TEST BANK for Labour Relations 6th Canadian Edition by Larry Suffield, Gary Gannon, Carol Ann Samhab

Labour Relations 6e (Canadian Edition) By Larry Suffield, Gary Gannon, Carol Ann Samhaber (Test Bank All Chapters, 100% Original Verified, A+ Grade) CHAPTER 1 Unions Objectives, Processes, and Structure True/False 1. Unionization is based on the principle that employees may have little or no individual power when dealing with their employer.

Answer: True Difficulty: Easy Skill: Application of Knowledge LO 1.1 Outline the objectives of unions.

2. A union has the primary objective of improving the employee compensation and working conditions.

Answer: True Difficulty: Easy Skill: Application of Knowledge LO 4.1 Outline the objectives of unions.

3. On average, unions do not pursue economic and social change.

Answer: False Difficulty: Easy Skill: Application of Knowledge LO 1.1 Outline the objectives of unions.

4. Union density is the percentage of non-agricultural workers who are union members.

Answer: True Difficulty: Easy Skill: Application of Knowledge LO 1.1 Outline the objectives of unions.

5. Employees are required to become union members.

Answer: False Difficulty: Easy Skill: Application of Knowledge

LO 1.2 Describe union membership.

6. Union coverage is the percentage of employees covered by a collective agreement, including those who do not become union members.

Answer: True Difficulty: Easy Copyright © 2024 Pearson Canada Inc. 142

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Chapter 1 Union Objectives, Processes, and Structure

Skill: Application of Knowledge LO 1.1 Outline the objectives of unions.

7. The organization of part-time employees continues to be relatively easy for unions.

Answer: False Difficulty: Easy Skill: Application of Knowledge

LO 1.2 Describe union membership.

8. There has not been a decline in the unionization rate for young men .

Answer: False Difficulty: Easy Skill: Application of Knowledge

LO 1.2 Describe union membership.

9. Union members may have higher levels of education than is commonly perceived.

Answer: True Difficulty: Easy Skill: Application of Knowledge

LO 1.2 Describe union membership.

10. 31 percent of union members have a post-secondary certificate or diploma, while 30 percent have a university degree.

Answer: True Difficulty: Easy Skill: Application of Knowledge

LO 1.2 Describe union membership.

11. Craft unions organize members of a trade or occupation.

Answer: True Difficulty: Easy Skill: Application of Knowledge

LO 1.3 Explain the types of unions.

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12. Industrial unions organize employees in different occupations in an organization.

Answer: True Difficulty: Easy Skill: Application of Knowledge

LO 1.3 Explain the types of unions.

13. It is not possible that several unions could organize workers in the same industry.

Answer: False Difficulty: Easy Skill: Application of Knowledge

LO 1.3 Explain the types of unions.

14. Unions do not support non-economic issues such as health and safety, work hours and job security.

Answer False Difficulty: Easy Skill: Application of Knowledge LO 1.4 Outline the objectives and processes of unions.

15. Some of the improvements in working terms that unions are able to achieve are not often adopted in the non-union sector.

Answer False Difficulty: Easy Skill: Application of Knowledge LO 1.1 Outline the strategic goals of unions.

16. Union political activity could involve working to elect a government that will pass legislation that could help a union negotiate more favourable terms of employment.

Answer: True Difficulty: Easy Skill: Application of Knowledge LO 1.1 Outline the strategic goals of unions.

17. A union cannot protect freedom of speech through the collective agreement and the grievance process.

Answer: False Difficulty: Easy Skill: Application of Knowledge LO 4.1 Outline the strategic goals of unions Copyright © 2024 Pearson Canada Inc. 144

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18. Unions should be considered a business partner seeking to organize and represent employees regarding their terms and conditions of employment with an employer.

Answer: True Difficulty: Easy Skill: Application of Knowledge LO 1.1 Outline the strategic goals of unions.

19. A union local is an administrative unit of a national or international union organization.

Answer: True Difficulty: Easy Skill: Application of Knowledge

LO 1.4 Outline the objectives and processes of unions.

20. A local can have its own bylaws and constitution. Answer: True Difficulty: Easy Skill: Application of Knowledge

LO 1.4 Outline the objectives and processes of unions.

Multiple Choice 1. a. b. c. d.

Union objectives include which of the following? improving terms and conditions of employers protecting employers against arbitrary employee actions providing a process for conflict resolution and employee input pursuing demographic changes

Answer: c Difficulty: Moderate Skill: Application of Knowledge LO 1.1 Outline the strategic goals of unions.

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2. Union density is the: a. percentage of agricultural employees who are union members b. percentage of non-agricultural employees in a geographic area c. percentage of non-agricultural workers who are union members d. number of non-agricultural workers who are union members Answer: c Difficulty: Moderate Skill: Concept LO 1.1 Outline the strategic goals of unions.

3.

Union coverage is the: a. number of employees covered by a collective agreement, including those who do not become union members b. number of employees covered by a collective agreement, including those who do not become union c. percentage of employees including those who do not become union members d. percentage of employees covered by a collective agreement, including those who do not become union members

Answer: d Difficulty: Moderate Skill: Concept LO 1.1 Outline the strategic goals of unions.

4. A craft union has also been called a: a. horizontal union b. specialist union c. artist union d. non-industrial union Answer: a Difficulty: Moderate Skill: Concept 1.3 Explain the types of unions.

5. Union objectives include which of the following? a. Improving terms and conditions of client contracts b. Protecting against arbitrary government action c. Providing conflict resolution and employee input Pursuing demographic change Answer: c Difficulty: Moderate Skill: Concept LO 1.4 Outline the objectives and processes of unions.

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Chapter 1 Union Objectives, Processes, and Structure

6. By providing a process for the resolution of conflict and employee input, unions may assist: a. employers and increase productivity b. employees to decrease productivity c. government and increase productivity d. clients and increase productivity Answer: a Difficulty: Moderate Skill: Concept LO 1.4 Outline the objectives and processes of unions.

7. The roles and responsibilities of union locals are set out in the: a. constitution and bylaws of the larger parent union b. provincial or territorial legislation c. federal legislation d. organizational bylaws and policies Answer: a Difficulty: Moderate Skill: Concept LO 1.4 Outline the objectives and processes of unions.

8. Many union locals have a membership consisting of those who work for: a. one employer in a municipality b. all employers in a municipality c. all employers with the same skilled employees d. . one municipal government employees Answer: a Difficulty: Moderate Skill: Concept LO 1.4 Outline the objectives and processes of unions.

9. Union bylaws set out matters relating to the governance of the: a. local, including election and duties of officers, rules regarding meetings and committee structures b. parent union, including election and duties of officers, rules regarding meetings and committee structures c. local, including election and duties of officers, rules regarding meetings and organizational structures d. parent union including election and duties of officers, rules regarding employer meetings and committee structures Answer: a Copyright © 2024 Pearson Canada Inc. 147

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Difficulty: Moderate Skill: Concept LO 1.4 Outline the objectives and processes of unions.

10. The business agent is the key liaison between the: a. parent union and its local branches b. employees and employer c. employee and the parent union d. employer and the parent union Answer: a Difficulty: Moderate Skill: Concept LO 1.4 Outline the objectives and processes of unions.

11. Union locals obtain their operating funds from: a. government grants b. the parent union c. union dues d. the employer Answer: c Difficulty: Moderate Skill: Concept LO 1.4 Outline the objectives and processes of unions.

12. Union dues are a: a. specified percentage of an employee’s earnings b. a specified dollar amount of an employee’s earnings c. percentage of the organizational payroll d. percentage of the parent union expenses Answer: a Difficulty: Moderate Skill: Concept LO 1.4 Outline the objectives and processes of unions.

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Chapter 1 Union Objectives, Processes, and Structure

13. Dues are a specified percentage of an employee’s earnings, typically: a. 1 to 2 percent b. 5 percent c. 10 percent d. 13 percent Answer: a Difficulty: Moderate Skill: Concept LO 1.4 Outline the objectives and processes of unions.

14. Who does an employee contact if they think the collective agreement has been violated? a. the organizational human resources management department b. the steward or the chief steward c. the parent union d. the labour relations board Answer: b Difficulty: Moderate Skill: Concept LO 1.4 Outline the objectives and processes of unions.

15. Trusteeship refers to a a. parent union temporarily taking direct control of one of its union locals b. a local union temporarily taking direct control of the organization c. a local union temporarily taking direct control of another local d. a local union temporarily taking direct control of the employes Answer: a Difficulty: Moderate Skill: Concept LO 1.4 Outline the objectives and processes of unions.

16. Unions: a. seek to influence government legislation and policy directions through lobbying, advertising and appearances before parliamentary and legislative committees b. do not seek to influence government legislation and policy directions as this is illegal c. seek to influence government legislation and policy directions through voting d. seek to influence government legislation and policy directions through influencing employee Answer: a Difficulty: Moderate Copyright © 2024 Pearson Canada Inc. 149

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Skill: Concept LO 1.4 Outline the objectives and processes of unions.

17. Labour federation or labour congress is a: a. provincial or territorial government oversight body b. federal government oversight body c. association of unions d. association of employers Answer: c Difficulty: Moderate Skill: Concept LO 1.4 Outline the objectives and processes of unions.

18. The directly chartered union receives a charter from a: a. labour congress and is not affiliated with a national or international union b. labour congress and is affiliated with a national or international union c. labour party and is affiliated with a national or international government d. labour party and not affiliated with a national or international union Answer: a Difficulty: Moderate Skill: Concept LO 1.4 Outline the objectives and processes of unions.

19. The Canadian labour congress is not responsible for which of the following: a. lobbying the federal government regarding employment and labour relations legislation b. Pursuing economic and social policy favourable to workers at the federal level c. enforcing the CLC code of ethics d. maintaining links with labour movements in other provinces or territories Answer: d Difficulty: Moderate Skill: Concept LO 1.4 Outline the objectives and processes of unions.

20. A labour council is an association of: a. employees in a municipality or region b. unions in a municipality or region c. union members in a municipality or region d. employers unions in a municipality or region Answer: a Difficulty: Moderate Copyright © 2024 Pearson Canada Inc. 150

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Chapter 1 Union Objectives, Processes, and Structure

Skill: Concept LO 1.4 Outline the objectives and processes of unions.

Essay Questions 1.

Explain the role and importance of a union local?

A union local serves as an administrative unit of a national or international (parent) union. The parent union provides support to its union local membership in collective bargaining and contract administration. Employers should clarify the relationship between the union local that represents their employees and the parent union, including matters such as the authority to call a strike.

Difficulty: Moderate Skill: Concept LO 1.4 Outline the objectives and processes of unions.

2.

Explain each of the union objectives.

• Improving terms and conditions of work for their members ▪ Protecting employees against arbitrary management actions ▪ Providing a process for conflict resolution and employee input ▪ Pursuing economic and social change Difficulty: Moderate Skill: Concept 1.1 Outline the strategic goals of unions.

3.

Why is it challenging to unionize part-time employees?

The organization of part-time employees continues to be a challenge for unions as many such employees are employed in the private-service sector, where unions have had difficulty organizing in the past. Part-time employees may not be engaged with the same employer for long periods of time, which also can challenge union organizers. Further, the use of part-time employees has been a source of conflict between unions and employers.

Difficulty: Moderate Skill: Concept LO 1.2 Describe union membership.

4.

Which of the union processes or methods do you think are the most important to the function and strategies of unions and why?

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Organizing employees Contract negotiation Strikes and boycotts Grievances and arbitration Court (legal) action Political activity Public relations Union–management collaboration Difficulty: Moderate Skill: Concept LO 1.4 Outline the objectives and processes of unions.

5.

Which functions of the union local do you think you would value the most as an unionized employee and why?

Administration of the collective agreement Collection and processing of union dues Representation at grievances and arbitration Collective bargaining on local issues Training and education of members Community service Political action Operation of a hiring hall Organizing employees Difficulty: Moderate Skill: Concept LO 1.4 Outline the objectives and processes of unions.

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Chapter 2 Labour Relations in Canada True/False 1. Some human resource management professionals s use the terms industrial relations and labour relations interchangeably.

Answer: True Difficulty: Easy Skill: Application of Knowledge LO: 2.6 Discuss the role of the human resources management professional in unionized organizations.

2. There is a consensus on the meaning of the terms industrial relations and labour relations.

Answer: False Difficulty: Easy Skill: Concept LO: 2.2 Describe the differences among labour relations, industrial relations and employee relations.

3. Labour relations are important because they affect both union and non-union employees.

Answer: True Difficulty: Easy Skill: Concept LO: 2.1 Explain the importance of labour relations in today’s organizations.

4. Labour relations is defined as the study of all aspects of the union-management relationship.

Answer: True Difficulty: Easy Skill: Concept LO: 2.2 Describe the differences among labour relations, industrial relations and employee relations.

5. The issue of improving health and safety in the workplace is within the industrial relations practice.

Answer: True Difficulty: Easy Skill: Application of Knowledge LO: 2.1 Explain the importance of labour relations in today’s organizations.

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6. The Political Economy Approach to Labour Relations suggests that there is fundamental conflict of interest between employers and employees.

Answer: True Difficulty: Moderate Skill: Concept LO: 2.3 Outline the historical development of unions and the implications of these events.

7. The Conciliation Act of 1907 required employers to recognize unions.

Answer: False Difficulty: Moderate Skill: Concept LO: 2.3 Outline the historical development of unions and the implications of these events.

8. After an employer has been unionized an employee in the bargaining unit cannot make an agreement with the employer providing for additional vacation time.

Answer: True Difficulty: Moderate Skill: Application of Knowledge LO: 2.1 Explain the importance of labour relations in today’s organizations.

9. When employees are not represented by a union, the employment relationship is governed by the contract between the parties, common law, and employment legislation.

Answer: True Difficulty: Moderate Skill: Application of Knowledge LO: 2.5 Describe main differences between unionized and non-unionized organizations.

10. A unionized employer must give members of the bargaining unit reasonable notice to terminate them.

Answer: False Difficulty: Moderate Skill: Application of Knowledge LO: 2.5 Describe main differences between unionized and non-unionized organizations.

11.The courts have the authority to order employers to reinstate non-union employees who have been wrongfully dismissed.

Answer: False Difficulty: Moderate Skill: Application of Knowledge LO: 2.5 Describe main differences between unionized and non-unionized organizations.

11. Constructive dismissal means that an employer could not reduce an employee's pay by 15% Copyright © 2023 Pearson Canada Inc. 2

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unless the employee consents.

Answer: True Difficulty: Moderate Skill: Application of Knowledge LO: 2.5 Describe main differences between unionized and non-unionized organizations.

12. Unionization affects the profitability but not the productivity of employers.

Answer: False Difficulty: Moderate Skill: Application of Knowledge LO: 1.1 Explain the importance of labour relations in today’s organizations 13. A Systems Approach to labour relations refers to the industrial relationship, parties, processes, and outputs.

Answer: False Difficulty: Moderate Skill: Concept LO: 1.3 Outline the historical development of unions and the implications of these events 14. The processes in labour relations refer only to joint union-management activities such as contract negotiations.

Answer: False Difficulty: Moderate Skill: Application of Knowledge LO: 1.4 Describe main differences between unionized and non-unionized organizations 15. Human resource management and labour relations professionals may have a different perspective on unions.

Answer: True Difficulty: Easy Skill: Application of Knowledge 1.5 Discuss the role of the human resources management professional in unionized organizations 16. Without a union, the employment relationship would be governed exclusively by agreements between employers and individual employees.

Answer: False Difficulty: Moderate Skill: Application of Knowledge LO: 1.4 Describe main differences between unionized and non-unionized organizations

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17. Wrongful dismissal means that an employer must have a valid reason to terminate an employee.

Answer: False Difficulty: Moderate Skill: Application of Knowledge LO: 1.1 Explain the importance of labour relations in today’s organizations

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18. It is possible for collective agreements to provide less notice of termination to employees than the common law reasonable notice period.

Answer: True Difficulty: Moderate Skill: Application of Knowledge LO: 1.1 Explain the importance of labour relations in today’s organizations 19. There are studies indicating that unionized employees have lower job satisfaction than nonunion employees.

Answer: True Difficulty: Moderate Skill: Application of Knowledge 20. LO: 1.1 Explain the importance of labour relations in today’s organizationsAn Open Systems Framework for Labour Relations contains five elements: the parties, processes, the environment, outputs, and feedback.

Answer: True Difficulty: Moderate Skill: Concept LO: 1.3 Outline the historical development of unions and the implications of these events 21. The environmental factors affecting labour relations refer exclusively to the economy, technology, and legal issues.

Answer: False Difficulty: Moderate Skill: Application of Knowledge LO: 1.1 Explain the importance of labour relations in today’s organizations 22. The Public Service Staff Relations Act had the effect of doubling the total union membership.

Answer: True Difficulty: Moderate Skill: Concept LO: 1.3 Outline the historical development of unions and the implications of these events 23. Labour relations in Canada are viewed as being co-operative in nature.

Answer: False Difficulty: Moderate Skill: Concept LO: 1.3 Outline the historical development of unions and the implications of these events

24. Craft unions historically represented skilled employees only.

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Answer: True Difficulty: Moderate Skill: Concept LO: 1.3 Outline the historical development of unions and the implications of these events 25. The legal environment hinders collaboration between employers and unions because it provides that unions cannot agree to give up the right to strike.

Answer: False Difficulty: Moderate Skill: Application of Knowledge LO: 1.1 Explain the importance of labour relations in today’s organizations 26. Social unionism refers to a union philosophy that is concerned with improving pay and working conditions as well as broader economic change.

Answer: True Difficulty: Moderate Skill: Concept LO: 1.3 Outline the historical development of unions and the implications of these events 27. Craft unions were independent local unions made up of various skilled employees.

Answer: True Difficulty: Moderate Skill: Concept LO: 1.3 Outline the historical development of unions and the implications of these events

29. One of the provisions of the Wagner Act was that employers had to recognize an employee’s right to join a union in the United States.

Answer: True Difficulty: Moderate Skill: Concept LO: 1.3 Outline the historical development of unions and the implications of these events 30. Privy Council Order 1003 established the rights and obligations fundamental to labour relations in Canada.

Answer: True Difficulty: Moderate Skill: Concept LO: 1.3 Outline the historical development of unions and the implications of these events Multiple Choice

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1.

Chapter 2 Labour Relations in Canada

Labour relations is defined as the study of: a. all aspects of the union-management relationship b. the negotiation and administration of collective agreements c. methods to improve union-management relations d. compensation in unionized workplaces

Answer: a Difficulty: Easy Skill: Concept LO: 1.3 Outline the historical development of unions and the implications of these events 2.

When a union represents employees: a. Employers are obligated to give reasonable notice when terminating employees. b. Disputes between the union and the employer are resolved in the courts. c. Employee job security is reduced. d. A termination of an employee could be overturned by an arbitrator.

Answer: d Difficulty: Moderate Skill: Application of Knowledge LO: 1.1 Explain the importance of labour relations in today’s organizations 3.

Privy Council Order 1003 (PC1003) legislation was modeled after: a. the Wagner Act b. the Charter of Rights and Freedom c. the Industrial Disputes Investigation Act d. the Public Service Staff Relations Act

Answer: a Difficulty: Moderate Skill: Concept LO: 1.3 Outline the historical development of unions and the implications of these events

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4.

Chapter 2 Labour Relations in Canada

WeRBurgersis reducing production because of a decrease in demand for its alternate meat products. When the organization reduces the size of its unionized workforce, which of the following is correct: a. the union must be given reasonable notice b. employees must be given reasonable notice c. employees must be given the notice provided for in the collective agreement d. employees cannot be terminated unless the union consents

Answer: c Difficulty: Moderate Skill: Application of Knowledge LO: 1.1 Explain the importance of labour relations in today’s organizations 5. Dunlop's model of industrial relations systems contains which of the following as elements: a. the distribution of power in society b. the context for the system c. workplace democracy d. political economy Answer: b Difficulty: Moderate Skill: Concept 6. 1.2 Describe the differences among labour relations, industrial relations and employee relationsAn open systems framework for labour relations has the following elements: a. parties, contract negotiation, the environment, outcomes, and feedback b. the environment, parties, processes, outcomes, and feedback c. parties, processes, the environment, outcomes, and legislation d. parties, processes, feedback, and outcomes Answer: b Difficulty: Moderate Skill: Concept LO: 1.3 Outline the historical development of unions and the implications of these events The stakeholders in Dunlop’s system are: a. employees and their agents b. free trade agreements c. society d. non-union employees Answer: a Difficulty: Moderate Skill: Concept LO: 1.3 Outline the historical development of unions and the implications of these events 8. The process component in a systems approach to labour relations includes which of the following: a. unilateral action by management 7.

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b. unilateral action by unions c. the environment d. a and b Answer: d Difficulty: Moderate Skill: Concept LO: 1.3 Outline the historical development of unions and the implications of these events 9.

Which of the following is correct regarding feedback in a systems framework for labour relations: a. Experience with a process can not result in a party seeking to change the process. b. The feedback affects only the actors and processes in the system. c. Outputs of the labour relations system affect the cultural system used by the parties. d. Outputs of the labour relations system affect the legal system of the parties. e.

Answer: d Difficulty: Moderate Skill: Concept LO: 1.3 Outline the historical development of unions and the implications of these events 10. A unionized employee has access to which of the following legal procedures and remedies: a. a suit for constructive dismissal b. a suit for wrongful dismissal c. reinstatement ordered by an arbitrator d. damages awarded by a judge for the breach of the collective agreement Answer: c Difficulty: Moderate Skill: Application of Knowledge LO: 1.1 Explain the importance of labour relations in today’s organizations 11. The unionization of employees is the least likely to affect which of the following: a. job satisfaction of employees b. costs of operations for the employer c. job security for employees d. the reasonable notice employees are entitled to Answer: d Difficulty: Moderate Skill: Application of Knowledge 1.1 Explain the importance of labour relations in today’s organizations 12. Which of the following are two dominant perspectives in the framework for labour relations: a. stakeholders and the environment Copyright © 2023 Pearson Canada Inc. 9

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b. processes engaged in by the actors and outputs c. cost and productivity d. Systems approach and the political economy approach Answer: d Difficulty: Moderate Skill: Application of Knowledge 1.1 Explain the importance of labour relations in today’s organizations 13. A political economy approach to labour relations emphasizes which of the following: a. conflict between employer and employee interests b. a web of rules c. an ideology shared by employers and unions d. the values of employers and unions Answer: a Difficulty: Moderate Skill: Concept 1.1 Explain the importance of labour relations in today’s organizations 14. Which of the following is correct regarding the environment component in a systems approach to labour relations: a. environmental factors do not effect each other b. outputs are an element of the system c. the distribution of power in society is an element of the system d. unions and employers may attempt to influence or change their environment Answer: d Difficulty: Moderate Skill: Concept 1.1 Explain the importance of labour relations in today’s organizations 15. The values and beliefs of the Canadian public are part of: a. the legal environment b. social environment c. political environment d. economic environment Answer: b Difficulty: Moderate Skill: Concept 1.1 Explain the importance of labour relations in today’s organizations 16. Which of the following is correct regarding the issue of employer and union collaboration: a. the legal environment may impact collaboration b. the labour relations system is viewed as being collaborative c. collaboration is universally accepted as being good for both parties Copyright © 2023 Pearson Canada Inc. 10

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d. collaboration is an essential component in a systems approach to labour relations Answer: a Difficulty: Moderate Skill: Concept 1.1 Explain the importance of labour relations in today’s organizations 17. Which of the following is correct regarding a systems framework for labour relations: a. It establishes that employers are the key stakeholder 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 there are numerous results or outputs.

Answer: d Difficulty: Moderate Skill: Concept 1.1 Explain the importance of labour relations in today’s organizations 18. PC 1003 had what impact on employers and unions? a. It prohibited many activities that companies used to resist a union. b. It prohibited many activities by unions in the certification process c. It separated employers into federal and provincial jurisdictions d. It provided a framework for employers and unions for certification of a union Answer: d Difficulty: Moderate Skill: Concept LO: 1.3 Outline the historical development of unions and the implications of these events 19. The Charter of Rights and Freedoms had what significance to unions in Canada a. It established provincial and federal jurisdictions with respect to employment laws. b. It provided the right of public service employees to unionize c. It prohibited the right of a government to legislated employees back to work d. It prohibited the right of essential service employees the right to strike.

Answer: b

Difficulty: Moderate Skill: Concept LO: 1.3 Outline the historical development of unions and the implications of these events Essay Questions 1. Describe the differences in the relationship between employers and employees in non-union and unionized environments.

Unions are involved in all aspects of the union–management relationship, including the establishment of union bargaining rights, the negotiation process, and the administration of a Copyright © 2023 Pearson Canada Inc. 11

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collective agreement. Therefore, non-unionized issues that do not involve union–management relations, would include CEO compensation.

Difficulty: Moderate Skill: Concept 1.1 Explain the importance of labour relations in today’s organizations 2. Discuss the following statement: Labour relations are important for employers, employees, and society.

3. Business unionism focuses on the improvement of the terms of employment through negotiation with the employer. Social unionism is concerned with improving the compensation and working conditions of bargaining unit members, while also seeking broader economic and social change.Two of the elements of a systems approach to labour relations are the stakeholders and the processes or activities the stakeholders engage in.

Identify the stakeholders in the system and describe the processes that each one could be engaged in.

There are three main parties: employers, unions, and government. We are concerned with the objectives, power and values of each, because these variables in turn affect the processes or activities they undertake in the next element of the framework. For example, if unions perceive that job security is threatened, their objective will be to attempt to negotiate pro-visions such as increased layoff notice. If governments think that inflation is a problem, they could enact legislation that puts limits on wage increases.

Other parties also play a role in addition to the three main actors. For example, conciliation officers and mediators are involved in contract negotiations. Arbitrators play a key role in the resolution of disputes relating to the interpretation of collective agreements.

Labour relations boards are critical to the system because they administer legislation that governs unions and employers. It might be argued, too, that organizations such as think tanks that comment on public policy and attempt to influence the public and governments are another type of actor. Examples of such organizations include the Conference Board of Canada, the C.D. Howe Institute and the Fraser Institute.

PROCESSES AND ACTIVITIES The third element of the framework refers to the various processes and activities the parties or actors might engage in. It should be noted that the parties do much more than negotiate collective agreements. The list of activities also includes unilateral action by management and unions. For example, if an issue is not governed by the collective agreement, the employer might make changes on its own initiative such as a use of technology policy.

Union–management committees are another important process involving these parties.

Some collective agreements establish various committees relating to job classifications, health and safe-y and other issues. In some workplaces, the employer and the union may establish other union–management task groups not referred to in the collective Copyright © 2023 Pearson Canada Inc. 12

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agreement. In these cases, unions are looked at as one of many stakeholder groups asked to contribute to a particular organizational outcome.

Political activity refers to attempts by unions and employers to influence elections and legislation passed by governments. Employer associations may lobby political parties related to desired changes in labour laws. Unions might try to influence government to pass stronger health and safety legislation. Strikes and lockouts are both a process and an output: either as part of the negotiation process that produces collective agreements or as a result of the negotiation process.

4. Describe the environmental factors that could affect labour relations.

Economic Environment—refers to the economy of the nation and the competitive position of an organization in a particular industry. For example, if there is an increase in inflation or new competitors in an industry, the union and the employer will be affected when considering pay rates for bargaining unit members.

Technological Environment—refers to developments in knowledge that lead to new products and services that could influence, for example, methods of production. Technological developments can also affect union and employer objectives in a number of areas, including job security, training and health and safety.

Social Environment—refers to the values and beliefs of Canadians relating to work, unions and employers. These values and beliefs may make communities more or less inclined to join or support unions.

Political Environment-- refers to the Canadian political system and the effect it has on labour relations. The political system directly affects the legislation that regulates unions and employers.

In November 2017, the Ontario government passed back-to-work legislation ending a five-week strike by community college faculty, librarians and counsellors. Public pressure on the Liberal government to end the strike, affecting some 500,000 students, contributed to this action.

Legal Environment—refers to all of the law that affects employees, unions and employers. Unions and employers are heavily regulated by labour relations legislation, which governs matters such as how a union organizes employees and how employers are allowed to respond. Human rights legislation is playing an important role in the administration of collective agreements. For example, addiction to alcohol or drugs is a disability under human rights legislation, requiring employers to reasonably accommodate employees in such circumstances.

5. Describe the outputs of a systems approach to labour relations.

OUTPUTS OR RESULTS The fourth component of the framework sets out the possible results of the processes and activities of the parties. The primary output or result will either be the achievement of a renewed collective agreement that sets out terms and conditions of employment, or a strike or lockout due to unresolved issues between the parties in collective bargaining.

During the term of a collective agreement, unresolved disagreements regarding the interpretaCopyright © 2023 Pearson Canada Inc. 13

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tion, application or administration of the terms and conditions set out in the contract will result in a rights arbitration process.

Legislation has been included as both a process and an output in the figure—as a process because it is an important activity of government, and as an output to indicate that legislation could be the result of the political activity of unions and employers.

FEEDBACK Craig’s contribution to a systems model for industrial relations is seen in this final and essential feature of this model that shows how the elements of the framework are interconnected and affect each other. This is done through the use of feedback loops, which are numbered in Figure 1-1. Each illustrates that an activity or output can in turn affect another element.

Loop 1 (from Processes to Parties) This shows that an experience with a particular process can lead to one or both of the parties seeking to change it. We will see later that rights arbitration, which is used to settle disputes relating to the administration of the contract (such as the termination of an employee), can be slow and costly. This might affect the objectives of the parties.

They might seek alternative methods to resolve disputes in the future. If the employer takes unilateral action that the union objects to, the union’s negotiation objectives will be affected. If the employer introduces a dress code, the union might attempt to deal with this in the next round of negotiations.

Loop 2 (from Outputs to Processes and Activities) Here an output of the system can affect the processes used by the parties. Legislation, as an output, might prevent the parties from using a strike or lockout during negotiations, or provide for regulations such as a strike notice.

Loop 3 (from Outputs to Actors or Parties) This shows how outputs from the system can affect the parties, specifically, their objectives, power and values. An extended strike might cause the parties to seek ways to improve their relationship and avoid confrontation in the future. A significant increase in wages might lead the union to focus on alternative objectives in the short term, such as obtaining work sharing or early retirement provisions.

Loop 4 (from Outputs to the Environment) Outputs in the labour relations framework can affect the environment. Wage increases and work stoppages affect the economy. Work stoppages can also affect the attitude of the public toward a particular union or unions in general.

6. What was the impact of the enactment of PC1003?

PC 1003 prohibited many of the prior practices that employers had used to avoid unions such as threatening, intimidating or discriminating against employees. For the first time, employers were required to recognize and bargain with certified unions. The law also now made it illegal for unions to strike to obtain recognition. After the war, the federal government enacted the Industrial Relations and Disputes Investigation Act, which incorporated the principles established in PC 1003. The legislation covered only industries within the federal jurisdiction. This federal legislation is now Part 1 of the Canada Labour Code. Using PC 1003 as a model, Canadian provincial governments enacted their own labour relations statutes covering provincially regulated employers.

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Chapter 3 The Environment

Chapter 3 The External Environment True/False 1.

Nominal wages are wages that have been adjusted for inflation.

Answer: False Difficulty: Easy Skill: Application of Knowledge LO 3.2: Outline the possible effects of economic variables on employer and union objectives and power.

2.

Fiscal policy refers to changes in the interest rate to affect inflation or employment levels.

Answer: False Difficulty: Easy Skill: Application of Knowledge LO 3.2: Outline the possible effects of economic variables on employer and union objectives and power.

3. Employers and unions cannot contract out of employment standards, human rights, or labour relations legislation.

Answer: True Difficulty: Easy Skill: Application of Knowledge 4. LO 3.7: Outline the legal requirements that affect employers and unions.

Technological advances could be both a threat and an opportunity for unions.

Answer: True Difficulty: Easy Skill: Application of Knowledge LO 3.3: Describe the implications of technology for unions and employer.

5.

Labour relations legislation establishes minimum terms of employment.

Answer: False Difficulty: Easy Skill: Application of Knowledge LO 3.7: Outline the legal requirements that affect employers and unions.

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Labour Relations, Sixth Edition

6.

Chapter 3 The Environment

The legal environment affecting labour relations is not affected by the social environment.

Answer: False Difficulty: Easy Skill: Application of Knowledge LO 3.7: Outline the legal requirements that affect employers and unions.

7. A retail store with locations in more than one province is regulated by the Canada Labour Code.

Answer: False Difficulty: Easy Skill: Application of Knowledge LO 3.7: Outline the legal requirements that affect employers and unions.

8.

Unions are not concerned about a change in government.

Answer: False Difficulty: Easy Skill: Application of Knowledge LO 3.6: Explain the implications of the social and political environment for labour relations processes.

9. During economic downturns, unions will seek larger than usual wage increases to protect the real incomes of employees.

Answer: False Difficulty: Easy Skill: Application of Knowledge LO 3.2: Outline the possible effects of economic variables on employer and union objectives and power.

10. The macroeconomic environment impacts the objectives and power of unions and employers Answer: True Difficulty: Easy Skill: Concept LO 3.2: Outline the possible effects of economic variables on employer and union objectives and power.

11. Human rights legislation provides for minimum terms of employment.

Answer: False Difficulty: Easy Skill: Concept LO 3.7: Outline the legal requirements that affect employers and unions.

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Labour Relations, Sixth Edition

Chapter 3 The Environment

12. Non-standard work is employment in developing economic sectors such as information technology.

Answer: False Difficulty: Easy Skill: Application of Knowledge LO 3.7: Outline the legal requirements that affect employers and unions.

13. Globalization is the trend to international agreements that reduce tariff barriers between countries.

Answer: False Difficulty: Easy Skill: Application of Knowledge LO 3.1: Identify the environmental factors that affect labour relations.

14. Federal, provincial, and territorial governments’ economic policies do not include direct and indirect support for a business sector or industry.

Answer: False Difficulty: Easy Skill: Application of Knowledge LO 3.1: Identify the environmental factors that affect labour relations.

15. Labour economics provides a model that refers to the demand and supply of labour that will help explain changes in wages and levels of employment.

Answer: True Difficulty: Easy Skill: Application of Knowledge LO 3.1: Identify the environmental factors that affect labour relations.

16. Any factor that causes an increase in the demand for labour, such as an economic upturn, should lead to increased levels of employment and higher wages.

Answer: True Difficulty: Easy Skill: Application of Knowledge LO 3.1: Identify the environmental factors that affect labour relations.

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Labour Relations, Sixth Edition

Chapter 3 The Environment

17. Trade liberalization is the trend to international agreements that reduce tariff barriers between countries.

Answer: True Difficulty: Easy Skill: Application of Knowledge LO 3.1: Identify the environmental factors that affect labour relations.

18. Unions attempt to avoid the effects of the labour market that would otherwise dictate the wages of individual employees.

Answer: True Difficulty: Easy Skill: Application of Knowledge LO 3.1: Identify the environmental factors that affect labour relations.

19. As perceived union power increases support for unions declines.

Answer: True Difficulty: Easy Skill: Application of Knowledge LO 3.1: Identify the environmental factors that affect labour relations.

20. In general, Canada is more supportive of unions that the United States.

Answer: True Difficulty: Easy Skill: Application of Knowledge LO 3.1: Identify the environmental factors that affect labour relations.

21. All employees and unions in a particular province or territory are regulated by the labour relations legislation of the province or territory.

Answer: False Difficulty: Easy Skill: Application of Knowledge LO 3.7: Outline the legal requirements that affect employers and unions.

22. Human rights legislation in all provinces and territories now prohibits mandatory retirement.

Answer: True Difficulty: Easy Skill: Application of Knowledge LO 3.7: Outline the legal requirements that affect employers and unions.

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23. Direct discrimination refers to a rule or conduct that is intentionally discriminatory.

Answer: True Difficulty: Easy Skill: Concept LO 3.7: Outline the legal requirements that affect employers and unions.

24. If an employer establishes that a rule or requirement is a BFOQ (BFOR), the employer is allowed to establish the requirement even though it is discriminatory.

Answer: True Difficulty: Easy Skill: Concept LO 3.7: Outline the legal requirements that affect employers and unions.

25. The Charter has been relied upon in some cases to defend employees’ freedom of expression.

Answer: True Difficulty: Easy Skill: Concept LO 3.7: Outline the legal requirements that affect employers and unions.

26. The unionization rate has fallen, with most of the reduction in female representation.

Answer: False Difficulty: Easy Skill: Application of Knowledge LO 3.4: Discuss how demographics may cause employers and unions to adjust their respective goals and strategies.

27. The workforce is aging, yet this has not had a significant impact upon unions and employers.

Answer: False Difficulty: Easy Skill: Application of Knowledge LO 3.4: Discuss how demographics may cause employers and unions to adjust their respective goals and strategies.

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28. Deregulation has decreased competition in some key industries.

Answer: False Difficulty: Easy Skill: Concept LO 3.1: Identify the environmental factors that affect labour relations.

29. Technology will likely lead to both job losses and job gains.

Answer: True Difficulty: Easy Skill: Application of Knowledge LO 3.3: Describe the implications of technology for unions and employer.

30. average age of employees has been increasing since the year 2000.

Answer: True Difficulty: Easy Skill: Application of Knowledge LO 3.4: Discuss how demographics may cause employers and unions to adjust their respective goals and strategies.

Multiple Choice 1. Which of the following is the least likely to be affected by the macroeconomic environment: a. the demands made by unions b. the elasticity of demand for goods and services c. the demands made by employers d. the real wages of employees Answer: b Difficulty: Moderate Skill: Concept LO 3.2 Outline the possible effects of economic variables on employer and union objectives and power.

2. When the value of the Canadian dollar increases, which of the following is correct? a. employment in all sectors of the economy will be reduced b. real wages will be decreased c. union concerns about job security will be reduced d. real value will increase Answer: d Difficulty: Moderate Copyright © 2024 Pearson Canada Inc. 14

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Skill: Concept LO 3.2 Outline the possible effects of economic variables on employer and union objectives and power.

3. Which of the following is the least likely to have a negative impact on Canadian manufacturers and unions: a. monetary policy aimed at reducing inflation b. the price elasticity of demand for the product produced by the employer c. a decline in the value of the Canadian dollar d. an increase in the value of the Canadian dollar Answer: c Difficulty: Moderate Skill: Concept LO 3.7 Outline the possible effects of economic variables on employer and union objectives and power.

4. Which of the following does the macroeconomic environment refer to: a. the rate of unemployment b. the state of economy as a whole c. the rate of inflation d. the period of recession Answer: b Difficulty: Moderate Skill: Concept LO 3.7 Outline the possible effects of economic variables on employer and union objectives and power.

5. Diversity refers to a set of labour force that includes people of: a. full time workers b. female workers c. different religions, ethnicity, sexual orientations & disabilities d. older workers Answer: c Difficulty: Moderate Skill: Concept LO 3.4: Discuss how demographics may cause employers and unions to adjust their respective goals and strategies.

6. Which of the following is an economic factor affecting labour relations in terms of the shift from manufacture of goods to the production of services: a. deregulation b. mergers c. globalization d. downsizing Copyright © 2024 Pearson Canada Inc. 15

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Answer: c Difficulty: Moderate Skill: Concept LO 3.2 Outline the possible effects of economic variables on employer and union objectives and power.

7. a. b. c. d.

Free trade agreement has added to the economic pressure to some employers and unions has not added to the economic pressure to some employers and unions has added to the economic pressure to some employers has added to the economic pressure to unions

Answer: a Difficulty: Moderate Skill: Concept LO 3.2 Outline the possible effects of economic variables on employer and union objectives and power.

8. The shift from the government limiting market entrants and controlling prices to a system where the market is open to competition is: a. globalization b. trade liberalization c. deregulation d. deindustrialization Answer: c Difficulty: Moderate Skill: Concept LO 3.2 Outline the possible effects of economic variables on employer and union objectives and power.

9. In a competitive non-union labour market a. the interaction of the demand for raw materials by businesses and the supply of labour by individuals determines the level of employment and wages b. a. the interaction of the demand for labour by businesses and the supply of raw materials determines the level of employment and wages c. a. the interaction of the demand for labour by businesses and the supply of labour by individuals determines the level of employment and wages d. a. the interaction of the labour supply for businesses and the supply of labour by individuals determines the level of employment and wages Answer: c Difficulty: Moderate Skill: Concept Copyright © 2024 Pearson Canada Inc. 16

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LO 3.2 Outline the possible effects of economic variables on employer and union objectives and power.

Answer: a 9. Which of the following groups of employees is the most likely to be concerned with the pension provisions in a collective agreement: a. part-time employees b. younger employees c. male employees d. older employees Answer: d Difficulty: Moderate Skill: Application of Knowledge LO 3.4: Discuss how demographics may cause employers and unions to adjust their respective goals and strategies.

10. Which of the following is correct? a. The aging workforce is a concern for employers, but not for unions. b. Female employees are less likely than male employees to support unionization. c. Diversity is a concern for employers, but not for unions. d. It has been more difficult for unions to organize part-time employees than full-time employees.

Answer: d Difficulty: Moderate Skill: Application of Knowledge LO 3.4: Discuss how demographics may cause employers and unions to adjust their respective goals and strategies.

11. Which of the following is correct regarding technological change? a. it always leads to improvements in health and safety b. it does not affect the location of work c. it does not affect compensation d. it affects the ways that unions deal with employees Answer: d Difficulty: Moderate Skill: Application of Knowledge LO 3.3: Describe the implications of technology for unions and employer 12. Health and safety, compensation, and job security are likely to be most affected by: a. mergers b. deregulation c. increased diversity d. technological change Copyright © 2024 Pearson Canada Inc. 17

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Answer: d Difficulty: Moderate Skill: Application of Knowledge LO 3.3: Describe the implications of technology for unions and employer 13. Which of the following is correct regarding the social environment? a. it does not impact the law that regulates labour relations b. attitudes towards unions are the same across Canada c. it does not affect the propensity of employees to join unions d. it impacts the bargaining power of the union and the employer Answer: d Difficulty: Moderate Skill: Application of Knowledge LO 3.1 Identify the environmental factors that affect labour relations.

14. Which of the following is a federally regulated employer: a. a retail store with locations in more than one province b. a bank c. an auto-manufacturing firm with plants in more than one province d. a retail store in Nova Scotia Answer: b Difficulty: Moderate Skill: Application of Knowledge LO 3.7: Outline the legal requirements that affect employers and unions.

15. The Highlands Store sells hiking and canoeing equipment. The organization has at least one store in every Canadian province and territory. The organization’s head office is located in Manitoba. If a union attempts to organize the employees of one of the organization’s stores located in the Northwest Territories, which of the following applies: a. Nova Scotia labour relations legislation b. federal labour relations legislation c. the Northwest Territories labour relations legislation d. British Columbia labour relations legislation Answer: c Difficulty: Moderate Skill: Application of Knowledge LO 3.7: Outline the legal requirements that affect employers and unions.

16. Fast Co. is a national courier business with depots in all provinces and territories. The Fast Co. head office is located in British Columbia. If a union attempts to organize the employees of one of the organization’s depots located in Alberta, which of the following applies: a. The Canada Labour Code b. Alberta labour relations legislation c. British Columbia labour relations legislation Copyright © 2024 Pearson Canada Inc. 18

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d. Ontario labour relations legislation Answer: a Difficulty: Moderate Skill: Application of Knowledge LO 3.7: Outline the legal requirements that affect employers and unions.

17. The fact that the jurisdiction to enact employment and labour relations legislation is divided between the federal government, provinces, and territories leads to certain consequences.

Which of the following is correct regarding the division of authority: a. It increases the costs of employers that carry on business in more than one province. b. It could cause confusion regarding the relevant rules of employment. c. It does not allow the federal government to deal with issues that are unique to federally regulated employers. d. a and b Answer: d Difficulty: Moderate Skill: Concept LO 3.7: Outline the legal requirements that affect employers and unions.

18. 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 Answer: c Difficulty: Moderate Skill: Concept LO 3.7: Outline the legal requirements that affect employers and unions.

19. The process that must be followed for a union to obtain the right to represent employees is set out in which of the following? a. labour relations legislation b. human rights legislation c. health and safety legislation d. employment standards legislation Answer: a Difficulty: Moderate Skill: Concept LO 3.7: Outline the legal requirements that affect employers and unions.

20. In all jurisdictions unions and employers are prohibited from discriminating on the basis of: a. a marital status b. social views c. political belief Copyright © 2024 Pearson Canada Inc. 19

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d. religious opinions Answer: a Difficulty: Moderate Skill: Concept LO 3.7: Outline the legal requirements that affect employers and unions.

21. Unions and employers are prohibited from contracting out of: a. Collective bargaining b. employment standards legislation c. charter of rights and freedom d. Canadian parliamentary system Answer: b Difficulty: Moderate Skill: Concept LO 3.7: Outline the legal requirements that affect employers and unions.

22. Which of the following is correct? a. Direct discrimination is unintentional. b. Disability is a physical or mental illness that is permanent. c. Disability refers to physical health issues such as a cancer; however, it does not include mental health issues such as depression. d. Addiction to a drug is a disability.

Answer: d Difficulty: Moderate Skill: Concept LO 3.7: Outline the legal requirements that affect employers and unions.

23. The Canadian Charter of Rights and Freedoms has been relied upon to: a. extend benefits to same-sex partners b. prohibit the mandatory deduction of union dues c. prohibit mandatory union membership d. protect the right to strike Answer: a Difficulty: Moderate Skill: Concept LO 3.7: Outline the legal requirements that affect employers and unions.

24. A duty of accommodation arises only when there is: a. consideration b. accommodation c. job modification d. discrimination Copyright © 2024 Pearson Canada Inc. 20

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Answer: d Difficulty: Moderate Skill: Concept LO 3.7: Outline the legal requirements that affect employers and unions.

25. The duty to accommodate: a. requires employers to do whatever is required to avoid the adverse effects of discrimination b. arises only in cases of indirect discrimination c. requires employers to take measures, which do not impose an undue hardship d. does not require a variation from the terms of a collective agreement Answer: c Difficulty: Moderate Skill: Concept LO 3.7: Outline the legal requirements that affect employers and unions.

26. Eliminating jobs for the purpose of improving efficiency and economic returns is referred to as: a. deindustrialization b. downsizing c. globalization d. trade liberalization Answer: b Difficulty: Moderate Skill: Concept LO 3.2 Outline the possible effects of economic variables on employer and union objectives and power 27. The economic environment affecting labour relations does not include which of the following? a. demand for an organization’s product or service b. fiscal policy c. globalization d. values and beliefs of the Canadian public e.

Answer: d Difficulty: Moderate Skill: Concept LO 3.2: Outline the possible effects of economic variables on employer and union objectives and power

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28. Real wages refers to: a. salary and wages remaining after deducting the expenses incurred to earn the wage, such as child care expenses b. salary and wages that have been adjusted for inflation c. total compensation including both wages and benefits d. salary and wages that have not been adjusted for inflation Answer: b Difficulty: Moderate Skill: Concept LO 3.2: Outline the possible effects of economic variables on employer and union objectives and power 29. Fiscal policy refers to or includes: a. levels of government spending and taxation b. changes in the interest rate to regulate the economy c. the imposition of wage and price controls d. attempts to stimulate the economy by reducing government spending Answer: a Difficulty: Moderate Skill: Concept LO 3.2: Outline the possible effects of economic variables on employer and union objectives and power 30. Labour market changes have included which of the following: a. decreases in part-time and temporary work b. a reduction in the number of females in the labour force c. an aging labour force d. a reduction in the number of workers of different religions, races, and abilities Answer: c Difficulty: Moderate Skill: Concept LO 3.4 Discuss how demographics may cause employers and unions to adjust their respective goals and strategies.

31. 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. Employment standards legislation Answer: a Difficulty: Moderate Copyright © 2024 Pearson Canada Inc. 22

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Skill: Concept LO 3.7: Outline the legal requirements that affect employers and unions.

32. The Charter of Rights and Freedoms is important to labour relations because it: a. protects collective bargaining from substantial interference by government b. prohibits secondary picketing c. protects the right to strike d. guarantees the right to form a union Answer: a Difficulty: Moderate Skill: Concept LO 3.7: Outline the legal requirements that affect employers and unions.

33. In the event that the collective agreement between an organization and the union is deemed to discriminate against an employee on a prohibited ground, what is the obligation of the union and management? a. the union has no duty to accommodate, and the company has the full liability for not accommodating the employee outside the union. b. both the company and the union have a duty to accommodate, and the provisions of the collective agreement must be waived. c. the union has the duty to accommodate and change the collective agreement d. no resolve can be made until the next collective agreement is bargained, when the agreement can be changed to comply with human rights legislation.

Answer: b Difficulty: Moderate Skill: Application of Knowledge LO 3.7: Outline the legal requirements that affect employers and unions.

40. If the good or service produced by a company has an inelastic demand then during bargaining a. the union may demand higher wages as the additional cost may not negatively impact the company. b. the union will not likely be able to demand higher wages as the costs cannot be transferred to the customer. c. it will not impact the unions’ ability to obtain higher wages in bargaining. d. the union will demand greater job security for its employees as demand for the good or service will fall. e. the company will resist any demands for wage increases, as any increase in the sale price will reduce demand.

Answer: a Difficulty: Moderate Skill: Application of Knowledge LO 3.2: Outline the possible effects of economic variables on employer and union objectives and power Copyright © 2024 Pearson Canada Inc. 23

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Essay Questions 1. Explain a systems framework for labour relations. Elaborate on the elements of the framework and how they are interrelated.

Elements of Dunlop’s IR Systems Model ACTORS OR PARTIES CONTEXT

WEB OF RULES

BINDING IDEOLOGY

Employers, unions representing employees and government and its agencies Forces that influenced the demands on, and interactions between, the actors. Examples here include technology (e.g., automation and its impact on the size of the labour force), the product and factor markets (e.g., the extent of the market held by the employer) and the power balance between the actors (e.g., the ability of unions to influence changes to labour legislation).

There were three sets of rules that applied to labour relations: rules determined by the employer (e.g., workplace policies), rules created within the negotiated collective agreement (e.g., work schedules) and rules created by government and its agencies (e.g., labour legislation and arbitration decisions).

In Canada and the United States, this ideology includes an agreed-to general acceptance by the actors of capitalism and of unions as legitimate representatives of employees.

2. Describe the environmental factors affecting labour relations.

Economic Environment—refers to the economy of the nation and the competitive position of an organization in a particular industry. For example, if there is an increase in inflation or new competitors in an industry, the union and the employer will be affected when considering pay rates for bargaining unit members.

Technological Environment—refers to developments in knowledge that lead to new products and services that could influence, for example, methods of production. Technological developments can also affect union and employer objectives in a number of areas, including job security, training and health and safety.

Social Environment—refers to the values and beliefs of Canadians relating to work, unions and employers. These values and beliefs may make communities more or less inclined to join or support unions. This is seen in variations in union density across provincial jurisdictions in Canada Political Environment—refers to the Canadian political system and the effect it has on labour Copyright © 2024 Pearson Canada Inc. 24

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relations. The political system directly affects the legislation that regulates unions and employers.

In November 2017, the Ontario government passed back-to-work legislation ending a five-week strike by community college faculty, librarians and counsellors. Public pressure on the Liberal government to end the strike, affecting some 500,000 students, contributed to this action.

Legal Environment—refers to all of the law that affects employees, unions and employers.

Unions and employers are heavily regulated by labour relations legislation, which governs matters such as how a union organizes employees and how employers are allowed to respond. Human rights legislation is playing an important role in the administration of collective agreements. For example, addiction to alcohol or drugs is a disability under human rights legislation, requiring employers to reasonably accommodate employees in such circumstances.

3. Briefly describe Privy Council Order 1003 Established the rights and obligations fundamental to labour relations in Canada: • • • • • • • •

The right to join a union A Labour Relations Board A certification process by way of an application to the Board The prohibition of unfair labour practices by unions and employers Compulsory bargaining when a union has been certified A compulsory conciliation procedure before a strike or lockout A provision that no strike or lockout can occur during the life of the collective agreement A provision that all collective agreements were deemed to contain an arbitration procedure for the resolution of disputes 4.

4. How did the Public Service Staff Relations Act impact government employees?

In 1965, providing federal employees for the first time with the right to organize. By the early 1970s, the provinces had enacted public-sector collective bargaining legislation, with some jurisdictions providing for arbitration instead of the right to strike. Collective bargaining rights for public-service employees indirectly led to the unionization of white-collar and professional employees in the private sector. Some private-sector professional employees, who had not previously organized, pursued unionization after they witnessed the gains made by public-sector employees. The granting of bargaining rights to public-sector employees had a major effect on total union membership and the composition of the labour movement. From 1964 to 1969, union membership almost doubled, climbing from 1.5 million to almost 3 million members.

5. Explain the implications of the Charter for labour relations.

With the passage in 1982 of the Constitution Act and its Charter of Rights and Freedoms, un-ons soon tried to use the Charter to challenge laws, policies and government actions related to labour relations. There has also been a trend by both the federal and some provincial governments to use back-to-work legislation in the early decades of the 21st century. The declining tolerance of Copyright © 2024 Pearson Canada Inc. 25

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citizens, inconvenienced by public-sector union work stoppages, has fueled such considerations.

A 2008 public transit strike later caused the City of Toronto to ask the Ontario legislature in 2011 to declare the Toronto public transit system an essential service. The new law removed the Amalgamated Transit Union’s right to strike. In 2015, the Supreme Court of Canada struck down the Saskatchewan government’s removal of public-service employees’ right to strike. An example of how this 2015 decision has influenced collective bargaining was seen a year later when the Alberta government passed the Essential Services Act, which gave employees the right to strike as long as employers and unions agreed on some form of contingency plan.

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Chapter 4 Employers: Objectives, Processes, and Strategy

Chapter 4

Organizational Strategy True/False 1. The primary objectives of employers are to maximize profitability and maintain control over the workplace.

Answer: True Difficulty: Easy Skill: Concept LO 4.1 Explain organizational strategy and the processes or methods used to achieve those objectives.

2. Productivity may be defined as the ratio of an organization’s outputs by its inputs.

Answer: True Difficulty: Easy Skill: Concept LO 4.1 Explain organizational strategy and the processes or methods used to achieve those objectives.

3. Unions, through labour federations and congresses, work to influence provincial, territorial, and federal legislators through various political activities such as presentations to legislative committees and public protests.

Answer: True Difficulty: Easy Skill: Concept LO 4.2 Outline labour relations strategies.

4. Employers also seek support from politicians and engage in lobbying efforts, sometimes through their business associations, to influence public policy, legislation and restrictive regulations.

Answer: True Difficulty: Easy Skill: Concept LO 4.1 Explain organizational strategy and the processes or methods used to achieve those objectives.

5. Labour relations strategy refers to how an organization competes in the marketplace.

Answer: False Difficulty: Easy Copyright © 2024 Pearson Canada Inc. 22

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Skill: Concept LO 4.3 Identify factors affecting an employer’s labour relations strategy.

6. A union may agree to participate in an employee involvement program and this agreement is always separate from and outside of the collective agreement.

Answer: False Difficulty: Easy Skill: Concept LO 4.2 Outline labour relations strategies.

7. Labour relations strategy is how an employer manages the unionization of its employees.

Answer: True Difficulty: Easy Skill: Concept LO 4.3 Identify factors affecting an employer’s labour relations strategy.

8. An employer’s experience with unionization influences the employer’s labour relations strategy.

Answer: True Difficulty: Easy Skill: Concept LO 4.3 Identify factors affecting an employer’s labour relations strategy.

9. An organization that competes in a sector that is heavily unionized may be more likely to oppose unionization than an organization whose competitors are all non-union.

Answer: False Difficulty: Easy Skill: Concept LO 4.3 Identify factors affecting an employer’s labour relations strategy.

10. The legal environment does not affect an employer’s ability to oppose unionization.

Answer: False Difficulty: Easy Skill: Concept LO 4.3 Identify factors affecting an employer’s labour relations strategy.

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Chapter 4 Employers: Objectives, Processes, and Strategy

11. Employers in Canada have less opportunity to oppose unions than employers in the United States because almost Canadian jurisdictions have mandatory dues deductions Answer: True Difficulty: Easy Skill: Concept LO 4.3 Identify factors affecting an employer’s labour relations strategy.

12. The premise of a union avoidance strategy is that employees will not turn to a union if they are treated fairly.

Answer: True Difficulty: Easy Skill: Concept LO 4.3 Identify factors affecting an employer’s labour relations strategy.

13. A union avoidance strategy involves an employer adopting both legal and illegal means to oppose unionization.

Answer: False Difficulty: Easy Skill: Concept LO 4.3 Identify factors affecting an employer’s labour relations strategy.

14. A union acceptance strategy refers to an employer voluntarily recognizing the union.

Answer: False Difficulty: Easy Skill: Concept LO 4.3 Identify factors affecting an employer’s labour relations strategy.

15. A union resistance strategy involves the employer providing employee representation mechanisms, such as complaint procedures, to non-union employees.

Answer: True Difficulty: Easy Skill: Concept LO 4.3 Identify factors affecting an employer’s labour relations strategy.

16. Most Canadian organizations adopt a strategy of union removal.

Answer: False Difficulty: Easy Skill: Concept Copyright © 2024 Pearson Canada Inc. 24

Labour Relations, Sixth Edition

Chapter 4 Employers: Objectives, Processes, and Strategy

LO 4.3 Identify factors affecting an employer’s labour relations strategy.

17. Wal-Mart is an organization that illustrates union opposition and removal strategies.

Answer: True Difficulty: Easy Skill: Concept LO 4.3 Identify factors affecting an employer’s labour relations strategy.

18. Employers who adopt a high commitment human resource management strategy will develop and rely on the skills of the workforce.

Answer: True Difficulty: Easy Skill: Concept LO 4.4 Describe the features of human resources management strategies, and explain their implications for labour relations.

19. High-performance organizations emphasize reducing costs by lowering compensation.

Answer: False Difficulty: Easy Skill: Concept LO 4.4 Describe the features of human resources management strategies, and explain their implications for labour relations.

20. High-performance organizations maximize status differences between individuals in order to motivate employees.

Answer: False Difficulty: Easy Skill: Concept LO 4.4 Describe the features of human resources management strategies, and explain their implications for labour relations.

21. Most Canadian organizations have widely adopted high-performance policies and practices.

Answer: False Difficulty: Easy Skill: Concept LO 4.4 Describe the features of human resources management strategies, and explain their implications for labour relations.

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Chapter 4 Employers: Objectives, Processes, and Strategy

22. Union leaders sometimes oppose employee involvement programs because they fear that employees will be required to work harder for the same compensation.

Answer: True Difficulty: Easy Skill: Concept LO 4.4 Describe the features of human resources management strategies, and explain their implications for labour relations.

23. High-performance practices such as variable pay are welcomed by unions.

Answer: False Difficulty: Easy Skill: Concept LO 4.4 Describe the features of human resources management strategies, and explain their implications for labour relations.

24. Younger employees make union opposition easier for the employer.

Answer: True Difficulty: Easy Skill: Concept LO 4.2 Outline labour relations strategies.

25. A union opposition strategy could involve matching the pay rates of unionized organizations.

Answer: False Difficulty: Easy Skill: Concept LO 4.2 Outline labour relations strategies.

26. It is recognized that banks and fast-food franchises have used a union acceptance strategy.

Answer: False Difficulty: Easy Skill: Concept LO 4.2 Outline labour relations strategies.

27. The predominant approach of employers in Canada is a union avoidance strategy.

Answer: False Difficulty: Easy Skill: Concept LO 4.2 Outline labour relations strategies.

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Labour Relations, Sixth Edition

Chapter 4 Employers: Objectives, Processes, and Strategy

28. A low commitment human resource management strategy involves using traditional production methods with less emphasis on technological innovation.

Answer: True Difficulty: Easy Skill: Concept LO 4.4 Describe the features of human resources management strategies, and explain their implications for labour relations.

29. High-performance work systems are part of a low commitment human resource management strategy.

Answer: False Difficulty: Easy Skill: Concept LO 4.4 Describe the features of human resources management strategies, and explain their implications for labour relations.

30. Employee involvement programs could allow employees to obtain skills which they will make use of away from the workplace.

Answer: True Difficulty: Easy Skill: Concept LO 4.2 Outline labour relations strategies.

31. Unions cannot encourage employees to boycott an employee involvement program if the result is a reduction in output.

Answer: True Difficulty: Easy Skill: Concept LO 4.2 Outline labour relations strategies.

32. Research has confirmed that employee involvement programs lead to increases in productivity.

Answer: False Difficulty: Easy Skill: Concept LO 4.2 Outline labour relations strategies.

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Chapter 4 Employers: Objectives, Processes, and Strategy

33. Employee involvement programs pose a dilemma for union leaders.

Answer: True Difficulty: Easy Skill: Concept LO 4.2 Outline labour relations strategies.

34. The following are possible barriers to an employee involvement program: the parties’ relationship, attitudes of union leaders, and reduced job satisfaction.

Answer: False Difficulty: Easy Skill: Concept LO 4.2 Outline labour relations strategies.

Multiple Choice 1. Which of the following are employer objectives? a. contract negotiation b. collaboration with the union c. unilateral action d. efficiency Answer: d Difficulty: Moderate Skill: Application of Knowledge LO 4.1 Explain organizational strategy and the processes or methods used to achieve those objectives 2. Which of the following are methods used by employers to meet their objectives: a. efficiency b. grievances and arbitration c. control d. social activity Answer: b Difficulty: Moderate Skill: Application of Knowledge LO 4.1 Explain organizational strategy and the processes or methods used to achieve those objectives

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Chapter 4 Employers: Objectives, Processes, and Strategy

3. Which of the following are measures that an employer could pursue to increased efficiency: a. Utilizing same technology b. outsourcing c. increasing cost of productivity d. decreasing cost of labour Answer: b Difficulty: Moderate Skill: Application of Knowledge LO 4.1 Explain organizational strategy and the processes or methods used to achieve those objectives.

4. Productivity from a human resources management perspective may be expressed as a function of three variables: a. ability, motivation and environment b. ability, compensation and environment c. ability, motivation and legislation d. resources, motivation and environment Answer: a Difficulty: Moderate Skill: Application of Knowledge LO 4.1 Explain organizational strategy and the processes or methods used to achieve those objectives.

5. Which of the following forms of employee involvement provides for the largest amount of authority being delegated to employees: a. problem solving groups b. employee-management committees c. co-determination d. self-directed work teams Answer: c Difficulty: Moderate Skill: Application of Knowledge LO 4.1 Explain organizational strategy and the processes or methods used to achieve those objectives.

6. Labour relations strategy: a. relates to how the organization competes in the marketplace b. relates to how the employer deals with unionization c. is not related to environmental factors d. relates to a low commitment approach to human resource management Copyright © 2024 Pearson Canada Inc. 29

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Chapter 4 Employers: Objectives, Processes, and Strategy

Answer: b Difficulty: Moderate Skill: Application of Knowledge LO 4.3 Identify factors affecting an employer’s labour relations strategy.

7. Which of the following factors affect an organization’s labour relations strategy: a. inexperience with unionization b. nature of the marketplace c. power of the union d. power of the employees Answer: c Difficulty: Moderate Skill: Application of Knowledge LO 4.3 Identify factors affecting an employer’s labour relations strategy.

8. Which of the following is a factor affecting an employer’s labour relations strategy: a. the values of individual employees b. the methodology of the union representing employees c. labour relations legislation regulating employer conduct d. competitor’s focus on their employees’ philosophy Answer: c Difficulty: Moderate Skill: Application of Knowledge LO 4.3 Identify factors affecting an employer’s labour relations strategy.

9. Which of the following make it more difficult for employers in Canada to oppose unionization: a. the delay between a union application for bargaining rights and a representation vote b. first contract arbitration c. right to work legislation d. granting bargaining rights on the basis of a representation vote instead of membership cards Answer: b Difficulty: Moderate Skill: Application of Knowledge LO 4.3 Identify factors affecting an employer’s labour relations strategy.

10. Job design is a strategy to enhance: a. employee satisfaction through technological and human considerations b. organizational efficiency through technological and human considerations Copyright © 2024 Pearson Canada Inc. 30

Labour Relations, Sixth Edition

Chapter 4 Employers: Objectives, Processes, and Strategy

c. organizational efficiency and employee satisfaction, through compensation and human considerations d. organizational efficiency and employee satisfaction, through technological and human considerations Answer: d Difficulty: Moderate Skill: Application of Knowledge LO 4.3 Identify factors affecting an employer’s labour relations strategy.

11. The high commitment HR strategy involves: a. seeking a competitive advantage by pursuing product and service differentiation via physical capital b. seeking a competitive advantage by pursuing product and service differentiation via market capital c. seeking a competitive advantage by pursuing product and service differentiation via human capital d. seeking a competitive advantage by pursuing product and service differentiation via financial capital Answer: c Difficulty: Moderate Skill: Application of Knowledge LO 4.4 Describe the features of human resources management strategies, and explain their implications for labour relations.

12. Which of the following statements correctly describes the majority of Canadian employers? a.

They have developed policies to transform the workplace. b. When a union has gained bargaining rights, they adopt a strategy of union acceptance. c.

When a union has gained bargaining rights, they adopt a strategy of union removal. d. They have adopted a strategy of union opposition.

Answer: b Difficulty: Moderate Skill: Application of Knowledge LO 4.3 Identify factors affecting an employer’s labour relations strategy.

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Chapter 4 Employers: Objectives, Processes, and Strategy

10. Union resistance is a labour relations strategy that involves an employer attempting which of the following: a. have certified unions removed from the workplace b. prevent unionization through both legal and illegal means c. convince employees they need a union d. limit the spread of unionization further in the organization Answer: d Difficulty: Moderate Skill: Application of Knowledge LO 4.3 Identify factors affecting an employer’s labour relations strategy.

11. Which of the following companies are the most likely to pursue a union opposition strategy: a. Organization A, which has adopted a differentiation approach in the marketplace b. Organization B, which primarily uses young part-time employees c. Organization C, which competes in an industry in which most employers are unionized d. Organization D, which has managers who are indifferent on the matter of unionization Answer: b Difficulty: Moderate Skill: Application of Knowledge LO 4.3 Identify factors affecting an employer’s labour relations strategy.

12. A low commitment approach to human resource management emphasizes or includes: a. increasing labour skills b. technological innovation c. reducing labour costs d. higher compensation levels e.

Answer: c Difficulty: Moderate Skill: Application of Knowledge LO 4.4 Describe the features of human resources management strategies, and explain their implications for labour relations.

13. A high commitment approach to human resource management emphasizes or includes: a. improved technology b. compensation freezes c. minimizing training d. decreasing labour costs Answer: a Difficulty: Moderate Skill: Application of Knowledge Copyright © 2024 Pearson Canada Inc. 32

Labour Relations, Sixth Edition

Chapter 4 Employers: Objectives, Processes, and Strategy

LO 4.4 Describe the features of human resources management strategies, and explain their implications for labour relations.

14. A high commitment approach to human resource management has been associated with: a. a cost leadership business strategy b. union resistance c. union acceptance d. a differentiation business strategy Answer: d Difficulty: Moderate Skill: Application of Knowledge LO 4.4 Describe the features of human resources management strategies, and explain their implications for labour relations.

15. A high-performance work system includes: a. job simplification b. increases in training and development c. centralized decision-making d. reducing job security e.

Answer: b Difficulty: Moderate Skill: Application of Knowledge LO 4.4 Describe the features of human resources management strategies, and explain their implications for labour relations.

16. Which of the following correctly describes the level of adoption of high-performance work systems by Canadian employers: a. adopted in the service sector b. rejected c. adopted by Canadian subsidiaries only d. partially adopted Answer: d Difficulty: Moderate Skill: Application of Knowledge LO 4.4 Describe the features of human resources management strategies, and explain their implications for labour relations.

17. Research has established that high-performance work systems have: a. improved results for all firms b. improved results for some firms Copyright © 2024 Pearson Canada Inc. 33

Labour Relations, Sixth Edition

c. d.

Chapter 4 Employers: Objectives, Processes, and Strategy

failed to improve results for any firms improved union management relations

Answer: b Difficulty: Moderate Skill: Application of Knowledge LO 4.4 Describe the features of human resources management strategies, and explain their implications for labour relations.

18. Which of the following is correct regarding high performance work systems (HPWS)? a. They have been widely adopted in Canada b. It is universally accepted that HPWS have improved employee’s work lives c. Unions accept all of the features of HPWS d. Some features of HPWS will be opposed by unions.

Answer: d Difficulty: Moderate Skill: Application of Knowledge LO 4.4 Describe the features of human resources management strategies, and explain their implications for labour relations.

19. Employee involvement: a. could be provided for in the collective agreement b. could not be provided for outside of the collective agreement c. has been established to always increase productivity d. a, b, and c Answer: a Difficulty: Moderate Skill: Application of Knowledge LO 4.2 Outline alternative labour relations strategies.

20. An employer has undertaken an employee involvement program without the participation of the union. The employer is seeking ways to redesign compensation so that it is more effective. Which of the following is correct: a. The program is permissible. b. The program is permissible provided that a majority of the employees approve. c. The program is permissible provided that it complies with the management rights article in the collective agreement. d. The program violates the bargaining rights of the union.

Answer: d Difficulty: Moderate Skill: Application of Knowledge Copyright © 2024 Pearson Canada Inc. 34

Labour Relations, Sixth Edition

Chapter 4 Employers: Objectives, Processes, and Strategy

LO 4.2 Outline alternative labour relations strategies.

21. An employer plans on introducing an employee involvement program outside of the collective agreement. Which of the following is correct: a. The employer must obtain the union’s consent to any employee involvement program. b. Research has confirmed that all employee involvement programs increase productivity. c. Unions universally welcome employee involvement programs. d. Union participation may not be required; however, it is recommended by many observers.

Answer: d Difficulty: Moderate Skill: Application of Knowledge LO 4.2 Outline alternative labour relations strategies.

22. Employee involvement programs: a. have universally increased productivity b. are difficult to establish, but easy to maintain c. have lead to small increases in employee satisfaction d. a, b, and c Answer: c Difficulty: Moderate Skill: Application of Knowledge LO 4.2 Outline alternative labour relations strategies.

23. Which of the following is not a barrier to increasing employee involvement: a. an adversarial relationship between the parties b. labour relations legislation c. the inability of employees to be involved and remain loyal to the union attitudes and beliefs of unions and employers d. attitudes and beliefs of unions and employers Answer: c Difficulty: Moderate Skill: Application of Knowledge LO 4.2 Outline alternative labour relations strategies.

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Chapter 4 Employers: Objectives, Processes, and Strategy

Essay Questions 1. Identify the different objectives of private and public sector employers.

In the private sector, the conventional wisdom is that management has two core objectives: the maximization of profit and maintaining control over the business. In the public and non-profit sectors, employers seek to balance operating budgets, comply with government policy initiatives and meet demands for public services at reasonable costs.

2. Identify the meaning of abour relations strategy An organization’s labour relations strategy refers to how the employer chooses to manage the unionization of its employees. There are several possible strategies employers can adopt, ranging from acceptance to extreme opposition.

3. One strategy or approach to unions that an employer could adopt has been referred to as union substitution / avoidance. Describe the objective of the strategy and outline how the employer could implement the strategy.

Union avoidance or substitution is a strategy used to prevent unionization, where the employer uses legal means to convince employees they do not need a union. For example, Home Depot invested considerably to produce videos to influence employees not to form a union 4. Explain a high commitment approach to human resource management.

The high commitment HR strategy involves seeking a competitive advantage by pursuing product and service differentiation via human capital instead of competing on the basis of price, using labour with more skills and perhaps providing higher compensation, adopting better technology and production systems and investing more in training. As part of this approach, employers might move toward a high-performance work system 5. Outline the policies and practices associated with high-performance organizations and describe the implications for the union-management relationship.

1.

High standards in recruiting and selection

2. Job redesign 3. Comparatively high compensation contingent on organizational performance 4. Employment security Copyright © 2024 Pearson Canada Inc. 36

Labour Relations, Sixth Edition

Chapter 4 Employers: Objectives, Processes, and Strategy

5. Sharing of financial and performance information with employees 6. Minimum status differences 7. Employee involvement 8. Dispute resolution systems 9. Training and skill development 10. Performance expectations emphasizing continuous quality improvement

6. Explain the barriers to employee involvement in a unionized workplace and elaborate on how these barriers could be overcome.

Unionized employers seeking to adopt features of HPWS will likely encounter union resistance to some components of an HPWS. To improve product quality and productivity, firms must pursue technological innovation. Unions will seek protection in collective agreements from technological change leading to job losses. Employers may seek contingent, or variable pay plans for the purposes of increasing productivity that might include gain-sharing and profit sharing. Where the employer seeks to implement changes such as variable pay that are different from established collective agreement terms, the likelihood of union resistance appears to be high. Although employers may be able to implement some changes without the consent of the union where the changes are not prohibited by the collective agreement, the effectiveness of this approach is questionable.

There is evidence that union participation and support of innovation programs can improve the chances of their success. In the United States, increased employee involvement has been part of employer attempts to avoid unionization. Canadian unions fear employee involvement as an employer tactic used to influence employees and weaken the union. Employers who wish to increase employee and union involvement will have to address these concerns.

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Labour Relations, Sixth Edition

Chapter 5 Government and Labour Relations Boards

Chapter 5 Governments and Labour Relations Boards True/False 1. Governments become involved in labour relations in order to regulate outcomes and processes.

Answer: True Difficulty: Easy Skill: Concept LO 5.1 Explain the objectives of governments and the processes used to achieve those objectives.

2. Government processes or methods that affect labour relations include contract negotiation and protection of the public interest.

Answer: False Difficulty: Easy Skill: Concept LO 5.1 Explain the objectives of governments and the processes used to achieve those objectives.

3. Governments use legal action to achieve their objectives.

Answer: True Difficulty: Easy Skill: Concept LO 5.1 Explain the objectives of governments and the processes used to achieve those objectives.

4. Labour relations legislation provides rules regarding a union obtaining the right to represent employees, and regulates the rights of employers during a union organizing campaign.

Answer: True Difficulty: Easy Skill: Concept LO 5.1 Explain the objectives of governments and the processes used to achieve those objectives.

5. Employment standards legislation provides rules regarding a union obtaining the right to represent employees, and regulates the rights of employers during a union organizing campaign.

Answer: False Difficulty: Easy Copyright © 2024 Pearson Canada Inc. 51

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Chapter 5 Government and Labour Relations Boards

Skill: Concept LO 5.1 Explain the objectives of governments and the processes used to achieve those objectives.

6. Employment standards legislation guarantees fair and generally acceptable terms of employment.

Answer: False Difficulty: Easy Skill: Concept LO 5.1 Explain the objectives of governments and the processes used to achieve those objectives.

7. Governments provide mandatory services that unions and employers must use to improve their relationship.

Answer: False Difficulty: Easy Skill: Concept LO 5.1 Explain the objectives of governments and the processes used to achieve those objectives.

8. The public sector includes over 300,000 of Canadian employees.

Answer: False Difficulty: Easy Skill: Concept LO 5.1 Explain the objectives of governments and the processes used to achieve those objectives.

8. Governments become involved in labour relations to protect the public interest.

Answer: True Difficulty: Easy Skill: Concept LO 5.1 Explain the objectives of governments and the processes used to achieve those objectives.

9. Some legislation enacted by governments may be the result of efforts to maintain the support of the business community.

Answer: True Difficulty: Easy Skill: Concept LO 5.1 Explain the objectives of governments and the processes used to achieve those objectives.

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Chapter 5 Government and Labour Relations Boards

10. Labour relations board members are chosen by unions and employers.

Answer: False Difficulty: Easy Skill: Concept LO 5.2 Explain the composition, roles and importance of labour relations boards.

11. Labour relations boards are responsible for assisting locals with contract negotiation.

Answer: False Difficulty: Easy Skill: Concept LO 5.2 Explain the composition, roles and importance of labour relations boards.

12. Labour relations boards process union applications to represent employee.

Answer: True Difficulty: Easy Skill: Concept LO 5.2 Explain the composition, roles and importance of labour relations boards.

13. Labour relations boards are a part of the federal government.

Answer: False Difficulty: Easy Skill: Concept LO 5.2 Explain the composition, roles and importance of labour relations boards.

14. Many labour relations board decisions are subject to judicial review.

Answer: False Difficulty: Easy Skill: Concept LO 5.2 Explain the composition, roles and importance of labour relations boards.

15. The responsibilities of labour relations boards vary among provinces and territories.

Answer: True Difficulty: Easy Skill: Concept LO 5.2 Explain the composition, roles and importance of labour relations boards.

16. Arbitrators resolve disputes between unions and employers by hearing evidence and rendering a final and binding decision.

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Chapter 5 Government and Labour Relations Boards

Answer: True Difficulty: Easy Skill: Concept LO 5.2 Explain the composition, roles and importance of labour relations boards.

17. The decisions of arbitrators are reviewed by the ministry responsible for labour relations issues in each jurisdiction.

Answer: False Difficulty: Easy Skill: Concept LO 5.2 Explain the composition, roles and importance of labour relations boards.

18. Arbitrators process applications to terminate a union’s bargaining rights.

Answer: False Difficulty: Easy Skill: Concept LO 5.2 Explain the composition, roles and importance of labour relations boards.

19. Many collective agreements now allow for a human rights complaint to be resolved through a grievance procedure.

Answer: True Difficulty: Easy Skill: Concept LO 5.2 Explain the composition, roles and importance of labour relations boards.

20. Governments will not assist an organization or industry in an effort to protect jobs or the economy.

Answer: False Difficulty: Easy Skill: Concept LO 5.1 Explain the objectives of governments and the processes used to achieve those objectives.

21. Most governments agree that lower minimum wage laws protect jobs.

Answer: False Difficulty: Easy Skill: Concept LO 5.1 Explain the objectives of governments and the processes used to achieve those objectives.

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Chapter 5 Government and Labour Relations Boards

22. All employees are protected by employment standards legislation.

Answer: False Difficulty: Easy Skill: Concept LO 5.1 Explain the objectives of governments and the processes used to achieve those objectives.

Multiple Choice 1. The government's role in labour relations has been described as a: a. regulator b. observer c. watchdog d. judicial Answer: a Difficulty: Moderate Skill: Concept LO 5.1 Explain the objectives of governments and the processes used to achieve those objectives.

2. Which of the following is a method used by government to achieve its objectives: a. back-to-strike legislation b. inflationary pressure c. non-monetary policy d. employment standards legislation Answer: d Difficulty: Moderate Skill: Concept LO 5.1 Explain the objectives of governments and the processes used to achieve those objectives.

3. Human rights legislation protects employees from: a. harmful effects of strikes and lockouts b. industrial diseases c. discrimination and harassment d. the jurisdictions harassment Answer: c Difficulty: Moderate Skill: Concept LO 5.1 Explain the objectives of governments and the processes used to achieve those objectives.

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Chapter 5 Government and Labour Relations Boards

4. Labour relations legislation regulates: a. processes b. outcomes c. the economy d. industry Answer: a Difficulty: Moderate Skill: Concept LO 5.1 Explain the objectives of governments and the processes used to achieve those objectives.

5. Which of the following is correct regarding government regulation of labour relations processes: a. The primary method governments use is employment standards legislation b. Governments only regulate union organizing c. Governments regulate contract negotiation by imposing a duty to bargain in good faith d. Labour relations legislation requires disputes relating to union organizing to be referred to arbitration Answer: c Difficulty: Moderate Skill: Concept LO 5.1 Explain the objectives of governments and the processes used to achieve those objectives.

6. Governments provide assistance to unions and employers by: a. paying the cost of arbitration b. providing employee compensation c. providing conciliation and mediation services d. funding labour federations Answer: c Difficulty: Moderate Skill: Concept LO 5.1 Explain the objectives of governments and the processes used to achieve those objectives.

7. 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 Copyright © 2024 Pearson Canada Inc. 56

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Chapter 5 Government and Labour Relations Boards

d. Employees are entitled to the leave when the legislation is enacted Answer: d Difficulty: Moderate Skill: Concept LO 5.1 Explain the objectives of governments and the processes used to achieve those objectives.

8. Which of the following is correct with regard to employment standards legislation: a. All employees are covered by the legislation b. There are problems with the enforcement of the legislation c. Standards are set at high levels that employers cannot afford d. It only protects provincially or territorially regulated employees Answer: b Difficulty: Moderate Skill: Concept LO 5.1 Explain the objectives of governments and the processes used to achieve those objectives.

9. Labour relations board members are: a. appointed by unions and employers b. elected by unions and employers c. appointed by government d. all neutral Answer: c Difficulty: Moderate Skill: Concept LO 5.2 Explain the composition, roles and importance of labour relations boards.

10. Labour relations boards have responsibility for which of the following: a. dealing with wrongful dismissal suits brought by terminated employees b. dealing with employment standards complaints filed by employees c. dealing with applications for certification d. dealing with terminated unionized employees Answer: c Difficulty: Moderate Skill: Concept LO 5.2 Explain the composition, roles and importance of labour relations boards.

11. A union has been attempting to organize employees at Kombucha Co. The employer has terminated the company employee who is leading the organizing campaign. To obtain a remedy the union will file an application with: a. the labour relations board b. an arbitrator Copyright © 2024 Pearson Canada Inc. 57

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Chapter 5 Government and Labour Relations Boards

c. the court system d. the Canadian Labour Congress Answer: a Difficulty: Moderate Skill: Concept LO 5.2 Explain the composition, roles and importance of labour relations boards.

12. When an application is made to a labour relations board: a. a settlement officer attempts to resolve the dispute b. a hearing is mandatory c. the board has limited remedial authority d. a hearing always involves a three-person panel of the board Answer: a Difficulty: Moderate Skill: Concept LO 5.2 Explain the composition, roles and importance of labour relations boards.

13. Governments are stakeholders s in the labour relations system because they: a. regulate labour relations processes and outcomes b. regulate employment standards c. protect the employees’ interest d. protect the consumers’ interest Answer: a Difficulty: Moderate Skill: Concept LO 5.2 Explain the composition, roles and importance of labour relations boards.

14. Which of the following is correct: a. There is no way to legally challenge or review an arbitrator’s decision b. Generally, unions and employers accept an arbitrator’s recommendations c. Arbitration is a way to resolve disputes between unions and employers without a work stoppage d. A formal hearing is not required before an arbitrator renders a decision Answer: c Difficulty: Moderate Skill: Concept LO 5.2 Explain the composition, roles and importance of labour relations boards.

15. When it is the best interest of the public governments will: a. Enact legislation that limits the ability for strikes or lockouts b. Provide unions and employers assistance in the form of conciliation c. Enact return to work legislation d. Enact legislation that limits the ability for employee pay increases Copyright © 2024 Pearson Canada Inc. 58

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Chapter 5 Government and Labour Relations Boards

e. c Answer: c Difficulty: Moderate Skill: Concept LO 5.1 Explain the objectives of governments and the processes used to achieve those objectives.

16. Collective agreements typically include language requiring: a. Both employees and management representatives to act in a manner that is consistent with human rights legislation b. Both union and board of directors representatives to act in a manner that is consistent with human rights legislation c. Management representatives to act in a manner that is consistent with human rights legislation d. Both union and management representatives to act in a manner that is consistent with human rights legislation Answer: d Difficulty: Moderate Skill: Concept LO 5.1 Explain the objectives of governments and the processes used to achieve those objectives.

17. A rights arbitration refers to: a. When a union and an employer have a dispute about the interpretation, application or administration of an existing collective agreement b. When a union and an employer have a dispute about the interpretation, application or administration of a former collective agreement c. When an employee and an employer have a dispute about the interpretation, application or administration of an existing collective agreement d. When an employer and a labour board have a dispute about the interpretation, application or administration of an existing collective agreement, it is referred to Answer: a Difficulty: Moderate Skill: Concept LO 5.2 Explain the composition, roles and importance of labour relations boards.

18. Interest arbitration is seen more commonly in the a. Public sector b. Private sector c. Provincial government d. Territorial government Copyright © 2024 Pearson Canada Inc. 59

Labour Relations, Sixth Edition

Chapter 5 Government and Labour Relations Boards

Answer: a Difficulty: Moderate Skill: Concept LO 5.2 Explain the composition, roles and importance of labour relations boards.

19. Labour boards play a central role in the labour relations system as they have: a. The authority to grant hearing rights to unions b. Terminate employees c. When it is alleged that an employer or a union has violated labour relations legislation, a complaint is filed with the appropriate Board d. When it is alleged that an employee has violated labour relations legislation, a complaint is filed with the appropriate Board Answer: c Difficulty: Moderate Skill: Concept LO 5.2 Explain the composition, roles and importance of labour relations boards.

20. A key process in labour relations include: a. Union organizing b. Training employees c. Managing employees d. Terminating employees Answer: d Difficulty: Moderate Skill: Concept LO 5.1 Explain the objectives of governments and the processes used to achieve those objectives.

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Chapter 5 Government and Labour Relations Boards

Essay Questions 1. Identify three objectives of governments relating to labour relations and describe three methods that could be used to achieve those objectives.

Objectives 1. Regulation of labour relations processes

2.

3.

4.

5.

6.

7.

8.

Processes or Methods 1. Legislation relating to labour relations, employment standards, human rights, health and safety, pay equity and employment equity Regulation of labour relations outcomes 2. Specific dispute resolution (back-towork) legislation Protection of the public interest 3. Contract negotiation Regulation of the economy: employment 4. Grievances and arbitration and inflation Aid to particular industries 5. Public relations initiatives Regulation of the results of a market 6. Provide assistance and information to economy: monitoring equitable employers and unions regarding labour opportunity, rewards, and minimum relations issues employment conditions Government employers: efficiency and 7. Monetary and fiscal policy control Maintenance of political office 8. Ownership of some enterprises 9. Legal action

2. Explain four reasons why governments become involved in labour relations.

The key processes in labour relations are union organizing, contract negotiation and the administration of collective agreements that require government regulation.

3. The government is a stakeholder in labour relations. Describe four ways that the government could affect the labour relations system.

Governments could affect the labour relations system by requiring a strike to be approved by an employee vote, a strike notice is required in some jurisdiction, pass back-to-work legislation to end a particular strike, employment standards legislation sets out maximum or minimum terms and conditions of employment such as hours of work, wage rates, vacation entitlement and parental and other forms of leave.

4. Labour relations boards are important stakeholders in the labour relations system. Explain three functions of a labour relations board.

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is alleged that an employer or a union has violated labour relations legislation, a complaint is filed with the appropriate Board.

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Chapter 6 Union Organizing, Drive and Certification True/False 1. Dissatisfaction with pay is the main reason employees join a union.

Answer: False Difficulty: Easy Skill: Concept LO 6.1 Explain reasons why employees may or may not want to join a union.

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

Answer: True Difficulty: Easy Skill: Concept LO 6.1 Explain reasons why employees may or may not want to join a union.

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

Answer: True Difficulty: Easy Skill: Concept LO 6.1 Explain reasons why employees may or may not want to join a union.

4. The organizing campaign refers to the union's application for certification to the labour relations board.

Answer: False Difficulty: Easy Skill: Concept LO 6.3 Outline the steps in a union organizing campaign and application for certification.

5. All union organizers are paid union staff members.

Answer: False Difficulty: Easy Skill: Concept LO 6.3 Outline the steps in a union organizing campaign and application for certification.

6. In order to obtain bargaining rights a union must apply to the labour relations board and Copyright © 2023 Pearson Canada Inc. 59

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obtain a certificate granting bargaining rights.

Answer: False Difficulty: Easy Skill: Concept LO 6.2 Outline how a union could obtain bargaining rights.

7. 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 Difficulty: Easy Skill: Concept LO 6.2 Outline how a union could obtain bargaining rights.

8. All employee associations can apply to be certified by the labour relations board.

Answer: False Difficulty: Easy Skill: Concept LO 6.3 Outline the steps in a union organizing campaign and application for certification.

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

Answer: True Difficulty: Easy Skill: Concept LO 6.2 Outline how a union could obtain bargaining rights.

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

Answer: True Difficulty: Easy Skill: Concept LO 6.3 Outline the steps in a union organizing campaign and application for certification.

11. 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 Difficulty: Easy Skill: Concept LO 6.4 Outline the factors determining and the significance of the bargaining unit.

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12. A union can represent all employees within an organization.

Answer: False Difficulty: Easy Skill: Concept LO 6.4 Outline the factors determining and the significance of the bargaining unit.

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

Answer: False Difficulty: Easy Skill: Concept LO 6.4 Outline the factors determining and the significance of the bargaining unit.

14. 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 Difficulty: Easy Skill: Concept LO 6.4 Outline the factors determining and the significance of the bargaining unit.

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

Answer: True Difficulty: Easy Skill: Concept LO 6.4 Outline the factors determining and the significance of the bargaining unit.

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

Answer: True Difficulty: Easy Skill: Concept LO 6.3 Outline the steps in a union organizing campaign and application for certification.

17. 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 Difficulty: Easy Skill: Concept Copyright © 2023 Pearson Canada Inc. 61

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LO 6.3 Outline the steps in a union organizing campaign and application for certification.

18. 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 Difficulty: Easy Skill: Concept LO 6.3 Outline the steps in a union organizing campaign and application for certification.

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

Answer: False Difficulty: Easy Skill: Concept LO 6.3 Outline the steps in a union organizing campaign and application for certification.

20. The appropriate bargaining unit is a flexible concept - there may be more than one appropriate bargaining unit.

Answer: True Difficulty: Easy Skill: Concept LO 6.4 Outline the factors determining and the significance of the bargaining unit.

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

Answer: True Difficulty: Easy Skill: Concept LO 6.3 Outline the steps in a union organizing campaign and application for certification.

22. 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 Difficulty: Easy Skill: Concept LO 6.3 Outline the steps in a union organizing campaign and application for certification.

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

Answer: False Difficulty: Easy Skill: Concept LO 6.3 Outline the steps in a union organizing campaign and application for certification.

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

Answer: True Difficulty: Easy Skill: Concept LO 6.3 Outline the steps in a union organizing campaign and application for certification.

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

Answer: True Difficulty: Easy Skill: Concept LO 6.3 Outline the steps in a union organizing campaign and application for certification.

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

Answer: True Difficulty: Easy Skill: Concept LO 6.5 Outline the process to deal with unfair labour practices at certification and the remedies available.

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

Answer: False Difficulty: Easy Skill: Concept LO 6.5 Outline the process to deal with unfair labour practices at certification and the remedies available.

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28. 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 Difficulty: Easy Skill: Concept LO 6.5 Outline the process to deal with unfair labour practices at certification and the remedies available.

29. 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 Difficulty: Easy Skill: Concept LO 6.5 Outline the process to deal with unfair labour practices at certification and the remedies available.

30. 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 Difficulty: Easy Skill: Concept LO 6.5 Outline the process to deal with unfair labour practices at certification and the remedies available.

31. 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 Difficulty: Easy Skill: Concept LO 6.5 Outline the process to deal with unfair labour practices at certification and the remedies available.

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

Answer: False Difficulty: Easy Skill: Concept

LO 6.6 Explain the grounds and procedure to terminate a union’s bargaining rights.

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

Answer: False Difficulty: Easy Skill: Concept

LO 6.6 Explain the grounds and procedure to terminate a union’s bargaining rights.

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

Answer: False Difficulty: Easy Skill: Concept

LO 6.7 Outline successor rights and the effect of a sale of a business on a union’s bargaining rights.

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

Answer: True Difficulty: Easy Skill: Concept

LO 6.7 Outline successor rights and the effect of a sale of a business on a union’s bargaining rights.

36. All individual employment contracts remain in force after a union has bargained a new collective agreement.

Answer: False Difficulty: Easy Skill: Concept

LO 6.7 Outline successor rights and the effect of a sale of a business on a union’s bargaining rights.

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37. Once a union has been certified, a union member cannot be terminated.

Answer: False Difficulty: Easy Skill: Concept

LO 6.5 Outline the process to deal with unfair labour practices at certification and the remedies available.

38. Other unions can appose a union certification attempt by a different union.

Answer: False Difficulty: Easy Skill: Concept

LO 6.7 Explain the grounds and procedure to terminate a union’s bargaining rights.

39. In a recession a union will demand the employer increases employee wages.

Answer: False Difficulty: Easy Skill: Concept

LO 6.5 Outline the process to deal with unfair labour practices at certification and the remedies available.

40. It is an unfair labour practice if an employer advises their employees that joining a union would have a negative impact on the pay as they would need to pay union dues.

Answer: False Difficulty: Easy Skill: Concept

LO 6.5 Outline the process to deal with unfair labour practices at certification and the remedies available.

Multiple Choice 1. Which of the following is a reason why employees may seek unionization: a. to guarantee job advancement on the basis of ability b. to increase workload c. to obtain a voice in policy-making d. to decrease job security Answer: c Difficulty: Moderate Skill: Concept LO 6.1 Explain reasons why employees may or may not want to join a union.

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2. Which of the following is the least likely to be a reason that employees would refuse to join a union: a. strikes b. political and social activity of unions c. a recession d. union dues Answer: c Difficulty: Moderate Skill: Concept

LO 6.1 Explain reasons why employees may or may not want to join a union.

3. Which of the following is/are the most likely to be reasons why some employees will not want to join a union: a. employer support for the union b. a desire to engage in a strike c. union dues d. b and d Answer: d Difficulty: Moderate Skill: Concept LO 6.1 Explain reasons why employees may or may not want to join a union.

4. A union could obtain the right to represent employees through: a. a voluntary recognition agreement with the employees b. certification c. a voluntary recognition agreement with the employees d. a write in campaign Answer: b Difficulty: Moderate Skill: Concept LO 6.2 Outline how a union could obtain bargaining rights.

5. Which of the following is correct: a. Employees join unions only for financial reasons. b. Employees join unions only to increase their job security. c. The reasons employees join or refuse to join a union are all related to internal issues within the workplace. d. Some employees join a union to make input on policy issues.

Answer: d Difficulty: Moderate Skill: Concept LO 6.1 Explain reasons why employees may or may notwant to join a union.

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6. Unionization increases job security for employees because: a. Unionization guarantees that there will be no job loss because of technological change. b. Unionization guarantees that there will be no job loss because the employer moves. c. All employees who are terminated in a unionized workplace are reinstated. d. Some unionized employees who are terminated are reinstated by an arbitrator.

Answer: d Difficulty: Moderate Skill: Concept LO 6.1 Explain reasons why employees may or may not want to join a union.

7. 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: a. the Nova Scotia Labour Relations Board b. the Nova Scotia Labour Court c. the Canada Industrial Relations Board d. the Canadian Labour Congress Answer: c Difficulty: Moderate Skill: Concept LO 6.2 Outline how a union could obtain bargaining rights.

8. Which of the following statements about a union organizing campaign and application for certification is correct: a. All contacts with employees are made away from the workplace. b. The union will try to keep the organizing campaign secret as long as possible in some situations. c. The union must give all employees an opportunity to join. d. 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 Difficulty: Moderate Skill: Concept LO 6.2 Outline how a union could obtain bargaining rights.

9. Which of the following is correct regarding a union organizing campaign: a. The union must advise all employees in the proposed bargaining unit about the campaign. b. The union must approach all employees in the proposed bargaining unit to provide them an opportunity to join the union. c. The union may inform the employer about a pending organizing campaign. d. Labour relations legislation requires the establishment of a union organizing committee.

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Answer: c Difficulty: Moderate Skill: Concept LO 6.3 Outline the steps in a union organizing campaign and application for certification.

10. A union has been certified to represent the production employees of Yum Organics. Which of the following is correct: a. The next step in the process is a voluntary recognition agreement. b. The employer may choose to bargain with the union. c. Individual employees can continue to negotiate with the employer until a collective agreement is signed. d. The union is now the exclusive bargaining agent for employees in the bargaining unit.

Answer: d Difficulty: Moderate Skill: Concept LO 6.3 Outline the steps in a union organizing campaign and application for certification.

11. When a union applies to the labour relations board for certification it must establish: a. it is a trade union as defined in labour relations legislation b. it is part of a national or international union c. a and b d. it has the approval of the employer Answer: a Difficulty: Moderate Skill: Concept

LO 6.3 Outline the steps in a union organizing campaign and application for certification.

12. Which of the following is correct: a. All employees, including independent contractors, can unionize. b. All employees can unionize. c. Most non-managerial employees can unionize. d. Most managerial employees can unionize.

Answer: c Difficulty: Moderate Skill: Concept

LO 6.3 Outline the steps in a union organizing campaign and application for certification.

13. Dependent contract provisions in the labour relations legislation of some jurisdictions provides that: a. independent contractors can unionize b. the definition of an employee is broadened to include dependent contractors c. individuals who use their own tools can unionize d. individuals who are economically independent of their employer can unionize Answer: b Copyright © 2023 Pearson Canada Inc. 69

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Difficulty: Moderate Skill: Concept

LO 6.3 Outline the steps in a union organizing campaign and application for certification.

14. Which of the following are allowed to join or form a union: a. owners b. managers c. production employees d. independent contractors Answer: c Difficulty: Moderate Skill: Concept

LO 6.3 Outline the steps in a union organizing campaign and application for certification.

15. When a labour relations board determines if a position is managerial it will refer primarily to: a. the job title b. the preferences of the employer c. the preferences of the union d. the authority held over bargaining unit members Answer: d Difficulty: Moderate Skill: Concept LO 6.3 Outline the steps in a union organizing campaign and application for certification.

16. An organizing committee is: a. the union staff who direct a union organizing campaign b. a group of employees who attempt to convince their co-workers to become union members c. a group of employees who are responsible for restructuring the organization d. an office at the Labour Relations Board that processes applications for certification Answer: b Difficulty: Moderate Skill: Concept

LO 6.3 Outline the steps in a union organizing campaign and application for certification.

17. When employees join a union during an organizing campaign: a. all membership cards must be signed at the workplace b. a membership fee is required in most jurisdictions c. a membership fee not required in any jurisdiction d. the employer is informed who has signed membership cards Answer: b Difficulty: Moderate Copyright © 2023 Pearson Canada Inc. 70

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Skill: Concept

LO 6.3 Outline the steps in a union organizing campaign and application for certification.

18. Unions would prefer that support for the union be determined by referring to signed membership cards instead of a ratification vote because: a. a vote delays the process b. a vote is expensive c. employers may influence a vote d. employees don't want a vote Answer: c Difficulty: Moderate Skill: Concept

LO 6.3 Outline the steps in a union organizing campaign and application for certification.

19. An open period is the time span within which: a. union can give notice to the employer b. a second union can apply for certification c. union can give notice to the Canadian Labour Congress d. an appropriate bargaining can occur Answer: b Difficulty: Moderate Skill: Concept

LO 6.3 Outline the steps in a union organizing campaign and application for certification.

20. Which of the following is correct regarding union membership after a union has been certified: a. All employees in the bargaining unit automatically become union members. b. All employees in the bargaining unit must become union members. c. The union and the employer may negotiate a collective agreement that requires employees in the bargaining unit to become union members. d. Employees who voted against the union do not have to become union members.

Answer: c Difficulty: Moderate Skill: Concept

LO 6.4 Outline the factors determining and the significance of the bargaining unit.

21. After a union has been certified by the labour relations board: a. a collective agreement must be negotiated within 12 months b. a collective agreement must be negotiated within six months c. a vote is held for the employees to ratify the certification d. an application for decertification cannot be filed for a time specified in the relevant labour relations legislation Copyright © 2023 Pearson Canada Inc. 71

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Answer: d Difficulty: Moderate Skill: Concept

LO 6.4 Outline the factors determining and the significance of the bargaining unit.

22. The appropriate bargaining unit is determined by the: a. labour relations board b. union c. employer d. organizing committee Answer: a Difficulty: Moderate Skill: Concept

LO 6.4 Outline the factors determining and the significance of the bargaining unit.

23. The group of employees found to be the appropriate bargaining unit on an application for certification: a. must be the most appropriate unit for collective bargaining b. could affect the likelihood of termination of the employees c. could affect the bargaining power of the union d. a, b, and c Answer: c Difficulty: Moderate Skill: Concept LO 6.4 Outline the factors determining and the significance of the bargaining unit.

24. The appropriate bargaining unit determined by the labour relations board: a. must comply with any agreement between the employer and the union b. is based upon the community of interest concept c. excludes employees opposed to the union e is determined by the Board free of any legislative restrictions Answer: b Difficulty: Moderate Skill: Concept LO 6.4 Outline the factors determining and the significance of the bargaining unit.

25. On an application for certification labour relations boards in Canada determine if there is sufficient support for the union to grant certification by: a. relying on membership cards in all jurisdictions b. holding a representation vote in all jurisdictions c. relying on employee cards in some jurisdictions d. holding a representation vote in some jurisdictions Copyright © 2023 Pearson Canada Inc. 72

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Answer: d Difficulty: Moderate Skill: Concept LO 6.3 Outline the steps in a union organizing campaign and application for certification.

26. Which of the following is correct regarding the determination of union support in an application for certification: a. All jurisdictions provide that support may be determined by a representation vote. b. Unions prefer support to be determined by a representation vote. c. Employers prefer support to be determined on the basis of signed union membership cards. d. Labour Relations Board officers can dispense with a representation vote.

Answer: a Difficulty: Moderate Skill: Concept LO 6.3 Outline the steps in a union organizing campaign and application for certification.

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.

27. 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? a. 26 b. 25 c. 21 d. 20

Answer: c Difficulty: Moderate Skill: Concept LO 6.3 Outline the steps in a union organizing campaign and application for certification.

28. Which of the following is correct regarding an organizing campaign and certification process: a. There is a freeze on employer communications to employees after an application for certification has been filed. b. The union must notify the employer that it will be approaching employees to join the union. c. 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. d. The employer is allowed to communicate to employees in most jurisdictions provided that there is no intimidation or coercion.

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Answer: d Difficulty: Moderate Skill: Concept LO 6.3 Outline the steps in a union organizing campaign and application for certification.

29. A union is conducting an organizing campaign at Ebikes4U. Which of the following is Ebikes4U permitted to do: a. Transfer union supporters to another location. b. Advise employees that they are being fairly treated and there is no need to join a union and pay union dues. c. Promise to increase wages if the union is rejected. d. Increase wages to convince employees that the union is not necessary.

Answer: b Difficulty: Moderate Skill: Concept LO 6.3 Outline the steps in a union organizing campaign and application for certification.

30. Which of the following is the most likely to be found to be an employer unfair labour practice during a union organizing campaign: a. issuing a written statement referring to the disadvantages of unionization b. banning union activity during working hours c. expressing a preference that employees do not join a union d. issuing a written statement referring to a wage increase if the union is defeated Answer: d Difficulty: Moderate Skill: Concept LO 6.5 Outline the process to deal with unfair labour practices at certification and the remedies available.

31. 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: a. providing the annual wage increase on the scheduled date b. asking employees if they have signed union membership cards c. d. transferring employees suspected of being union supporters e. promising to establish a new position of employee representative who will be responsible for improving working conditions Answer: a Difficulty: Moderate Skill: Concept LO 6.5 Outline the process to deal with unfair labour practices at certification and the remedies Copyright © 2023 Pearson Canada Inc. 74

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available.

32. The statutory freeze means that: a. Employers cannot make any changes in working conditions after an application for certification has been filed. b. Employers can choose to implement or postpone changes that would be carrying on business as usual. c. Employers must conduct business as usual, including making normal changes. d. Employers can make changes in the terms of employment other then wages, which are frozen.

Answer: c Difficulty: Moderate Skill: Concept LO 6.5 Outline the process to deal with unfair labour practices at certification and the remedies available.

33. A union has started an organizing campaign at GO808. Which of the following employer actions is permitted: a. asking employers whether they support the union b. prohibiting national union representatives from entering the premises c. issuing a notice to employees advising that wages will be increased if the union is defeated d. transferring union supporters Answer: b Difficulty: Moderate Skill: Concept LO 6.5 Outline the process to deal with unfair labour practices at certification and the remedies available.

34. 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: a. the union should file a grievance b. the labour relations board does not have jurisdiction c. the union bears the burden of proof in all jurisdictions d. the employer bears the burden of proof in some jurisdictions Answer: d Difficulty: Moderate Skill: Concept LO 6.5 Outline the process to deal with unfair labour practices at certification and the remedies available.

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35. A union organizing campaign was underway at River Runs Co. 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: a. There will be a board hearing to determine if the employer has committed an unfair labour practice unless the parties settle the issue. b. The union must establish that the dismissal was motivated by the employee's union activity. c. The union must prove that there was no valid reason to dismiss the employee. d. The board can order compensation but not reinstatement.

Answer: a Difficulty: Moderate Skill: Concept LO 6.5 Outline the process to deal with unfair labour practices at certification and the remedies available.

36. 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 prohibiting the employer from repeating the unfair labour practices Answer: c Difficulty: Moderate Skill: Concept LO 6.5 Outline the process to deal with unfair labour practices at certification and the remedies available.

37. 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: a. Certification without a vote is available in all jurisdictions only if employees have been dismissed for union activity. b. Certification without a vote is available in some jurisdictions. c. d. Certification without a vote is not available in any jurisdiction. e. Certification without a vote is available in jurisdictions that do not provide for a representation vote to be repeated.

Answer: b Difficulty: Moderate Skill: Concept LO 6.5 Outline the process to deal with unfair labour practices at certification and the remedies available.

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38. The decertification process is important because it: a. provides the employer with an opportunity to eliminate the union b. protects employees from weak or inefficient unions c. means employees can terminate the union's bargaining rights at any time d. is a necessary step if employees want to change unions Answer: b Difficulty: Moderate Skill: Concept LO 6.5 Outline the process to deal with unfair labour practices at certification and the remedies available.

39. Employees at Fresh Za 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: a. The employer can file a decertification application. b. The employer can assist employees to file a decertification application. c. The employees can file an application for a decertification in the open period. d. The employees can only terminate the union's bargaining rights by applying to certify another union.

Answer: c Difficulty: Moderate Skill: Concept LO 6.6 Explain the grounds and procedure to terminate a union’s bargaining rights.

40. The production employees at UPhones 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 Uphones sell the business: a. The bargaining rights of the union are terminated. b. The bargaining rights of the union continue; however, the collective agreement is terminated. c. The union and the new owner must renegotiate the collective agreement. d. The union's bargaining rights and the collective agreement are not affected.

Answer: d Difficulty: Moderate Skill: Concept LO 6.7 Outline successor rights and the effect of a sale of a business on a union’s bargaining rights.

41. 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: a. The collective agreement is terminated. b. The purchaser is bound by the terms of the collective agreement.

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c. The collective agreement is binding upon the purchaser if it approves the agreement. d. A vote is held among employees to determine if they want the union to continue to represent them.

Answer: b Difficulty: Moderate Skill: Concept LO 6.7 Outline successor rights and the effect of a sale of a business on a union’s bargaining rights.

42. Union A wants to certify employees of an organization who are already represented by another union. a. Union A may conduct a certification vote one the employees have notified the labour relations board. b. Union A must wait for an open period, typically three months before the end of the current collective agreement to make application to certify.

Union A would be in violation of the Canadian Labour Congresses bylaws and would not be permitted to make application to certify.

The employer may challenge the application with the labour relations board Answer: b Difficulty: Moderate Skill: Concept LO 6.7 Outline successor rights and the effect of a sale of a business on a union’s bargaining rights.

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

• Union dues • Political and social activities of unions • Strikes • Loyalty to the employer • Conflict • Merit • Perception of union member work habits and attitudes • Flexibility • Employee retaliation • Job loss • Lack of opportunity to unionize

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2. 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.

• Poor supervision • Input in company policymaking • Compensation • Ineffective complaint processes • Perceived fairness/equity • Substitution—avoidance strategies • Job security • Economic factors • Working conditions • Other external factors • Workload • Individual and social attitudes toward unions 3. Assume that you work for an organization 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.

These reasons could be drawn from answers to questions 1 and 2.

4. 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?

These reasons could be drawn from answers to question 2.

5.

Outline the key steps and restrictions on the certification process.

To be certified, the union must conduct an organizing campaign to have employees join the union and then make an application for certification to the labour relations board.

6.

Explain the meaning and significance of the appropriate bargaining unit.

The appropriate bargaining unit is ultimately determined by the labour board after allowing the employer and any interested employee(s) an opportunity to make representations to the board regarding the appropriateness of the proposed unit.

7. 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.

Depending upon the jurisdiction, the board determines if the applicant has sufficient support for certification on the basis of the membership cards filed or by holding a representation vote. If there are any issues in dispute that cannot be settled, a hearing will be held by the board. In most jurisdictions, the hearing is held after any vote. This is done by sealing the ballot box and Copyright © 2023 Pearson Canada Inc. 79

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segregating any disputed ballots in a manner that protects the identity of the voter.

8. Explain the term 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.

Refer to whether the conduct is prohibited by legislation.

PROCEDURE If either the union or the employer thinks that an unfair labour practice has been committed, they may file a complaint with the Labour Relations Board in their jurisdiction. Referring unfair labour practice complaints to Boards instead of dealing with them in the court system has at least two advantages. Individuals with expertise in labour relations will consider the complaints, and they may be dealt with faster. In the federal jurisdiction, New Brunswick and Nova Scotia, a complaint must be filed within 90 days. In other jurisdictions, the Board may exercise its discretion to refuse to deal with the complaint when there has been an undue delay.

In most jurisdictions, there is a provision for a labour relations officer, who is a Board employee, to attempt to settle the complaint so that a Board hearing is not required. Most unfair labour practice complaints are settled, and many are withdrawn. If a complaint is not settled or withdrawn, the Board will hold a hearing to determine whether there was a violation of the legislation and the remedy that should be provided. A hearing might take a few hours or a few weeks, depending on the number and complexity of the issues.

Each side has an opportunity to present witnesses and documents as evidence to determine whether the legislation was contravened, and, if so, to propose an appropriate remedy.

BURDEN OF PROOF Labour relations legislation in most jurisdictions (Canada, British Columbia, Nova Scotia, Ontario, Prince Edward Island, Quebec and Saskatchewan) provides that where a complaint alleges an employee has been threatened, coerced or dismissed because of union activity, the onus of proof is reversed and placed on the employer. The employer must establish there was no violation of the legislation. In the case of a dismissal, the employer will have to show there was a reason for the dismissal other than union activity. When a union supporter has been dismissed, the Board will carefully determine if the explanation provided by the employer is credible.

REMEDIES Cease and desist order Reinstatement of discharged employees Compensation for financial losses Interest on monies awarded Posting or mailing of a notice to employees Access order Copyright © 2023 Pearson Canada Inc. 80

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Freeze on working conditions New representation vote Certification without a vote or remedial certification (not available in all jurisdictions) Prosecution 9. Describe the importance of and the procedure involved in the decertification of a union.

The process for decertification is very similar to that for certification. Employees in the bargaining unit sign a statement confirming that they do not want the union to represent them, and this evidence is filed with the labour board, together with an application to decertify the union. The key policy issues here are the minimum level of support required for an application, whether a vote is required, and how the results of any vote are determined.

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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 Difficulty: Easy Skill: Concept LO 7.1 Summarize the importance of collective agreements.

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

Answer: False Difficulty: Easy Skill: Concept LO 7.1 Summarize the importance of collective agreements.

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

Answer: True Difficulty: Easy Skill: Concept LO 7.1 Summarize the importance of collective agreements.

4. 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 Difficulty: Easy Skill: Concept LO 7.2 Describe the legal nature of a collective agreement between the “actors” in the labour relations system.

5. The recognition article in a collective agreement provides that: “The organization 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 Difficulty: Easy Skill: Concept Copyright © 2024 Pearson Canada Inc. 76

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LO 7.3 Identify the mandatory collective agreement terms required by legislation.

6. 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 Difficulty: Easy Skill: Concept LO 7.3 Identify the mandatory collective agreement terms required by legislation.

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

Answer: False Difficulty: Easy Skill: Concept LO 7.3 Identify the mandatory collective agreement terms required by legislation.

8. 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 Difficulty: Easy Skill: Concept LO 7.3 Identify the mandatory collective agreement terms required by legislation.

9. 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 Difficulty: Easy Skill: Concept LO 7.3 Identify the mandatory collective agreement terms required by legislation.

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

Answer: False Difficulty: Easy Skill: Concept LO 7.3 Identify the mandatory collective agreement terms required by legislation.

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

Answer: True Difficulty: Easy Skill: Concept Copyright © 2024 Pearson Canada Inc. 77

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LO 7.4 Outline the voluntary terms commonly included in a collective agreement.

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

Answer: True Difficulty: Easy Skill: Concept LO 7.4 Outline the voluntary terms commonly included in a collective agreement.

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

14. 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 Difficulty: Easy Skill: Concept LO 7.5 Understand language prohibited in collective agreements.

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

Answer: False Difficulty: Easy Skill: Concept LO 7.5 Understand language prohibited in collective agreements.

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

Answer: False Difficulty: Easy Skill: Concept 17. All employees who pay union dues must join a union.

Answer: False Difficulty: Easy Skill: Concept LO 7.5 Understand language prohibited in collective agreements 18. Employers are prevented from outsourcing work if it is done by the bargaining unit.

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Answer: False Difficulty: Easy Skill: Concept LO 7.5 List management and union preferences for collective agreement terms and phrasing 19. Union representatives are paid by the organization when representing an employee.

Answer: False Difficulty: Easy Skill: Concept LO 7.5 Understand language prohibited in collective agreements

Multiple Choice 1. Collective agreement terms affect: a. unions and employees b. employers c. the public all of the above

Answer: d Difficulty: Moderate Skill: Concept LO 7.2 Describe the legal nature of a collective agreement between the actors in the labour relations system 2. Which of the following is correct regarding the terms of collective agreements: a. Contracts covering federally regulated employers must contain terms provided in the Canada Labour Code; however, there are no required terms for provincially regulated employers. b. 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. c. All of the terms are required by legislation. d. Some of the terms are required by legislation.

Answer: d Difficulty: Moderate Skill: Concept LO 7.2 Describe the legal nature of a collective agreement between the “actors” in the labour relations system 3. Which of the following is a term of a collective agreement that must be included because they are required by the legislation: a. voluntary terms Copyright © 2024 Pearson Canada Inc. 79

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b. mandatory terms c. management rights d. additional voluntary terms Answer: b Difficulty: Moderate Skill: Concept LO 7.3 Identify the mandatory collective agreement terms required by legislation 4. Which of the following terms is the least likely to be included as part of the collective agreement: a. A provision for the deduction of union dues from employees’ pay. b. A provision protecting management rights. c. Seniority provisions relating to job vacancies and layoffs. d. Provisions regarding the election of the union bargaining team.

Answer: d Difficulty: Moderate Skill: Concept LO 7.4 Outline the voluntary terms commonly included in a collective agreement 5. Which of the following is a term the parties are required by law to include in a collective agreement: a. a minimum term of one year b. management rights c. a provision dealing with contracting out d. a provision dealing with discrimination Answer: a Difficulty: Moderate Skill: Concept LO 7.3 Identify the mandatory collective agreement terms required by legislation 6. A recognition clause in a collective agreement: a. cannot change the bargaining unit as provided in the certificate issued by the Labour Relations Board when the union is granted bargaining rights b. provides that the union recognizes the right of the employer to manage the organization c. describes the bargaining unit by setting out the names of employees who are in the bargaining unit d. may describe the bargaining unit by referring to the certificate issued by the Labour Relations Board Answer: d Difficulty: Moderate Skill: Concept LO 7.4 Outline the voluntary terms commonly included in a collective agreement Copyright © 2024 Pearson Canada Inc. 80

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7. A grievance could best be described as: a. any complaint of the union or employees in the bargaining unit b. an allegation that the collective agreement has been violated and a request for a remedy c. any complaints by the employer d. a dispute resolution method in which the parties present evidence and arguments to a third party who makes a final binding decision Answer: b Difficulty: Moderate Skill: Concept LO 7.4 Outline the voluntary terms commonly included in a collective agreement.

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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.

•

• • • •

Mandatory terms: A recognition clause indicating that management recognizes the union as the exclusive bargaining agent for its members in the workplace A prohibition against strikes and lockouts during the term of the agreement A provision for the arbitration of disputes relating to the interpretation, application and administration of the agreement A minimum term of one year for the agreement A check-off of union dues clause or check off clause, if the union requests it, requiring the employer to deduct union dues from the pay of unionized employees ( in place in a majority of Canadian jurisdictions)Common terms:

Union Recognition Grievance and arbitration process Strikes and lockouts Duration or term of agreement Dues check off Management rights Bargaining unit work Union security Probation period Seniority Discipline and discharge procedure Hours of work and scheduling Overtime Public holidays 2. Explain the provisions of labour relations legislation in your province or territory regarding the deduction of union dues and union membership in a collective agreement.

Students would need to go to the government website to locate this information.

3. Explain the meaning and importance of contracting out. Describe its implications for unions and employers negotiating a collective agreement.

Contracting out refers to an employer arranging for another organization to do work that is, or could be, done by the employer’s own employees. Employers will want to maintain the capability to contract out to provide flexibility and reduce costs, For example, if a hospital had its own laundry staffed by hospital employees, it could contract out this work to a laundry service Copyright © 2024 Pearson Canada Inc. 82

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provider. This will mean that the employees who formerly did the work will not be needed and layoffs could result. Unions will seek to have language in the agreement that prevents or restricts contracting out to protect existing jobs in the bargaining unit. Their motivation is to protect the size and influence of the bargaining unit in the work setting. A reduction of jobs also means a loss of revenue by the union caused by fewer union dues being collected. Arbitrators have held that if there is no collective agreement term preventing contracting out, an employer is free to contract out provided it is done in good faith and for a sound business reason. It should be noted that contracting out in this context is not the same usage referred to earlier in this text regarding setting terms in the collective agreement that are not in keeping with minimum guarantees under employment standards, health and safety or other legislation and are separate from any restrictions relating to previously referred to restrictions on bargaining unit work.

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

There are two primary ways that skill and ability KSAs can be combined with seniority: a sufficient ability clause or a relative ability clause. A sufficient ability clause, also known as a thresh-old ability clause, provides that the employee with the most seniority is awarded the job if they have enough ability, even if another employee has more advanced KSAs. A relative or competitive ability clause, on the other hand, provides that seniority will only be referred to if the skills and abilities of two employees competing for a job are relatively equal. The employee with the most seniority will be awarded the job only if they have the KSAs equal to or greater than that of other employees. Because the sufficient ability type of provision gives more weight to seniority, unions favour it. Employers favour the relative ability provision, because it gives more weight to KSAs. Alternatively, the parties could agree on a hybrid seniority provision that falls between a sufficient ability and a relative ability term. In this approach, seniority is included along with skill and ability when the determination is made. Arbitrators have held that the employer must demonstrate that the decision was made by considering the factors listed, including seniority, in a reasonable man-ner giving each the appropriate weight.

5. 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.

Overtime legislation and collective agreement terms should be kept separate from hours of work terms and legislation. Overtime deals with the issue of when an employee is entitled to additional pay for working extra hours and the amount of the additional compensation. The employer can impose overtime unless the agreement provides otherwise. It could require employees to work overtime as long as the employment standards legislation and collective agreement provisions relating to the hours of work are complied with. Overtime laws may also allow the employer and a union to enter into an overtime averaging agreement.

6. What do you envision as the impact of a collective agreement to an HRM professional working in a unionized organization?

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Their HRM tasks would be driven by the collective agreement—recruitment, selection, training, compensation, health and safety, discipline, and termination. They would need to view the union as a business partner.

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Chapter 8 Negotiation of the Collective Agreement True/False 1. The negotiation of a collective agreement is more complex than other business negotiations.

Answer: True Difficulty: Easy Skill: Concept LO 8.1 Identify the factors and significance of the bargaining structure.

2. A certification by a Labour Relations Board grants a union the right to bargain for employees situated at one or more locations of an employer.

Answer: True Difficulty: Easy Skill: Concept LO 8.1 Identify the factors and significance of the bargaining structure.

3. Bargaining structure refers to the number of unions, employers, and locations involved in contract negotiations.

Answer: True Difficulty: Easy Skill: Concept LO 8.1 Identify the factors and significance of the bargaining structure.

4. In the most centralized bargaining structure contract negotiations occur between one union and one employer for one location.

Answer: False Difficulty: Easy Skill: Concept LO 8.1 Identify the factors and significance of the bargaining structure.

5. The phrase industry bargaining refers to a decentralized bargaining structure.

Answer: False Difficulty: Easy Skill: Concept LO 8.1 Identify the factors and significance of the bargaining structure.

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6. Bargaining structure could affect the bargaining power of the union or the employer.

Answer: True Difficulty: Easy Skill: Concept LO 8.1 Identify the factors and significance of the bargaining structure.

7. Bargaining structure in Canada is generally decentralized.

Answer: True Difficulty: Easy Skill: Concept LO 8.1 Identify the factors and significance of the bargaining structure.

8. Whipsawing is a negotiation problem associated with centralized bargaining.

Answer: False Difficulty: Easy Skill: Concept LO 8.2 Outline the sub-processes of negotiation.

9. Bargaining structure in Canada tends to be decentralized because unions perceive that this structure allows them to achieve their economic goals.

Answer: False Difficulty: Easy Skill: Concept LO 8.1 Identify the factors and significance of the bargaining structure.

10. Pattern bargaining involves the union negotiating an agreement with one employer and then presenting it to other employers seeking to have it copied.

Answer: True Difficulty: Easy Skill: Concept LO 8.2 Outline the sub-processes of negotiation.

11. Distributive bargaining is negotiation in which the party's objectives are not in conflict and joint gain is possible.

Answer: False Difficulty: Easy Skill: Concept LO 8.2 Outline the sub-processes of negotiation.

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12. Distributive bargaining is the basis for interest-based or mutual gains bargaining.

Answer: False Difficulty: Easy Skill: Concept LO 8.2 Outline the sub-processes of negotiation.

13. Intraorganizational bargaining includes the concept that negotiators must be concerned with the demands made by the other side and the demands made by their own constituents.

Answer: True Difficulty: Easy Skill: Concept LO 8.2 Outline the sub-processes of negotiation.

14. The most hostile union-management relationship is one of collusion.

Answer: False Difficulty: Easy Skill: Concept LO 8.3 Describe the importance of the union–management relationship.

15. The union-management relationship that is most likely to establish a foundation for interestbased bargaining is a co-operative relationship.

Answer: True Difficulty: Easy Skill: Concept LO 8.3 Describe the importance of the union–management relationship.

16. The relationship between the parties is important because it could affect their ability to move from integrative to adversarial bargaining.

Answer: False Difficulty: Easy Skill: Concept LO 8.4 Explain practices and procedures in traditional adversarial bargaining.

17. At the first negotiation session the union and employer bargaining teams are determined.

Answer: False Difficulty: Easy Skill: Concept Copyright © 2024 Pearson Canada Inc. 96

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LO 8.4 Explain practices and procedures in traditional adversarial bargaining.

18. A union's demands in contract negotiation could be based upon input from the bargaining unit and arbitration decisions.

Answer: True Difficulty: Easy Skill: Concept LO 8.4 Explain practices and procedures in traditional adversarial bargaining.

19. An employer would be in breach of the duty to bargain in good faith if it failed to provide information to the union that affected the bargaining unit even though the union has not requested the information.

Answer: True Difficulty: Easy Skill: Concept LO 8.4 Explain practices and procedures in traditional adversarial bargaining.

20. Any communication from an employer to bargaining unit employees during contract negotiations is a breach of the duty to bargain in good faith.

Answer: False Difficulty: Easy Skill: Concept LO 8.4 Explain practices and procedures in traditional adversarial bargaining.

21. A caucus is a meeting between the chief negotiators for the employer and the union.

Answer: False Difficulty: Easy Skill: Concept LO 8.4 Explain practices and procedures in traditional adversarial bargaining.

22. To avoid haggling and make the negotiation process more efficient the employer should start contract talks with its best monetary offer.

Answer: False Difficulty: Easy Skill: Concept LO 8.7 Describe the principles of interest-based bargaining.

23. First contract arbitration would generally be viewed as a remedy that is favourable to unions.

Answer: True Copyright © 2024 Pearson Canada Inc. 97

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Difficulty: Easy Skill: Concept LO 8.4 Explain practices and procedures in traditional adversarial bargaining.

24. A union’s resistance point is the least favourable offer that it will accept.

Answer: True Difficulty: Easy Skill: Concept LO 8.4 Explain practices and procedures in traditional adversarial bargaining.

25. In most jurisdictions an employer is allowed to use replacement workers during a strike.

Answer: True Difficulty: Easy Skill: Concept LO 8.5 Outline the implications of labour relations legislation for negotiation.

26. Bargaining structure is a factor that could affect the employer’s bargaining power.

Answer: True Difficulty: Easy Skill: Concept LO 8.4 Explain practices and procedures in traditional adversarial bargaining.

27. The size and pattern of concessions made in distributive bargaining should be carefully planned and managed.

Answer: True Difficulty: Easy Skill: Concept LO 8.6 Identify strategy and tactics used in positional or distributive bargaining.

28. Where labour costs represent a small portion of the employer’s total costs of operation the union is in a stronger bargaining position.

Answer: True Difficulty: Easy Skill: Concept LO 8.4 Explain practices and procedures in traditional adversarial bargaining.

29. The statement, "We propose to reduce costs by reducing the amount of sick time taken by employees." is setting out an interest.

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Answer: False Difficulty: Easy Skill: Concept LO 8.7 Describe the principles of interest-based bargaining.

30. Interest-based bargaining is universally viewed as a new approach to contract negotiations.

Answer: False Difficulty: Easy Skill: Concept LO 8.7 Describe the principles of interest-based bargaining.

31. Interest-based bargaining may be combined with traditional positional bargaining.

Answer: True Difficulty: Easy Skill: Concept LO 8.7 Describe the principles of interest-based bargaining.

32. Interest-based bargaining has been widely adopted in Canada.

Answer: False Difficulty: Easy Skill: Concept LO 8.7 Describe the principles of interest-based bargaining.

33. If a union and an employer adopt interest-based bargaining, they must engage in extensive preparation and training.

Answer: True Difficulty: Easy Skill: Concept LO 8.7 Describe the principles of interest-based bargaining.

34. The mostly likely action by a union, when the relationship with the organization is one of conflict, is an allegation of unfair labour practice.

Answer: True Difficulty: Easy Skill: Concept LO 8.4 Explain practices and procedures in traditional adversarial bargaining.

35. The statutory freeze, required once notice of certification of a union certification drive, ends with the union giving notice of bargaining to the employer.

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Answer: False Difficulty: Easy Skill: Concept LO 8.4 Explain practices and procedures in traditional adversarial bargaining.

36. The CEO or business owner, is a key member of the organization’s bargaining team.

Answer: False Difficulty: Easy Skill: Concept LO 8.1 Identify the factors and significance of the bargaining structure.

37. An organization has no intent to settle a contract it adopts a strategy of hard bargaining.

Answer: False Difficulty: Easy Skill: Concept LO 8.4 Explain practices and procedures in traditional adversarial bargaining.

38. When it is the first time an organization and a union is bargaining a contract, either party can request that the remaining issues be resolved through arbitration.

Answer: True Difficulty: Easy Skill: Concept LO 8.4 Explain practices and procedures in traditional adversarial bargaining.

39. An organization can force the bargaining unit employees to vote on their final offer to the union.

Answer: True Difficulty: Easy Skill: Concept LO 8.4 Explain practices and procedures in traditional adversarial bargaining.

Multiple Choice 1. Which of the following refers to establishing an agreement with one party and then using the agreement to pressure others: a. centralized bargaining b. decentralized bargaining c. industry bargaining d. whipsawing Answer: d Difficulty: Moderate Copyright © 2024 Pearson Canada Inc. 100

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Skill: Concept LO 8.4 Explain practices and procedures in traditional adversarial bargaining.

2. The issue of who is bargaining with whom is the core of the concept of: a. centralized bargaining b. decentralized bargaining c. bargaining structure d. distributive bargaining Answer: c Difficulty: Moderate Skill: Concept LO 8.1 Identify the factors and significance of the bargaining structure.

3. In a province or territory there is one round of negotiations which establishes a collective agreement covering all secondary school teachers in the province. This illustrates: a. centralized bargaining b. decentralized bargaining c. pattern bargaining d. whipsawing Answer: a Difficulty: Moderate Skill: Concept LO 8.5 Outline the implications of labour relations legislation for negotiation.

4. Which of the following bargaining structures is most common in Canada: a. single employer, multiple establishments, single union b. multiple employers, multiple establishments, single union c. multiple employers, multiple establishments, multiple unions d. single employer, single establishment, single union Answer: d Difficulty: Moderate Skill: Concept LO 8.1 Identify the factors and significance of the bargaining structure.

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5. What is the foremost step in the process of negotiation between the union-management: a. bargaining team selected b. preparation of demands c. notice to bargain d. conciliation/mediation Answer: d Difficulty: Moderate Skill: Concept LO 8.3 Describe the importance of the union–management relationship.

6. The practice of a union negotiating an agreement with one employer and then attempting to negotiate a similar agreement with other employers is known as: a. industry bargaining b. centralized bargaining c. pattern bargaining d. distributive bargaining Answer: c Difficulty: Moderate Skill: Concept LO 8.1 Identify the factors and significance of the bargaining structure.

7. A union represents employees at several different restaurants in a tourist area. The union is bargaining with one of the employers and is threatening to strike if the employer does not agree to the union's demands. This situation illustrates: a. centralized bargaining b. attitudinal structuring c. intraorganizational bargaining d. whipsawing Answer: d Difficulty: Moderate Skill: Application of Knowledge LO 8.1 Identify the factors and significance of the bargaining structure.

8. Walton and the McKersie outlined four sub-processes in negotiation as follows: a. distributive bargaining, centralized bargaining, attitudinal structuring, and intraorganizational bargaining b. distributive bargaining, integrative bargaining, attitudinal structuring, and intraorganizational bargaining c. accommodative bargaining, integrative bargaining, attitudinal structuring, and intraorganizational bargaining d. distributive bargaining, integrative bargaining, collusive bargaining, and Copyright © 2024 Pearson Canada Inc. 102

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intraorganizational bargaining Answer: b Difficulty: Moderate Skill: Concept LO 8.2 Outline the subprocesses of negotiation.

9. Walton and the McKersie outlined four sub-processes in negotiation. The sub-process most people are familiar with is: a. attitudinal structuring b. intraorganizational bargaining c. integrative bargaining d. distributive bargaining Answer: d Difficulty: Moderate Skill: Concept LO 8.2 Outline the subprocesses of negotiation.

10. One model considering the relationship between the union and the employer has classified the possible relationships into types as follows: a. conflict, containment-aggression, Bulwarism, integrative, collusion b. conflict, containment-aggression, accommodation, co-operative, crisis c. conflict, containment-aggression, accommodation, co-operative, collusion d. distributive, containment-aggression, accommodation, co-operative, collusion Answer: c Difficulty: Moderate Skill: Concept LO 8.4 Explain practices and procedures in traditional adversarial bargaining.

11. Which of the following is a factor affecting the union-management relationship: a. gender of union and employer negotiators b. changes in labour relations legislation c. age of employees in the bargaining unit d. gender of employees in the bargaining unit e. intraorganizational bargaining Answer: b Difficulty: Moderate Skill: Concept LO 8.5 Outline the implications of labour relations legislation for negotiation.

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12. Which of the following is most likely to lead to a deterioration of the union-management relationship: a. increased competition in the market for the employer’s product b. decreased competition in the market for the employer’s product c. legislation providing for the mandatory deduction of union dues from the pay of employees d. legislation requiring mandatory union membership Answer: a Difficulty: Moderate Skill: Concept LO 8.3 Describe the importance of the union–management relationship.

13. When a notice to bargain has been given which of the following happens: a. the search phase of negotiations begins b. the parties move to conciliation c. the parties move to mediation d. a statutory freeze period commences Answer: d Difficulty: Moderate Skill: Concept LO 8.4 Explain practices and procedures in traditional adversarial bargaining.

14. At the second negotiation session between union and employer representatives the union negotiators have talked at length about how important it is that a new benefit for a prepaid legal plan is included in the collective agreement. This situation illustrates: a. establishing the negotiation range b. the search phase of negotiations c. the crisis of days of negotiations d. integrative bargaining Answer: a Difficulty: Moderate Skill: Application of Knowledge LO 8.7 Describe the principles of interest-based bargaining.

15. Who of the following is the least likely to be on an employer bargaining team: a. a labour relations consultant b. a labour relations staff professional c. a financial staff professional d. the organizational president Answer: d Copyright © 2024 Pearson Canada Inc. 104

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Difficulty: Moderate Skill: Concept LO 8.4 Explain practices and procedures in traditional adversarial bargaining.

16. 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 national union president is never part of the bargaining team.

Answer: c Difficulty: Moderate Skill: Concept LO 8.1 Identify the factors and significance of the bargaining structure.

17. A union is preparing to negotiate the renewal of a collective agreement. Which of the following is the least likely to be a factor affecting the demands made by the union: a. input received from bargaining unit members b. arbitration decisions interpreting the collective agreement c. input from the national or international union d. the business plans of the employer Answer: d Difficulty: Moderate Skill: Concept LO 8.4 Explain practices and procedures in traditional adversarial bargaining.

18. An employer is preparing to negotiate the renewal of a collective agreement. Which of the following is the least likely to be a factor affecting any demands or proposals made by the employer: a. business plans b. contract settlements in the industry c. arbitration decisions interpreting the collective agreement d. the composition of the union bargaining team Answer: d Difficulty: Moderate Skill: Concept LO 8.4 Explain practices and procedures in traditional adversarial bargaining.

19. The duty to bargain in good faith requires the employer to: a. make concessions to reach an agreement b. explain its proposals to the union negotiating team Copyright © 2024 Pearson Canada Inc. 105

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c. agree to changes in the bargaining unit d. explain its proposals to the bargaining unit Answer: b Difficulty: Moderate Skill: Concept LO 8.4 Explain practices and procedures in traditional adversarial bargaining.

20. An employer and a union have been negotiating the renewal of a collective agreement for eight months. At the last negotiation session, the employer explained its final offer to the union bargaining team. The employer maintained that a wage freeze was required in the first year of the agreement in order for the employer to stay in business. Subsequently the employer sent a letter to employees in the bargaining unit outlining its final offer. This situation best illustrates: a. bargaining in bad faith b. surface bargaining c. hard bargaining d. integrative bargaining Answer: c Difficulty: Moderate Skill: Application of Knowledge LO 8.4 Explain practices and procedures in traditional adversarial bargaining.

21. Which of the following is correct regarding first contract arbitration: a. It will be imposed whenever the union and the employer cannot negotiate a first agreement. b. It is available only on the application of the union. c. It could be used to achieve a significant breakthrough in a collective agreement. d. It discourages employers from taking unreasonable positions in negotiations.

Answer: d Difficulty: Moderate Skill: Concept LO 8.4 Explain practices and procedures in traditional adversarial bargaining.

22. An employer is preparing to negotiate the renewal of a collective agreement. The employer anticipates that the union will be seeking a 3 percent wage increase and anticipates that the union will begin negotiations by asking for a 5 percent increase. The employer is willing to provide a 4 percent wage increase although it would prefer to keep the wage increase to 2.5 percent. The employer is planning on proposing a 2 percent wage increase at the start of negotiations. Which of the following is correct: a. The employer’s resistance point is 3 percent. b. The employer’s resistance point is 4 percent. c. The employer’s target point is 4 percent. d. The employer’s resistance point is 5 percent.

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Answer: b Difficulty: Moderate Skill: Application of Knowledge LO 8.4 Explain practices and procedures in traditional adversarial bargaining.

23. In contract negotiation the union’s resistance point on the issue of wages is: a. the maximum amount the union anticipates the employer is willing to pay b. the wage increase that the union will request at the beginning of negotiations c. the union’s estimate of the amount the employer will offer d. the lowest wage increase that the union would agree to Answer: d Difficulty: Moderate Skill: Concept LO 8.4 Explain practices and procedures in traditional adversarial bargaining.

24. The settlement zone is: a. the overlap between the union and management resistance points b. the overlap between the union and management target points c. the final stage of negotiations in which an agreement is reached d. the difference between the union's resistance and target points Answer: a Difficulty: Moderate Skill: Concept LO 8.4 Explain practices and procedures in traditional adversarial bargaining.

25. Which of the following is the least likely to be a factor affecting the bargaining power of the union: a. the timing of a strike b. the size of the strike fund c. the commitment of employees to the demands made by the union d. the age of employees Answer: d Difficulty: Moderate Skill: Concept LO 8.4 Explain practices and procedures in traditional adversarial bargaining.

26. The Framework of Fairness agreement between Magna and the CAW provides that: a. If the parties cannot negotiate a collective agreement the terms of the agreement will be determined by referring mediation. b. If the parties can negotiate a collective agreement the terms of the agreement will be Copyright © 2024 Pearson Canada Inc. 107

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determined by referring to a mediator. c. There will be no strike or lockout. d. The union can call a strike without having a strike vote.

Answer: c Difficulty: Moderate Skill: Concept LO 8.4 Explain practices and procedures in traditional adversarial bargaining.

27. Which one of the following is considered as a principle for interest-based bargaining outlined in Getting To Yes: a. focus on interests not positions b. invent options for management gain c. never separate the people from the problem d. using objective criteria randomly Answer: a Difficulty: Moderate Skill: Concept LO 8.7 Describe the principles of interest-based bargaining.

28. Which of the following statements expresses an interest, as opposed to a demand: a. We are concerned about job security; we need a ban on contracting out. b. We must reduce costs by reducing the time spent on training. c. We need to prevent repetitive strain injury. d. We must increase productivity; we have to have technological change.

Answer: c Difficulty: Moderate Skill: Application of Knowledge LO 8.7 Describe the principles of interest-based bargaining.

29. In order to adopt interest-based bargaining the union and the employer should: a. replace management and union leaders b. engage in joint training relating to interest-based bargaining c. use a mediator d. a, b, and c Answer: b Difficulty: Moderate Skill: Application of Knowledge LO 8.7 Describe the principles of interest-based bargaining.

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30. Which of the following represent bargaining power for the organization? a. High inventory levels b. Highly interdependent operations c. High competition in the employer’s business sector d. a & c Answer: a Difficulty: Moderate Skill: Application of Knowledge LO 8.7 Describe the principles of interest-based bargaining.

31. Which of the following is correct regarding first contract arbitration: a. It will be imposed whenever the union and the employer cannot negotiate a first agreement. b. It is available only on the application of the union. c. It could be used to achieve a significant breakthrough in a collective agreement. d. It discourages unions from taking unreasonable positions in negotiations.

Answer: d Difficulty: Moderate Skill: Application of Knowledge LO 8.1 Identify the factors and significance of the bargaining structure.

Essay Questions 1. Explain the meaning and significance of bargaining structure.

Bargaining structure refers to the number of unions, employers and locations or establishments involved in contract negotiations. More unions, locations or organizations make union bargaining more powerful.

2. Explain the difference between centralized and decentralized bargaining and provide an illustration for each one.

Centralized bargaining refers to contract negotiations that involve one or more of the following: multiple employers instead of a single employer; multiple establishments instead of a single establishment; and multiple unions instead of a single union. Centralization reduces the number of rounds of contract negotiations. Centralization is not a yes-or-no issue; rather, negotiations should be viewed as being more or less centralized. Decentralized bargaining is a more common form of negotiations involving one employer and one union representing employees at one location.

3. Describe the sub-processes in negotiations identified by Walton and McKersie.

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Although some issues are distributive in nature—that is, a gain for one party necessarily involves a loss for the other—there may be room for an integrative approach on other issues.

The relationship between the parties is important. The relationship could be a factor determining whether an agreement is reached and the contents of the agreement. Intra-organizational issues affect negotiators. Before negotiations, each side will have to work to obtain a consensus on their demands; after an agreement is reached, both may have to convince their constituents to ratify the agreement.

4. Describe the factors affecting the union-management relationship.

The relationship between the union and the employer can be classified into one of five types: conflict, containment-aggression, accommodation, cooperation and collusion.

5. 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.

1. Experience with the collective agreement 2. Grievances and arbitration decisions 3. Feedback from managers 4. Strategic business plans 5. Short- and long-range economic forecasts 6. Contract settlements, by industrial sector and regional or local area

6. Your employer has assigned you to the organizational bargaining team and you will be meeting with the union negotiating team shortly. You have been asked about the duty to bargain in good faith. Explain this duty and make four recommendations to ensure that the employer meets its obligation to bargain in good faith.

Good faith is interpreted as having both the union and management negotiators be present and listening to proposals; articulating positions in favour of their proposals and refuting the terms and conditions voiced by the other negotiating team; and making a serious attempt to find common ground on a settlement of the terms and conditions raised in collective bargaining 7.

Describe four hardball tactics that could be used in contract negotiation.

A good cop/bad cop routine. As the name suggests, this tactic involves one negotiator playing the Copyright © 2024 Pearson Canada Inc. 110

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role of the bad cop, making threats and offering poor terms, and the other negotiator playing the role of the good cop, attempting to reach an agreement. In labour negotiations, this might involve negotiators taking on the role of the good cops and blaming the tough position being taken on people who are higher in the organization who are not at the bargaining table.

•

The highball or lowball approach. This involves making an opening offer that is deliberately high or low. It is used to try to convince the other side that they need to re-evaluate their position. An example in labour negotiations would be an employer making an initial monetary offer that provided for wage concessions or a wage freeze. The tactic involves pretending that an issue of little importance is significant so that it can subsequently be given up to obtain a concession from the other side.

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A nibble approach. Here the party asks for a small concession on an item that has not previously been discussed in order to finalize the agreement. In labour negotiations, an example would be asking for additional vacation benefits at the last minute when vacations had not previously been discussed. This tactic may violate the duty to bargain in good faith.

•

Playing chicken. This refers to one side threatening the other side to force them to agree on terms that are favourable to the party making the threat. It is important to note that this practice is illegal. An example would be management advising the union that if its offer is not accepted the employer will shut down plant operations and layoff members.

8. Describe the nature and significance of first contract arbitration.

Stage One: Establishing the Negotiation Range. In this stage, each side explains its concerns and positions on the issues. The union will typically proceed first with the presentation of written demands and an explanation of the demands. Each chief spokesperson will attempt to forcefully present his or her side’s position—stressing why the issue is important and perhaps hinting at the bargaining team’s willingness to push very hard for its demand. This phase may take several meetings. Each side proceeds with a reveal and conceal strategy, revealing their initial demand statement but concealing how far they are prepared to move away from that position in order to achieve a mutually agreed-upon settlement on the particular issue.

Stage Two: Search Phase. After stage one, both parties enter the longest phase represented by stage two and continue through the reveal and conceal process. Stage two will involve bluffing and other tactics, as discussed below. It is typical for each party to advance rather straightforward and low priority issues at the beginning of stage two. Early agreement on lowerpriority issues allows a sense of momentum to build in negotiations. Non-monetary issues— items that do not involve a direct financial cost, such as the number of days to file a grievance—are usually addressed before monetary issues. Monetary issues—relating to wages, benefits, or vacation allowance.—are matters that involve a financial cost. There is a very practical reason for the union to prefer to deal with the critical monetary issues last. If no agreement is reached, the ultimate union weapon is a strike. But this is only an effective threat if employees are willing, and employees would be more likely to support a strike over the core Copyright © 2024 Pearson Canada Inc. 111

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monetary issues.

9. Define and illustrate the union's resistance point, target point, and initial demand and management's resistance point, target point and initial offer for the issue of wages when there is a settlement zone.

The resistance point is the party’s bottom line—the point it will refuse to go below (or above, as the case may be). If a union’s resistance point on wages is a 2 percent increase, the union would go on strike before agreeing to any increase less than 2 percent. If the employer’s resistance point is a 2.75 percent wage increase, this means it would endure a strike or impose a lockout rather than go any higher.

The target point is the result a party hopes to obtain. Although a union thinks it will not accept anything less than a 2 percent wage increase going into negotiations, the union hopes to achieve a greater increase, for example, a 3 percent increase. Similarly, the employer will have a target point it hopes to achieve.

Each party will have an initial position on each issue at the start of negotiations. If the union has a target position to achieve a 3 percent wage increase, it will have to initially demand more than that amount. Similarly, the employer will have to begin negotiations by providing less in its initial offer than it is willing to pay, so that it has room to increase its offer.

10. Explain and provide an example of the concept of a settlement zone in contract negotiations.

Where there is an overlap of the resistance points between negotiating teams, there is a contract zone or settlement zone within which the two parties should be able to reach an agreement.

11. Explain five factors that would increase the bargaining power of an employer in contract negotiations.

The bargaining power of the union and the employer will be affected by external economic, social and legal factors and internal factors including the commitment of employees to the demands of the union.

12. Describe how interest-based bargaining is different from traditional adversarial bargaining.

Interest-based bargaining is an approach to negotiations in which the parties use problem solving and attempt to find a settlement that produces gains for both.

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Chapter 9 Strikes, Lockouts, and Contract Dispute Resolution True/False 1. A conciliation officer is an individual the union and the employer pay to help them resolve a contract dispute.

Answer: False Difficulty: Easy Skill: Concept LO 9.5 Describe other methods to resolve contract disputes.

2. A conciliation board has representatives from the union, the employer, and the government.

Answer: False Difficulty: Easy Skill: Concept LO 9.5 Describe other methods to resolve contract disputes.

3. The conciliation process has advantages and disadvantages.

Answer: True Difficulty: Easy Skill: Concept LO 9.5 Describe other methods to resolve contract disputes.

4. A mediator is a third party who hears evidence from the union and the employer and then decides the terms of a collective agreement.

Answer: False Difficulty: Easy Skill: Concept LO 9.5 Describe other methods to resolve contract disputes.

5. A mediator may help the parties reach a collective agreement by suggesting new alternatives they have not previously considered.

Answer: True Difficulty: Easy Skill: Concept LO 9.5 Describe other methods to resolve contract disputes.

6. 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 Copyright © 2024 Pearson Canada Inc. 107

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arbitrator at a later date.

Answer: True Difficulty: Easy Skill: Concept LO 9.5 Describe other methods to resolve contract disputes.

7. The narcotic effect is a potential problem in interest arbitration.

Answer: True Difficulty: Easy Skill: Concept LO 9.5 Describe other methods to resolve contract disputes 8. Final offer selection is a form of arbitration that should encourage the parties to negotiate a collective agreement without third party assistance.

Answer: True Difficulty: Easy Skill: Concept LO 9.5 Describe other methods to resolve contract disputes.

9. Final offer selection is the form of arbitration preferred by unions.

Answer: False Difficulty: Easy Skill: Concept LO 9.5 Describe other methods to resolve contract disputes.

10. Second contract arbitration, where either the union or the employer can apply to have the terms of the collective agreement settled by arbitration, is available in all jurisdictions.

Answer: False Difficulty: Easy Skill: Concept LO 9.5 Describe other methods to resolve contract disputes 11. Back-to-work legislation always establishes the terms for a collective agreement.

Answer: False Difficulty: Easy Skill: Concept LO 9.4 Explain the role of government intervention in contract disputes.

12. In the private sector direct bargaining between the union and employer has resulted in a Copyright © 2024 Pearson Canada Inc. 108

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collective agreement in approximately half of negotiations.

Answer: True Difficulty: Easy Skill: Concept .

LO 9.5 Describe other methods to resolve contract disputes 13. Back-to-work legislation has been used to end contract disputes in both the public and private sector.

Answer: True Difficulty: Easy Skill: Concept LO 9.4 Explain the role of government intervention in contract disputes.

14. If two employees remain on the job; however, they deliberately reduce output, they are engaging in a strike.

Answer: True Difficulty: Easy Skill: Concept LO 9.3 Identify factors affecting strikes and lockout activity.

15. A strike may also be referred to as economic sanctions or industrial action.

Answer: True Difficulty: Easy Skill: Concept LO 9.1 Describe the purpose of strikes and lockouts.

16. In the private sector 80 percent of collective agreements are negotiated without a strike.

Answer: False Difficulty: Easy Skill: Concept LO 9.1 Describe the purpose of strikes and lockouts.

17. Strikes serve a useful function because they may force negotiators to make concessions necessary to reach an agreement.

Answer: True Difficulty: Easy Skill: Concept LO 9.1 Describe the purpose of strikes and lockouts.

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18. Strikes are caused only by economic factors including the union’s wage demands and the employer’s ability to pay.

Answer: False Difficulty: Easy Skill: Concept LO 9.1 Describe the purpose of strikes and lockouts.

19. Larger bargaining units are more likely to be involved in strikes.

Answer: True Difficulty: Easy Skill: Concept LO 9.1 Describe the purpose of strikes and lockouts.

20. The collective voice approach views strikes as mistakes that could be avoided.

Answer: False Difficulty: Easy Skill: Concept LO 9.3 Identify factors affecting strikes and lockout activity.

21. For a strike to be legal the union members in the bargaining unit must approve the strike by a secret ballot vote.

Answer: False Difficulty: Easy Skill: Concept LO 9.2 Outline the prerequisites for a strike or lockout.

22. In all situations where there is an illegal strike the union will be liable for any damages incurred by the employer.

Answer: False Difficulty: Easy Skill: Concept LO 9.3 Identify factors affecting strikes and lockout activity.

23. Legally a picket line can only be established to inform or persuade the public.

Answer: True Difficulty: Easy Skill: Concept LO 9.3 Identify factors affecting strikes and lockout activity.

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24. Strike pay is equivalent to an employee’s regular earnings.

Answer: False Difficulty: Easy Skill: Concept LO 9.3 Identify factors affecting strikes and lockout activity.

25. In most jurisdictions legislation provides that when a strike ends, striking employees must be reinstated.

Answer: True Difficulty: Easy Skill: Concept LO 9.4 Explain the role of government intervention in contract disputes.

26. In Canada work stoppages that involve 100 or more working days lost are counted as a strike.

Answer: False Difficulty: Easy Skill: Concept LO 9.2 Outline the prerequisites for a strike or lockout.

27. In most jurisdictions the union and the employer must obtain third-party assistance before a legal strike or lockout can occur.

Answer: True Difficulty: Easy Skill: Concept LO 9.2 Outline the prerequisites for a strike or lockout.

28. The frequency of strikes in Canada has been increasing since 1990.

Answer: False Difficulty: Easy Skill: Concept LO 9.1 Describe the purpose of strikes and lockouts.

29. An employer may force the employees to vote to accept a final offer from the organization.

Answer: True Difficulty: Easy Skill: Concept LO 9.3 Identify factors affecting strikes and lockout activity.

30. Secondary picketing is typically illegal in Canada.

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Answer: False Difficulty: Easy Skill: Concept LO 9.4 Explain the role of government intervention in contract disputes.

31. If an agreement contains a provision that employees can refuse to work with goods associated with an employer engaged in a strike is known as a hot cargo clause.

Answer: True Difficulty: Easy Skill: Concept LO 9.2 Outline the prerequisites for a strike or lockout.

Multiple Choice 1. Which of the following is a process in which a third party decides the terms of a collective agreement: a. fact-finding b. conciliation c. arbitration d. mediation Answer: c Difficulty: Moderate Skill: Concept LO 9.5 Describe other methods to resolve contract disputes.

2. Labour relations legislation in all jurisdictions provides for which of the following; a. conciliation officers b. a conciliation board c. fact-finding d. mediation Answer: d Difficulty: Moderate Skill: Concept LO 9.4 Explain the role of government intervention in contract disputes.

3. In jurisdictions that provide for a conciliation board, which of the following is correct: a. The board determines the terms of the collective agreement.

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b. The board reports to the minister responsible for labour relations. c. The board members are chosen by the union. d. The board uses final offer selection.

Answer: b Difficulty: Moderate Skill: Concept LO 9.4 Explain the role of government intervention in contract disputes.

4. Which of the following is correct regarding arbitration, conciliation, and mediation: a. All three produce a binding resolution of a contract dispute. b. Only conciliation produces a binding resolution of a contract dispute. c. Only mediation produces a binding resolution of a contract dispute. d. Only arbitration produces a binding resolution of a contract dispute.

Answer: d Difficulty: Moderate Skill: Concept LO 9.5 Describe other methods to resolve contract disputes.

5. Which of the following is correct regarding conciliation: a. It produces a final contract settlement. b. It is a form of arbitration. c. It is required in most jurisdictions before a strike or lockout is lawful. d. It is required before a grievance is referred to arbitration.

Answer: c Difficulty: Moderate Skill: Concept LO 9.5 Describe other methods to resolve contract disputes.

6. Interest arbitration has been criticized because: a. there is a chilling effect b. there is not a narcotic effect c. it decreases hostility between the parties it may prolong a strike Answer: a Difficulty: Moderate Skill: Concept LO 9.5 Describe other methods to resolve contract disputes.

7. An employer has terminated an employee for alleged misconduct and the union has filed a grievance. If the grievance is not settled it will be resolved using: a. interest arbitration b. rights arbitration Copyright © 2024 Pearson Canada Inc. 113

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c. mediation d. conciliation Answer: b Difficulty: Moderate Skill: Concept LO 9.5 Describe other methods to resolve contract disputes.

8. The chilling effect of interest arbitration refers to the possibility that: a. hostility between negotiators is increased b. negotiators may become dependent upon a third party making a decision for them c. the process is expensive d. there may be no incentive for negotiators to make concessions necessary to reach an agreement Answer: d Difficulty: Moderate Skill: Concept LO 9.5 Describe other methods to resolve contract disputes.

9. 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. total package final offer selection d. mediation-arbitration Answer: c Difficulty: Moderate Skill: Application of Knowledge LO 9.5 Describe other methods to resolve contract disputes.

10. A potential problem with a final offer selection is that: a. It creates winners and losers, which may cause hostility. b. It does not encourage the parties to negotiate their own agreement. c. It causes a narcotic affect. d. It causes a chilling effect.

Answer: a Difficulty: Moderate Skill: Concept LO 9.5 Describe other methods to resolve contract disputes.

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11. Which of the following is correct regarding first contract arbitration: a. It is favourable to unions. b. It is required in all jurisdictions. c. It is favourable to employers. d. It is granted upon request in most jurisdictions.

Answer: a Difficulty: Moderate Skill: Concept LO 9.5 Describe other methods to resolve contract disputes.

12. Which of the following is correct regarding contract dispute resolution: a. Interest arbitration is used to the same extent in the private and public sectors. b. Back-to-work legislation has been used to resolve disputes in the public sector, but not in the private sector. c. Half of collective agreements are negotiated between the parties without outside assistance or intervention. d. Final offer selection is a widely used form of third party assistance.

Answer: c Difficulty: Moderate Skill: Concept LO 9.5 Describe other methods to resolve contract disputes.

13. Which of the following is a strike: a. Abdu, an employee refusesto work b. Ian and Robert, employees, continue to work but acting together to restrict output c. Jie and Petra, employees, pickete the employer’s premises during non-work hours Manuela, a manager, restricting outputAnswer: b Difficulty: Moderate Skill: Application of Knowledge LO 9.2 Outline the prerequisites for a strike or lockout.

14. What percentage of contract negotiations in the private the sector involve a strike: a. 30 percent b. 25 percent c. 20 percent d. 10 percent Answer: d Difficulty: Moderate Skill: Concept LO 9.3 Identify factors affecting strikes and lockout activity.

15. Which the following is correct: Copyright © 2024 Pearson Canada Inc. 115

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a. b. c. d.

Chapter 9 Strikes, Lockouts, and Contract Dispute Resolution

Prohibiting strikes may lead to alternative forms of employee protest.

The majority of contract negotiations involve a strike.

A strike means that employees refuse to enter the employer’s premises.

A work to rule campaign has no connection with a strike.

Answer: a Difficulty: Moderate Skill: Concept LO 9.3 Identify factors affecting strikes and lockout activity.

16. A work to rule campaign occurs when employees: a. stop working at different locations at different times b. restrict output by strictly following work procedures c. encourage customers of the employer to do business elsewhere d. refuse overtime Answer: b Difficulty: Moderate Skill: Concept LO 9.3 Identify factors affecting strikes and lockout activity.

17. Which of the following is correct: a. Strikes are not allowed in the public sector. b. A strike could be necessary to reach a contract settlement. c. Strike pay eliminates the adverse economic consequences of strikes. d. A strike means that the employer and the union have not been able to agree on compensation.

Answer: b Difficulty: Moderate Skill: Concept LO 9.3 Identify factors affecting strikes and lockout activity.

18. Which of the following is the least likely to cause a strike: a. inexperienced negotiators b. conflict within the union bargaining team c. hostility between employer and union negotiators d. provisions for the reopening of contract negotiations during the term of an agreement Answer: d Difficulty: Moderate Skill: Concept LO 9.3 Identify factors affecting strikes and lockout activity.

19. Which of the following is correct regarding a strike: Copyright © 2024 Pearson Canada Inc. 116

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a. A strike vote must be held, and the strike must be approved by bargaining unit employees. b. A strike vote must be held, and the strike must be approved by employees in the bargaining unit who are union members. c. A strike cannot commence until the last three months of an expiring collective agreement. d. A strike notice is required in all jurisdictions.

Answer: a Difficulty: Moderate Skill: Concept LO 9.3 Identify factors affecting strikes and lockout activity.

20. A union may legally strike if: a. the employer does not comply with an order of an arbitrator b. the employer refuses to implement a safety program c. other requirements for a strike have been met and any collective agreement has expired d. the employer has established an unreasonable rule or policy.

Answer: c Difficulty: Moderate Skill: Concept LO 9.3 Identify factors affecting strikes and lockout activity.

21. Which of the following are associated with an increased incidence of strikes: a. an economic decline b. a ban on the use of replacement workers c. more experienced negotiators d. reduced organizational sales e.

Answer: b Difficulty: Moderate Skill: Concept LO 9.3 Identify factors affecting strikes and lockout activity.

22. Before there can be a legal strike which of the following is/are required: a. a strike vote b. the expiration of organizational policies c. a vote on the employer's last offer employee dissatisfaction

Answer: a Difficulty: Moderate Skill: Concept LO 9.3 Identify factors affecting strikes and lockout activity.

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23. In the event of a strike, which of the following is correct: a. Employees can prohibit entry to the premises by picketing. b. Employees cannot picket at a location other than their workplace. c. Striking employees cannot work for other employers. d. The employer is allowed to use replacement workers in most jurisdictions.

Answer: d Difficulty: Moderate Skill: Concept LO 9.3 Identify factors affecting strikes and lockout activity.

24. The law allows picketing for the purpose of: a. preventing customers from entering the employer’s property b. preventing suppliers from entering the employer’s property c. providing information to the public d. preventing employees from entering the employer’s property Answer: c Difficulty: Moderate Skill: Concept LO 9.2 Outline the prerequisites for a strike or lockout.

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25. Which of the following is correct: a. A vote is not required to authorize a strike unless the union’s constitution requires a vote. b. In a vote to authorize a strike only union members in the bargaining unit are allowed to vote. c. Secondary picketing is never allowed. d. At least one study has established that the grievance rate is higher for employees who are not allowed to strike.

Answer: d Difficulty: Moderate Skill: Concept LO 9.2 Outline the prerequisites for a strike or lockout.

26. Is a clause that allows employees to refuse to use material or goods from another employer who is on strike permitted? a. This is a form of secondary picketing and is not permitted in most jurisdiction b. It may be included in a collective agreement and is known as a hot cargoclause c. Is permitted in most legislation in Canada d. It is not permitted for government employees as they are an essential service Answer: b Difficulty: Moderate Skill: Concept LO 9.2 Outline the prerequisites for a strike or lockout.

27. A work to rule campaign includes: a. Restricting output and an refusing overtime in collaboration with other employees b. Restricting output and refusing new assignments c. Refusing overtime and new assignments d. Performing the minimum requirements of the job Answer: a Difficulty: Moderate Skill: Concept LO 9.3 Identify factors affecting strikes and lockout activity.

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Essay Questions 1. Discuss the following statement, "Strikes may be a cause for concern; however, strikes also serve legitimate purposes."

Strikes serve several legitimate purposes in the labour relations system. Although it may sound strange, strikes can be a way to resolve conflict. There is evidence that where strikes are not allowed, conflict emerges in a different form, such as union grievances. In one study, it was found that the grievance rate for employees who were not allowed to strike was significantly higher than the rate for employees who could strike. The possibility of a strike may cause negotiators to make required concessions to reach an agreement. After a strike starts, the union and the employer will be forced to re-evaluate their most recent bargaining positions. A strike might also play a part in intra-organizational bargaining, by bringing the expectations of bargaining unit members into line with what the bargaining team can achieve.

For many people, a reference to unions or labour relations leads to negative thoughts about strikes. Periodically news reports contain references to exceptionally long strikes or clashes between pickets and police. Before examining the significance of strikes, it should be noted that some perceptions about them may be incorrect.

2.

Explain five factors that could affect the incidence of strikes.

Differences in information between union and employer Economic environment Bargaining unit characteristics Internal conflicts within the union or employer The relationship between the union and the employer Negotiators’ skill and experience Bargaining history Legislative environment Employee discontent

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3. Explain and differentiate between conciliation, mediation, and arbitration.

The concept of conciliation, dates back in early Canadian labour relations history with the passage of The Conciliation Act (1900). In contemporary times, some, but not all, of the principles of this historical law remain in place. In all jurisdictions except British Columbia and Alberta, labour legislation provides for a conciliation process. There is either a one-stage conciliation process involving either a conciliation officer or a conciliation board, or a two-stage process involving a conciliation officer and then a conciliation board if no settlement is reached with the conciliation officer. Conciliation officers are government ministry employees who confer with the parties, endeavour to help them reach an agreement and report back to the labour minister on the likelihood of a settlement between the parties on the outstanding bargaining issues in dispute. Conciliation officers function as facilitators; they do not have any authority over the parties and do not make recommendations regarding the terms of the dispute. In most jurisdictions, the labour minister may appoint a conciliation officer when either or both of the parties make a request to the ministry or the labour minister may on his or her own initiate the appointment.

CONCILIATION

In Alberta and British Columbia, the legislation refers to mediation instead of conciliation. In all other jurisdictions, the legislation allows for the appointment of mediator instead of, or in addition to, the conciliation process. Mediators attempt to assist the parties to reach an agreement. They cannot force a settlement of a disputed issue on the bargaining teams.

There are numerous policies relating to the role of mediators across Canadian jurisdictions and the main alternatives will be considered here.

MEDIATION

ARBITRATION is a completely different form of third-party assistance because the arbitrator

makes a final and binding decision establishing the terms of the collective agreement after hearing the parties. The arbitration of a collective bargaining dispute is referred to as interest arbitration.

4. Explain two problems associated with interest arbitration.

Establishing arbitration as the final dispute-resolution mechanism may hinder the parties negotiating a collective agreement on their own. It has been argued that arbitration may have a chilling effect on negotiation, meaning the parties may be discouraged from making concessions that might lead to an agreement. Consider the issue of wages and suppose the union is demanding a 4 percent increase and the employer is offering a 1 percent increase. Assuming that an arbitrator would order a wage increase somewhere between the parties’ positions, the employer or the union may decide it would end up better off if it made no concessions before arbitration. It has also been suggested that arbitration may have a narcotic effect. Negotiators may become overly dependent on an arbitrator deciding difficult issues for them instead of making the tough decisions required to reach an agreement. Another way to view the narcotic effect is that it may be safer for union or employer negotiators to say they did their best and that the agreement was the decision, often characterized as the fault of the arbitrator.5. Explain the nature of and the rationale behind final offer selection.An Copyright © 2024 Pearson Canada Inc. 121

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alternative form of interest arbitration may avoid the problems associated with traditional or conventional arbitration. Final offer selection is a form of arbitration in which both the union and the employer submit their final offer to the arbitrator, who chooses one of the offers. The terms provided in the selected offer are incorporated into the collective agreement.

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Chapter 10 Administration of the Collective Agreement True/False 1.

The number of steps in the grievance process is determined by legislation.

Answer: False Difficulty: Easy Skill: Concept LO 10.5 Outline the formal and informal steps of the grievance procedure.

2. Employers who have a claim against an employee because of a violation of the collective agreement must file a grievance.

Answer: True Difficulty: Easy Skill: Concept LO 10.5 Outline the formal and informal steps of the grievance procedure.

3. The grievance process benefits employees and unions, but not employers.

Answer: False Difficulty: Easy Skill: Concept LO 10.5 Outline the formal and informal steps of the grievance procedure.

4. An employee who has been assigned overtime in contravention of the collective agreement can refuse the work assignment.

Answer: False Difficulty: Easy Skill: Concept LO 10.1 Identify possible limitations on the exercise of management rights.

5. The obey now, grieve later principle means that an employee can never refuse to comply with a management directive.

Answer: False Difficulty: Easy Skill: Concept LO 10.1 Identify possible limitations on the exercise of management rights.

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6. Union leaders could use the grievance procedure for political purposes.

Answer: True Difficulty: Easy Skill: Concept LO 10.5 Outline the formal and informal steps of the grievance procedure.

7. The grievance process could be viewed as part of the voice mechanism which unions provide.

Answer: True Difficulty: Easy Skill: Concept LO 10.5 Outline the formal and informal steps of the grievance procedure.

8. The grievance rate is related to the relationship between the employer and the union.

Answer: True Difficulty: Easy Skill: Concept LO 10.5 Outline the formal and informal steps of the grievance procedure.

9. An employee has been terminated and the union filed a grievance. The employee will determine whether the grievance is referred to arbitration.

Answer: False Difficulty: Easy Skill: Concept 10. LO 10.5 Outline the formal and informal steps of the grievance procedure.Waiver is a legal concept referring to the principle that discussions aimed at settling a grievance cannot be referred to at an arbitration hearing.

Answer: False Difficulty: Easy Skill: Concept LO 10.5 Outline the formal and informal steps of the grievance procedure.

11. A very small percentage of grievances filed, approximately 2 to 3 percent, proceed to arbitration.

Answer: True Difficulty: Easy Skill: Concept LO 10.5 Outline the formal and informal steps of the grievance procedure.

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12. Rights arbitration involves a hearing to settle the terms of a collective agreement.

Answer: False Difficulty: Easy Skill: Concept LO 10.4 Explain the significance and functions of the grievance and arbitration process.

13. Interest arbitration involves a hearing to settle the terms of a collective agreement.

Answer: True Difficulty: Easy Skill: Concept LO 10.4 Explain the significance and functions of the grievance and arbitration process.

14. Whether the parties use an arbitration board, or single arbitrator, or some other form of arbitration is set out in the collective agreement.

Answer: True Difficulty: Easy Skill: Concept LO 10.4 Explain the significance and functions of the grievance and arbitration process.

15. An agreed statement of facts will shorten the length of an arbitration hearing.

Answer: True Difficulty: Easy Skill: Concept LO 10.4 Explain the significance and functions of the grievance and arbitration process.

16. An argument in the alternative is an alternative position the union or the employer takes in the event that their primary argument is not accepted by the arbitrator.

Answer: True Difficulty: Easy Skill: Concept LO 10.4 Explain the significance and functions of the grievance and arbitration process.

17. Arbitrability means that a party makes an alternative argument they wish the arbitrator to accept if their primary argument is rejected.

Answer: False Difficulty: Easy Skill: Concept LO 10.4 Explain the significance and functions of the grievance and arbitration process.

18. At an arbitration hearing dealing with the issue of the discharge of an employee the employer’s witnesses have failed to establish that the employee was guilty of misconduct. In this situation Copyright © 2023 Pearson Canada Inc. 119

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the union should not call any evidence.

Answer: True Difficulty: Easy Skill: Concept LO 10.4 Explain the significance and functions of the grievance and arbitration process.

19. An arbitrator has the authority to deal with all disputes between the union and the employer.

Answer: False Difficulty: Easy Skill: Concept LO 10.4 Explain the significance and functions of the grievance and arbitration process.

20. Arbitrators have the authority to order employers to reinstate employees and pay damages.

Answer: True Difficulty: Easy Skill: Concept LO 10.4 Explain the significance and functions of the grievance and arbitration process.

21. The decisions of arbitrators are not subject to review.

Answer: False Difficulty: Easy Skill: Concept LO 10.7 State problems with grievance arbitration and identify alternatives.

22. Although an employer wins an arbitration decision it will still have to pay for half of the arbitrator’s fees in most situations.

Answer: True Difficulty: Easy Skill: Concept LO 10.7 State problems with grievance arbitration and identify alternatives.

23. It is possible that an employer cannot enforce the terms of the collective agreement because of verbal statements the employer has made to the union or employees.

Answer: True Difficulty: Easy Skill: Concept LO 10.1 Identify possible limitations on the exercise of management rights.

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24. Rules made by the employer must be reasonable and consistent with the collective agreement.

Answer: True Difficulty: Easy Skill: Concept LO 10.1 Identify possible limitations on the exercise of management rights.

25. Whenever an employee has been convicted of a crime for conduct away from the job the employer is allowed to terminate the employee.

Answer: False Difficulty: Easy Skill: Concept LO 10.8 Describe the disciplinary measures that are available to the employer.

26. Employers can impose the following discipline on employees guilty of misconduct: suspension, termination, and fines.

Answer: False Difficulty: Easy Skill: Concept LO 10.8 Describe the disciplinary measures that are available to the employer.

27. Culminating incident is a doctrine providing that an employer can conduct a review of the employee’s record on a periodic basis and discharge the employee for past misconduct.

Answer: False Difficulty: Easy Skill: Concept LO 10.8 Describe the disciplinary measures that are available to the employer.

28. An employer cannot impose a one-week suspension on an employee guilty of misconduct and then after further review of the misconduct decide that the suspension should be increased to two weeks.

Answer: True Difficulty: Easy Skill: Concept LO 10.8 Describe the disciplinary measures that are available to the employer.

29. If the employer fails to impose discipline within the time provided for in the collective agreement, an arbitrator could order that the discipline be reversed.

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Skill: Concept LO 10.8 Describe the disciplinary measures that are available to the employer.

30. When an arbitrator reviews the discipline imposed by the employer for employee misconduct, the arbitrator can increase the discipline.

Answer: False Difficulty: Easy Skill: Concept LO 10.8 Describe the disciplinary measures that are available to the employer.

31. When an arbitrator determines whether a suspension imposed by an employer for breaking an organization rule should be upheld, one factor is the consistency of the enforcement of the rule by the employer.

Answer: True Difficulty: Easy Skill: Concept LO 10.8 Describe the disciplinary measures that are available to the employer.

32. The employer and the union could agree that an employee who has been terminated be reinstated if the employee complies with certain conditions.

Answer: True Difficulty: Easy Skill: Concept LO 10.8 Describe the disciplinary measures that are available to the employer.

33. Employers can safely rely on the deemed termination provision in the collective agreement as long as the employee has been absent for the time specified.

Answer: False Difficulty: Easy Skill: Concept 34. LO 10.2 Explain how seniority might affect the placement, layoff, and recall of employees.The management rights article allows the employer to establish the requirements for a job without the possibility of a challenge by the union.

Answer: False Difficulty: Easy Skill: Concept LO 10.8 Describe the disciplinary measures that are available to the employer.

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35. Employees on layoff should be notified of any job vacancies posted.

Answer: True Difficulty: Easy Skill: Concept 36. LO 10.2 Explain how seniority might affect the placement, layoff, and recall of employees.A reduction in hours for all employees is a constructive lay off.

Answer: False Difficulty: Easy Skill: Concept LO 10.9 Apply discipline in compliance with the collective agreement and the law.

37. When assessing skill and ability of employees, employers are allowed to use testing and interviews.

Answer: True Difficulty: Easy Skill: Concept LO 10.9 Apply discipline in compliance with the collective agreement and the law.

38. A last chance agreement can impose any conditions upon the employee that the employee and the union agree to.

Answer: False Difficulty: Easy Skill: Concept LO 10.8 Describe the disciplinary measures that are available to the employer.

39. The duty to accommodate does not require the union to agree to a variation from the seniority provisions in the collective agreement.

Answer: False Difficulty: Easy Skill: Concept LO 10.9 Apply discipline in compliance with the collective agreement and the law.

40. When it is established that an employee’s absenteeism is innocent, the employer cannot dismiss the employee.

Answer: False Difficulty: Easy Skill: Concept LO 10.9 Apply discipline in compliance with the collective agreement and the law.

41. The union’s duty of fair representation requires the union to take all grievances to arbitration.

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Answer: False Difficulty: Easy Skill: Concept LO 10.10 Describe the union’s duty of fair representation and indicate how the employer could be affected.

42. Expedited arbitration is an alternative provided in some collective agreements.

Answer: True Difficulty: Easy Skill: Concept LO 10.10 Describe the union’s duty of fair representation and indicate how the employer could be affected.

43. The proponents of grievance mediation contend that it has the potential to allow the parties to develop a solution to a dispute which would be better than an award made by an arbitrator.

Answer: True Difficulty: Easy Skill: Concept LO 10.10 Describe the union’s duty of fair representation and indicate how the employer could be affected.

44. Employers should pursue grievance mediation with all grievances.

Answer: False Difficulty: Easy Skill: Concept LO 10.10 Describe the union’s duty of fair representation and indicate how the employer could be affected.

45. An employer has been providing a paid lunch for employees for several years, however there is no provision for a paid lunch in the collective agreement. The employer may stop providing this payment at any time.

Answer: False Difficulty: Easy Skill: Application of Knowledge LO 10.1 Identify possible limitations on the exercise of management rights.

46. An employer has adopted a practice of extending the duration a new hire is on probationary status for a period of time. This practice is not permitted in the collective agreement. The union will likely be successful with a grievance at arbitration.

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Difficulty: Easy Skill: Application of Knowledge LO 10.1 Identify possible limitations on the exercise of management rights.

47. Management rights provides that an employer can implement new policies that employees at any time.

Answer: False Difficulty: Easy Skill: Concept LO 10.1 Identify possible limitations on the exercise of management rights.

48. In assessing the knowledge, skills, and abilities of an employee, the job interview has the greatest significance in the selection process.

Answer: False Difficulty: Easy Skill: Concept LO 10.1 Identify possible limitations on the exercise of management rights.

49. Employees have not responsibility with respect to accommodations under Human Rights legislation.

Answer: False Difficulty: Easy Skill: Concept LO 10.3 Discuss the implications of human rights legislation for the administration of the collective agreement.

Multiple Choice 1. Collective agreements always contain a grievance and arbitration procedure that provides for: a. the number of steps in the process that the parties specify b. a number of steps as provided in the relevant labour relations legislation c. a number of steps as provided in the relevant human rights legislation d. interest arbitration if the grievance is not resolved Answer: a Difficulty: Moderate Skill: Concept LO 10.4 Explain the significance and functions of the grievance and arbitration process.

2. Which of the following is the least likely to lead to a grievance: a. The union wants to challenge a management decision. b. One of the parties appears to have violated the collective agreement.

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c. An employee is dissatisfied with the terms of the collective agreement. d. Union leaders want to put pressure on the employer.

Answer: c Difficulty: Moderate Skill: Concept LO 10.4 Explain the significance and functions of the grievance and arbitration process.

3. Which of the following has the right to file a grievance: a. the union, if the employer has been notified and been given an opportunity to correct the problem b. the employer, if the union has been notified and been given an opportunity to correct the problem c. the employer d. the union Answer: e Difficulty: Moderate Skill: Concept LO 10.4 Explain the significance and functions of the grievance and arbitration process.

4. A collective agreement provides that when overtime is assigned employees must be given six hours notice. The employer has assigned overtime providing employees with only three hours notice. What should employees and the union do in this situation: a. refuse to work the overtime b. work the overtime and sue the employer c. work the overtime; however, restrict output so that the employer will provide adequate notice in the future d. file a complaint with the Labour Relations Board Answer: e Difficulty: Moderate Skill: Application of Knowledge LO 10.4 Explain the significance and functions of the grievance and arbitration process.

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5. The grievance and arbitration process could benefit which of the following: a. employees b. labour board c. employers d. community Answer: a Difficulty: Moderate Skill: Concept LO 10.4 Explain the significance and functions of the grievance and arbitration process.

6. The grievance rate is the number of grievances: a. filed in a year b. filed during the life of a collective agreement c. that go to arbitration d. divided by the number of employees in the bargaining unit Answer: e Difficulty: Moderate Skill: Concept LO 10.4 Explain the significance and functions of the grievance and arbitration process.

7. The collective agreement provides that if a dispute between the parties cannot be settled the issue is referred to: a. the courts b. interest arbitration c. rights arbitration d. mediation Answer: c Difficulty: Moderate Skill: Concept LO 10.4 Explain the significance and functions of the grievance and arbitration process.

8. Which of the following is correct regarding the grievance and arbitration process: a. The relationship between the union and the employer affects the grievance rate. b. All grievances are resolved by an arbitrator. c. The union bears none of the cost of the grievance process. d. The union determines the form of arbitration used.

Answer: a Difficulty: Moderate Skill: Concept LO 10.4 Explain the significance and functions of the grievance and arbitration process.

9. An employer has had a long-standing practice of paying a certain benefit that is not contained in Copyright © 2023 Pearson Canada Inc. 127

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the collective agreement. The employer has decided to cut costs and stop paying the benefit. a. The union may grieve and will likely be successful due to the principle of estoppel. b. The company may reduce costs in this way under management rights. c. The union will not be successful with the grievance as they have signed the collective agreement. d. The organization must negotiate this change with the employee.

Answer: e Difficulty: Moderate Skill: Application of Knowledge LO 10.4 Explain the significance and functions of the grievance and arbitration process.

10. An employer has a rule that prohibits smoking inside the building. An employee who was caught smoking in a washroom has been suspended. The employee wants to have the suspension reduced or reversed. Which of the following is correct in most situations: a. The union must file a grievance and refer it to arbitration. b. The union must file a grievance and obtain the employee's consent to settle the grievance. c. The union can file a grievance and settle the dispute without the employee's consent. d. If the union refuses to refer a grievance to arbitration the employee can sue the employer.

Answer: c Difficulty: Moderate Skill: Application of Knowledge LO 10.4 Explain the significance and functions of the grievance and arbitration process.

11. A union filed a grievance on behalf of an employee who was terminated for alleged misconduct.

The employer subsequently sent a letter headed “without prejudice” to the union offering to settle the grievance by reinstating the employee with a 10 day suspension. The union declined the employer’s offer and the matter is proceeding to an arbitration hearing. In this situation, which of the following is correct: a. The employer is required to inform the arbitrator of the offer to settle the grievance. b. The arbitrator can consider the employer’s offer to reinstate the employee when determining the appropriate penalty. c. The employer’s offer to settle in the letter cannot be referred to at the arbitration hearing. d. The employer will be awarded costs if the arbitrator upholds the termination.

Answer: c Difficulty: Moderate Skill: Application of Knowledge LO 10.5 Outline the formal and informal steps of the grievance procedure.

12. A collective agreement provides a mandatory ten-day time limit for the union to refer a grievance to step two if it is denied at step one. If the union does not refer the grievance to step two until 25 days after it is denied at step one which of the following is correct: a. The employer should not attend the Step two meeting. b. The employer can ignore the missed time limit now and if the dispute goes to arbitration raise the issue with the arbitrator who will refuse to hear the matter because of the union's Copyright © 2023 Pearson Canada Inc. 128

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failure to comply with the agreement. c. The employer should notify the union that it is proceeding to step two; however, it reserves the right to argue that the grievance is inarbitrable because of the missed time limit. d. The grievance cannot proceed further in the process unless the employer consents.

Answer: c Difficulty: Moderate Skill: Application of Knowledge LO 10.5 Outline the formal and informal steps of the grievance procedure.

13. An employer has rules prohibiting employees from smoking on the organization’s property.

Emily was suspended for one week when caught violating the rule. The union filed a grievance and the matter was settled when the employer agreed to reduce the suspension to two days. The settlement of the grievance provided that it was on a without precedent basis. If Jim is caught smoking two weeks later which of the following is correct: a. Jim cannot be disciplined. b. The employer can impose discipline on Jim; however, the union can file a grievance if Jim is suspended. c. Jim can be suspended for only two days. d. Because of the settlement of the previous grievance the employer cannot suspend Jim without providing a prior warning.

Answer: b Difficulty: Moderate Skill: Application of Knowledge LO 10.5 Outline the formal and informal steps of the grievance procedure.

14. Which of the following is correct regarding an arbitration hearing: a. Lawyers must represent the parties. b. The hearing is normally held at the workplace. c. The arbitrator rules upon the admissibility of evidence. d. The arbitrator renders a decision immediately after the parties have made their final arguments.

Answer: c Difficulty: Moderate Skill: Concept LO 10.6 Outline the procedural and legal aspects of the arbitration process.

15. Which of the following is correct regarding an arbitration hearing: a. Arbitrators cannot determine both questions of fact and questions of law. b. Previous arbitration decisions in cases similar to the dispute before the arbitrator establish precedents that the arbitrator must follow. c. Either side may present an argument in the alternative. d. The employee cannot be present Copyright © 2023 Pearson Canada Inc. 129

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Answer: e Difficulty: Moderate Skill: Concept LO 10.6 Outline the procedural and legal aspects of the arbitration process.

16. The burden of proof at an arbitration hearing: a. is not significant b. is always borne by the union c. is always borne by the party filing the grievance d. is borne by the party filing the grievance except in discipline and discharge cases Answer: d Difficulty: Moderate Skill: Concept LO 10.6 Outline the procedural and legal aspects of the arbitration process.

17. A collective agreement does not contain any provisions relating to contracting out. The employer has contracted out work resulting in a layoff of four bargaining unit employees. If a grievance is filed which of the following is correct: a. The grievance is inarbitrable because there has not been a breach of the agreement. b. The grievance is arbitrable because it involves a dispute between the union and the employer. c. A court will determine if the dispute is arbitrable and then refer it to an arbitrator if necessary. d. If it is determined that the grievance is inarbitrable the employees can sue for wrongful dismissal.

Answer: a Difficulty: Moderate Skill: Application of Knowledge LO 10.6 Outline the procedural and legal aspects of the arbitration process.

18. Most collective agreements provide that the arbitrator's fees for rights arbitration are paid by the: a. union b. party who loses the arbitration c. union and employer spitting the fees d. Ministry of Labour Answer: c Difficulty: Moderate Skill: Concept LO 10.6 Outline the procedural and legal aspects of the arbitration process.

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19. Which of the following possibly restricts the exercise of management rights by the employer: a. a requirement that rules must be established by the management only b. a requirement that rules must be established by the union only c. a requirement that rules established must be consistently enforced d. a requirement that rules established be agreed to by the union Answer: c Difficulty: Moderate Skill: Concept LO 10.1 Identify possible limitations on the exercise of management rights.

20. A collective agreement between a union and an employer contains a management rights article and an article relating to technological change. The agreement does not refer to parking. The employer has established rules requiring employees to register their cars with the employer and leave their cars in a specified area. In this situation, which of the following is correct: a. The employer can rely on the management rights article to establish the parking rules. b. The employer cannot establish the rules because parking is not referred to in the collective agreement. c. The employer must obtain the union’s consent to the rules. d. The principle of estoppel prevents the employer from establishing the parking rules.

Answer: a Difficulty: Moderate Skill: Concept LO 10.1 Identify possible limitations on the exercise of management rights.

21. For which of the following may an employer be allowed to impose discipline upon an employee: a. taking due leave b. violation of union rules c. a criminal conviction for off-duty misconduct d. incompetence Answer: d Difficulty: Moderate Skill: Concept LO 10.9 Apply discipline in compliance with the collective agreement and the law.

22. The doctrine of culminating incident provides that: a. An employer can conduct a periodic review of an employee's disciplinary record and impose discipline for previous misconduct. b. At an arbitration hearing the employer can only refer to misconduct referred to at the time the discipline was imposed. c. The employer may be ordered to reinstate a discharged employee. d. Where an employee has been guilty of misconduct the employer is allowed to take into consideration the employee’s previous disciplinary record when determining the appropriate penalty.

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Answer: d Difficulty: Moderate Skill: Concept LO 10.1 Identify possible limitations on the exercise of management rights.

23. Which of the following is a disciplinary measure that an employer could impose upon an employee: a. additional responsibilities b. suspension c. reduction of seniority d. flextime Answer: b Difficulty: Moderate Skill: Concept LO 10.8 Describe the disciplinary measures that are available to the employer.

24. Which of the following is correct regarding the arbitrator's review of the discipline imposed by an employer: a. The arbitrator can always reduce the discipline imposed by the employer. b. The arbitrator can add to the discipline imposed by the employer. c. In exceptional cases arbitrators may award compensation instead of the reinstatement of a discharged employee. d. Rules must be consistently enforced; accordingly, special hardship that a penalty may impose upon an employee is not relevant.

Answer: c Difficulty: Moderate Skill: Concept LO 10.6 Outline the procedural and legal aspects of the arbitration process.

25. At an arbitration hearing it has been established that an employee was guilty of misconduct.

Which of the following will an arbitrator consider when determining whether a one month suspension imposed by the employer should be upheld or reduced? a. the age of the grievor b. whether rules have been inconsistently enforced c. any provocation by the employer or other employees d. the profession of the grievor Answer: c Difficulty: Moderate Skill: Application of Knowledge LO 10.6 Outline the procedural and legal aspects of the arbitration process.

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26. An arrangement providing that a discharged employee will be reinstated subject to specified conditions being met is known as: a. a culminating incident b. a last chance agreement c. progressive discipline d. a deemed termination Answer: b Difficulty: Moderate Skill: Application of Knowledge LO 10.1 Identify possible limitations on the exercise of management rights.

27. A deemed termination provision in a collective agreement: a. provides that if an employee is absent for a specified time they are automatically terminated b. is always enforceable c. is always discriminatory and therefore never enforceable is determined by an arbitor Answer: a Difficulty: Moderate Skill: Concept LO 10.1 Identify possible limitations on the exercise of management rights.

28. Which of the following is correct regarding a grievance relating to the job posting and selection process: a. The employer can rely upon the management rights article to establish any job requirements. b. The selection decision must be based on the job requirements set out in the job posting. c. An arbitrator will review the job requirements; however, an arbitrator will not review the employer's decision regarding which employee meets the requirements. d. If it is determined that the job posting process was flawed, arbitrators always order the process to be repeated.

Answer: b Difficulty: Moderate Skill: Application of Knowledge LO 10.1 Identify possible limitations on the exercise of management rights.

29. When conducting a posting for a job vacancy and selecting an employee to fill the vacancy employers must ensure that: a. the job specifications are reasonable b. all employees on layoff are recalled before the posting c. managers do not use testing d. managers do not refer to performance appraisals Answer: a Difficulty: Moderate Copyright © 2023 Pearson Canada Inc. 133

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Skill: Application of Knowledge LO 10.1 Identify possible limitations on the exercise of management rights.

30. When conducting a posting for a job vacancy and selecting an employee to fill the vacancy employers must ensure that: a. the job requirements are reasonable b. interviews are unfair c. managers do not use testing d. managers do not refer to performance appraisals Answer: a Difficulty: Moderate Skill: Application of Knowledge LO 10.1 Identify possible limitations on the exercise of management rights.

31. An employee was guilty of frequent absenteeism because of an addiction to alcohol. The employer did not have any rules relating to absenteeism. The employee was discharged and subsequently reinstated when the union, employee, and employer signed a last chance agreement. The agreement provided that if the employee's attendance fell below the average for the bargaining unit they would be discharged. Subsequently the employee's attendance did fall below the bargaining unit average and the employee was discharged. Which of the following is correct in this situation: a. The last chance agreement is enforceable and the employee will be discharged because the employee voluntarily signed the agreement. b. All last chance agreements involving employees who have an alcohol problem have been found to be unenforceable. c. This last chance agreement is unenforceable because it imposes conditions on the employee not placed on other employees. d. By establishing a last chance agreement the employer has met its duty to accommodate.

Answer: c Difficulty: Moderate Skill: Application of Knowledge LO 10.1 Identify possible limitations on the exercise of management rights.

32. An employee who has been absent three times more than the bargaining unit average for more than three years because of a medical condition was discharged. A grievance was filed and at the arbitration hearing it was established that a new medical adviser had prescribed a newly developed medication that would prevent the employee from being absent in the future. Which of the following is correct: a. This situation illustrates culpable absenteeism and the discharge will be upheld. b. This situation illustrates innocent absenteeism; however, the discharge will be upheld. c. This situation illustrates culpable absenteeism; however, the discharge will not be upheld. d. This situation illustrates innocent absenteeism and this discharge will not be upheld.

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Answer: d Difficulty: Moderate Skill: Application of Knowledge LO 10.9 Apply discipline in compliance with the collective agreement and the law.

33. The duty of fair representation means that the union: a. must follow the instructions of bargaining unit members when negotiating a collective agreement b. will be responsible for any errors made in the course of the administration of the agreement c. must refer all grievances relating to discharge to arbitration d. must not discriminate against any member of the bargaining unit Answer: d Difficulty: Moderate Skill: Concept LO 10.9 Apply discipline in compliance with the collective agreement and the law.

34. To work through the problem of delay in the rights arbitration process most jurisdictions have provided for which of the following in labour relations legislation: a. conciliation b. mediation c. interest arbitration d. expedited arbitration Answer: d Difficulty: Moderate Skill: Concept LO 10.7 State problems with grievance arbitration and identify alternatives.

35. Grievance mediation is: a. faster than arbitration b. required for policy grievances c. used more often than arbitration d. more costly than arbitration Answer: a Difficulty: Moderate Skill: Concept LO 10.4 Explain the significance and functions of the grievance and arbitration process.

36. An employer has had a long standing policy to discipline employees who have not correctly followed a safety procedure, such as lock out, for a balance of shift suspension without pay. As a result of a series of employee injuries the employer increased this penalty to a 5 day suspension without pay. There are no provisions in the collective agreement with respect to penalties of company policies.

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a. The union may grieve this and be successful due to the principle of estoppel. b. The union will not be successful at arbitration as penalties are not included in the collective agreement and the policy is reasonable. c. The employer must negotiate this change with the union. d. The company can discipline employees for this infraction as long as they advise employees in advance of the policy change.

Answer: d Difficulty: Moderate Skill: Application of Knowledge LO 10.4 Explain the significance and functions of the grievance and arbitration process.

37. An employee has been discharged from an employer as the employee has been convicted of trafficking in narcotics in violation of a company policy. The employee has told the union not to withdraw the grievance. The union also has a policy that does not support trafficking as they wish to protect their members. a. The union may not withdraw the grievance due to the requirement to represent the employee. b. The union may not withdraw the grievance to provisions of the Labour Relation Act c. The union must always obey the instructions of the employee d. The union may withdraw the grievance as their reason is not arbitrary Answer: d Difficulty: Moderate Skill: Application of Knowledge LO 10.4 Explain the significance and functions of the grievance and arbitration process.

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Essay Questions 1. Discuss the significance of the grievance and arbitration process for the employer, union and employees.

Grievance and Arbitration Process: Functions and Benefits Functions 1. Provides a dispute settlement mechanism 2. Ensures compliance with the collective agreement 3. Provides a forum for additional bargaining during the term of the collective agreement Benefits to the Employer, Union and Unionized Employees 1. Settles disputes without interruption of work 2. Settles disputes prior to next round of negotiations Specific Benefits to Management 1. Provides a communication or consultation mechanism for the parties 2. Establishes a check on the quality and consistency of management decisions 3. Provides a voice mechanism for unionized workers that reduces turnover Specific Benefits to Unions and Union Officials 1. Provides a potential pressure tactic 2. Provides a method to oppose or resist management directives 3. Increases union solidarity 4. Provides political benefits to union leaders Specific Benefits to Unionized Employees Copyright © 2023 Pearson Canada Inc. 137

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1. Provides a review of workplace decisions by outside party 2. Increases job security

2. Explain the essential points of an arbitration hearing.

The extent and success of attempts to resolve disputes before a grievance is filed, or prior to the arbitration hearing, are likely related to the relationship between management and union representatives. Where the relationship is more cooperative, there will be more attempts to settle a dispute prior to arbitration. At least one study has confirmed that there is a relationship between the labour relations climate and grievance outcomes. It found that when there was a lower grievance rate in an unionized organization, the unions were most often more cooperative with greater consultation.

3. Will a criminal conviction of an employee for conduct away from the workplace allow the employer to terminate the employee?

A criminal conviction for conduct away from the job will not in itself justify discipline. The employer will first have to establish a connection with and harm to the employer’s business or reputation.

4. 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.

Duty of fair representation prohibits the union from acting in a manner that is arbitrary, discriminatory or in bad faith. The duty applies to all members of the bargaining unit, whether or not they are union members.

5. Describe the nature and potential advantages of grievance mediation.

Grievance mediation is a confidential process in which a mediator helps the parties negotiate a settlement. Instead of hearing evidence and providing a binding decision, the mediator helps the parties reach a voluntary agreement. Grievance mediation has several potential advantages, including (1) the resolution of disputes in less time, (2) a lower cost than arbitration, (3) the potential to develop better solutions and (4) protection of the relationship between the parties.

6. Discuss the principle of estoppel Estoppel is a legal concept providing that if a party makes a representation that an issue will be dealt with in a manner different from the provisions of the collective agreement, it will not be able to later Copyright © 2023 Pearson Canada Inc. 138

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insist upon the collective agreement being enforced as written.

What does the obey now, grieve later rule refer to?

Unless the disputed management directive is illegal or would entail a safety risk, the employee must follow it, even if it appears to violate the collective agreement, and pursue a grievance later.

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Chapter 11 Public Sector Labour Relations

Chapter 11 Public Sector Labour Relations True/False 1. The public sector is composed of individuals who work directly for local, provincial, territorial, or federal governments.

Answer: False Difficulty: Easy Skill: Concept LO 11.1 Identify the size and importance of the public sector.

2. Federally regulated employees in the public sector did not have the right to unionize until 1967.

Answer: True Difficulty: Easy Skill: Concept LO 11.2 Outline the development of labour relations in the public sector.

5. Provincial and territorial government employees were granted the right to unionize in the Public Service Staff Relations Act. Answer: False Difficulty: Easy Skill: Concept LO 11.2 Outline the development of labour relations in the public sector.

6. Teachers have the right to strike in all provinces and territories.

Answer: False Difficulty: Easy Skill: Concept LO 11.3 Describe the distinctive features of labour relations in the public sector.

7. Employers in the public sector have the same authority and priorities as employers in the private sector.

Answer: False Difficulty: Easy Skill: Concept LO 11.3 Describe the distinctive features of labour relations in the public sector.

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8. A union representing a public sector employer will always know where to direct its efforts in order to influence the employer.

Answer: False Difficulty: Easy Skill: Concept LO 11.3 Describe the distinctive features of labour relations in the public sector.

9. Public sector employees were not initially granted the right to unionize because they are involved in providing essential services.

Answer: True Difficulty: Easy Skill: Concept LO 11.2 Outline the development of labour relations in the public sector.

10. Employers in the public sector do not have the same economic bottom line as private sector employers.

Answer: True Difficulty: Easy Skill: Concept LO 11.3 Describe the distinctive features of labour relations in the public sector.

11. There are more professional employees unionized in the public sector than the private sector.

Answer: True Difficulty: Easy Skill: Concept LO 11.1 Identify the size and importance of the public sector.

12. The legislative framework for labour relations in the public sector is fragmented.

Answer: True Difficulty: Easy Skill: Concept LO 11.3 Describe the distinctive features of labour relations in the public sector.

13. In each province and territory there is one method to resolve contract disputes that is used for all segments of the public sector in the province.

Answer: False Difficulty: Easy Skill: Concept LO 11.3 Describe the distinctive features of labour relations in the public sector.

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14. All bargaining units in the public sector are determined in the same manner as the public sector, by the relevant labour relations board.

Answer: False Difficulty: Easy Skill: Concept LO 11.3 Describe the distinctive features of labour relations in the public sector.

15. There are limits on contract negotiation in the public sector that are not found in the private sector.

Answer: True Difficulty: Easy Skill: Concept LO 11.3 Describe the distinctive features of labour relations in the public sector.

16. Interest arbitration may lead to higher increases in compensation than increases obtained in bargaining where the strike is the final dispute resolution mechanism.

Answer: True Difficulty: Easy Skill: Concept LO 11.3 Describe the distinctive features of labour relations in the public sector.

17. When public sector employees are allowed to strike, as opposed to relying on arbitration, the likelihood of the employer and the union negotiating their own agreement is increased.

Answer: True Difficulty: Easy Skill: Concept LO 11.3 Describe the distinctive features of labour relations in the public sector.

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18. There is evidence that interest arbitration leads to higher increases in compensation than increases obtained pursuant to bargaining where a strike is the final dispute resolution mechanism.

Answer: True Difficulty: Easy Skill: Concept LO 11.3 Describe the distinctive features of labour relations in the public sector.

19. In a designated strike the union determines who continues to work in the event of a strike.

Answer: False Difficulty: Easy Skill: Concept LO 11.3 Describe the distinctive features of labour relations in the public sector.

20. A controlled strike refers to a situation where employees are permitted to strike for a period of time and then they are legislated back to work.

Answer: False Difficulty: Easy Skill: Concept LO 11.3 Describe the distinctive features of labour relations in the public sector.

21. It is generally accepted that interest arbitration is the best way to resolve contract disputes in the public sector.

Answer: False Difficulty: Easy Skill: Concept LO 11.3 Describe the distinctive features of labour relations in the public sector.

22. A potential problem with the designated or controlled strike is that the union and employer may not be able to agree on the employees who should be deemed essential.

Answer: True Difficulty: Easy Skill: Concept LO 11.3 Describe the distinctive features of labour relations in the public sector.

23. Most governments that have relied upon back-to-work legislation to resolve public sector contract disputes have suffered adverse political consequences.

Answer: False Difficulty: Easy Skill: Concept Copyright © 2023 Pearson Canada Inc. 136

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LO 11.3 Describe the distinctive features of labour relations in the public sector.

24. There is evidence that managers and labour leaders in the public sector have different views on the state of labour relations.

Answer: True Difficulty: Easy Skill: Concept LO 11.3 Describe the distinctive features of labour relations in the public sector.

25. Public sector unionized employees tend to make more in wages and benefits than private sector employees.

Answer: True Difficulty: Easy Skill: Concept LO 11.3 Describe the distinctive features of labour relations in the public sector.

26. The economy has no influence on the bargaining of contracts in the public sector.

Answer: False Difficulty: Easy Skill: Concept LO 11.3 Describe the distinctive features of labour relations in the public sector.

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27. Public sector employees are those who only work directly for the government.

Answer: False Difficulty: Easy Skill: Concept LO 11.3 Describe the distinctive features of labour relations in the public sector.

28. Public sector employees were not always permitted to unionize. This was due to concerns that the government would not be able to control their budgets.

Answer: True Difficulty: Easy Skill: Concept LO 11.3 Describe the distinctive features of labour relations in the public sector.

29. Public sector unions developed quickly after 1967 due to the Employee Associations that were in place prior to enactment of the Public Service Staff Relations Act. Answer: True Difficulty: Easy Skill: Concept LO 11.2 Outline the development of labour relations in the public sector.

Multiple Choice 1. The public sector is composed of: a. the employees employed with organizations that serve the public b. employees of the federal, provincial, territorial, and municipal governments c. persons employed in sports, education, and social services d. employees working in particular provinces or territories Answer: b Difficulty: Moderate Skill: Concept LO 11.3 Describe the distinctive features of labour relations in the public sector.

2. Which of the following is correct: a. Union density is higher in the public sector than the private sector. b. There are more female union members in the private sector than in the public sector. c. Union density in the public sector has been declining since 1984. d. There are more professional employees unionized in the private sector than in the public sector.

Answer: a Difficulty: Moderate Skill: Concept Copyright © 2023 Pearson Canada Inc. 138

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LO 11.3 Describe the distinctive features of labour relations in the public sector.

3. Which of the following is (are) correct regarding unionization in the public sector: a. The public sector was unionized before the private sector. b. Union density is higher in the private sector than in the public sector. c. The percentage of union members who are female is lower in the public sector than in the private sector. d. The percentage of union members who are male is lower in the public sector than in the private sector.

Answer: a Difficulty: Moderate Skill: Concept LO 11.3 Describe the distinctive features of labour relations in the public sector.

4. When the law was changed to allow public sector employees to unionize: a. unions did not grow rapidly in the public sector b. employee associations that had previously existed were the foundation for some unions c. no public sector employees were allowed to strike d. public sector employees were not motivated to join a union Answer: b Difficulty: Moderate Skill: Concept LO 11.3 Describe the distinctive features of labour relations in the public sector.

5. Most public sector employees were not allowed to unionize for more than two decades after private sector employees because: a. There was a concern that unions would have too much bargaining power. b. Public sector employees did not want collective representation. c. Unions did not want to organize public sector employees. d. Employees were already adequately represented by employee associations.

Answer: a Difficulty: Moderate Skill: Concept LO 11.2 Outline the development of labour relations in the public sector.

6. Which of the following provided federal public sector employees the right to unionize: a. Wagner Act, 1935 b. PC 1003, 1944 c. Industrial Disputes Investigation Act, 1948 d. Public Service Staff Relations Act, 1967 Answer: d Difficulty: Moderate Skill: Concept Copyright © 2023 Pearson Canada Inc. 139

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LO 11.2 Outline the development of labour relations in the public sector.

Answer: d 7. Which of the following is correct: a. Most public sector employees did not have the right to organize until after 1967. b. All public sector employees were initially covered by the Public Service Staff Relations Act. c. Prior to the enactment of legislation that allowed public sector employees to organize, employee organizations did not exist. d. Most provinces do not have a separate statute dealing with public sector labour relations.

Answer: a Difficulty: Moderate Skill: Concept LO 11.2 Outline the development of labour relations in the public sector.

8. Which of the following is correct: a. Most public sector employees were not allowed to unionize until more than two decades after private sector employees. b. Most private sector employees were not allowed to unionize until more than two decades after public sector employees. c. Most municipal employees are not covered by private sector labour relations legislation. d. Teachers were the first public sector employees who were allowed to unionize.

Answer: a Difficulty: Moderate Skill: Concept LO 11.2 Outline the development of labour relations in the public sector.

9. Which of the following is correct regarding negotiation of collective agreements in the public sector: a. The scope of bargaining is broader than in the private sector. b. There are no mandatory terms for the collective agreement. c. More contract disputes have been ended by back-to-work legislation than in the private sector. d. Negotiation tends to be more decentralized than in the private sector.

Answer: c Difficulty: Moderate Skill: Concept LO 11.3 Describe the distinctive features of labour relations in the public sector.

10. The Public Service Labour Relations Act provides that: a. Employees do not have the right to strike. b. The union must choose between a strike and arbitration as a dispute settlement mechanism before each round of negotiations. c. The union must choose between a strikes and arbitration as the dispute settlement Copyright © 2023 Pearson Canada Inc. 140

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mechanism after the union is certified, and the election is permanent. d. Arbitration is used to settle all interest disputes. e. Conciliation is not required.

Answer: b Difficulty: Moderate Skill: Concept LO 11.2 Outline the development of labour relations in the public sector.

11. Labour relations in the public sector are distinctive from the private sector because: a. employees are not allowed to strike b. some employers can pass legislation affecting the processes used c. there are fewer professional employees d. public relations are less important Answer: b Difficulty: Moderate Skill: Concept LO 11.3 Describe the distinctive features of labour relations in the public sector.

12. Which of the following is a potential advantage of a designated strike: a. Compared to interest arbitration it increases the likelihood of voluntary settlement. b. It is the method of dispute resolution that minimizes disruption to the public. c. There is a built in incentive for any strike to be shorter than would be the case if there was an unrestricted strike. d. It avoids any loss of services to the public.

Answer: a Difficulty: Moderate Skill: Concept LO 11.3 Describe the distinctive features of labour relations in the public sector.

13. Which of the following is correct regarding an essential services agreement: a. It provides that no employee in the bargaining unit can strike. b. It provides that arbitration is used to resolve a contract dispute. c. It is negotiated by the union and the employer. d. It is dictated by the minister responsible for labour relations.

Answer: c Difficulty: Moderate Skill: Concept LO 11.3 Describe the distinctive features of labour relations in the public sector.

14. When interest arbitration, an unrestricted strike, and a controlled strike are compared which of Copyright © 2023 Pearson Canada Inc. 141

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the following is correct: a. Interest arbitration increases the likelihood of a voluntary settlement. b. Interest arbitration involves the negotiation of an essential services agreement. c. Back to work legislation is required to end a controlled strike. d. The unrestricted strike increases the likelihood of a voluntary settlement.

Answer: d Difficulty: Moderate Skill: Concept LO 11.3 Describe the distinctive features of labour relations in the public sector.

15. Which of the following is correct regarding alternative contract dispute resolution mechanisms in the public sector: a. Chilling and narcotic effects are associated with a designated strike. b. Chilling and narcotic effects are associated with interest arbitration. c. A strike decreases the likelihood of a negotiated settlement. d. Interest arbitration involves the negotiation of an essential services agreement.

Answer: b Difficulty: Moderate Skill: Concept LO 11.3 Describe the distinctive features of labour relations in the public sector.

16. Which of the following has been a recent trend in public sector labour relations: a. a more optimistic approach to labour relations on the part of union leaders b. adoption of mutual gains bargaining c. increased use of interest arbitration d. legislation to impose collective agreement terms Answer: d Difficulty: Moderate Skill: Concept LO 11.3 Describe the distinctive features of labour relations in the public sector.

17. Public sector unions are more likely to : a. Avoid a strike b. Settle the strike by way of arbitration c. Not be legislated back to work Settle the strike by way of mediation Answer: a Difficulty: Moderate Skill: Concept LO 11.3 Describe the distinctive features of labour relations in the public sector.

18. Governments have a unique role in labour relations because: a. All there employees are an essential service and can be legislated back to work.

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b. Additional labour costs can easily be passed on to the tax payer. c. They have a dual role as a legislator and employer d. They are not impacted by the economy with respect to labour relations Answer: c Difficulty: Moderate Skill: Concept LO 11.3 Describe the distinctive features of labour relations in the public sector.

19. The designated or controlled strike model is: a. more likely to be used in the future b. becoming less common in public sector unions c. is not permitted with public sector unions d. is a feature of craft unions Answer: a Difficulty: Moderate Skill: Concept LO 11.4 Outline recent trends in public-sector labour relations.

20. The deficit spending undertaken by governments in response to the COVID-19 pandemic will make: a. governments with increased debt that will make future contract negotiations easier b. employees have increased personal debt c. governments with increased debt that will make future contract negotiations more difficult d. a. governments with increased debt that will not change future contract negotiations Answer: c Difficulty: Moderate Skill: Concept LO 11.4 Outline recent trends in public-sector labour relations.

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Essay Questions 1. Outline three reasons for the importance of the public sector.

The number of people employed makes it an important part of the Canadian economy. It provides vital services such as health care, education, police and fire protection. Unlike the private sector, where if an employer suspends operations customers can obtain services elsewhere, many public-sector employers are the only providers of their service.

2. Identify three reasons why collective bargaining rights were provided to employees in the private sector before most employees in the public sector.

The essential nature of some of the services provided was a concern as a strike could mean an interruption of vital community services. It was also thought that governments should not be forced to give up control of the public sector, in particular, control over budgets. There was also a concern that a unionized public sector would have too much power, in view of the services provided, and this would lead to excessive increases in compensation.

3. Explain three distinctive features of labour relations in the public sector.

DUAL ROLE Some public-sector employers have a dual role; they function as both an employer and a regulator of the system. Public-sector employers engage in contract negotiation and administration with unions; however, the capacity of some public-sector employers to legislate affects these processes and labour relations outcomes. Governments can pass legislation that grants or takes away the right to strike from specific public-sector employees such as teachers.

Governments can also pass legislation that imposes wage restraints or freezes, affecting, for example, community college bargaining outcomes.

DIVIDED AUTHORITY In the private sector, there is one voice for management, and it is usually known where the employer stands. In the public sector, management authority is sometimes divided, meaning that it is possible that corporate authority is divided between administrators the union usually deals with and elected government officials. This may prompt union leaders to attempt to go around management and influence federal or provincial legislation.

For example, in the case of a public transit system, the union may determine that it will not be able to obtain a wage increase from the transit authority’s administrators negotiating for the employer, and it may attempt to pressure politicians to intervene in contract talks.

POLITICAL BOTTOM LINE In the private sector, employers are profit-seeking organizations, and collective agreement outcomes are largely determined by economic factors. The employer’s ability to pay and retain customers are important factors. Wage increases that go beyond this ability cannot be sustained in the long run. In the public sector, the political factor is crucial. Governments are concerned with public opinion and how it affects re-election, not profits.

Strikes in the private sector are a union practice to impose losses on the employer so that it will agree to a wage increase or other key negotiating demands. In the public sector, governments do not always incur losses during a strike; they may actually save money due to not having to pay wages and benefit expenses for unionized public servants. The purpose of some public-sector Copyright © 2023 Pearson Canada Inc. 144

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strikes is really about influencing public opinion so that government will be pressured to agree to more favourable terms of employment. Some public-sector employees such as teachers and nurses attempt to frame some disputes with the employer by referring to the quality of education or patient care to maximize a favourable reaction from the public. However, it is possible that some publicsector strikes will not generate public interest or support. For example, if the clerks who process payments of water bills at city hall go on strike, it is not likely that this will generate much public concern. In contrast, if professors strike, there will likely be calls after a short time for government action to end the disruption to classes.

FINANCIAL CONSTRAINTS At one time, it was thought that the public sector was different because governments would have the authority to raise taxes when necessary to provide for wage increases granted for public-sector workers. In view of the economic and political climates in the last decade, this does not appear to be the case. The deficit spending undertaken by governments in response to the COVID-19 pandemic, governments with increased debt that will make future contract negotiations more difficult.

4.

Identify and contrast three methods to resolve contract disputes in the public sector.

UNRESTRICTED STRIKE MODEL Parts of the public sector have been allowed to engage in unrestricted strikes in the same manner as the private sector. This model is typically applied to employees, such as municipal clerks, doing work that is not essential to public safety. Some publicsector employees have been granted the right to strike despite the fact that their work appears to be essential.

NO-STRIKE, INTEREST ARBITRATION MODEL Interest arbitration is a third-party method used to resolve a deadlock in collective bargaining between management and the union.

Both parties submit evidence to an arbitrator or an arbitration board that decides the terms of the collective agreement. The replication principle, a fundamental feature of interest arbitration, holds that an arbitration award should as much as possible reflect the agreement that the parties would have reached had they been able to do so in negotiations. This guiding principle is relevant to arbitration awards in the public sector due to the impact of such third-party decisions on governments and members of the public. In cases in which a memorandum of settlement has been recommended by a majority of the bargaining team, it has been given significant weight by the arbitrator. In one case in which the memorandum of settlement had only been supported by half of the union’s bargaining team, an arbitrator held that it should be given less weight and proceeded to award an additional increase to some employees. Accordingly, it has been recommended that the employer should attempt to ensure that a memorandum of settlement is unanimously recommended by the union bargaining team so that the chance of a higher award in subsequent interest arbitration cases is reduced if the agreement is not ratified. The employer could consider making an offer conditional upon unanimous approval of the union bargaining team.

The compensation and working conditions of employees at other workplaces, doing similar work, is a critical factor considered by arbitrators. For example, in the case of teachers, the union and the employer would present information regarding the salaries of teachers employed by other school boards. Arbitrators have also considered factors such as inflation, productivity increases and the Copyright © 2023 Pearson Canada Inc. 145

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need to maintain minimum cost-of-living standards, especially for lower-paid employees. In response to the possibility unions achieve higher compensation through arbitration than they would be able to obtain through the strike route, governments have passed legislation requiring arbitrators to consider the ability to pay and other factors.

DESIGNATED OR CONTROLLED STRIKE MODEL In the designated or controlled strike model, employees are given the right to strike, but an agreed-upon number of bargaining unit employees must continue working to provide essential public services. If this model was applied to workers maintaining roads in the winter, some employees would have to remain on the job if there was a strike. This model is used in parts of the public sector in Canada’s federal jurisdiction, British Columbia, Manitoba, New Brunswick, Newfoundland and Labrador, Ontario, Quebec and Saskatchewan.

The parties attempt to agree on who will continue to work in the event of a strike. If the union and the employer cannot agree on this, the dispute goes to the labour relations board or a board created by legislation governing the involved employees. Because the parties will have different preferences and objectives regarding who is deemed essential, an agreement may be difficult to reach. Employers prefer that as many employees as possible be designated essential so that the disruption of service is reduced; unions prefer that a smaller number of employees be designated essential so that the strike will be effective and create pressure for a settlement. The number of employees designated as essential varies extensively depending on the work done. Under the Public Service Labour Relations Act, 2 percent of librarians and 100 percent of air traffic controllers have been designated as essential.

BACK-TO-WORK LEGISLATION Governments can also pass back-to-work legislation to end a strike and resolve a contract dispute. In most cases, such legislation provides for the dispute between the union and the employer to be resolved by interest arbitration. However, some statutes have instead set out the terms and conditions of work. Prior to the Supreme Court of Canada’s decision in the Health Services case, a government could pass legislation nullifying the terms of previously negotiated collective agreements. In 2007 the Supreme Court held that legislation that substantially interferes with the union’s collective bargaining rights violates the Charter. Accordingly, there is now a constraint on legislation that purports to invalidate existing collective agreements or impose restrictions upon contract negotiations.

5. Do you think public sector employees should be permitted to strike? Support your opinion with information from this chapter.

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