Quebec Labor Relations and Dispute Resolution Quiz
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Questions and Answers

What is the main responsibility of a certified association in the context of collective bargaining?

  • To be the sole representative of the employees in the bargaining unit (correct)
  • To recruit new members for the union
  • To enforce the labor laws within the bargaining unit
  • To negotiate directly with the employer for individual employee contracts

    • What is the composition requirement for a bargaining unit in relation to union membership?

  • The union must have at least 75% of the employees in the unit as members
  • Only the leadership team of the union must be members of the union
  • All employees in the unit must be members of the union
  • At least 51% of employees in the unit must be members of the union (correct)

    • What is the function of union dues (checkoffs) collected by the union?

  • To cover legal fees for individual employee disputes
  • To fund the operations and activities of the union (correct)
  • To compensate employees who are not union members
  • To provide bonuses to union leadership

    • What is the requirement for a union to be able to collectively bargain with the employer?

    <p>The union must be accredited (certified) in accordance with statutory laws</p> Signup and view all the answers

    What does a collective agreement contain?

    <p>All the working conditions between the employer and each employee in the bargaining unit</p> Signup and view all the answers

    What is the definition of a bargaining unit?

    <p>A group of employees with similar interests regarding their work conditions</p> Signup and view all the answers

    What must the employer demonstrate if an employee committed a fault and was sanctioned?

    <p>The fault was the true reason for the sanction and that the sanction was not exaggerated</p> Signup and view all the answers

    What are the potential remedies for employee sanctions under CQLR C-27 Art. 15?

    <p>Reinstatement, retroactive salary and benefits, cancellation of reprisals, and financial remedies, with interest and additional indemnity</p> Signup and view all the answers

    What is the penalty for failing to reinstate the employee within 8 days of the ruling?

    <p>$500 per day</p> Signup and view all the answers

    What actions are prohibited for employers or their agents regarding union formation?

    <p>Using collaborating employees to vote against the formation of the union and bypassing the union to directly negotiate with employees</p> Signup and view all the answers

    What is required for guilt of the prohibitions regarding interference with unions?

    <p>Proof of intent to interfere</p> Signup and view all the answers

    What does certification in Quebec labor law recognize?

    <p>The representative character of an association of employees</p> Signup and view all the answers

    Who has the exclusive authority to appoint conciliators, mediators, or arbitrators?

    <p>Minister of Labour</p> Signup and view all the answers

    In matters concerning labor disputes, strikes, and lockouts, which body has exclusive jurisdiction to apply the Quebec Labour Code?

    <p>Administrative Labour Tribunal</p> Signup and view all the answers

    Who determines who is and isn't part of the bargaining unit?

    <p>Administrative Labour Tribunal</p> Signup and view all the answers

    In determining exclusions from the bargaining unit, which of the following is NOT excluded?

    <p>Regular employees</p> Signup and view all the answers

    What is a key determinant in exclusions from the bargaining unit?

    <p>Degree of discretion and autonomy</p> Signup and view all the answers

    Who has the power to investigate infractions under the Quebec Labour Code and make decisions to safeguard the rights of the parties involved in disputes?

    <p>Administrative Labour Tribunal</p> Signup and view all the answers

    What is the waiting period for an association whose petition is rejected or withdrawn before presenting a new petition?

    <p>3 months</p> Signup and view all the answers

    How can unions avoid the waiting period for presenting a new petition?

    <p>Creating a new association with a new name and board of directors</p> Signup and view all the answers

    What is the authority responsible for exclusively examining the petition for certification?

    <p>Labour Relations Officer</p> Signup and view all the answers

    What can employers protest regarding the petition for certification?

    <p>Admissibility of the petition based on specific criteria</p> Signup and view all the answers

    What are the criteria for determining an appropriate bargaining unit (BU) according to the text?

    <p>Common interest, history, employee preference, and geography</p> Signup and view all the answers

    What is a factor in determining the appropriate bargaining unit (BU) according to the text?

    <p>The existence of several establishments</p> Signup and view all the answers

    What is the process for conciliation before the adjudication of a case in Quebec?

    <p>Voluntary and confidential with no binding authority for the conciliator</p> Signup and view all the answers

    What rights are protected by the certified union rights in Quebec?

    <p>Right to strike, represent members, negotiate in good faith, and negotiate with the employer exclusively</p> Signup and view all the answers

    What are the essential services in the public and para-public sectors required to be maintained in Quebec?

    <p>Negotiated and recommended by the Alternative Dispute Resolution Tribunal (alt) if no agreement is reached</p> Signup and view all the answers

    What do individual civil recourses under Quebec labor laws allow employees sanctioned for union activity to claim within 30 days?

    <p>Reinstatement and compensation for lost salary</p> Signup and view all the answers

    What do injunction orders in response to strikes, lockouts, and work slowdowns in the private sector include?

    <p>Ceasing violations, remedying acts, applying redress measures, and ordering cessation or modification of grievance/arbitration procedures</p> Signup and view all the answers

    What may the tribunal do under the Quebec Labor Code for reasons such as newly discovered facts, inability of a party to present its position, or procedural defects?

    <p>Revise or revoke a decision</p> Signup and view all the answers

    Study Notes

    Labor Relations and Dispute Resolution in Quebec

    • Conciliation before adjudication of case is voluntary and confidential with no binding authority for the conciliator.
    • Injunction orders in response to strikes, lockouts, and work slowdowns in the private sector include ceasing violations, remedying acts, applying redress measures, and ordering cessation or modification of grievance/arbitration procedures.
    • Reparation orders enforce rights under the codes and may include payment of damages, reinstatement of disciplined employees, payment of lost salary indemnity, and authorizing claims to an arbitrator.
    • The tribunal may revise or revoke a decision under the Quebec Labor Code for reasons such as newly discovered facts, inability of a party to present its position, or procedural defects.
    • Essential services in the public and para-public sectors must be maintained, negotiated, and recommended by the Alternative Dispute Resolution Tribunal (alt) if no agreement is reached.
    • Freedom of association is protected by the Canadian Charter and the Quebec Charter, and certified union rights include the right to strike, represent members, negotiate in good faith, and negotiate with the employer exclusively.
    • Individual rights include the right to associate, pursue common constitutional rights, and join others to face groups of more equal terms.
    • Collective employee rights entail forming a union, presenting demands to the employer collectively, and participating in discussions toward workplace objectives.
    • There is a procedural right to collectively bargain, duty to bargain in good faith, and the employer must consider union representations in good faith.
    • Every employee has the right to belong to the association of their choosing and participate in its activities and management.
    • Prohibitions under the Criminal Code and Quebec labor laws include dismissing or refusing to employ someone for union membership, using intimidation or threats, and refusing to hire or imposing sanctions on employees for union activities.
    • Individual civil recourses under Quebec labor laws allow employees sanctioned for union activity to claim reinstatement and compensation for lost salary within 30 days.

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    Description

    Test your knowledge of labor relations and dispute resolution in Quebec with this quiz. Explore topics such as conciliation, injunction orders, reparation orders, essential services, collective and individual rights, and prohibitions under the Quebec Labor Code. Brush up on your understanding of employee and union rights, as well as the recourse available under Quebec labor laws.

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