obtain damages for negligent misrepresentation in this scenario, the individual must show that they have suffered a loss of something other than high expectations. Simply having high expectations that were not met is not enough to prove negligent misrepresentation.

Question 7

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 8

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. For a union to be certified as the bargaining representative for a group of employees, they must show that the majority of the employees in the bargaining unit wish to be represented by the union. This is typically demonstrated through a certification process, which can include a secret ballot vote or other means of determining employee support for the union.

Question 9

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

The statement is true. The Labour Relations Board determines the appropriateness of the bargaining unit before certifying the union as the bargaining representative of the employees.

Question 10

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 responsibility to prevent discrimination not only from their own actions, but also from their employees towards one another in the workplace. This is outlined in various anti-discrimination laws and policies.

Question 11

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

According to the formula given, the severance pay for a 50-year-old person with 29 years of service as a skilled machinist would be:
- (1.5 weeks pay x 29 years of service) + (1 week pay x 5 years over age 45) = 43.5 weeks pay + 5 weeks pay = 48.5 weeks pay
This is a reasonable severance pay according to employment law. Therefore, the statement is true.

Question 12

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 mentions that the method of resolving disputes is by way of compulsory arbitration, indicating that it is true that they have agreed upon this method.

Question 13

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

This is a basic principle of collective bargaining where the union represents the employees as a group and negotiates with the employer on their behalf. It ensures equal bargaining power and protection for all employees in the bargaining unit.

Question 14

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

Accepted Answer

The organization test has replaced the fourfold test as the determinant of the existence of an employment relationship in some jurisdictions, such as Canada. However, this may not be the case in all jurisdictions.

Question 15

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 statement is true according to the National Labor Relations Act (NLRA) which governs the formation and activities of labor unions. Before engaging in collective bargaining with their employer, employees must first establish or join a union.

Question 16

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 within the scope of her employment when she rented a car to make the rush delivery for her employer. Therefore, her employer could be held liable for any damages arising from the accident.

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 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 18

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

This is true as companies can apply for an injunction to reduce the number of pickets and prevent blockage of their property if violence occurs during a strike.

Question 19

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 is true according to the National Labor Relations Act (NLRA) in the United States. The Labour Relations Board, also known as the National Labor Relations Board (NLRB), is responsible for administering the NLRA and overseeing the certification of bargaining agents for employees. Therefore, if the employer refuses to bargain with the chosen bargaining agent, certification by the Labour Relations Board is necessary before collective bargaining can occur.

Question 20

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.

Quiz 19: Employment and Labour Relations