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Questions and Answers
What is the primary purpose of a recognition strike?
What is the primary purpose of a recognition strike?
In Canadian collective bargaining, what does the term 'bargaining structure' refer to?
In Canadian collective bargaining, what does the term 'bargaining structure' refer to?
Which stage of collective bargaining involves actual discussions and negotiation of terms?
Which stage of collective bargaining involves actual discussions and negotiation of terms?
Who typically leads the collective bargaining negotiations for a union?
Who typically leads the collective bargaining negotiations for a union?
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What initiates the collective bargaining process?
What initiates the collective bargaining process?
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What is required for workers to decertify a union?
What is required for workers to decertify a union?
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Which of the following describes unfair labour practices by employers?
Which of the following describes unfair labour practices by employers?
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What is the primary purpose of the KVP test in assessing employer rules?
What is the primary purpose of the KVP test in assessing employer rules?
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During the collective bargaining process, what is the first step?
During the collective bargaining process, what is the first step?
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What could be a direct implication of union decertification for workers?
What could be a direct implication of union decertification for workers?
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What defines the union's duty of fair representation?
What defines the union's duty of fair representation?
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What is necessary for a legal strike in industrial conflict?
What is necessary for a legal strike in industrial conflict?
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Which of the following is NOT a component involved in the grievance process?
Which of the following is NOT a component involved in the grievance process?
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What is a characteristic of precarious work?
What is a characteristic of precarious work?
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What does the Gini coefficient measure?
What does the Gini coefficient measure?
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Which perspective emphasizes minimal union interference and promotes human resource management?
Which perspective emphasizes minimal union interference and promotes human resource management?
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What type of strike occurs without union approval and is typically spontaneous?
What type of strike occurs without union approval and is typically spontaneous?
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Which perspective views capitalism as inherently exploitative?
Which perspective views capitalism as inherently exploitative?
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What is the primary focus of the Industrial Pluralist Perspective?
What is the primary focus of the Industrial Pluralist Perspective?
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Which of the following is NOT a condition for a lawful strike?
Which of the following is NOT a condition for a lawful strike?
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Sectoral bargaining involves which of the following?
Sectoral bargaining involves which of the following?
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What type of grievance is filed on behalf of multiple employees?
What type of grievance is filed on behalf of multiple employees?
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What is the purpose of Union Certification?
What is the purpose of Union Certification?
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What is the term for the final and binding decision made by an arbitrator?
What is the term for the final and binding decision made by an arbitrator?
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Which of the following is NOT a precondition for a legal strike?
Which of the following is NOT a precondition for a legal strike?
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What does the term 'Decertification' refer to?
What does the term 'Decertification' refer to?
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What does the term 'scabs' refer to in the context of strikes?
What does the term 'scabs' refer to in the context of strikes?
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Which model establishes union exclusivity and collective bargaining rights?
Which model establishes union exclusivity and collective bargaining rights?
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What is the role of a Craft Union?
What is the role of a Craft Union?
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Which clause may require workers to join the union or pay dues?
Which clause may require workers to join the union or pay dues?
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What does 'Majoritarianism' imply in union contexts?
What does 'Majoritarianism' imply in union contexts?
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In public sector labour relations, what often acts as an alternative to strikes?
In public sector labour relations, what often acts as an alternative to strikes?
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What is the practice of evaluating the reasonableness of employer rules called?
What is the practice of evaluating the reasonableness of employer rules called?
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What is the primary function of a Replacement Worker during a strike?
What is the primary function of a Replacement Worker during a strike?
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What is a cooling-off period in the context of strikes?
What is a cooling-off period in the context of strikes?
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What does the term 'Scab' refer to in union contexts?
What does the term 'Scab' refer to in union contexts?
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Which statement best describes the International Labour Organization (ILO)?
Which statement best describes the International Labour Organization (ILO)?
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What is the primary role of bargaining concessions in collective bargaining?
What is the primary role of bargaining concessions in collective bargaining?
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What defines the 'bottom line position' in bargaining negotiations?
What defines the 'bottom line position' in bargaining negotiations?
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Which legislation primarily governs the actions of employers during the certification freeze?
Which legislation primarily governs the actions of employers during the certification freeze?
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What is a characteristic of interest arbitration in the context of collective bargaining?
What is a characteristic of interest arbitration in the context of collective bargaining?
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What is the role of statutory freeze provisions during a collective bargaining process?
What is the role of statutory freeze provisions during a collective bargaining process?
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What factor can significantly impede the settlement process in collective bargaining?
What factor can significantly impede the settlement process in collective bargaining?
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Which of the following is not typically considered a non-monetary issue in collective bargaining?
Which of the following is not typically considered a non-monetary issue in collective bargaining?
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Which stage involves writing up the agreed terms of a collective agreement?
Which stage involves writing up the agreed terms of a collective agreement?
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What is the primary goal of the duty to bargain in good faith?
What is the primary goal of the duty to bargain in good faith?
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Which term describes the collective agreement vote by unionized employees?
Which term describes the collective agreement vote by unionized employees?
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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
Legal Institutions
- 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.
Legal Regimes
- 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.
