Labour Law
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Course Introduction
Labour Law explores the legal framework governing the relationship between employers, employees, and trade unions, with particular emphasis on statutory rights and obligations in the workplace. The course examines key topics such as employment contracts, minimum wage legislation, workplace health and safety, anti-discrimination laws, termination of employment, collective bargaining, and dispute resolution mechanisms. It also addresses recent developments and challenges in the field, encouraging students to critically assess the impact of legal regulations on contemporary labor markets and employee protections. Through case studies and analysis of statutes and case law, students gain a comprehensive understanding of the principles and practical aspects of labour law.
Recommended Textbook
Labour Relations 3rd Edition by Larry Suffield
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Page 2
Chapter 1: Introduction to Labour Relations
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Sample Questions
Q1) A systems framework for labour relations contains five elements: the parties,processes,the environment,outputs,and feedback.
A)True
B)False
Answer: True
Q2) A unionized employer must give members of the bargaining unit reasonable notice to terminate them.
A)True
B)False
Answer: False
Q3) Which of the following is correct regarding a systems framework for labour relations?
A) It establishes that employers are the key actor in labour relations.
B) It minimizes the importance of environmental factors.
C) It establishes that contract negotiation is the only process involved in labour relations.
D) It illustrates that the components of the system are self-contained.
E) It illustrates that there are numerous results or outputs.
Answer: E
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3
Chapter 2: The Environment
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Sample Questions
Q1) Which of the following regulates minimum terms of employment?
A) labour relations legislation
B) human rights legislation
C) employment standards legislation
D) Canadian Charter of Rights and Freedoms
E) the duty to accommodate
Answer: C
Q2) A requirement an employer can establish is essential,with the result that it is allowed although it appears to be discriminatory,is called a:
A) Bona Fide Occupational Requirement
B) Non-Standard Work Requirement
C) Bona Fide Occupational Restriction
D) Exceptional Work Requirement
E) all of the above
Answer: A
Q3) Human rights legislation provides for minimum terms of employment.
A)True
B)False
Answer: False
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Page 4
Chapter 3: Unions: Objectives, Processes, Structure, and History
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Sample Questions
Q1) Right to work legislation in some Canadian jurisdictions prohibits the compulsory deduction of union dues from an employee's pay.
A)True
B)False
Answer: False
Q2) Which of the following has not been cited as a reason for the difference in union density between Canada and United States?
A) the legal environment
B) the political environment
C) NAFTA
D) Canadian unions have allocated more time and energy to organizing workers
E) employer opposition to unions has been greater in the United States
Answer: C
Q3) All union locals are affiliated with a national or international union.
A)True
B)False
Answer: False
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Page 5
Chapter 4: Employers: Objectives, Processes, and Strategy
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Q1) Employers use public relations efforts as one of the methods to achieve their objectives.
A)True
B)False
Q2) The legal environment does not affect an employer's ability to oppose unionization.
A)True
B)False
Q3) Concession bargaining is negotiation over employer demands for reductions in wages and benefits.
A)True
B)False
Q4) Wal-Mart is an organization that illustrates union opposition and removal strategies. A)True
B)False
Q5) The premise of a union avoidance strategy is that employees will not turn to a union if they are treated fairly.
A)True
B)False
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Chapter 5: Governments, Labour Relations Boards, and
Other Parties
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Sample Questions
Q1) Governments become involved in labour relations to protect the public interest. A)True
B)False
Q2) Labour Relations Boards are a part of the federal government.
A)True
B)False
Q3) A collective agreement between a union and an employer does not provide for leave to care for seriously ill family members.During the term of the collective agreement the government has passed legislation that provides employees a leave to care for seriously ill family members.Which of the following is correct?
A) Employees will be entitled to the leave when the current collective agreement expires.
B) Employees will be entitled to the leave when it is included in the next collective agreement.
C) Employees will be not be entitled to the leave if is not included in the next collective agreement.
D) Employees are entitled to the leave when the legislation is enacted.
E) Employees are entitled to the leave if the union and the employer amend the existing collective agreement.
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Chapter 6: Collective Bargaining Rights
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Q1) If an employer sells a unionized business,the union must apply for certification as the bargaining agent with the new business owner.
A)True
B)False
Q2) An employer has just determined that a union has started an organizing campaign targeting its employees.Advise the employer what it can and cannot do in response to the union organizing campaign.
Q3) Which of the following is not a remedy that could be granted by a Labour Relations Board for unfair labour practices committed by an employer during a union organizing campaign?
A) reinstatement of a discharged employee
B) damages for lost earnings
C) punitive damages
D) an order to repeat a representation vote
E) an order prohibiting the employer from repeating the unfair labour practices
Q4) Describe in detail four reasons why some employees might choose not to join a union.
Q5) Outline the key steps and restrictions on the certification process.
Q6) Explain the meaning and significance of the appropriate bargaining unit.
Page 8
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Chapter 7: The Collective Agreement
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Q1) A collective agreement provides that if an employee has alcohol in their possession on company property they will be discharged.If an employee is discharged for violating this provision which of the following is correct?
A) An arbitrator could order that the discipline be reduced to a suspension.
B) An arbitrator could order that the employee be reinstated if it is established that the employee had alcohol but did not actually drink on company property.
C) An arbitrator will not uphold the discharge because this violates the human rights of the employee.
D) If it is proven that the employee did have alcohol in their possession on company property the arbitrator cannot reduce the discipline.
E) Progressive discipline would not allow the employer to discharge the employee if it was their first offence.
Q2) Employers are allowed to contract out work only when there is a collective agreement term allowing them to do so.
A)True
B)False
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9
Chapter 8: Negotiation of the Collective Agreement
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Q1) You have been assigned to an employer team that is preparing to negotiate the renewal of a collective agreement that will expire in six months.Describe the factors that the employer should consider when preparing for negotiations.
Q2) Which of the following is correct regarding the union bargaining team?
A) The team must have the same number of representatives as the employer bargaining team.
B) The representatives are always chosen in a special election in the local.
C) A national union representative may be part of the team.
D) The team consists entirely of national union representatives.
E) The national union president is never part of the bargaining team.
Q3) The size and pattern of concessions made in distributive bargaining should be carefully planned and managed.
A)True
B)False
Q4) In the most centralized bargaining structure contract negotiations occur between one union and one employer for one location.
A)True
B)False
Q5) Describe the factors affecting the union-management relationship.
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Chapter 9: Administration of the Collective Agreement
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Q1) Although an employer wins an arbitration decision it will still have to pay for half of the arbitrator's fees in most situations.
A)True
B)False
Q2) Waiver is a legal concept referring to the principle that discussions aimed at settling a grievance cannot be referred to at an arbitration hearing.
A)True
B)False
Q3) When it is established that an employee's absenteeism is innocent,the employer cannot dismiss the employee.
A)True
B)False
Q4) The union has a duty of fair representation in many jurisdictions.Explain the nature of this duty and identify how an employer could be affected.
Q5) Rules established by management must comply with the requirements set out in the KVP Co.Ltd.case.Explain these (or 5 of the 6)requirements.
Q6) Describe the nature and potential advantages of grievance mediation.
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Page 11
Chapter 10: Contract Dispute Resolution, Strikes, and Lockouts
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Sample Questions
Q1) The chilling effect refers to the possibility that the parties may not make the concessions necessary to reach an agreement because they do not wish to harm their positions before an arbitrator at a later date.
A)True
B)False
Q2) A union and an employer have not been able to negotiate a collective agreement.The contract terms will be settled by each party presenting an offer to a neutral third party who will choose the terms proposed by one of the parties.This illustrates:
A) fact-finding
B) mediation
C) item-by-item final offer selection
D) total package final offer selection
E) mediation-arbitration
Q3) Back-to-work legislation has been used to end contract disputes in both the public and private sector.
A)True
B)False
Q4) Explain and differentiate between conciliation,mediation,and arbitration.
Page 12
Q5) Explain five factors that could affect the incidence of strikes.
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Chapter 11: Public Sector Labour Relations
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Q1) All bargaining units in the public sector are determined in the same manner as the public sector,by the relevant labour relations board.
A)True
B)False
Q2) Teachers have the right to strike in all provinces.
A)True
B)False
Q3) In each province there is one method to resolve contract disputes that is used for all segments of the public sector in the province.
A)True
B)False
Q4) Public sector employees were not initially granted the right to unionize because they are involved in providing essential services
A)True
B)False
Q5) Outline three reasons for the importance of the public sector.
Q6) Explain three distinctive features of labour relations in the public sector.
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Page 13
Chapter 12: Summary and Future of Labour Relations
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Sample Questions
Q1) A firm has been unionized and a first collective agreement has been negotiated.The agreement provides for a union shop,protects bargaining unit work,and contains an article regarding technological change.Which of the following is the least likely to be affected by the collective agreement:
A) layoffs
B) the establishment of workplace rules
C) the replacement of old equipment
D) the selection of new employees
E) the termination of employees
Q2) Which of the following is the most likely to cause an increase in productivity in a unionized organization?
A) reduced turnover
B) a less adversarial employment relationship
C) increased competition between employees
D) increased use of labour
E) increased management flexibility
Q3) Some observers have called for increased union-management co-operation.Discuss the barriers that will have to be overcome to increase union-management co-operation.
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Page 14