Canadian Industrial Relations
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Course Introduction
Canadian Industrial Relations explores the dynamic interactions between employers, employees, and the government within the Canadian context. This course provides an in-depth understanding of the evolution and structure of labour unions, collective bargaining processes, and the impact of labour laws and regulations on the workplace. Students will examine key issues such as negotiation strategies, dispute resolution, union-management relations, and the role of industrial relations in balancing organizational objectives with employee rights. Real-world case studies and recent developments in Canadian industrial relations are discussed to develop the analytical skills essential for navigating the evolving world of work in Canada.
Recommended Textbook
Industrial Relations in Canada 4th Edition by
Fiona A.E. McQuarrie
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Chapter 1: An Introduction to Industrial Relations in Canada
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Q1) What is meant by the term "jurisdiction"?
A) The geographic coverage of a piece of legislation
B) The history of the legislation in a given area
C) The question of which arbitrator will adjudicate a dispute
D) Legal responsibility for an issue
Answer: D
Q2) In 1995 the government of Ontario excluded farm workers from the jurisdiction of labour law claiming they would cause excessive labour costs.
A)True
B)False
Answer: True
Q3) List some issues that are typically covered by employment standards legislation.
Answer: Employment standards legislation usually covers issues such as working hours, minimum wage rates, holiday time, and the minimum time needed for notice of termination or layoff.
Q4) What is meant by the term 'systemic discrimination'?
Answer: This form of discrimination occurs when an organization or individual uses policies or practices that have the effect (sometimes unintentionally) of discriminating against groups of individuals.
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Chapter 2: Theories of Industrial Relations
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Q1) According to E. Wight Bakke, what is the worker's main reason for joining a union?
A) To counter the forces of capitalism
B) To achieve a specific standard of living
C) To improve their political power
D) To encourage the development of socialism
Answer: B
Q2) The 14<sup>th</sup> century craft guilds were like unions in what regard?
A) Provided employment protection to guild members
B) Provided incentives to members to join
C) Encouraged members to work on only one aspect of the final product
D) Acted on behalf of the members with facility owners
Answer: A
Q3) In John Dunlop's framework, unions are one of two main actors in the industrial relations system, the other being management.
A)True
B)False
Answer: False
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Chapter 3: History of the Canadian Union Movement
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Q1) What political party has traditionally been allied most closely to the Canadian labour movement at the federal level?
A) The Liberal Party
B) The Social Credit Party
C) The New Democratic Party
D) The Conservative Party
Answer: C
Q2) Which of the following best describes the major implication of the Rand Formula?
A) Automatic deduction of union dues from employees' paycheques
B) Nondiscretionary membership in the union
C) All employees covered by the certification must encourage others to join the union
D) All of the above
Answer: A
Q3) One of the strategies used to stop the growth of unions was the use of criminal conspiracy charges.
A)True
B)False
Answer: True
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Chapter 4: The Structure of Canadian Unions
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Q1) Describe the range of activities in which labour councils are involved.
Q2) Which of the following is generally thought to not factor prominently enough in union functions?
A) Protecting wages
B) Advocating for laws to help working people
C) Protecting working conditions
D) Collective bargaining
Q3) Usually the union membership is free to structure the union as it sees fit.
A)True
B)False
Q4) What two factors determine how local union decisions are made?
A) Majority of votes cast in favour and influence of the executive
B) Wishes of the membership and influence of the business agent
C) High member participation and turnout at membership meetings
D) None of the above
Q5) What are some of the services provided by provincial labour federations?
Q6) What does it mean to be 'in good standing'?
Q7) What is the approach of the Canadian Labour Congress when a prospective union does not fit within any of the CLC's established jurisdictions or spheres of activity?
Page 6
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Chapter 5: The Organizing Campaign
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Q1) "Client leverage campaigns" involve:
A) Lobbying the public for greater union support in order to gain new client employers
B) Educating the membership about potential new client employers
C) Going to the clients of the contractors in the members' industry to communicate the risk of questionable employment practices
D) None of the above
Q2) What did a comparative analysis of Canadian and American unionization rates between1984 and1998 indicate?
A) That company downsizing was on the rise and unionization was the reason
B) A shift in legislation may have contributed to a decline in unionization
C) That changes to labour legislation is creating the perfect environment for greater union activity in Canada
D) That hlow wages in non union workplaces in the U.S. resulted in employees placing greater value on unionizeds workplaces
Q3) A 'sweetheart agreement' does not consider the needs and wants of the employees.
A)True
B)False
Q4) What are the three major components of an application for certification?
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Page 7
Chapter 6: Establishing Union Recognition
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Q1) What is an unfair labour practice in the context of an organizing campaign?
Q2) A union can circumvent the application bar by withdrawing their original application for certification for non-technical reasons.
A)True
B)False
Q3) Who conducts a representation vote in the workplace?
A) The employer
B) The union
C) The employer and the union jointly
D) The labour relations board
Q4) In all Canadian jurisdictions, a representation vote occurs only when all of the issues related to the certification application have been resolved.
A)True
B)False
Q5) When do most unfair labour practices tend to occur?
A) During the decertification process
B) During the collective bargaining process
C) During the certification process
D) In the few weeks following arbitration decisions
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Chapter 7: Defining and Commencing Collective Bargaining
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Q1) Discuss the ideal composition of a management bargaining committee. (183-184)
Q2) What is the term used when one of the parties bargains without any serious intent of concluding a collective agreement?
A) Surface bargaining
B) Circumvention
C) Intransigence
D) Boulwarism
Q3) Under which of the following circumstances can labour boards be proactive in allegations of bad faith?
A) At the beginning of the bargaining
B) When there has been an impasse
C) To order the parties back to the table
D) None of the above
Q4) Which of the following is an example of the subjective criteria that will be used to assess a bad faith complaint?
A) Ethical or moral issues
B) The strategy behind a management proposal
C) Management considerations of future lay offs
D) Economic factors
9
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Chapter 8: The Collective Bargaining Process
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Q1) What is the purpose of a strike or a lockout?
Q2) During which of the negotiation stages do the parties begin to retreat from their initial positions in order to find an agreement?
A) The memorandum of agreement stage
B) The final negotiation stage
C) Establishing the bargaining range
D) Narrowing the bargaining range
Q3) Integrative bargaining is characterized by the notion of win/ loss.
A)True
B)False
Q4) It is common for each party to have on a laundry list of proposals some items that are considered essential.
A)True
B)False
Q5) What stage marks the exchange of counter proposals?
A) Pre-negotiation stage
B) Ratification stage
C) Critical stage
D) The second and third stages
Q6) List and describe the factors affecting the union's bargaining power.
Page 10
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Chapter 9: Strikes and Lockouts
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Q1) All who are involved in a strike must conduct themselves according to the law. Which of the following constitutes an example of compliance with the law?
A) Handing out leaflets
B) Destruction of property
C) Physical violence
D) Intimidation of people entering the premises
Q2) In several Canadian jurisdictions, third-party intervention is required before a strike or lockout can take place. What is the philosophy behind such a requirement?
Q3) What is a wildcat strike?
A) An illegal strike that takes place during the term of a collective agreement
B) A legal strike that takes place during the term of the collective agreement
C) A legal strike that takes place at the outset of collective bargaining
D) An illegal strike that occurs at the expiry of the collective agreement
Q4) When picketing a struck place of employment, picketers are able to say whatever they want on their signs.
A)True
B)False
Q5) What is the basic purpose of a strike or lockout?
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Chapter 10: Third-Party Intervention During Negotiations
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Q1) In the event that the report of the conciliation officer is unable to resolve the dispute, what is the next step in most Canadian jurisdictions?
A) The appointment of a tripartite mediation board
B) The appointment of a mediator
C) The appointment of a tripartite conciliation board
D) The appointment of a labour commissioner
Q2) Describe the difference between grievance arbitration and interest arbitration as well as some of the different forms of interest arbitration. (Page 287-288)
Q3) What is the term used to describe a situation where the availability of a compulsory dispute resolution process weakens the parties' desire to resolve the issues on their own?
A) The narcotic effect
B) The chilling effect
C) Inhibited bargaining
D) Failure to bargain in good faith
Q4) Mediation is the most intensive form of third party intervention.
A)True
B)False
Q5) Describe the role of a conciliator.
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Chapter 11: The Grievance Arbitration Process
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Q1) What is the term used to describe a grievance filed by the union on behalf of all employees?
A) Group grievance
B) Union grievance
C) Policy grievance
D) Comprehensive grievance
Q2) Which of the following is not
A) It can lead to a more timely settlement
B) It encourages a non-adversarial approach
C) It encourages the use of lawyers
D) It is an informal process
Q3) What are the general exceptions to the "grieve, then work" principle?
A) If the collective agreement violation puts the grievor's physical safety in jeopardy
B) When money is at issue
C) If the grievor feels particularly strongly about the issue
D) If the issue concerns a Charter violation
Q4) It has been argued that the arbitration process has become too costly. What are the main components of these costs?
Q5) What is the standard of proof required in arbitration hearings?
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Chapter 12: Changes to the Union or the Employer
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Q1) How long is a certification considered to be in effect?
A) Indefinitely
B) Until the company is sold
C) Until the company is merged with another company
D) All of the above
Q2) Some jurisdictions in Canada allow employers, as well as employees, to make applications for decertification.
A)True
B)False
Q3) Some Canadian jurisdictions require that employers give notice before making a technological change that will affect workers. What is the intent of this requirement?
Q4) What is the term used to describe a situation where there are individuals involved in a business whose knowledge or skills are essential for the operation of the business?
A) Essential services
B) Skills transfer process
C) Key person doctrine
D) Successorship
Q5) When can issues of successorship arise?
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Chapter 13: Future Issues for Workers, Work Arrangements,
Organizations, and the Industrial Relations System
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Q1) Discuss the participation of women in the labour force and in the union movement and the problem of gender imbalance in unions. (Page 388-390
Q2) In Canada, industrial relations follows the more traditional models of union/management relationships. What is one cause of this?
A) Resistance to change
B) Canadian unions have more success with this model
C) Legislation forces this type of relationship
D) It is too costly to embrace new models
Q3) Discuss some of the different forms of work scheduling which are having an effect on employees and unions in the workplace. (Page 397)
Q4) What are some of the reasons why young workers are reluctant to join unions?
Q5) How is globalization affecting the Canadian union movement?
A) It is forcing unions to seek mergers with international unions
B) It is affecting their travel and communication costs
C) It is raising concerns about potential job loss and reduced protection for employees
D) It is increasing their resource base
Q6) Why has globalization become a challenge for Canadian unions?
Page 15
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