Labour Law
Pre-Test Questions
Course Introduction
Labour Law explores the legal framework governing the relationship between employers, employees, and trade unions. The course covers essential topics such as employment contracts, workplace rights and obligations, dispute resolution mechanisms, collective bargaining, and the role of labour institutions. It examines both statutory provisions and case law, highlighting issues of fairness, equality, and protection in the workplace. Students will analyze contemporary labour issues, such as discrimination, termination procedures, occupational health and safety, and the impact of globalization on employment relations, equipping them with a comprehensive understanding of workers legal rights and employer responsibilities.
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) There is one unifying theory underlying the field of industrial relations.
A)True
B)False
Answer: False
Q2) Unionization had a ripple effect for every Canadian except in the following area:
A) Guaranteed minimum wages
B) Guaranteed Defined Pension Plans
C) Occupational health and safety regulations
D) Statutory holiday designations
Answer: B
Q3) In 2007, BC Healthcare unions won what victory at the Supreme Court of Canada?
A) Freedom of organization
B) Preventing contracting out
C) Forcing the employer to keep all union jobs
D) Charter guarantee to collectively bargain
Answer: D
Q4) How are unions able to carry out their primary role?
Answer: Provincial and federal law gives unions the formal power to negotiate mutually acceptable workplace rules and working conditions with the employer.
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Chapter 2: Theories of Industrial Relations
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Q1) E. Wight Bakke stated that the main reason workers joined a union was to allow them to use concerted political action as a means to achieve a higher standard of living.
A)True
B)False
Answer: False
Q2) A law was passed in Britain in 1819 that placed limits on child labour. These limits included which of the following?
A) A prohibition against the hiring of children younger than nine
B) A prohibition against older children working more than 10 hours per day
C) A prohibition against adults working more than 12 hours per day
D) All of the above
Answer: A
Q3) 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
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4
Chapter 3: History of the Canadian Union Movement
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Q1) Discuss the particular developments in the history of the Quebec labour movement, starting with the formation of the Canadian Catholic Confederation of Labour.
Answer: The Answer: should contain the following key points:
*The strong influence of the Catholic Church in all aspects of life in Quebec
*The wish to remain culturally independent
*The wish to preserve their French heritage
*The alliance between the church and the autocratic government of Maurice Duplessis
*The non-militancy of the church-led unions
*The Asbestos strike of 1949 and how it had the effect of desecularizing the labour movement
*The new militancy after the Asbestos strike
*The creation of the Confederation of National Trade Unions in 1960
Q2) The Canadian Labour Code is an updated version of the Wagner Act, and this was officially acknowledged in 2006.
A)True
B)False
Answer: False
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Chapter 4: The Structure of Canadian Unions
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Q1) Who acts as the voice of labour at the national level?
A) The Trades and Labour Congress
B) The Canadian Labour Congress
C) The Canadian Congress of Labour
D) The Quebec Federation of Labour
Q2) What is the Solidarity Fund?
A) A fund to assist disadvantaged workers
B) A fund to provide medical and pension benefits
C) A labour sponsored investment fund
D) An employer sponsored investment fund
Q3) 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
Q4) Which of the following is an important international labour body?
A) The Organization for Economic Cooperation and Development
B) The International Federation of Trade Unions
C) The International Labour Organization
D) All of the above
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Chapter 5: The Organizing Campaign
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Q1) What are the three major components of an application for certification?
Q2) Why are organizing committees usually comprised of several employees?
A) Employees are generally considered more credible than outsiders.
B) Employees are familiar with other employees who might be potential union members.
C) Employees have firsthand knowledge of the workplace issues.
D) All of the above
Q3) During an organizing campaign, unions must not conduct their campaign activities at the workplace or during working hours.
A)True
B)False
Q4) An employer must demonstrate that it removed work from the workplace for reasons unrelated to the union's presence.
A)True
B)False
Q5) Describe the notion of instrumentality as a factor in a person's decision to join or not to join a union.
Q6) Describe a situation where an employer might seek out unionized workers for their workplace.
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Chapter 6: Establishing Union Recognition
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Q1) Which of the following is one reason why the certification process was established?
A) To provide an alternative other than striking for employees to express their concerns
B) To eliminate the occurrence of unfair labour practices
C) To increase union dues
D) All of the above
Q2) When examining an allegation of an unfair labour practice, which of the following is not one of the considerations taken into account by a labour relations board?
A) The existence of anti-employer animus
B) The effect of the alleged unfair labour practice
C) The existence of anti-union animus
D) The motive behind the alleged unfair labour practice
Q3) Though open periods vary by jurisdiction, a certification application can generally only be made during specified times during the term of a multi-year agreement or within a certain period toward the end of the term of a single year agreement.
A)True
B)False
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Chapter 7: Defining and Commencing Collective Bargaining
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Q1) Why do collective agreements have to contain a grievance procedure?
Q2) What is the ideal composition of a union bargaining committee? (183)
Q3) What is it called when an agreement reached by one union is used to pressure other employers in the same industry, dealing with the same union to agree to similar terms?
A) Concession bargaining
B) Multi-employer bargaining
C) Whipsawing
D) Patent bargaining
Q4) Generally, employees who receive a religious exemption can participate in votes since they are still paying the equivalent union dues.
A)True
B)False
Q5) What is the term commonly used to describe the process by which the employer deducts funds from each employee and remits these funds to the union?
A) Union security
B) Automatic deposit
C) Dues check-off
D) Dues remittance
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Chapter 8: The Collective Bargaining Process
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Q1) What realities work against achieving the goal of maintaining positive relationships in negotiations?
A) Historical
B) Economical
C) Institutional
D) All of the above
Q2) Which of the following is a criterion to consider when analysing the costs of a bargaining process?
A) Transaction costs
B) Strike funds
C) Labour rates in the industry
D) All of the above
Q3) Why is ratification considered one of the stages through which negotiations proceed? (Pages 210-211)
Q4) Describe what is common during the pre-negotiation stage and why it is important.
Q5) The most highly visible negotiation sub-process is the integrative bargaining process.
A)True
B)False
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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) Define the terms "strike" and "lockout."
Q3) What is the source of funding for strike pay?
A) A bank of funds supplied jointly by the employer and the union
B) A specific amount is deducted from members' paycheques in addition to regular dues
C) The union's resources, supplemented by the employment insurance commission
D) Designated funds banked solely by the union for this specific purpose
Q4) A work-to-rule campaign occurs when union members interpret the terms of the collective agreement very narrowly and follow them very closely in order to slow down production.
A)True
B)False
Q5) 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?
Page 11
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Chapter 10: Third-Party Intervention During Negotiations
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Q1) What is the condition precedent to an industrial inquiry commission being appointed in British Columbia?
A) The strike or lockout must be at least 30 days old
B) A dispute need not actually exist but a dispute is likely to arise
C) A strike must be 72 hours away
D) All other forms of third-party intervention must have failed
Q2) Why is third-party intervention required in public sector bargaining disputes in most jurisdictions in Canada?
Q3) Which form of third-party intervention in the bargaining process is considered to be the most intensive?
A) Grievance arbitration
B) Interest arbitration
C) Fact finding
D) Mediation
Q4) The main types of third-party intervention used in Canada are conciliation, mediation, and fact finding.
A)True
B)False
Q5) What are the disadvantages of the "total-package final offer selection" process?
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Chapter 11: The Grievance Arbitration Process
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Q1) It has been argued that the arbitration process has become too costly. What are the main components of these costs?
Q2) In response to a grievance filed by the Hospital Employees' Union against the Vancouver Coastal Health Authority what was the arbitrator Vince Ready's ruling
A) That any programs put in place to deal with short-term absenteeism cannot violate the collective agreement or the law
B) That the employer has the right to ensure sick nurses remain at home and limit exposure to others
C) That the nurses were acting in good faith
D) That the employers practice for absenteeism is well intentioned and should continue
Q3) What is the standard of proof required in arbitration hearings?
Q4) Which party bears the procedural onus in arbitrations dealing with discipline or discharge of an employee?
A) The union
B) The employer
C) The party that received the grievance
D) The party that initiated the grievance
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Chapter 12: Changes to the Union or the Employer
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Q1) What is 'control'?
A) Direction maintained by management from the old company to the new company
B) Instruction given by management from the old company to the new company
C) How the finances operate from the old company to the new company
D) Who manages the new operation
Q2) Why did the 2014 Ontario Labour Relations Board's chair, Bernard Fishbein's decision in favour of the Richtree Market staff make sense for the 50 unionized workers? ?
A) The bargaining rights did not continue at the non-unionized location in accordance with Section 96 of the Labour Relations Act
B) The employer had contravened section 96 of the Labour Relations Act which constituted unfair labour practice
C) There was no basis for any evidence of continuity
D) Richtree was able to make a clear case that successorship did not exist.
Q3) When can issues of successorship arise?
Q4) Five jurisdictions in Canada require specific notification for any technological changes.
A)True
B)False
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Page 14
Chapter 13: Future Issues for Workers, Work Arrangements,
Organizations, and the Industrial Relations System
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Q1) While non-permanent employment relationships allow greater opportunity for workers, they also limit the power of employers to terminate employees.
A)True
B)False
Q2) How are unions getting information out to young people?
A) Telephone campaigns
B) Websites and social media
C) Word of mouth
D) Job fairs
Q3) Canadian labour law is much stricter than American labour law in restricting what during strikes?
A) Picketing
B) Replacement workers
C) Work slow downs
D) Work to rule campaigns
Q4) Discuss how legislation, politics, and union organizing will affect the future of industrial relations in Canada. (Page 410-417)
Q5) What are some of the reasons why young workers are reluctant to join unions?
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Q6) Discuss the interrelationship between visible minorities and underemployment.