Unions & Labour Legislation

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Questions and Answers

Which of the following best describes the primary reason for the collapse of the Knights of Labor?

Poor strike support and adaptability. (correct)
Lack of government recognition.
Exclusion of skilled workers.
Emphasis on political reform over economic gains.

The Privy Council Order 1003 (1944 – Canada) included a 'good faith' bargaining requirement, similar to the Wagner Act.

False (B)

Define 'surface bargaining' and provide one example of it, as understood in the context of labor negotiations.

Surface bargaining is pretending to bargain without the intent to reach an agreement. An example is making proposals that are designed to be rejected.

Under the Ontario Labour Relations Act (OLRA), bargaining rights can be acquired through voluntary recognition, where the union and employer , or through certification, where the union applies to the .

agree, OLRB Signup and view all the answers

Match each model of public sector bargaining with its description:

Single Sector Model = One law applies to both public and private sectors. Industry Specific Model = Different laws are tailored for different public sectors. Combination Model = A mix of private and public sector rules is applied. Signup and view all the answers

Which section of the Charter of Rights and Freedoms allows for the most explicit protection of the right to strike and bargain collectively?

s.2(d): Freedom to associate (C) Signup and view all the answers

A 'no-board' report must be issued before a strike or lockout can legally occur.

True (A) Signup and view all the answers

Explain the 'narcotic effect' in the context of interest arbitration and its potential negative impact on collective bargaining.

The 'narcotic effect' refers to parties becoming overly reliant on arbitrators to resolve disputes, which can undermine their ability to negotiate agreements independently. Signup and view all the answers

In rights arbitration, the has the burden of proof in discipline cases, while the has the burden of proof in other types of cases.

employer, union Signup and view all the answers

Match each step in the grievance process with its description:

Informal Complaint = Initial attempt to resolve the issue informally. Written Grievance = Formal submission of the grievance in writing. Steps to Resolve = A series of meetings and discussions to address the grievance. Arbitration = Final and binding resolution by a neutral third party. Signup and view all the answers

Which of the following best describes a 'statutory freeze' in the context of labor relations?

A restriction preventing an employer from altering conditions of employment while a union is seeking certification or negotiating a new agreement. (A) Signup and view all the answers

Mediation occurs before a 'no-board' report is issued.

False (B) Signup and view all the answers

Explain the role of demonstrated need in arbitral criteria during interest arbitration.

Demonstrated need in arbitral criteria involves the party showing evidence of changes that warrant adjustments in wages or benefits. Signup and view all the answers

According to Week 4, Section ______ of the Charter of Rights and Freedom, also known as the notwithstanding clause, allows the government to override certain rights.

33 Signup and view all the answers

Match the following concepts with their descriptions within the context of labor negotiations:

Final Offer Vote = A vote called by the government or employer on the final offer. Sidebar Discussions = Private talks between negotiators outside of formal sessions. Conciliation = Government-appointed officer helps negotiate. Signup and view all the answers

Which of the following actions would be considered 'bad faith bargaining'?

Refusing to provide relevant financial information that is pertinent to the bargaining process. (D) Signup and view all the answers

Craft unions typically included unskilled workers, women, and racial minorities in their membership.

False (B) Signup and view all the answers

What are the four mandatory bargaining issues that must be in every collective agreement?

The four mandatory bargaining issues that must be in every collective agreement are: Recognition Clause, Grievance & Arbitration Procedure, No Strike / No Lockout Clause, and Duration of Agreement. Signup and view all the answers

Week 12 states the three pillars of Government intervention are: Third Party in Bargaining, , and

Direct Legislation, Economic Regulation Signup and view all the answers

Match the following arbitration concepts to their respective descriptions:

Comparability = Analyzing what other similar employers have agreed to. Replication = Emulating agreements the parties would likely have reached on their own. Incrementalism = Making small, step-by-step changes to existing terms. Signup and view all the answers

What did the Wagner Act (1935 – USA) achieve?

Banned unfair labor practices and required good faith bargaining. (C) Signup and view all the answers

Expedited arbitration (s.49) involves a more extensive process with more steps compared to traditional arbitration.

False (B) Signup and view all the answers

Describe what is meant by a 'chilling effect' in the context of labor negotiations.

A 'chilling effect' refers to a situation where parties do not negotiate seriously, often because of the anticipated outcome of arbitration or government intervention. Signup and view all the answers

The two types of time limits, mentioned from Week 10, for grievances are and

Mandatory, Directory Signup and view all the answers

Match the following steps in preparing for bargaining with their correct description:

Evaluate past agreements = Review the successes and shortcomings of previous collective agreements to inform current negotiations. Form a bargaining team = Assemble a team with assigned roles to represent the union or employer during negotiations. Set union/employer goals = Establish clear objectives for the negotiation process to prioritize key issues and desired outcomes. Signup and view all the answers

Flashcards

Craft Unions

Skilled male workers, excluding women, racial minorities, and immigrants.

Knights of Labor

An inclusive union, it eventually collapsed due to poor strike support and adaptability.

Wagner Act (1935 – USA)

U.S. act providing the right to unionize, union representation, bans on unfair labor practices and requiring good faith bargaining

Privy Council Order 1003 (1944 – Canada)

Canadian order similar to the Wagner Act, but without the "good faith" requirement and not applicable to the public sector.