Labor Relations Basics Quiz

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Questions and Answers

What is one primary reason employees may choose to unionize?

Preference for lower average wage rates

To improve terms and conditions of work (correct)

To avoid conflict resolution processes

Desire for less input in workplace decisions

What does the certification process allow a union to do?

Negotiate salaries without any restrictions

Obtain bargaining rights on behalf of employees (correct)

Eliminate all forms of management supervision

Disband without employee consent

Which factor is a common reason employees might resist joining a union?

Desire for more workplace conflict

High levels of job satisfaction (correct)

Increased compensation without union involvement

Preference for direct communication with management

Which of the following is NOT a significant effect of a union obtaining bargaining rights?

Increased power of supervisor to enforce rules Signup and view all the answers

What is one limit on employer conduct during the union organizing process?

Employers must refrain from retaliating against union supporters Signup and view all the answers

What percentage of pension plan coverage is typically provided by unions compared to non-union settings?

80% Signup and view all the answers

Which of the following is NOT a reason employees might choose to unionize?

Work-Life Balance Signup and view all the answers

What mechanism allows a union to obtain bargaining rights through employer agreement?

Voluntary Recognition Agreement Signup and view all the answers

What is a critical requirement for a union's application for certification?

Percentage of employee support Signup and view all the answers

What does it mean for a union to be the 'exclusive bargaining agent' for employees?

It must represent all employees and cannot enter individual contracts. Signup and view all the answers

What is the main purpose of an organizing campaign for a union?

To convince employees to join the union Signup and view all the answers

Which of the following issues is NOT relevant in the union certification application process?

Department funding Signup and view all the answers

What aspect does 'instrumentality' refer to in the context of why employees unionize?

Worker expectations and experiences Signup and view all the answers

What is used to describe the appropriateness of a bargaining unit?

Described by exception Signup and view all the answers

Which factor is NOT part of the fourfold test to distinguish between an employee and an independent contractor?

Personal relationship with employer Signup and view all the answers

What method is used to determine if employees want a union to represent them?

Representation vote Signup and view all the answers

Which of the following is a statutory freeze?

Prohibition against employer changes in employment terms Signup and view all the answers

What constitutes an unfair labor practice by an employer?

Interference or influence by the employer Signup and view all the answers

What is the process of decertification?

Removing a union's authority to negotiate on behalf of employees Signup and view all the answers

Under what circumstance can a union be certified without a representation vote?

If membership cards show sufficient support Signup and view all the answers

Which action can be classified as union unfair labor practice?

Soliciting union support during working hours Signup and view all the answers

Study Notes

Industrial Relations - Week 7

Topic: Union Organizing Drive and Certification
Professor: Qian Zhang
Course: ADM3334

Course Schedule

October 21: Union Organizing Drive and Certification, Chapter 6, Due: Group Assignment 1 (Oct 21 & Before Class Time)
October 28: The Collective Agreement, Chapter 7
November 4: Negotiation of the Collective Agreement, Chapter 8
November 11: Strikes, Lockouts, and Contract Dispute Resolution, Chapter 9, Due: Group Assignment 2 (Nov 11 & Before Class Time)
November 18: Administration of the Collective Agreement, Chapter 10, In-Class
November 25: Mock Arbitration Activity, Chapter 11
December 2: The Future of Unions, Chapter 12

Learning Objectives

Explain employee motivations (or lack thereof) to join a union
Outline how a union gains bargaining rights
Describe the implication of a union gaining bargaining rights
Outline the steps in a union organizing campaign and certification application
Outline factors that determine the bargaining unit's significance
Explain restrictions on employer/union conduct during the organizing process
Outline the process, remedies, and responses to unfair labor practices during certification
Explain reasons for terminating a union's bargaining rights
Outline the effect of a business sale on a union's bargaining rights.

Union Objectives

Improve work terms and conditions
Protect employees against arbitrary management actions
Provide a process for resolving conflict and employee input
Pursue economic and social change

Why Employees Unionize

Legal Basis: Canadian labor laws enable employees to decide whether or not to join a union
Poor Supervision: includes managerial ability
Compensation: Average hourly wage of unionized employees in Canada was $30.45 in 2018, non-union was $25.45, Union shows advantage in pension plan coverage (80% v 27%)
Fairness/Equity: unfair treatment
Job Security: termination/reinstatement possibility; layoffs; and technological changes/outsourcing
Working Conditions: and instrumentality (worker expectations and experiences in the workplace)
Workload: includes healthcare workers and teachers
Voice in Policymaking
Collective Voice:
Complaint Mechanism: in workplace policies
Employer Policies: covers employee involvement programs, compensation, and complaint mechanisms

Why Employees Do Not Join a Union

Union Dues:
Political/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:

Unions' Bargaining Rights

Voluntary Recognition: By employer or voluntary recognition agreement
Application to Labour Relations Board: To obtain certification

Certification of a Union

Certification Process: for gaining bargaining rights
Exclusive Bargaining Agent: for employees, no more individual contracts

Organizing Campaign

Union attempt to convince employees to become union members
Includes employee request, assignment of union organizer, and securing sufficient membership

Application for Certification

Obtaining enough employee membership (percentage)
Application to Labour Relations Board in the appropriate (federal/provincial) jurisdiction

Key Issues in Application

Applicant Trade Union Status: must be an organization with regulation of employee-employer relations; not dominated by employer
Bargaining Unit Appropriateness: Usually described by exception; e.g. separating production workers from management/supervisor level workers for the grouping and appropriate bargaining unit for certification.
Employee Status and Exclusions: Distinction between employees and independent contractors (four-part test): control over worker, ownership of tools/equipment, worker opportunity to profit/loss
Managerial Exclusion: impact on employment terms (hiring, discipline, termination, compensation)

Determination of Union Support

Representation Vote: secret ballot conducted by Labour Relations Board post application for certification
Membership Cards: certification based on membership cards establishes a required amount of support

Unfair Labour Practice

Employer Practices: threats, intimidation, coercion, interference, and influence
Statutory Freeze: prohibits employer changes to employment terms when application or notification occurs

Union Unfair Labour Practices

Intimidation, Threats, Coercion: compels membership
Solicitation of Union Support during Working Hours:

Decertification

Process for Labour Relations Board to revoke union's right to represent employees
Threat of losing bargaining rights if majority support not maintained
Policy dilemma

Successor Rights

if employer sells business, union's bargaining rights are often nullified unless laws provide for rights protection; usually, the new owner does not have to follow the prior owner's agreements, unless it's specifically stated in the contract
Protecting union bargaining and previous agreements

In-Class Activity

Read arbitration case
Identify facts and major arguments from case
Explore legal evidence through CANLII

Next Week

Review midterm results
Prepare readings for next week; (Collective Agreement, Chapter 7)

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Description

Test your knowledge on the fundamentals of labor relations and union organizing. This quiz covers the reasons employees might choose to unionize, the certification process, and employer conduct regulations. Discover how well you understand the dynamics of workplace unions.