Labour Relations 3rd Edition by Larry Suffield -Test Bank A+

Description

1. Dissatisfaction with pay is the only reason employees join a union.

Answer: False

1. Some employees will not join a union because they view union membership as being disloyal to their employer.

Answer: True

1. Perceptions of inequity in the workplace cause some employees to believe that unionization will help achieve fairness.

Answer: True

1. The “organizing campaign” refers to the union’s application for certification to the Labour Relations Board.

Answer: False

1. All union organizers are paid union staff members.

Answer: False

1. In order to obtain bargaining rights a union must apply to the Labour Relations Board and obtain a certificate granting bargaining rights.

Answer: False

1. A voluntary recognition agreement is an agreement between the union and employees providing that the employees recognize the union as their bargaining agent.

Answer: False

1. All employee associations can apply to be certified by the Labour Relations Board.

Answer: False

1. Managerial employees are not allowed to join a union.

Answer: True

1. The restrictions on when a union may file an application for certification depend on whether employees are currently represented by a union.

Answer: True

1. It is possible for a union employee to agree with the employer to work extra hours in exchange for an extra week of vacation.

Answer: False

1. A union can represent all employees within a firm.

Answer: False

1. An independent contractor working for a unionized firm is automatically covered by the union’s collective agreement.

Answer: False

1. If an employer alleges that an individual should not be included in the bargaining unit proposed by the union because they are an independent contractor, the issue is resolved by an arbitrator.

Answer: False

1. In some jurisdictions individuals are excluded from unionization on the basis of their occupation.

Answer: True

1. Union organizers may visit employees at their homes during the organizing campaign.

Answer: True

1. In addition to signing a membership card, new union members may have to pay a fee when joining a union in some jurisdictions.

Answer: True

1. When a union is certified, but a collective agreement has not yet been negotiated, another union can apply to be certified to represent employees at any time.

Answer: False

1. The appropriate bargaining unit is determined by the union filing the application for certification.

Answer: False

1. The appropriate bargaining unit is a flexible concept – there may be more than one appropriate bargaining unit.

Answer: True

1. Office, clerical and technical employees are put in bargaining units separate from production employees in many jurisdictions.

Answer: True

1. In some jurisdictions unions may be certified on the basis of the number of signed membership cards they submit to the Labour Relations Board.

Answer: True

1. On a certification application a representation vote is required in all Canadian jurisdictions.

Answer: False

1. A representation vote is a secret ballot vote to determine if employees wish to be represented by a union.

Answer: True

1. A policy of requiring a representation vote to certify a union, instead of relying on membership cards, reduces the likelihood of certification.

Answer: True

1. Unfair labour practices refer to conduct that is prohibited by legislation.

Answer: True

1. Unfair labour practices only occur during the organizing campaign and the certification process.

Answer: False

1. The statutory freeze refers to the rule that prohibits the employer from changing the conditions of employment during the term of the collective agreement.

Answer: False

1. The statutory freeze means that after an application for certification has been filed with the Labour Relations Board the employer cannot make any changes in working conditions.

Answer: False

1. When a union files a complaint alleging an employer unfair labour practice, the union must prove the employer’s conduct was a violation of labour relations legislation in all jurisdictions.

Answer: False

1. Labour Relations Boards in some jurisdictions have the authority to certify a union without a vote if there are employer unfair labour practices during the organizing campaign.

Answer: True

1. Employees who are dissatisfied with their union are allowed to make an application for decertification at any time.

Answer: False

1. An employer can support an application for a union to be decertified.

Answer: False

1. If an employer sells a unionized business, the union must apply for certification as the bargaining agent with the new business owner.

Answer: False

1. Successor rights provisions in labour relations legislation protect the union’s bargaining rights in the event that the employer sells the business.

Answer: True

Multiple Choice

1. Which of the following is not reason why employees may seek unionization?
   1. to guarantee job advancement on the basis of ability
   2. to improve workload
   3. to obtain a voice in policy-making
   4. to increase job security
   5. to achieve workplace equity

Answer: a

1. Which of the following is the least likely to be a reason that employees would refuse to join a union?
   1. strikes
   2. political and social activity of unions
   3. a recession
   4. fear of employer retaliation
   5. union dues

Answer: c

1. Which of the following is/are the most likely to be reasons why some employees will not want to join a union?
   1. employer support for the union
   2. loyalty to the employer
   3. a desire to engage in a strike
   4. union dues
   5. b and d

Answer: e

1. A union could obtain the right to represent employees through:
   1. a voluntary recognition agreement with the employees
   2. certification
   3. a voluntary recognition agreement with the employer
   4. a or b
   5. b or c

Answer: e

1. Which of the following is correct?
2. Employees join unions only for financial reasons.
3. Employees join unions only to increase their job security.
4. The reasons employees join or refuse to join a union are all related to internal issues within the workplace.
5. Some employees join a union to make input on policy issues.
6. It is not possible for employers to avoid unionization through policy changes in the workplace.

Answer: d

1. Unionization increases job security for employees because:
2. Unionization guarantees that there will be no job loss because of technological change.
3. Unionization guarantees that there will be no job loss because the employer moves.
4. All employees who are terminated in a unionized workplace are reinstated.
5. Unionized employees cannot be laid off.
6. Some unionized employees who are terminated are reinstated by an arbitrator.

Answer: e

1. In order for the Canadian Auto Workers union to gain bargaining rights to represent employees working for a national courier company at a location in Nova Scotia the union will have to file an application with?
   1. the Nova Scotia Labour Relations Board
   2. the Nova Scotia Labour Court
   3. the Canada Industrial Relations Board
   4. the Canadian Labour Congress
   5. none of the above; the CAW cannot represent courier company employees

Answer: c

1. Which of the following statements about a union organizing campaign and application for certification is correct?
   1. All contacts with employees are made away from the workplace.
   2. The union will try to keep the organizing campaign secret as long as possible in some situations.
   3. The union must give all employees an opportunity to join.
   4. All the work is done by paid national or international union representatives.
   5. Employers are given an opportunity to respond to any claims made by the union before the labour relations board processes an application for certification.

Answer: b

1. Which of the following is correct regarding a union organizing campaign?
   1. The union must advise all employees in the proposed bargaining unit about the campaign.
   2. The union must approach all employees in the proposed bargaining unit to provide them an opportunity to join the union.
   3. All organizing campaigns are conducted openly.
   4. The union may inform the employer about a pending organizing campaign.
   5. Labour relations legislation requires the establishment of a union organizing committee.

Answer: d

1. A union has been certified to represent the production employees of Company A. Which of the following is correct?
2. The next step in the process is a voluntary recognition agreement.
3. The employer may choose to bargain with the union.
4. Individual employees can continue to negotiate with the employer until a collective agreement is signed.
5. The union is now the exclusive bargaining agent for employees in the bargaining unit.
6. The employees in the bargaining unit can file an application to decertify the union six months after it was certified.

Answer: d

1. When a union applies to the Labour Relations Board for certification it must establish:
   1. it is a trade union as defined in labour relations legislation
   2. it is part of a national or international union
   3. a and b
   4. it has the approval of the employer
   5. it has provided all employees in the proposed bargaining unit with an opportunity to join

Answer: a

1. Which of the following is correct?
   1. All workers, including independent contractors, can unionize.
   2. All workers who are not independent contractors can unionize.
   3. All employees can unionize.
   4. Most non-managerial employees can unionize.
   5. Most managerial employees can unionize.

Answer: d

1. Dependent contract provisions in the labour relations legislation of some jurisdictions provides that:
   1. independent contractors can unionize
   2. the definition of an employee is broadened to include dependent contractors
   3. individuals who use their own tools can unionize
   4. individuals who are economically independent of their employer can unionize
   5. part-time employees can unionize

Answer: b

1. Which of the following are not allowed to join or form a union?
   1. lead hands
   2. managers
   3. persons who work with confidential labour relations information
   4. a, b, c
   5. b and c

Answer: e

1. When a labour relations board determines if a position is managerial it will refer primarily to:
   1. the job title
   2. the preferences of the employer
   3. the preferences of the union
   4. the preferences of the employee
   5. the authority held over bargaining unit members

Answer: e

1. An organizing committee is:
   1. the union staff who direct a union organizing campaign
   2. a group of employees who attempt to convince their co-workers to become union members
   3. a group of employees who are responsible for restructuring the organization
   4. an office at the Labour Relations Board that processes applications for certification
   5. always does its work in secret

Answer: b

1. When employees join a union during an organizing campaign:
   1. all membership cards must be signed at the workplace
   2. a membership fee is required in most jurisdictions
   3. a membership fee is required in all jurisdictions
   4. a membership fee not required in any jurisdiction
   5. the employer is informed who has signed membership cards

Answer: b

1. Unions would prefer that support for the union be determined by referring to signed membership cards instead of a ratification vote because:
   1. a vote delays the process
   2. a vote is expensive
   3. employers may influence a vote
   4. employees don’t want a vote
   5. a vote requires more support for the union

Answer: c

1. When a group of employees are not currently unionized a union can apply for certification:
   1. after giving notice to the employer
   2. anytime after the employer has been in business for 12 months
   3. after giving notice to the Canadian Labour Congress
   4. during the opening period
   5. at any time

Answer: e

1. Which of the following is correct regarding union membership after a union has been certified?
   1. All employees in the bargaining unit automatically become union members.
   2. All employees in the bargaining unit must become union members.
   3. The union and the employer may negotiate a collective agreement that requires employees in the bargaining unit to become union members.
   4. Employees who voted against the union do not have to become union members.
   5. The union represents employees in the bargaining unit who voted in favour of the union.

Answer: c

1. After a union has been certified by the Labour Relations Board:
   1. a collective agreement must be negotiated within 12 months
   2. a collective agreement must be negotiated within six months
   3. an application for decertification cannot be made until after a collective agreement has been negotiated
   4. a vote is held for the employees to ratify the certification
   5. an application for decertification cannot be filed for a time specified in the relevant labour relations legislation

Answer: e

1. The appropriate bargaining unit is determined by the:
   1. Labour Relations Board
   2. union
   3. employer
   4. union and the employer jointly
   5. organizing committee

Answer: a

1. The group of employees found to be the appropriate bargaining unit on an application for certification:
   1. must be the most appropriate unit for collective bargaining
   2. could affect the likelihood of certification
   3. could affect the bargaining power of the union
   4. a, b, and c
   5. b and c

Answer: e

1. The appropriate bargaining unit determined by the Labour Relations Board:

1. must comply with any agreement between the employer and the union
2. is based upon the community of interest concept
3. names the individuals in the bargaining unit
4. excludes employees opposed to the union
5. is determined by the Board free of any legislative restrictions

Answer: b

1. On an application for certification Labour Relations Boards in Canada determine if there is sufficient support for the union to grant certification by:

1. relying on membership cards in all jurisdictions
2. holding a representation vote in all jurisdictions
3. relying on membership cards in some jurisdictions
4. holding a representation vote in some jurisdictions
5. c and d

Answer: e

1. Which of the following is correct regarding the determination of union support in an application for certification?
2. All jurisdictions provide that support may be determined by a representation vote.
3. Unions prefer support to be determined by a representation vote.
4. Employers prefer support to be determined on the basis of signed union membership cards.
5. Labour Relations Board officers can dispense with a representation vote.
6. A representation vote can be conducted by a show of hands at a union meeting.

Answer: a

The following question would have to be modified in order to be used in New Brunswick and Newfoundland and Labrador because of different rules in those provinces.

1. A union filed an application for certification to represent employees at a manufacturing facility. There are 50 employees in the proposed bargaining. On the day of the representation vote 40 employees voted. How many votes must the union obtain to be certified?
2. 26
3. 25
4. 21
5. 20
6. 18

Answer: c

1. The Framework of Fairness agreement between Magna and the CAW is a significant departure from a traditional organizing campaign because:
   1. It requires the employer to voice its approval of union membership.
   2. It eliminates an employee vote.
   3. It provides that employees do not have to pay union dues.
   4. It establishes a separate local for each Magna location that is organized.
   5. It prohibits employees from campaigning against the union.

Answer: a

1. Which of the following is correct regarding an organizing campaign and certification process?

1. There is a freeze on employer communications to employees after an application for certification has been filed.
2. The union must notify the employer that it will be approaching employees to join the union.
3. The employer cannot challenge the composition of the bargaining unit proposed by the union.
4. An employer would be illegally interfering with the union’s application if it prohibited entry of national or international union representatives on the employer’s property.
5. The employer is allowed to communicate to employees in most jurisdictions provided that there is no intimidation or coercion.

Answer: e

1. A union is conducting an organizing campaign at Company A. Which of the following is Company A permitted to do?
2. Transfer union supporters to another location.
3. Advise employees that they are being fairly treated and there is no need to join a union and pay union dues.
4. Promise to increase wages if the union is rejected.
5. Increase wages to convince employees that the union is not necessary.
6. Tell employees that if the union is certified the employer will move operations to the United States.

Answer: b

1. A union could be guilty of unfair labour practices:

1. during the union organizing campaign
2. during contract negotiations
3. during the term of the collective agreement
4. a, b, and c
5. never; unfair labour practices refer to employer conduct

Answer: d

1. Which of the following is the most likely to be found to be an employer unfair labour practice during a union organizing campaign?

1. issuing a written statement referring to the disadvantages of unionization
2. banning union activity during working hours
3. expressing a preference that employees do not join a union
4. issuing a written statement referring to a wage increase if the union is defeated
5. prohibiting entry of employees on to the employer’s property during non-work hours

Answer: d

1. Which of the following is the least likely to be viewed as an employer unfair labour practice during an organizing campaign and the certification process?

1. providing the annual wage increase on the scheduled date
2. asking employees if they have signed union membership cards
3. implementing a new plan to charge employees for parking
4. transferring employees suspected of being union supporters
5. promising to establish a new position of employee representative who will be responsible for improving working conditions

Answer: a

1. The statutory freeze means that:

1. Employers cannot make any changes in working conditions after an application for certification has been filed.
2. Employers can choose to implement or postpone changes that would be carrying on business as usual.
3. Employers must conduct business as usual, including making normal changes.
4. Employers can make changes in the terms of employment other then wages, which are frozen.
5. Employers can make any changes in the terms employment other than promotions.

Answer: c

1. A union has started an organizing campaign at company A. Which of the following employer actions is permitted?

1. asking employees whether they support the union
2. prohibiting national union representatives from entering the premises
3. issuing a notice to employees advising that wages will be increased if the union is defeated
4. transferring union supporters
5. a and b

Answer: b

1. An employer has dismissed an employee during a union organizing campaign and an unfair labour practice complaint has been filed with the Labour Relations Board. Which of the following is correct?

1. the union should file a grievance
2. the Labour Relations Board does not have jurisdiction
3. the union bears the burden of proof in all jurisdictions
4. the employer bears the burden of proof in some jurisdictions
5. there is no burden of proof in this matter

Answer: d

1. A union organizing campaign was underway at Company A. An employee who was a member of the organizing committee was dismissed. Which of the following is correct if a complaint is filed with the Labour Relations Board?

1. There will be a Board hearing to determine if the employer has committed an unfair labour practice unless the parties settle the issue.
2. The union must establish that the dismissal was motivated by the employee’s union activity.
3. The union must prove that there was no valid reason to dismiss the employee.
4. The Board can order compensation but not reinstatement.
5. The employee must sue for wrongful dismissal.

Answer: a

1. 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?

1. reinstatement of a discharged employee
2. damages for lost earnings
3. punitive damages
4. an order to repeat a representation vote
5. an order prohibiting the employer from repeating the unfair labour practices

Answer: c

1. If an employer commits unfair labour practices during a union organizing campaign which of the following is correct regarding the remedies a Labour Relations Board can order?

1. Certification without a vote is available in all jurisdictions only if employees have been dismissed for union activity.
2. Certification without a vote is available in some jurisdictions.
3. Certification without a vote is available in all jurisdictions.
4. Certification without a vote is not available in any jurisdiction.
5. Certification without a vote is available in jurisdictions that do not provide for a representation vote to be repeated.

Answer: b

1. The decertification process is important because it:

1. provides the employer with an opportunity to eliminate the union
2. protects employees from weak or inefficient unions
3. means employees can terminate the union’s bargaining rights at any time
4. is a necessary step if employees want to change unions
5. is possible for the employer to support anti-union employees

Answer: b

1. Employees at Company A are represented by a union, and the parties are in the second year of a three-year collective agreement. The majority of employees in the bargaining unit are dissatisfied with the representation the union has provided. Which of the following is correct?
2. The employer can file a decertification application.
3. The employer can assist employees to file a decertification application.
4. The employees can file an application for a decertification in the open period.
5. The employees can file an application for decertification at a time.
6. The employees can only terminate the union’s bargaining rights by applying to certify another union.

Answer: c

1. The production employees at Company A are unionized and there is currently a collective agreement in place which expires in three years. Which of the following is correct if the owners of Company A sell the business?

1. The bargaining rights of the union are terminated.
2. The bargaining rights of the union continue; however, the collective agreement is terminated.
3. The union and the new owner must renegotiate the collective agreement.
4. The union’s bargaining rights and the collective agreement are not affected.
5. A representation vote is conducted to determine if the employees want the union to be their bargaining agent with the new owner.

Answer: d

1. When a union has a collective agreement with an employer and the employer sells the business to another entity, which of the following is correct?

1. The collective agreement is terminated.
2. The purchaser is bound by the terms of the collective agreement.
3. The collective agreement is binding upon the purchaser if it approves the agreement.
4. The collective agreement continues to run for the remainder its term but the union’s bargaining rights expire at the end of the agreement.
5. A vote is held among employees to determine if they want the union to continue to represent them.

Answer: b

Essay Questions

1. Describe in detail four reasons why some employees might choose not to join a union.

1. Describe four reasons why employees join unions. For each point referred to describe a measure an employer could adopt as part of an avoidance strategy.

1. Assume that you work for a company that is not unionized and you were approached by a union organizer and asked to join a union. Explain four possible reasons why you might want to join the union and four reasons why you might not want to join.

1. You are a union organizer and you are preparing a presentation to a group of non-union employees. What will all you say to convince employees to join the union?

1. Outline the key steps and restrictions on the certification process.

1. Explain the meaning and significance of the appropriate bargaining unit.

1. An important labour relations policy question is whether union support on a certification application should be determined by membership cards or by a representation vote. Explain arguments for and against each approach.

1. Explain the phrase “unfair labour practice”. If it appears that an employer is guilty of an unfair labour practice during a union organizing campaign briefly describe the procedure followed, and outline three remedies that are available.

1. 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.

1. Describe the importance of and the procedure involved in the decertification of a union.

CHAPTER 7

THE COLLECTIVE AGREEMENT

True/False

1. Collective agreement terms could have implications for the following: employers, employees, the union, and the public.

Answer: True

1. A collective agreement can contain any terms the union and the employer agree on.

Answer: False

1. Collective agreements must comply with human rights, employment standards, and labour relations legislation.

Answer: True

1. The employer and the union can agree that positions will be added to or deleted from the bargaining unit that was certified by the Labour Relations Board.

Answer: True

1. The recognition article in a collective agreement provides that: “The company recognizes the union as the exclusive bargaining agent for all employees working in the municipality of _____, save and except foremen, persons above the rank of foreman, and office employees.” This means that the collective agreement covers part-time employees.

Answer: True

1. All employees in the bargaining unit, both union members and those who are not union members, are covered by the terms of the collective agreement.

Answer: True

1. A collective agreement may contain a provision relating to the arbitration of disputes that flow from the administration of the agreement.

Answer: False

1. The recognition article in a collective agreement must comply with the certificate granted to the union when it is certified by the Labour Relations Board.

Answer: False

1. A grievance is an allegation that the collective agreement has been violated, together with a statement of the remedy claimed to rectify the situation.

Answer: True

1. All employee complaints could be the subject of a grievance.

Answer: False

1. The parties are free to determine the number of steps in the grievance process that is provided in the collective agreement.

Answer: True

1. Stewards are local union officials who assist employees with grievances.

Answer: True

1. Grievances could be filed by individual employees, a group of employees, the union, or the employer.

Answer: True

1. Most policy grievances are filed by employers.

Answer: False

1. Directory time limits must be met and the grievance could be dismissed if a step is not taken within the time allowed.

Answer: False

1. If a mandatory time limit in the grievance process is not met it is not possible for an arbitrator to hear the grievance.

Answer: False

1. Employers are allowed to assign work normally done by bargaining unit members to other employees unless the collective agreement provides otherwise.

Answer: True

1. Recently the trend has been for collective agreements to have longer terms.

Answer: True

1. Generally unions seek collective agreements with shorter terms so that the contract does not have to be renegotiated as frequently and a possible strike can be postponed.

Answer: False

1. “Check off” means that union membership is mandatory.

Answer: False

1. The closed the shop is the most common form of union security.

Answer: False

1. The collective agreement may require the employer to dismiss employees who refuse to become union members.

Answer: True

1. A union shop provision in a collective agreement requires individuals to be union members before they are hired.

Answer: False

1. The Rand formula requires the employer to deduct union dues from all employees in the bargaining unit, including employees who are not union members.

Answer: True

1. A collective agreement term that requires all employees who voluntarily join the union to retain their union membership is known as a union shop.

Answer: False

1. The management rights article is a mandatory collective agreement term.

Answer: False

1. Unions prefer that a management rights clause in the collective agreement is provided in a short form and employers prefer that it be set out in a long or detailed form.

Answer: True

1. Employers are allowed to contract out work only when there is a collective agreement term allowing them to do so.

Answer: False

1. Most collective agreements contain a provision that prohibits contracting out.

Answer: False

1. A collective agreement could contain a sunset clause that requires the employer to impose any discipline within a specified time limit.

Answer: False

1. Arbitrators have the authority to reduce the discipline imposed by the employer for employee misconduct unless the collective agreement provides for a specific penalty for the behaviour involved.

Answer: True

1. The union and the employer can agree to a discrimination article in a collective agreement that provides employees greater protection than human rights legislation.

Answer: True

1. The collective agreement could provide that seniority is calculated in different ways for different applications of seniority.

Answer: True

1. Super-seniority is a collective agreement term providing that union officers cannot be laid off.

Answer: False

1. If an employee leaves the bargaining unit and later returns to the bargaining unit two years later, the first period of time in the bargaining unit is not counted towards seniority.

Answer: True

1. The details of the recall process including the notice required and the time an employee has to respond should be set out in the collective agreement.

Answer: True

1. A sufficient ability provision in a collective agreement is a term providing that seniority will only be a factor if the skill and ability of two competing employees is relatively equal.

Answer: False

1. The minimum vacation provided in employment standards legislation is relatively short and unions pursue contracts that provide for additional vacation time.

Answer: True

1. The collective agreement must set out the details of benefits that employees are entitled to.

Answer: False

1. Overtime provisions in the collective agreement could include a requirement that the overtime be equally distributed among employees.

Answer: True

1. Labour relations legislation regulates the introduction of technological change in some jurisdictions.

Answer: True

1. Unions will seek a broad definition of technological change in the collective agreement.

Answer: True

1. Employment standards legislation requires collective agreements to contain provisions for paid bereavement leave.

Answer: False

1. The leave provisions of a collective agreement could require the employer to allow an employee time off to serve a jail sentence.

Answer: True

1. A collective agreement could contain a provision for additional compensation if performance objectives in areas such as quality improvement are met.

Answer: True

Multiple Choice

1. Collective agreement terms affect:
   1. unions and employees
   2. employers
   3. the public
   4. a and b
   5. a, b, and c

Answer: e

1. Which of the following is correct regarding the terms of collective agreements?

1. Contracts covering federally regulated employers must contain terms provided in the Canada Labour Code; however, there are no required terms for provincially regulated employers.
2. Contracts covering provincially regulated employers must contain terms provided in the relevant labour relations legislation; however, there are no required terms for federally regulated employers.
3. All of the terms are required by legislation.
4. Some of the terms are required by legislation.
5. None of the terms are required by legislation.

Answer: d

1. Which of the following is a term of a collective agreement that the parties may choose to include or omit?
2. a minimum term of one year
3. the arbitration of disputes arising in the course of the administration of the agreement
4. management rights
5. a prohibition against strikes and lockouts during the term of the agreement

Answer: c

1. Which of the following terms is the least likely to be included as part of the collective agreement?

1. A provision for the deduction of union dues from employees’ pay.
2. A provision protecting management rights.
3. Seniority provisions relating to job vacancies and layoffs.
4. Provisions regarding the election of the union bargaining team.
5. A grievance procedure.

Answer: d

1. Which of the following is a term the parties are required by law to include in a collective agreement?

1. a minimum term of one year
2. management rights
3. a provision dealing with contracting out
4. a provision dealing with seniority
5. a provision dealing with discrimination

Answer: a

1. A recognition clause in a collective agreement:

1. cannot change the bargaining unit as provided in the certificate issued by the Labour Relations Board when the union is granted bargaining rights
2. provides that the union recognizes the right of the employer to manage the organization
3. describes the bargaining unit by setting out the names of employees who are in the bargaining unit
4. may describe the bargaining unit by referring to the certificate issued by the Labour Relations Board
5. provides that the employer must require union membership as a condition of employment

Answer: d

1. A grievance could best be described as:

1. any complaint of the union or employees in the bargaining unit
2. an allegation that the collective agreement has been violated and a request for a remedy
3. any complaints by the employer
4. a dispute resolution method in which the parties present evidence and arguments to a third party who makes a final binding decision
5. a or c

Answer: b

1. An employer has refused to allow an employee in the bargaining unit to take a compassionate care leave as provided for in employment standards legislation. The collective agreement does not refer to the issue of compassionate care leave. Which of the following is correct?
2. The matter is not arbitrable because the agreement does not refer to compassionate care leave.
3. The employee must sue the employer.
4. The employee must file a complaint with the appropriate government ministry.
5. The matter is arbitrable.
6. The employee is not entitled to compassionate care leave.

Answer: d

1. The grievance procedure:

1. is a series of steps in which progressively higher ranking union and employer representatives attempt to resolve the issue in dispute
2. contains time limits which must be met or the grievance will be denied
3. requires employers to recognize the union as the bargaining agent of employees
4. must have three steps as provided in labour relations legislation
5. involves stewards who are appointed by the employer to assist employees with grievances.

Answer: a

1. Which of the following sets out a mandatory time limit for a grievance procedure?

1. A grievance shall be submitted to the supervisor within five days of the incident giving rise to the matter in dispute.
2. A grievance may be submitted to the supervisor within five days of the incident giving rise to the matter in dispute.
3. A grievance shall be submitted to the supervisor within five days of the incident giving rise to the matter in dispute and any grievances submitted outside of the of the time provided are inarbitrable.
4. An employee has no grievance until they first give their immediate supervisor an opportunity to deal with their complaint.
5. A grievance should be submitted to the supervisor within five days of the incident giving rise to the matter in dispute.

Answer: c

1. A policy grievance:
   1. sets out a claim by the union that the employer has violated the collective agreement
   2. sets out a claim by employees that an employer policy violates the collective agreement
   3. sets out a claim by the employer that the union has violated the collective agreement
   4. involves a claim by a number of employees that the employer has violated the collective agreement in the same manner for all the employees
   5. a or c

Answer: e

1. Which of the following is correct?

1. Unless the collective agreement provides otherwise, employers can assign work normally done by employees in the bargaining unit to employees outside of the bargaining unit.
2. Employers can assign work normally done by employees in the bargaining unit to the firm’s employees outside of the bargaining unit unless the collective agreement restricts contracting out.
3. Supervisors cannot do work normally done by employees in the bargaining unit.
4. Employers can assign work normally done by employees in the bargaining unit to employees outside of the bargaining unit provided that this does not cause layoffs.
5. A collective agreement cannot impose any restrictions on bargaining unit work.

Answer: a

1. Regarding the duration of collective agreements, which of the following is correct?

1. the maximum term is three years
2. the minimum term is two years
3. unions prefer longer agreements
4. the recent trend has been towards longer agreements
5. the recent trend has been towards shorter agreements

Answer: d

1. A provision in a collective agreement that requires newly hired employees to become union members within a specified time is known as:

1. a Rand formula
2. closed shop
3. union shop
4. modified union shop
5. maintenance of membership

Answer: c

1. A first collective agreement provides that current employees in the bargaining unit do not have to join the union; however, all employees hired in the future must become union members. This is a:
2. union shop
3. close shop
4. modified union shop
5. maintenance of membership
6. Rand formula

Answer: c

1. Which of the following is correct?

1. A collective agreement can only provide for the deduction of union dues from the pay of employees in the bargaining unit who have become union members.
2. A collective agreement cannot provide for the deduction of union dues from the pay of employees.
3. A collective agreement cannot provide for the deduction of union dues from the pay of employees in the bargaining unit in provinces that have passed right to work legislation.
4. Collective agreements provide that employees have the option of having dues deducted from their pay.
5. A collective agreement could provide that union dues will be deducted from the pay of all employees in the bargaining unit whether or not they are union members.

Answer: e

1. The provision in a collective agreement that the employer retains the right to make decisions relating to the operation of the organization is known as the:

1. residual rights provision
2. recognition article
3. employer security article
4. management rights article
5. discipline and discharge procedure

Answer: d

1. Which of the following is correct relating to the issue of contracting out?

1. It is not permitted unless the collective agreement provides for it.
2. It is usually prohibited in the collective agreement.
3. It is a term that the parties must include in the collective agreement.
4. It has a low priority for unions.
5. It is permitted unless the collective agreement provides otherwise.

Answer: e

1. 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?
   1. An arbitrator could order that the discipline be reduced to a suspension.
   2. 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.
   3. An arbitrator will not uphold the discharge because this violates the human rights of the employee.
   4. If it is proven that the employee did have alcohol in their possession on company property the arbitrator cannot reduce the discipline.
   5. Progressive discipline would not allow the employer to discharge the employee if it was their first offence.

Answer: d

1. A deemed determination provision in a collective agreement:

1. provides that if an employee is absent for a specified time they are automatically terminated
2. is always enforceable
3. is always discriminatory and therefore never enforceable
4. a and b
5. a and c

Answer: a

1. A collective agreement could provide which of the following in connection with discipline imposed by the employer?

1. specific penalties for certain misconduct
2. time limits within which discipline must be imposed
3. a provision allowing the arbitrator to increase the penalty imposed by the employer
4. a, b, and c
5. a and b

Answer: e

1. A collective agreement provided that if any discipline was to be imposed upon employees the union and the employee involved would be notified within 10 days of any misconduct. Without any prior notification, the employer imposed a five day suspension upon an employee for alleged insubordination 15 days after a confrontation with a supervisor. Which of the following is correct if this matter goes to an arbitrator?
2. The arbitrator only has the authority to reduce the number of days in the suspension.
3. The arbitrator can only order the removal of the suspension from the employee’s file.
4. The arbitrator can order the removal of the suspension from the employee’s file and reimbursement for the lost pay.
5. The arbitrator has the authority to increase the suspension to 10 days.
6. The arbitrator will confirm the suspension imposed by the employer if it is established that the employee was guilty of insubordination.

Answer: c

1. Which of the following is correct regarding the issue of discrimination in a collective agreement?

1. In order to comply with human rights legislation the collective agreement must contain a term that prohibits discrimination.
2. The parties can provide for a higher level of human rights protection in the collective agreement than human rights legislation requires.
3. Because human rights legislation protects against discrimination most collective agreements do not contain terms relating to discrimination.
4. Human rights legislation protects employees against discrimination because of union activity.
5. The parties can agree that the protection provided in human rights legislation against discrimination on the basis of age does not apply so that mandatory retirement is permissible.

Answer: b

1. Super-seniority is a provision in the collective agreement providing that:

1. union officials cannot be laid off
2. employees who have left the bargaining unit for a time and are returning are allowed to include their time away from the bargaining unit in their seniority
3. union officials cannot be discharged for misconduct
4. union officials will be laid off last despite the fact that other employees may have more seniority
5. union officials can claim priority when a job vacancy is posted

Answer: d

1. Which of the following is correct regarding seniority provisions in collective agreements?

1. Seniority is a factor in all job-related decisions such as layoffs, unless the collective agreement provides otherwise.
2. There will be one seniority calculation for all seniority-related provisions in the collective agreement such as vacations and layoffs.
3. The collective may provide that the employee with the most seniority will be awarded a job vacancy provided that they have sufficient ability for the job.
4. Employers prefer seniority to be given more weight in job-related decisions.
5. Seniority is usually the sole factor used when employees apply for a job vacancy.

Answer: c

1. A collective agreement provides that the employee with the most seniority will be awarded a job vacancy provided that they have sufficient ability to do the job. This is a:
2. relative ability clause
3. provision preferred by the union
4. provision preferred by the employer
5. super seniority clause
6. bumping provision

Answer: b

1. The recall period in a collective agreement refers to:
   1. The length of time within which an employer must impose any discipline after employee misconduct.
   2. The length of time an employee on layoff is entitled to reclaim a job if the employer is hiring employees.
   3. The time within which an employee must respond to a job posting.
   4. The time an employer has to bring employees in to work overtime.
   5. The time an employee is allowed to be away on parental leave.

Answer: b

1. Collective agreements commonly provide that seniority is lost:

1. when an employee takes a personal leave
2. during a maternity leave
3. when an employee has been laid off for a specified time
4. a, b, and c
5. a and c

Answer: c

1. Which of the following is correct regarding a grievance relating to the job posting and selection process?

1. The employer can rely upon the management rights article to establish any job specifications.
2. The selection decision must be based on the job specifications set out in the job posting.
3. An arbitrator will review the job specifications; however, an arbitrator will not review the employer’s decision regarding which employee meets the specifications.
4. If it is determined that the job posting process was flawed, arbitrators always order the process to be repeated.
5. The employer bears the burden of proof.

Answer: b

1. When employers are assessing the skill and ability of employees who have applied for a job opening they may refer to or consider:

1. interviews
2. testing
3. relevant disciplinary records
4. a, b, and c
5. a and c

Answer: d

1. When the union and the employer are negotiating a collective agreement which of the following will they not have to deal with in connection with layoffs:

1. possible restrictions on bumping
2. notice required
3. definition of a layoff
4. deemed termination
5. training for employees who are bumping other employees

Answer: d

1. Which of the following is most likely to be a collective agreement term?

1. Employees have a specified time to respond to a job posting.
2. All job openings must be posted.
3. Seniority is the sole factor determining which employee will be selected for a job. opening
4. a, b, and c
5. a and b

Answer: a

1. A collective agreement provides that if a job opening is being filled seniority is referred to if the skill and ability of employees is relatively equal. This provision is:

1. a sufficient ability clause
2. the seniority provision preferred by the union
3. a competitive ability clause
4. the one that allocates the most weight to seniority
5. discriminatory

Answer: c

1. Which of the following is correct regarding health and safety issues and collective agreements?

1. health and safety committees are required when provided for in the collective agreement
2. health and safety legislation requires that collective agreements contain provisions providing for a health and safety committee
3. many collective agreements provide for specific health and safety provisions instead of relying on the provisions found in legislation
4. employees have the right to refuse unsafe work if this right is provided in the agreement
5. the collective agreement must provide for a health and safety committee composed of members as provided in health and safety legislation

Answer: c

1. Which of the following is not an issue when the union and the employer are negotiating the holiday provisions of the collective agreement?

1. attendance requirements before and after the holiday
2. the amount of vacation pay
3. holidays that fall on a scheduled day off
4. the entitlement of probationary employees to holidays
5. the entitlement of employees when a shift starts on a day before the holiday and extends into the holiday

Answer: b

1. Which of the following is correct regarding benefits and the collective agreement?

1. Benefits that employees will be entitled to must be set out specifically in the collective agreement.
2. The employer will always establish a flexible benefit plan that allows employees to individually negotiate their benefit costs.
3. The employer must arrange insurance coverage to provide for benefits set out in the collective agreement.
4. The benefits employees are entitled to could be provided for outside of the collective agreement.
5. Legislation sets out all the benefits that must be provided for in collective agreements.

Answer: d

1. A collective agreement contains a provision that the employer shall pay the insurance premiums for a dental plan. If there is a dispute relating to this benefit how will the matter be resolved?
   1. A grievance must be filed pursuant to the collective agreement.
   2. A claim must be made against the insurer.
   3. The employee must sue the employer.
   4. The union must sue the employer.
   5. either a or b

Answer: b

1. Which of the following is not an issue when the union and the employer are negotiating the overtime provisions of the collective agreement?

1. rules regarding the distribution of overtime
2. notice required
3. maximum amount of overtime
4. provisions defining overtime pay so that employees earn more than the rate specified in employment standards legislation
5. provisions defining overtime hours so that employees can work more hours at their regular rate of pay than the hours specified in employment standards legislation

Answer: e

1. The fundamental issue in any technological change provisions in the collective agreement will be:
2. the notice required for technological change
3. any transfer provisions
4. the income protection provided
5. the definition of technological change
6. the severance payments if jobs are lost

Answer: d

1. Which of the following benefits is not provided in legislation in most jurisdictions?

1. paid bereavement leave
2. jury duty leave
3. maternity leave
4. parental leave
5. vacations

Answer: a

1. Which of the following is not a term the union and the employer can agree upon when they negotiate the leave provisions of the collective agreement?

1. unpaid jury duty leave
2. maternity leave with a maximum of 14 weeks
3. an eligibility period for parental leave that requires the employee to work for a shorter period than is provided for in employment standards legislation
4. unpaid maternity leave
5. paid bereavement leave

Answer: b

1. A collective agreement may provide for which of the following provisions?

1. union information to be provided to new employees
2. union officers to be allowed to conduct union business during work hours
3. the employer to provide office space to the union
4. a, b, and c
5. a and b

Answer: d

1. Which of the following is correct regarding union and employer preferences for the terms of a collective agreement?
2. Employers prefer a long or detailed form for the management rights article.
3. Unions prefer a long or detailed form for the management rights article.
4. Employers prefer mandatory union membership.
5. Unions prefer shorter time limits in the grievance procedure.
6. Unions prefer a narrower definition of technological change.

Answer: a

Essay Questions

1. Explain the nature of two mandatory terms in a collective agreement and three other terms that are commonly found in a collective agreement.

1. Explain the provisions of labour relations legislation in your province regarding the deduction of union dues and union membership in a collective agreement.

1. Explain the meaning and importance of contracting out. Describe the relevant labour law relating to this issue and its implications for unions and employers negotiating a collective agreement.

1. You are on a union bargaining team that is negotiating a first agreement with an employer. Explain the terms will that you want the agreement to contain relating to discipline and discharge.

1. Distinguish between a relative ability and a sufficient ability seniority provision in a collective agreement. Include the preferences of unions and employers.

1. You are on a management team preparing to negotiate a renewal of a collective agreement. One of the issues that you expect the union will raise is overtime. Explain what you think the union demands will be in general terms and the key points you would like to have the agreement provide from management’s perspective.

1. You are on a management team preparing to negotiate a renewal of a collective agreement. One of the issues that you expect the union will raise is technological change. The present contract does not contain provisions relating to technological change. Explain what you think the union demands will be in general terms and the key points you would like to have the agreement provide for from the management perspective, assuming that a technological change article will be added to the agreement.