Employment Law
Midterm Exam
Course Introduction
Employment Law explores the legal principles and regulations governing the relationship between employers and employees. The course covers key topics including employment contracts, workplace discrimination, wages and hours, health and safety, termination of employment, collective bargaining, and the legal rights and obligations of both parties within the employment context. Students will analyze statutes, administrative regulations, and case law to understand how employment law evolves in response to social and economic changes. The course also examines practical aspects of compliance with employment standards and offers insight into the resolution of workplace disputes.
Recommended Textbook
Industrial Relations in Canada 4th Edition by
Fiona A.E. McQuarrie
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13 Chapters
712 Verified Questions
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Page 2
Chapter 1: An Introduction to Industrial Relations in Canada
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Sample Questions
Q1) Which of the following disciplines could address industrial relations issues?
A) Medicine and psychology
B) Law and medicine
C) Economics and Sociology
D) Political science and psychiatry
Answer: C
Q2) When did the Royal Commission to Enquire into Industrial Relations in Canada issue its report?
A) 1900
B) 1909
C) 1919
D) 1929
Answer: C
Q3) Like any organization, a union is the product of the individuals who belong to it, and individuals in unions, as in any organization, can make poor decisions or act unfairly.
A)True
B)False
Answer: True
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3
Chapter 2: Theories of Industrial Relations
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Q1) Selig Perlman believed that unions needed the support of the middle class and that they should respect some of the bases of capitalism in order to effectively represent the interests of workers.
A)True
B)False
Answer: True
Q2) During the Industrial Revolution, the use of child labour was commonplace in many factories. What was the effect of laws passed in Britain in 1819?
Answer: Laws passed in Britain in 1819 disallowed the employment of children younger than nine and prohibited older children from working more than twelve hours per day. There were still few protections for adult workers and the few that existed were poorly enforced.
Q3) Success within the guild required all but the following attributes
A) Good health
B) Good support system
C) Skill
D) Good work ethic
Answer: B
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4
Chapter 3: History of the Canadian Union Movement
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Q1) Which of the following is not a manifestation of the development of industrial relations?
A) Conflict between regions
B) Conflict between economic and social classes
C) Conflict between skilled and unskilled workers
D) Conflict between ideals
Answer: C
Q2) The period of economic growth that began in the early 1900s lasted until approximately 1914, at which time international unions accounted for approximately 80 percent of total Canadian union membership.
A)True
B)False
Answer: True
Q3) The Winnipeg General Strike of 1919 saw the police force being fired because of A) Continued tensions arising from the ongoing strike
B) Supporting the strikers
C) Not being forceful enough with strikers
D) Special constables being better equipped to deal with the strikers
Answer: B
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Page 5
Chapter 4: The Structure of Canadian Unions
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Q1) 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
Q2) Parent unions generally set aside a percentage of their fees for a strike fund used to pay members when they are on strike or locked out.
A)True
B)False
Q3) What elements of the labour council's work are financed through dues from local union affiliates?
A) Elections and other local union votes
B) Union work performed by the elected officers, volunteers and other union members
C) Research and reports in support of union initiatives
D) All of the above
Q4) What are some of the responsibilities of shop stewards in the local unions?
Q5) Describe the four major functions of the Canadian Labour Congress.
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Chapter 5: The Organizing Campaign
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Q1) Being the "bargaining agent" means that the union is legally recognized as one of the representatives of employees in that particular workplace.
A)True
B)False
Q2) Who must initiate the first step in an attempt to organize a union?
A) The union
B) The employees
C) Either the union or the employees
D) The Ministry of Labour
Q3) Describe a situation where an employer might seek out unionized workers for their workplace.
Q4) Describe the notion of instrumentality as a factor in a person's decision to join or not to join a union.
Q5) An individual's choice to join a union can be influenced by his or her parents' attitudes toward unions.
A)True
B)False
Q6) What are the three major components of an application for certification?
Q7) What are exempt employees?
Page 7
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Chapter 6: Establishing Union Recognition
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Q1) When a certification application is received by a labour relations board, an official notification is sent to both the employer and the employees.
A)True
B)False
Q2) Canadian labour codes allow employers to express their views about unionization and communicate with their employees. What are the limitations to these rights?
Q3) When a certification application is received, the employer must post a notice in the workplace. Which of the following is not typically contained in the notice?
A) The name of the union which is applying for certification
B) A description of the proposed bargaining unit
C) An indication that the interested parties can make submissions about the application
D) Names of union supporters
Q4) 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
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8
Chapter 7: Defining and Commencing Collective Bargaining
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Q1) 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
Q2) Which of the following must be included in a collective agreement under most provincial labour relations legislation?
A) A contracting-out clause
B) A grievance procedure
C) A seniority clause
D) A layoff procedure
Q3) Discuss the concept of union security. In particular, you should address the fundamental issue of whether or not employees should be obligated to participate in unions and list some forms of union security. (178-179)
Q4) In addition to grievance procedure language, identify other features found in 93% of Canada's collective agreements:
Q5) Describe the process known as union dues check-off.
Q6) What is a religious exemption?
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Chapter 8: The Collective Bargaining Process
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Q1) The most highly visible negotiation sub-process is the integrative bargaining process.
A)True
B)False
Q2) In which of the negotiation stages do the parties determine their priorities and goals?
A) The negotiation stage
B) The pre-negotiation stage
C) The collective bargaining phase
D) The pre-ratification stages
Q3) Why is it difficult to determine the amount of bargaining power held by either union or management in the negotiation process?
Q4) Environmental factors affecting negotiations include public opinion, legislation, and the economy.
A)True
B)False
Q5) Describe the ratification process.
Q6) What role does bargaining power play in determining the outcomes of the bargaining process? (Page 218)
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Chapter 9: Strikes and Lockouts
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Q1) The strikes-as-mistakes perspective suggests that strikes or lockouts can occur as a result of perceptions developed during bargaining. What are some of the factors that may cause these perceptions?
Q2) What was the key issue for the 50 members of the Unifor local 195 bargaining unit poised for a strike, working for the Riverfront Hotel in Windsor, Ontario?
A) Wage parity with the Riverside Inn next door
B) No overtime which would compensate them for the national swimming championships that frequented Windsor, held at the Aquatic and Training Centre located adjacent to the hotel
C) A proposal from the employer that employees pay for a portion of their benefits
D) Each of the above issues were key and important enough to warrant a strike
Q3) 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
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Chapter 10: Third-Party Intervention During Negotiations
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Q1) Why do governments in Canada intervene in the bargaining process and what are some of the tools available to them to avoid or end labour conflicts? (Page 278)
Q2) What is meant by the term "item-by-item final offer selection"?
Q3) What is the term used to describe a situation where the parties repeatedly use compulsory conciliation or arbitration to resolve issues such that their own skills progressively lessen?
A) The chilling effect
B) Integrative bargaining
C) Deskilling
D) The narcotic effect
Q4) Even when conciliation is voluntary, parties prefer to exhaust this process before choosing or being forced into another type of third-party intervention. Why?
A) Other processes are more time consuming
B) Other processes are more expensive
C) Other processes give the parties less control over bargaining outcomes
D) Other processes are more complex for the parties
Q5) What are final offer votes?
Q6) Describe the role of a mediator.
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Chapter 11: The Grievance Arbitration Process
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Q1) Most employer grievances filed against the union are as a result of work stoppages during the term of the collective agreement.
A)True
B)False
Q2) When a labour board determines that a union has failed in its duty of fair representation in regards to a grievance, which of the following is a possible remedy?
A) Award the grievor the remedy sought in the original grievance
B) Order a resubmission of the grievance
C) Order that the grievance be submitted to arbitration
D) All of the above
Q3) Which of the following is not a factor that contributes to delays in the arbitration process?
A) The difficulty of scheduling meeting rooms
B) The fact that there is a limited number of well-known arbitrators and they are quite busy
C) The difficulty of finding dates convenient for all participants
D) The time required to write the arbitration award
Q4) What is the purpose of the opening statement in an arbitration hearing?
Q5) Define the term "grievance."
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Chapter 12: Changes to the Union or the Employer
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Q1) When can issues of successorship arise?
Q2) Some Canadian jurisdictions require that employers give notice before making a technological change that will affect workers. What is the intent of this requirement?
Q3) In most Canadian labour laws, what is the level of support required for a decertification?
A) The same level that is required for certification
B) Similar to the level required for certification
C) Less than the level required for certification
D) Greater than the level required for certification
Q4) If a labour board finds sufficient evidence of continuity or complete abdication of responsibility by a business owner, a declaration of successorship will be issued.
A)True
B)False
Q5) Discuss some types of situations where business changes occur for anti-union reasons and some situations where these changes occur for legitimate business reasons. (page 348)
Q6) Discuss the trend of union mergers in Canada. What are the advantages of these mergers? (Pages 361-364)
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Chapter 13: Future Issues for Workers, Work Arrangements,
Organizations, and the Industrial Relations System
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Q1) Which of the following can be viewed as an employer strategy to avoid giving an employee the full range of benefits?
A) Telecommuting
B) Continual renewal of temporary contracts
C) Flexible work hours
D) Shift-work
Q2) In what industry did we see significant improvements in the early 20<sup>th</sup> century devolve to sweatshop conditions at the beginning of the 21<sup>st</sup> century?
A) Film industry.
B) Garment industry.
C) Steel industry
D) Manufacturing industry
Q3) Discuss the interrelationship between visible minorities and underemployment.
Q4) Women enter and leave the labour force more often than men because they do not have the same financial responsibilities as men.
A)True
B)False
Q5) Why are the new flatter organizations problematic for unions?
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