Canadian Labour Law Overview
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What is the primary purpose of a recognition strike?

  • To protest against unfair labor practices
  • To assert the independence of workers from union influence
  • To demand higher wages from the employer
  • To pressure an employer to engage in collective bargaining with a union (correct)

In Canadian collective bargaining, what does the term 'bargaining structure' refer to?

  • The identity and number of parties involved in collective bargaining (correct)
  • The hierarchical levels of management involved in negotiations
  • The legal rights of workers under Canadian labor law
  • The geographical distribution of union members

Which stage of collective bargaining involves actual discussions and negotiation of terms?

  • Negotiation stage (correct)
  • Settlement stage
  • Pre-negotiation stage
  • Recognition stage

Who typically leads the collective bargaining negotiations for a union?

<p>Chief negotiator (D)</p> Signup and view all the answers

What initiates the collective bargaining process?

<p>A formal notice to bargain (A)</p> Signup and view all the answers

What is required for workers to decertify a union?

<p>Majority support demonstrated. (D)</p> Signup and view all the answers

Which of the following describes unfair labour practices by employers?

<p>Employing coercion against union representatives. (C)</p> Signup and view all the answers

What is the primary purpose of the KVP test in assessing employer rules?

<p>To evaluate the reasonableness and fairness of the rules. (C)</p> Signup and view all the answers

During the collective bargaining process, what is the first step?

<p>Notice to bargain. (A)</p> Signup and view all the answers

What could be a direct implication of union decertification for workers?

<p>Reversion to minimum employment standards. (B)</p> Signup and view all the answers

What defines the union's duty of fair representation?

<p>Fairly representing all members without discrimination. (A)</p> Signup and view all the answers

What is necessary for a legal strike in industrial conflict?

<p>A legal strike vote and conciliation efforts. (C)</p> Signup and view all the answers

Which of the following is NOT a component involved in the grievance process?

<p>Management's final decision. (B)</p> Signup and view all the answers

What is a characteristic of precarious work?

<p>Insecurity, low wages, and poor conditions (C)</p> Signup and view all the answers

What does the Gini coefficient measure?

<p>Income inequality within a population (B)</p> Signup and view all the answers

Which perspective emphasizes minimal union interference and promotes human resource management?

<p>Managerialist Perspective (A)</p> Signup and view all the answers

What type of strike occurs without union approval and is typically spontaneous?

<p>Wildcat Strike (D)</p> Signup and view all the answers

Which perspective views capitalism as inherently exploitative?

<p>Radical Perspective (D)</p> Signup and view all the answers

What is the primary focus of the Industrial Pluralist Perspective?

<p>To acknowledge power imbalances and advocate for collective bargaining (A)</p> Signup and view all the answers

Which of the following is NOT a condition for a lawful strike?

<p>A collective agreement is still in effect (B)</p> Signup and view all the answers

Sectoral bargaining involves which of the following?

<p>Collective agreements covering entire industries (B)</p> Signup and view all the answers

What type of grievance is filed on behalf of multiple employees?

<p>Group Grievance (D)</p> Signup and view all the answers

What is the purpose of Union Certification?

<p>To recognize a union as the representative for a bargaining unit (D)</p> Signup and view all the answers

What is the term for the final and binding decision made by an arbitrator?

<p>Arbitration Award (D)</p> Signup and view all the answers

Which of the following is NOT a precondition for a legal strike?

<p>Completion of arbitration (D)</p> Signup and view all the answers

What does the term 'Decertification' refer to?

<p>The removal of union representation for a bargaining unit (B)</p> Signup and view all the answers

What does the term 'scabs' refer to in the context of strikes?

<p>Temporary replacement workers (D)</p> Signup and view all the answers

Which model establishes union exclusivity and collective bargaining rights?

<p>The Wagner Model (A)</p> Signup and view all the answers

What is the role of a Craft Union?

<p>To represent workers with specific skills or trades (D)</p> Signup and view all the answers

Which clause may require workers to join the union or pay dues?

<p>Union Security Clause (A)</p> Signup and view all the answers

What does 'Majoritarianism' imply in union contexts?

<p>Union decisions reflect the majority of workers in a bargaining unit (C)</p> Signup and view all the answers

In public sector labour relations, what often acts as an alternative to strikes?

<p>Interest Arbitration (B)</p> Signup and view all the answers

What is the practice of evaluating the reasonableness of employer rules called?

<p>KVP Test (A)</p> Signup and view all the answers

What is the primary function of a Replacement Worker during a strike?

<p>To perform the work of striking or locked-out workers (A)</p> Signup and view all the answers

What is a cooling-off period in the context of strikes?

<p>Mandatory waiting period before a strike can happen (D)</p> Signup and view all the answers

What does the term 'Scab' refer to in union contexts?

<p>A derogatory term for replacement workers (C)</p> Signup and view all the answers

Which statement best describes the International Labour Organization (ILO)?

<p>It promotes labor rights globally, including collective bargaining (C)</p> Signup and view all the answers

What is the primary role of bargaining concessions in collective bargaining?

<p>To allow one party to accept less than what was originally proposed (C)</p> Signup and view all the answers

What defines the 'bottom line position' in bargaining negotiations?

<p>The minimum acceptable outcome beyond which a party will not concede (B)</p> Signup and view all the answers

Which legislation primarily governs the actions of employers during the certification freeze?

<p>Collective Bargaining Act (A)</p> Signup and view all the answers

What is a characteristic of interest arbitration in the context of collective bargaining?

<p>It involves a neutral arbitrator imposing a final agreement (A)</p> Signup and view all the answers

What is the role of statutory freeze provisions during a collective bargaining process?

<p>They restrict changes to the employment relationship without union consent (B)</p> Signup and view all the answers

What factor can significantly impede the settlement process in collective bargaining?

<p>Personalities and agendas of those involved (C)</p> Signup and view all the answers

Which of the following is not typically considered a non-monetary issue in collective bargaining?

<p>Wages and salaries (B)</p> Signup and view all the answers

Which stage involves writing up the agreed terms of a collective agreement?

<p>Settlement stage (B)</p> Signup and view all the answers

What is the primary goal of the duty to bargain in good faith?

<p>To facilitate a fair negotiation process (D)</p> Signup and view all the answers

Which term describes the collective agreement vote by unionized employees?

<p>Ratification (A)</p> Signup and view all the answers

Flashcards

Bargaining Obligation

A legal obligation for employers and unions to negotiate with each other, even if one party prefers to avoid it.

Recognition Strike

A strike aimed at pressuring an employer to recognize and negotiate with a union.

Bargaining Structure

The structure of a collective bargaining process, focusing on the parties involved and the scope of employees covered.

Notice to Bargain

A letter formally initiating the collective bargaining process.

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Chief Negotiator

The lead spokesperson representing a party in negotiations.

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Union Certification

A process where workers vote to form a union. Requires a majority vote to be successful.

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Unfair Labour Practices

Actions by employers that discourage union formation or interfere with workers' rights. Examples include threatening workers or discriminating against union members.

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Union Duty of Fair Representation

The responsibility of a union to represent all its members fairly, without discrimination or bad faith.

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Union Decertification

A process where workers can vote to remove a union.

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Collective Bargaining Process

A process where employers and unions negotiate the terms of employment. Results in a written agreement.

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Management Rights

Rights reserved by management that aren't explicitly limited by the collective agreement.

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KVP Test

A test to determine if employer rules are fair and consistent with the collective agreement.

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Grievance

A formal complaint filed by a worker or group of workers when they believe the collective agreement has been violated.

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Precarious Work

Employment characterized by insecurity, low wages, and poor conditions. It's common in gig economy jobs.

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Sectoral Bargaining

Collective agreements covering entire industries, not just individual employers.

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Gig Economy

Work with short-term, flexible jobs often facilitated by digital platforms.

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Neoclassical Perspective

A theory seeing labor as a commodity with wages determined by supply and demand.

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Managerialist Perspective

A perspective focused on organizational efficiency and minimizing union influence.

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Industrial Pluralist Perspective

A perspective recognizing power imbalance between employers and workers, advocating for collective bargaining.

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Critical Reformist Perspective

A perspective aiming to reform capitalism by strengthening worker rights.

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Gini Coefficient

A measure of income inequality within a population, ranging from 0 (perfect equality) to 1 (maximum inequality).

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International Labour Organization (ILO)

A UN agency that advocates for workers' rights globally, promoting freedom of association and collective bargaining.

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Decertification

A process where union members vote to remove their existing union representation.

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Exclusivity (in unionism)

Ensures that only one union represents all workers in a bargaining unit, preventing multiple unions from competing.

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Industrial Union

A union representing workers across multiple industries, often with similar interests.

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Majoritarianism

Focuses on decisions reflecting the preferences of the majority of workers, particularly in union representation and collective bargaining.

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Craft Union

A union that represents a group of workers with specialized skills or trades, such as electricians or plumbers.

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Minority Union

A union representing only its members, even if other workers within the same bargaining unit don't belong.

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Replacement Workers

Temporary workers hired to replace striking or locked-out workers, often referred to as 'scabs'.

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Monetary Issues

Subjects in collective bargaining that directly impact employer costs, like wages, benefits, and pensions.

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Non-Monetary Issues

Subjects in collective bargaining relating to contract language, not immediate financial costs, such as grievance procedures or management rights.

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Ratification

A vote by unionized employees to approve a proposed Collective Agreement.

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Bargaining Concessions

When a party in negotiations agrees to accept less than their original demands.

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Bottom Line Position

The point beyond which a party will not compromise and is willing to accept conflict or arbitration.

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Interest Arbitration

A neutral third party resolves a bargaining impasse by imposing a final Collective Agreement.

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Statutory Freeze Provisions

A legal provision preventing an employer from unilaterally changing employment terms during certification or bargaining.

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Certification Freeze

A specific freeze prohibiting employer changes to employment terms during the union certification process.

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Collective Bargaining Freeze

A specific freeze prohibiting employer changes to employment terms while bargaining for a new agreement.

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Duty to Bargain

The legal requirement for both parties in negotiations to engage in good faith and try to reach an agreement.

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Just Cause

A legal standard used to determine if an employer's disciplinary actions, such as dismissal, were justified.

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Strike

A situation where workers refuse to work, putting pressure on their employer to meet their demands.

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Labour Arbitration

A process used to resolve disputes between employers and unions. An impartial arbitrator makes a final and binding decision based on the collective agreement.

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Back-to-Work Legislation

A process where employees are required by law to return to work after a strike, even if the dispute hasn't been fully resolved.

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Card Check

A method of union certification where the union obtains authorization cards from a majority of workers in a workplace, potentially faster and easier than a traditional vote.

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Study Notes

Canadian Labour Law

  • The Canadian model for collective bargaining is based on the US Wagner Act (1935)
  • It protects workers' rights to unionize
  • Mandatory good-faith bargaining is introduced
  • Mechanisms for resolving disputes (e.g. arbitration) are established
  • Majoritarianism is key; a union is the exclusive representative if it secures majority support
  • Labour Relations Boards (LRBs) oversee certification, unfair labour practices, and dispute resolution.
  • Courts handle judicial reviews of LRB decisions and broader legal challenges.
  • Arbitration Boards resolve disputes arising under collective agreements.

Common Core

  • Right to Join a Union: Ensures freedom of association; prohibits employer interference.
  • Good-Faith Bargaining: Mandates meaningful negotiations for collective agreements.
  • No Strikes/Lockouts During Agreement: Promotes labour peace during contract terms.
  • Prohibition of Unfair Labour Practices: Penalizes employer retaliation or union coercion.
  • Conciliation: Requires mediation or conciliation before legal strikes or lockouts.

Alternatives to the Wagner Model

  • Minority Unionism: Allows multiple unions to represent workers in a single workplace.
  • Broader-Based Bargaining: Industry-wide or sectoral bargaining covering multiple employers; less common in Canada.

Historical Context

  • Adoption began during WWII to manage industrial disputes.
  • Post-war reforms solidified the Wagner model in Canadian labour law.
  • Key Milestones: Wartime Labour Relations Regulations (PC 1003, 1944) formed the foundation for collective bargaining rights.
  • Common Law: Historically limited collective rights; employer-favoured.
  • Regulatory Regime: Introduces minimum employment standards and labour rights.
  • Collective Bargaining Regime: Provides a framework for union recognition, good faith bargaining, and dispute resolution.

Union Certification

  • Two pathways: Card check (automatic recognition) or mandatory vote.
  • Labour boards verify union support.

Unfair Labour Practices

  • Examples include employer threats, union coercion, or discriminatory actions.
  • Remedies include reinstatement of fired workers and monetary penalties.

Union Duty of Fair Representation

  • Unions must represent all members fairly without discrimination.
  • Applies during grievances and collective agreement negotiations.
  • Breaches can lead to legal action.

Union Decertification

  • Process involves workers applying to decertify a union via LRBs and demonstrating majority support.
  • Implications include loss of collective agreement protections and reversion to minimum employment standards.

Collective Bargaining Process

  • Notice to bargain: Employer / Union sends a formal notice
  • Proposal exchange
  • Mediation or conciliation (if needed): Neutral third party facilitates discussions.
  • Key Terms in Agreements: Wages, benefits, job security, grievance procedures, and management rights clauses.

Management Rights and KVP Test

  • Management Rights: Residual rights unless limited by the agreement.
  • KVP Test: Used to assess employer rules for consistency with the collective agreement, reasonableness, and enforceability.

Grievances, Labour Arbitration, and Just Cause

  • Types of Grievances: Individual, group, or policy grievances.
  • Labour Arbitration Process: Filing, pre-hearing, arbitration hearing, decision.
  • Just Cause: Grounds for disciplinary action; assessed using the William Scott Test.

Industrial Conflict

  • Strikes and Lockouts: Pre-conditions include legal strike votes and conciliation efforts; Public sector workers often face restrictions (essential services), especially strikes.
  • Interest Arbitration: Alternative to strikes, especially in public sectors.

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Description

This quiz explores the essential aspects of Canadian Labour Law, including the principles of collective bargaining and the role of legal institutions such as Labour Relations Boards. It covers key topics like the right to unionize, good-faith bargaining, and dispute resolution mechanisms.

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