Labour Law
Exam Answer Key
Course Introduction
Labour Law is a course that explores the legal framework governing the relationship between employers, employees, and trade unions. It examines key concepts such as employment contracts, workplace rights and obligations, collective bargaining, dispute resolution mechanisms, health and safety regulations, anti-discrimination policies, and the role of labor tribunals. Through analysis of statutes, case law, and international labor standards, students develop a comprehensive understanding of workers rights, employer responsibilities, and the regulatory bodies that enforce labour standards in both public and private sectors. The course also addresses emerging issues such as the gig economy and global trends affecting labor relations.
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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Sample Questions
Q1) List two early Charter of Rights and Freedoms cases that have been important for industrial relations issues.
Answer: *1982 Dolphin Delivery Case
*1991 Lavigne case
*Dunmore v. Ontario
Q2) A labour relations board has broader guidelines for the submission of evidence than either the civil or criminal courts.
A)True
B)False
Answer: True
Q3) What is the minimum term of a collective agreement in most Canadian jurisdictions?
A) 1 year
B) 2 years
C) 3 years
D) 6 months
Answer: A
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Page 3
Chapter 2: Theories of Industrial Relations
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Q1) What were some of the changes brought about by the industrialization and mechanization of the Industrial Revolution?
Answer: New inventions meant great increases in production capacity and less demand for skilled workers. The prevalence of child labour became the norm thus further deskilling the work. Relatively low land costs also meant that factories were easily established and built. Improvements in transportation and communication meant that raw materials and finished goods could easily be marketed in areas far beyond their place of origin. As a result, workers were required to travel to the workplace and their work became far more routine.
Q2) When examining the system put forward by John Dunlop, we see that there are four contexts in which processes take place. Which of the following is not one of these contexts?
A) Technological
B) Market
C) Budgetary
D) Legislative
Answer: D
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Chapter 3: History of the Canadian Union Movement
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Q1) What American-based union gained prominence in Canada as a result of frustration with the Trades and Labour Congress' inaction against the poor working conditions and conscription issues of World War I?
A) The Canadian Congress of Labour
B) One Big Union
C) The Knights of Labour
D) The Industrial Workers of the World
Answer: B
Q2) The Oral History Project has been a significant part of the Alberta Labour History Institution since 1999. Which of the following is not one of the focuses of The Oral History Project?
A) Fighting for equality in the workplace
B) Increasing wages for all workers
C) Confronting racism
D) Building solidarity with other workers
Answer: B
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Chapter 4: The Structure of Canadian Unions
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Q1) What is not a generic term for parent union?
A) regional
B) provincial
C) national
D) international
Q2) What is the largest centralized labour federation in Quebec?
A) The Quebec Federation of Labour
B) The Confederation of National Trade Unions
C) The Canadian Catholic Confederation of Labour
D) The Quebec Teacher's Federation
Q3) 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
Q4) Motions can be passed or defeated at conventions by effective lobbying of those in attendance
A)True
B)False
Q5) List the major labour federations in Quebec and describe their basic philosophies?
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Chapter 5: The Organizing Campaign
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Q1) What is a sweetheart agreement?
Q2) Which of the following is not one of the difficulties in dealing with a bargaining unit that is too large?
A) Communicating with the entire membership
B) Achieving consensus on issues
C) Collecting union dues
D) Having to address a wider range of issues because there are more individual concerns
Q3) A general policy in labour legislation is that unions should only represent non-managerial employees. Which of the following is not a reason for this policy?
A) Managers make more money than frontline workers and thus have no reason to be unionized
B) It would be a conflict of interest for a manager to discipline a fellow union member
C) A union is entitled to be established and administered without employer interference
D) Managers have access to confidential material
Q4) 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) Why do labour relations boards generally attempt to minimize the time between an application being made and a representation vote being conducted?
Q2) What must the employer do when a notice of application is received from the labour relations board?
Q3) 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
Q4) What is the effect of the issuance of certification by a labour relations board?
Q5) What is the minimum number of positive votes required in a representation vote in most jurisdictions in order for a certification to be successful?
A) 50 percent
B) 35 percent
C) 50 percent + 1
D) 60 percent
Q6) Can a union lose its certification by virtue of the company being sold or merged with another company? Explain your answer.
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Page 8
Chapter 7: Defining and Commencing Collective Bargaining
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Q1) 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
Q2) The concept of bargaining in good faith and the concept of unfair labour practices are separate and distinct even though they are both resolved through complaints to the labour relations board.
A)True
B)False
Q3) The notion of good faith bargaining requires that an agreement will ultimately be concluded.
A)True
B)False
Q4) Discuss the need for timelines for collective bargaining and how notice to bargain plays a role in this part of the process. (186-187)
Q5) What is a religious exemption?
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Q6) Discuss the ideal composition of a management bargaining committee. (183-184)
Chapter 8: The Collective Bargaining Process
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Q1) It is common for each party to have on a laundry list of proposals some items that are considered essential.
A)True
B)False
Q2) Which industrial relations theorist(s) presents a framework for understanding negotiation behaviour?
A) Marx and Engels
B) Walton and McKersie
C) The Webbs
D) John Commons
Q3) How does the negotiation process begin?
A) With the issuance of a notice to bargain collectively
B) On notice from the Ministry of Labour
C) On request from the union
D) On request from the employer
Q4) What is the purpose of a strike or lockout?
A) To cause financial distress
B) To shorten the negotiation process
C) To lengthen the crisis stage
D) To bring speedy resolution to the adversarial process
Page 10
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Chapter 9: Strikes and Lockouts
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Q1) Discuss Canada's strike record versus that of other industrialized countries. (Page 263)
Q2) What is not a pre-condition for a legal strike to occur?
A) The term of a collective agreement must have expired
B) The bargaining unit must vote for a strike.
C) In every jurisdiction, the neutral third party's intervention efforts must have been exhausted by the parties
D) The party initiating the strike must give notice to the other party of when the strike will begin.
Q3) List and describe the different motivations for strikes and lockouts. (Page 242-243)
Q4) Describe how the following factors impact the decision of a union to undertake a strike. (Pages 244-247)
Q5) Illegal strikes that occur during the term of a collective agreement may occur spontaneously as an expression of union members' dissatisfaction.
A)True
B)False
Q6) What are the two major functions served by picketing?
Q7) Define the terms "strike" and "lockout."
Page 11
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Chapter 10: Third-Party Intervention During Negotiations
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Q1) If the report of the conciliation officer is unable to resolve the dispute, most jurisdictions provide for the subsequent appointment of a bi-partisan conciliation board.
A)True
B)False
Q2) The use of item-by-item final offer selection leaves both parties completely dissatisfied with the agreement.
A)True
B)False
Q3) What is the advantage of total package final offer selection?
A) It encourages the parties to submit realistic proposals
B) The arbitrator can pick and choose individual items from each side
C) It is the least time consuming
D) It creates win-loss outcomes
Q4) Discuss Mediation/ Arbitration and its pros and cons as a process. (Page 293-294)
Q5) Why is third-party intervention required in public sector bargaining disputes in most jurisdictions in Canada?
Q6) What are final offer votes?
Q7) Describe the role of a conciliator.
Page 12
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Chapter 11: The Grievance Arbitration Process
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Q1) Which is the only step in the grievance procedure where the individual grievor has control of the disposition of the grievance?
A) The third step
B) The second step
C) The first step
D) The grievor does not control the disposition of the grievance
Q2) Canadian labour legislation requires specific processes for handling grievances between the union and the employer.
A)True
B)False
Q3) Discuss the various aspects of the hearing and what is significant about each. (Pages 317 - 322)
Q4) If the grievor alleging a violation of the agreement does not file the grievance according to the timelines in the collective agreement, what may happen?
A) The grievance moves immediately to the last step in the process
B) The shop steward loses his/ her position in the union
C) The union executive gets to determine if the grievance proceeds
D) The employer may dismiss the grievance on the basis of past practice
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Chapter 12: Changes to the Union or the Employer
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Q1) Which of the following jurisdictions requires that the employer give notice before making a technological change that will affect workers' jobs or income?
A) Quebec
B) Federal
C) Ontario
D) Prince Edward Island
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) What is technological change and of what significance is it to an existing collective agreement? (Pages 364-365)
Q4) What are labour relations boards generally looking for when determining whether or not successorship has occurred?
A) Instances of undue employer influence
B) Evidence of continuity between the previous business and the present business
C) Instances of union misconduct
D) All of the above
Q5) Comment on the importance of the decertification process.
Q6) What is meant by the term successorship?
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Chapter 13: Future Issues for Workers, Work Arrangements,
Organizations, and the Industrial Relations System
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Q1) There exists a gender imbalance in union participation even when men and women are equally represented.
A)True
B)False
Q2) The types of work and work arrangements that young workers tend to be employed in are part of the labour market that has historically been difficult to organize.
A)True
B)False
Q3) Most unions now have policy statements on issues such as workplace equality, affirmative action, harassment, and violence. The existence of these statements at the ________ level, indicates their importance.
A) Operational
B) Grassroots
C) Strategic
D) Local
Q4) Describe some of the ways the composition of the Canadian workforce is changing.
Q5) 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
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