Course Introduction
Employment Law Test Questions
Employment Law examines the legal framework governing the relationship between employers and employees, including topics such as employment contracts, workplace rights and obligations, discrimination, termination, and health and safety regulations. The course explores federal and state legislation, relevant case law, and evolving workplace norms, providing students with an understanding of how employment laws are applied and enforced in various organizational settings. Through analysis of real-world cases and statutes, students will gain practical knowledge essential for navigating current employment law issues in both the public and private sectors.
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Industrial Relations in Canada 4th Edition by
Fiona A.E. McQuarrie
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13 Chapters
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Page 2
Chapter 1: An Introduction to Industrial Relations in Canada
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Q1) What is the union's primary role in the workplace?
Answer: A union's primary role is to represent the employees in interactions with the employer.
Q2) NB and NS are the only provinces wherein the provincial labour legislation does not contain the word "labour".
A)True
B)False
Answer: False
Q3) What other term is used interchangeably with industrial relations?
A) Human Relations
B) Labour Relations
C) Human Resources
D) Employer/employee relations
Answer: B
Q4) Approximately what percentage of the Canadian workforce is unionized?
A) 40 percent
B) 30 percent
C) 20 percent
D) 10 percent
Answer: B
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Chapter 2: Theories of Industrial Relations
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Q1) The 18<sup>th</sup> century new economy focus on production resulted in all but the following
A) Increased production
B) Goods produced at lower cost
C) Wage reduction by 50%
D) Families being a part of the work life
Answer: C
Q2) John Commons suggested that unions could best serve the needs of their members by confining their activities to a certain geographic area and avoiding the temptation to create international unions.
A)True
B)False
Answer: False
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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Page 4
Chapter 3: History of the Canadian Union Movement
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Q1) What were some of the provisions of the 1944 order-in-council P.C. 1003?
Answer: P.C. 1003 incorporated some of the major provisions of the American Wagner Act of 1935, such as the right to organize, the right to collective bargaining, and the right to strike. In addition, it contained provisions requiring the parties to bargain in good faith, the requirement of a safe workplace, and it confirmed the requirement for conciliation before the right to strike was acquired.
Q2) 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
Q3) Which of the following was a factor in the formation of the Confédération des travailleurs catholique du Canada in Quebec (1921)?
A) The influence of the Catholic Church in the labour movement
B) The desire to avoid the Canadianization of the Quebec labour movement
C) The wish to preserve Quebec's cultural independence
D) All of the above
Answer: A
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Page 5
Chapter 4: The Structure of Canadian Unions
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Q1) Which of the following does not have paid positions?
A) CLC
B) Labour Councils
C) Provincial federations of labour
D) National labour federations
Q2) Members who take time away from their jobs to serve on the executive
A) Retain their seniority and benefits
B) Take leave without pay and cannot return to their union job
C) Must resign their position
D) Get to be promoted upon their return
Q3) What is the major mechanism through which the direction of the Canadian Labour Congress is determined?
A) The national convention
B) The vice-presidents' council
C) The executive board
D) The delegates' council
Q4) What does it mean to be 'in good standing'?
Q5) Describe the range of activities in which labour councils are involved.
Q6) How are the affairs of the parent union governed and what style of decision-making is used?
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Chapter 5: The Organizing Campaign
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Q1) What is the "union threat effect"?
A) When non-unionized firms adopt a competitive pay rate in the labour market.
B) When non-union workplaces close their doors to previously unionized workers.
C) When non-union workplaces sporadically increase the wages of their employees.
D) When unionized workplaces aim for similar increases in negotiated wages.
Q2) Describe the process of certification from the initial idea to official accreditation. Refer to the labour code of your province. (126-139)
Q3) The level of sufficient membership support required for certification is consistent in most Canadian jurisdictions.
A)True
B)False
Q4) SEIU plans to organize workers in every workplace in Ottawa involved in what type of work?
A) Fast food
B) Janitorial
C) Temp agency
D) Long term care
Q5) Describe the notion of instrumentality as a factor in a person's decision to join or not to join a union.
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Chapter 6: Establishing Union Recognition
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Q1) What is the usual procedure if a union changes its status by merging with another union?
A) To advise the labour board of the change
B) To unilaterally incorporate the change into the certification documents
C) To apply for certification under the new name to represent the same bargaining unit
D) To amend the collective agreement accordingly
Q2) What standard of proof is required when presenting one's case to a labour relations board regarding an unfair labour practice?
Q3) What is an application bar?
Q4) Most Canadian labour codes set limits or time bars. What is the purpose of these time bars?
A) To restrict the time within which union organizing efforts can take place
B) To eliminate the possibility of unions raiding one another
C) To reduce the potential for unfair labour practices
D) To speed up the certification process
Q5) What is the effect of the issuance of certification by a labour relations board?
Q6) Describe some of the basic principles in Canadian labour law which allow workers to fulfill their desire to become and remain unionized.
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Chapter 7: Defining and Commencing Collective Bargaining
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Q1) Explain why Mount Allison University has had what they characterize as successful collective bargaining sessions in 2010 and 2013?
Q2) Once a certification order is in place, an employer who attempts to bargain directly with individual employees, rather than with the union is exercising their management rights.
A)True
B)False
Q3) On occasion, there may be representation on the union's negotiating team from the regional or national level of the union. Describe two reasons why this would occur.
Q4) Some research shows that union members place a high priority on effectiveness criteria. Which of the following is not one of those criteria?
A) Quality of leadership
B) Opportunity to participate in union activities
C) Participating in mediation to resolve disputes
D) Willingness of the union to undertake innovative activities
Q5) Discuss the need for timelines for collective bargaining and how notice to bargain plays a role in this part of the process. (186-187)
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Chapter 8: The Collective Bargaining Process
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Q1) The attitudinal structuring sub-process is part of how relationship patterns are established. Which of the following is not one of the characteristics associated with these relationship patterns?
A) Motivation to be competitive
B) Level of trust toward the other side
C) History of the relationship
D) Feelings of friendliness or hostility toward the other side
Q2) The 2012 NHL talks and the bizarre exchanges reported in the media between the National Hockey League Players' Association's (NHLPA) executive director, Don Fehr and the NHL commissioner Gary Bettman could be characterized as what stage of the bargaining process?
A) The Crisis Stage
B) Narrowing the Bargaining Range
C) Obscuring the result
D) Establishing the negotiation range
Q3) Who controls the ratification process?
A) The employer
B) The union
C) Each party controls its own process
D) The process is directed by the relevant labour legislation
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Chapter 9: Strikes and Lockouts
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Q1) Which of the following is not a pre-condition for a legal strike in Alberta?
A) 48 hours notice to the Minister of Labour
B) Compulsory secret ballot vote
C) No strike or lockout until a mediator has been formally appointed
D) Strike vote determined by majority in the bargaining unit who vote
Q2) What are some of the factors that will affect an employer's ability to endure the economic pain of a strike or lockout?
Q3) Discuss each side's actions and motivations that can end a strike. (Pages 261-263)
Q4) The basic purpose of a strike or lockout is?
A) To inflict economic pain
B) To sway public opinion
C) For the union to prove its point
D) For the employer to prove its point
Q5) Briefly describe the return to work process after the ending of a strike.
Q6) What is the basic purpose of a strike or lockout?
Q7) When picketing a struck place of employment, picketers are able to say whatever they want on their signs.
A)True
B)False
Page 11
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Chapter 10: Third-Party Intervention During Negotiations
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Q1) Which two forms of third-party intervention are seldom used in private sector bargaining disputes?
A) Mediation and interest arbitration
B) Conciliation and mediation
C) Conciliation and fact finding
D) Conciliation and arbitration
Q2) The power of an industrial inquiry commission to resolve disputes rests in the
A) Power of investigation
B) Power of persuasion
C) Power of recommendations
D) Power of acceptance or rejection
Q3) The main types of third-party intervention used in Canada are conciliation, mediation, and fact finding.
A)True
B)False
Q4) If the parties agree in advance, the recommendations of a conciliation board can be binding.
A)True
B)False
Q5) What is meant by the term "item-by-item final offer selection"?
Page 12
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Chapter 11: The Grievance Arbitration Process
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Q1) What is a grievance?
A) A disagreement about the interpretation, application or administration of the collective agreement
B) Any violation during the negotiation process of the collective agreement that is not resolved
C) A direct complaint arising from the employee and employment relationship in the workplace
D) All of the above
Q2) What would not be considered as part of the costs of the arbitration process?
A) The winner having to cover legal fees for the loser
B) Legal fees
C) Lost production
D) Lost labour
Q3) 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
Q4) What is the purpose of the opening statement in an arbitration hearing?
Page 13
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Chapter 12: Changes to the Union or the Employer
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Q1) Technological change can involve all but which of the following?
A) Altering the content of the job
B) Altering how work is conducted
C) Change in scheduling
D) Computerization or mechanization
Q2) Comment on the importance of the decertification process.
Q3) Which of the following is not one of the reasons that unions are merging in Canada?
A) A response to the general trend in business toward larger organizations
B) Larger unions have more power than smaller ones
C) Governments are encouraging such mergers
D) They can increase their impact in collective bargaining
Q4) Which of the following is not a factor that contributes to a union's success in their participation in restructuring the workplace?
A) Their ability to transmit internal and external information
B) Their financial resources
C) Their ability to educate and mobilize the membership in supporting the union's vision
D) Their ability to participate in decision-making at multiple points in the process
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Chapter 13: Future Issues for Workers, Work Arrangements,
Organizations, and the Industrial Relations System
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Q1) How are unions getting information out to young people?
A) Telephone campaigns
B) Websites and social media
C) Word of mouth
D) Job fairs
Q2) The majority of Canadian workers aged 15 to 24 fall into the category of non-standard work.
A)True
B)False
Q3) What is meant by the term "salting" in union organizing campaigns?
A) Excluding certain employees as potential union members
B) Adding some spice in the union's organizing rhetoric
C) Hiring specially trained organizers from outside the bargaining unit
D) Using workers already employed in the potential bargaining unit as the primary organizers
Q4) How are Canada's unions responding to competing positions when faced with organizational restructuring?
Q5) What are some of the difficulties associated with organizing people who work in a telecommuting arrangement?
Q6) Discuss some of the challenges faced by young workers in today's labour market. Page 15
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Page 16