Industrial Relations In Canada 3rd Edition By Hebdon Brown -Test Bank

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Industrial Relations In Canada 3rd Edition By Hebdon Brown -Test Bank

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WITH ANSWERS

Industrial Relations In Canada 3rd Edition By Hebdon Brown -Test Bank

Chapter_2_Labour_History

 

 

1. Female telephone operators were actively involved in the Winnipeg General Strike.

  a. True
  b. False

 

ANSWER:   True

 

2. In a masterservant relationship the basis of the relationship is common law.

  a. True
  b. False

 

ANSWER:   True

 

3. The nine-hour movement was an international workers attempt to secure shorter working days.

  a. True
  b. False

 

ANSWER:   True

 

4. The Knights of Labor followed the founding principles of the AFL.

  a. True
  b. False

 

ANSWER:   False

 

5. The Knights of Labor were opposed to strikes.

  a. True
  b. False

 

ANSWER:   True

 

6. The Berlin Convention resulted in the TLC being comprised of many union affiliates.

  a. True
  b. False

 

ANSWER:   False

 

7. James Woodsworth formed the New Democratic Party (NDP).

  a. True
  b. False

 

ANSWER:   False

 

8. The One Big Union (OBU) is often associated with the Winnipeg General Strike.

  a. True
  b. False

 

ANSWER:   True

 

9. The Wagner Act required that employers bargain collectively with certified unions.

  a. True
  b. False

 

ANSWER:   True

 

10. The Rand Formula required that all dues would be paid directly to the employer.

  a. True
  b. False

 

ANSWER:   False

 

11. Mexico was included in the first (1987) Free Trade Agreement.

  a. True
  b. False

 

ANSWER:   False

 

12. Unifor is positioning itself as the advocacy for employed and unemployed.

  a. True
  b. False

 

ANSWER:   True

 

13. Which two groups were central to the start of the Winnipeg General Strike?

  a. metal workers and phone operators
  b. receptionists and metal workers
  c. phone operators and carpenters
  d. carpenters and receptionists

 

ANSWER:   a

 

14. What term refers to a process in which trainees learn a trade under the supervision of a senior tradesperson?

  a. trade school
  b. development
  c. trade unionism
  d. apprenticeship

 

ANSWER:   d

 

15. What aspect of the masterservant relationship did the labour movement try to change in the late 1800s?

  a. liberalized trade
  b. failure to follow work orders
  c. large number of actors in the IR system
  d. legal penalties for refusing work

 

ANSWER:   d

 

16. What was a key feature of new model unionism?

  a. All members performed the same trade or specialty.
  b. Apprenticeships were excluded.
  c. It provided a free supply of labour.
  d. Unions favoured strike action.

 

ANSWER:   a

 

17. Which of the following occurred first in Canadian labour history?

  a. Berlin convention founds the National Trades and Labour Congress
  b. Trade Union Act passes
  c. Public Service Staff  Relations Act passes
  d. Winnipeg General Strike

 

ANSWER:   b

 

18. Why was the Nine-Hour Movement a significant point in Canadian labour history?

  a. It established the right to strike.
  b. It provided the foundation for the birth of a formalized Canadian labour movement.
  c. It abolished trade unionism.
  d. It drew women into the labour movement.

 

ANSWER:   b

 

19. When did the Nine-Hour Movement take place?

  a. 1867
  b. 1872
  c. 1886
  d. 1919

 

ANSWER:   b

 

20. What lasting impact of the Nine-Hour Movement is still felt in modern workplaces?

  a. labour standards that regulate overtime
  b. a divide between craft and industrial unions
  c. the masterservant relationship
  d. tripartite labour boards

 

ANSWER:   a

 

21. Which of the following were guiding principles when the American Federation of Labor was founded?

  a. bipartisan jurisdiction
  b. exclusive jurisdiction
  c. overthrow capitalism
  d. the right to strike

 

ANSWER:   b

 

22. What terms refers to the idea that a single union represents all workers of an occupational group?

  a. exclusive jurisdiction
  b. political nonpartisanship
  c. business unionism
  d. pure unionism

 

ANSWER:   a

 

23. When was the Trade and Labour Congress (TLC) founded?

  a. 1872
  b. 1880
  c. 1886
  d. 1888

 

ANSWER:   c

 

24. Who is considered by many to be the founding father of the labour movement in Canada?

  a. Daniel ODonoghue
  b. John A. MacDonald
  c. John Dunlop
  d. Mackenzie King

 

ANSWER:   a

 

25. Which of the following was one of the differences between the AFL and the TLC?

  a. multiple union membership
  b. collective bargaining
  c. innovative social policy
  d. addressing power imbalances

 

ANSWER:   c

 

26. When was the Knights of Labor formed?

  a. 1867
  b. 1869
  c. 1918
  d. 1925

 

ANSWER:   b

 

27. What dividing feature of the early movement to unionization was highlighted by the Berlin Convention of 1902?

  a. fear of financial insolvency
  b. tripartite conflict resolution
  c. struggle between craft versus industrial unionism
  d. business unionism

 

ANSWER:   c

 

28. Who was credited with developing the 1907 Industrial Disputes Investigation Act?

  a. Daniel ODonoghue
  b. Alton Craig
  c. Greg Kealey
  d. Mackenzie King

 

ANSWER:   d

 

29. Which aspect of Canadian labour relations is similar to labour relations in the United States?

  a. the Berlin Convention division of the labour movement along craft/industrial lines
  b. allowing civil servants to unionize
  c. legislated grievance procedures
  d. elements of social unionism in the national federation of labour

 

ANSWER:   a

 

30. When did the Winnipeg General Strike take place?

  a. 1918
  b. 1919
  c. 1940
  d. 1945

 

ANSWER:   b

 

31. Why was the Winnipeg General Strike remarkable?

  a. It united the western labour movement.
  b. It was the first large-scale series of sympathy strikes.
  c. It brought bargaining rights to all employees.
  d. It resulted in One Big Union in Canada.

 

ANSWER:   b

 

32. Which labour union from the early 20th century is still active, and currently trying to organize workers at Starbucks?

  a. One Big Union
  b. Industrial Workers of the World
  c. Canadian Trades and Labour Congress
  d. Unifor

 

ANSWER:   b

 

33. What term best describes unions that organize all workers of an industry or workplace regardless of occupation?

  a. workplace unions
  b. democratic unions
  c. trade unions
  d. industrial unions

 

ANSWER:   d

 

34. When did the Wartime Labour Relation Regulation (P.C. 1003) come into effect?

  a. 1919
  b. 1939
  c. 1944
  d. 1949

 

ANSWER:   c

 

35. How is Canadian labour legislation different from the Wagner Act?

  a. Canadian labour legislation requires mandatory grievance procedures.
  b. Canadian labour legislation requires that employers bargain collectively with certified unions.
  c. Canadian labour legislation defines unfair labour practices.
  d. Canadian labour legislation adheres to the doctrine of inclusivity.

 

ANSWER:   a

 

36. Which of the following requires members of a bargaining unit to pay dues whether or not they are part of the union membership?

  a. certification
  b. closed shop
  c. Rand Formula
  d. dues check-off

 

ANSWER:   c

 

37. What term refers to the process of union dues being deducted automatically from pay?

  a. certification
  b. union shop
  c. dues check-off
  d. automatic deduction

 

ANSWER:   c

 

38. Which province first passed legislation requiring employers to bargain collectively with recognized unions?

  a. New Brunswick
  b. Ontario
  c. British Columbia
  d. Nova Scotia

 

ANSWER:   d

 

39. What did the Rand Formula achieve for unions?

  a. exclusive jurisdiction
  b. financial security
  c. political nonpartisanship
  d. new model unionism

 

ANSWER:   b

 

40. Which original, founding AFL principle did the CLCs formation deviate from?

  a. exclusive jurisdiction
  b. political nonpartisanship
  c. business unionism
  d. pure unionism

 

ANSWER:   b

 

41. Which law was the first to allow federal government employees to bargain collectively?

  a. Federal Government Collective Bargaining Act
  b. P.C. 1003
  c. National Labour Relations Act
  d. Public Service Staff Relations Act

 

ANSWER:   d

 

42. Why did the Public Service Staff Relations Act mark an important turning point in Canadian labour relations?

  a. It allowed workers to appeal certain employment decisions.
  b. It granted collective bargaining rights to federal government employees.
  c. It denied bargaining rights to a large percentage of Canadas unionized work force.
  d. It mimicked the United States, where civil servants do not bargain collectively.

 

ANSWER:   b

 

43. How are the Depression years and the 1990s similar?

  a. Workers rights are undermined.
  b. The public sector has a resistance to unionization.
  c. There is significant economic hardship.
  d. Labour rights have improved.

 

ANSWER:   c

 

44. Which of the following has greatly affected public sector labour relations since the 1990s?

  a. free trade
  b. globalization
  c. freedom of information legislation
  d. back-to-work laws

 

ANSWER:   d

 

45. What major initiative resulted in the largest strike since the Winnipeg General Strike?

  a. free trade agreements
  b. Crown corporations
  c. public sector cutbacks
  d. exclusive jurisdiction

 

ANSWER:   c

 

46. Which term best describes the fate of Canadian National Railways?

  a. privatization
  b. contracting out
  c. selling off
  d. restructuring

 

ANSWER:   a

 

47. When did government exercise its power to create new labour legislation and negatively affect workers gains at the bargaining table?

  a. 1880s
  b. 1910s
  c. 1940s
  d. 1990s

 

ANSWER:   d

 

48. What important trend is apparent in the study of 20th century Canadian labour history?

  a. Labour has an ability to continually grow in power.
  b. Restrictive legislation is a thing of the past.
  c. The labour movement has set its own direction.
  d. Employment relationships have stabilized.

 

ANSWER:   c

 

49. Name the three key principles of the original American Federation of Labor (AFL).

ANSWER:   1.  Exclusive jurisdiction
2.  Political nonpartisanship
3.  Business unionism (or pure and simple unionism)

 

50. Name five key elements of the Wagner Act that still remain in todays labour relations legislation.

ANSWER:   1. It created the National Labour Relations Board.
2. It required that employers bargain collectively with certified unions.
3. It defined unfair labour practices.
4. It gave NLRB the ability to order remedies for employer violations of the NLRA.
5. It adhered to doctrine of exclusivity.
6. It encouraged collective bargaining.

 

51. Name two ways in which P.C. 1003 (the Wartime Labour Relations Regulation) differed from the Wagner Act.

ANSWER:   1. P.C. 1003 included mechanisms to handle workplace disputes during the term of the collective agreement (e.g., grievance procedures).
2. P.C. 1003 required conciliation prior to a legal strike.

 

52. While the Canadian labour movement followed the American labour movement in the early years, the Canadian labour movement has become significantly more independent since the 1940s. Provide three examples to support this argument.

ANSWER:   1. The ability of public sector to bargain collectively (e.g., PSSRA)
2. The relationship between labour federations and political parties, such as the NDP
3. The formation of the CAW
4. The inclusion of conciliation and workplace dispute resolution mechanisms in labour relations legislation (e.g., P.C. 1003)

 

53. Present two ways in which governments have used legislation to limit union wage gains in the public sector.

ANSWER:   1. Wage and price control legislation (6 and 5; AIB)
2. Legislation replacing collective bargaining (back-to-work legislation)

 

54. Name the three ways the Knights of Labor differentiated from other labour organization.

ANSWER:   1. It believed in creation of one large single union for skilled and unskilled workers.
2. It opposed strikes.
3. It sought to establish a cooperative business.

 

55. Define the term masterservant relationship and describe its implications to common law.

ANSWER:   Prior to unionization, the employment relationship was best described as the masterservant relationship. As the name implies, the employer, as the master, made all the rules. The employee, as a servant, was required to follow these rules. As such, employees had limited protection or rights. This was because the basis of the relationship was common law. Under common law, the employment contract required that employees perform the work and employers pay workers wages. There was such a power imbalance between workers and employers that employees were often coerced into agreeing to employment terms and conditions.  It was illegal for workers to quit; for them to bargain collectively or to form a union was deemed a conspiracy; and management controlled virtually all aspects of the employment relationship. Common law exists today, and is often used to refer to the law regime for non-union employment. However, employees under common law today have many more rights than they did 100 years ago.

 

56. Discuss the three principles of the American Federation of Labor.

ANSWER:   Exclusive jurisdiction: Gompers believed that unions should be craft or trade-based.
This meant that only wage earners could be union members and that each union would be responsible for a single occupation or trade: one union per craft; one craft per union. Thus, only one union could represent bricklayers, another union could only represent blacksmiths, etc. This exclusive jurisdiction view conflicted with that of groups like the Knights of Labor, which were open to skilled and unskilled labour.

Busines unionism (or pure-and-simple unionism): Gompers believed that the primary focus of unions should be the economic well-being of their members rather than political reform. He felt that the best way to ensure workers rights was to ensure they had economic security. In fact, he is often quoted as saying, more, more, and morereferring to more economic gains for workers. Because of this view, North American unionism is often referred to as bread and butter unionism or business (or pure-and-simple) unionismits focus being to make certain there was bread and butter on the tables of workers. Accordingly, the AFL did not seek to overthrow capitalism or business owners, as was the case of socialist unionism. Rather, Gompers advocated that unions needed to operate in the capitalistic economy with the goal of getting the best deal possible for their members.

Political nonpartisanship: Gompers believed that labour should practise political nonpartisanshipthat is, it should not align itself with any one political party or group. Rather, he asserted that labour should create its own priorities, clearly articulate these priorities, seek the endorsement of existing political parties for these priorities, and mobilize members to vote for those politicians or parties that supported labours priorities. Among IR circles this became known as rewarding friends (those that supported labours priorities) and punishing enemies (those that did not support labours priorities

 

57. Discuss why the Industrial Disputes Investigation Act was so important to Canada labour relations.

ANSWER:   In 1907, when William Lyon Mackenzie King  held the position of deputy minister of labour, he created the Industrial Disputes Investigation Act (IDIA). The Act, which would become a cornerstone of Canadian law, marked an ongoing trend in Canadian legislation, namely the need for third-party intervention prior to a strike Many of the key elements of the IDIA still hold true today, causing some historians arguing that the IDIA laid the foundation for the particular industrial relations system that exists in Canada.

The act required that all workers and employers in certain industries (i.e., resources, utilities, and transportation) submit their disputes to a three-person conciliation board prior to a strike or lockout. Parties would present evidence to the panel, and the panel would issue a report. However, there was a required cooling-off period once the board completed its report, during which the parties were not permitted to proceed to work stoppage.

 

 

Chapter_4_The_Legal_Environment

 

1. The new contract for the United Food and Commercial Workers Canada and Floralia Growers of Abbotsford provides rights of seasonal migrant workers to return to Canada.

  a. True
  b. False

 

ANSWER:   True

 

2. A major feature of Roosevelts New Deal was the Wagner Act.

  a. True
  b. False

 

ANSWER:   True

 

3. Under the court ruling of the Snider case the distinctive Canadian system of shared jurisdiction was declared illegal.

  a. True
  b. False

 

ANSWER:   False

 

4. Certification is the process of gaining recognition under the appropriate government.

  a. True
  b. False

 

ANSWER:   False

 

5. 5. A tripartite board has three stakeholders: employees, unions, and management.

  a. True
  b. False

 

ANSWER:   False

 

6. Labour boards frequently determine charges of bad faith bargaining by either labour or management.

  a. True
  b. False

 

ANSWER:   False

 

7. An unfair labour practice is an alleged violation of a Labour Relations Act.

  a. True
  b. False

 

ANSWER:   True

 

8. A union has the duty not to discriminate or act in an arbitrary manner.

  a. True
  b. False

 

ANSWER:   True

 

9. Employer structure is a criterion for determining an unfair labour practice.

  a. True
  b. False

 

ANSWER:   False

 

10. Conciliation is a process in which a neutral third party forces labour and management to settle their dispute.

  a. True
  b. False

 

ANSWER:   False

 

11. In some provinces, employers may force a last-offer vote during a strike.

  a. True
  b. False

 

ANSWER:   True

 

12. In Canada strikes are illegal during the term of the collective agreement.

  a. True
  b. False

 

ANSWER:   True

 

13. In their early decisions, the Supreme Court found that freedom of association included the right to strike.

  a. True
  b. False

 

ANSWER:   False

 

14. On January 30, 2015, the Supreme Court constitutionalized the right to strike in Canada.

  a. True
  b. False

 

ANSWER:   True

 

15. The Supreme Court of Canada has ruled that Walmart did not violate Quebecs labour code when it closed a store in Jonquiere, Quebec after workers tried to unionize it.

  a. True
  b. False

 

ANSWER:   False

 

16. Globalization of trade and the increased mobility of capital have created pressure for new international labour market rules.

  a. True
  b. False

 

ANSWER:   True

 

17. With which union did The United Food and Commercial Workers Canada reach an agreement?

  a. Unifor
  b. Floralia Growers of Abbotsford
  c. Agricultural Workers of Canada of Canada
  d. Dairy Farmers Union

 

ANSWER:   b

 

18. What was the Wagner Act intended to do?

  a. replace industrial unionism
  b. protect the union right to organize and strike
  c. protect employee  rights
  d. establish international labour standards

 

ANSWER:   b

 

19. What phenomenon resulted from scientific management and mass production?

  a. greater labourmanagement cooperation
  b. rise of craft unionism
  c. rise of industrial unionism
  d. stricter labour legislation

 

ANSWER:   c

 

20. Which of the following was a result of the Wagner Act?

  a. Great Depression worsened
  b. scientific management went into decline
  c. legitimizing industrial unionization without violence
  d. union density stabilized

 

ANSWER:   c

 

21. Why was the Snider decision important?

  a. It protected the employer right to manage.
  b. It determined that labour relations fell under federal jurisdiction.
  c. It determined that labour matters fell under provincial jurisdiction.
  d. It provided for conciliation before a strike could take place.

 

ANSWER:   c

 

22. The Snider case resulted in a special system of law in Canada. What is this system called?

  a. shared jurisdiction
  b. scientific management
  c. common law
  d. dispute investigation

 

ANSWER:   a

 

23. Why was P.C. 1003 introduced in Canada nine years after the Wagner Act?

  a. The Canadian parliamentary political system is slower than the American one.
  b. World War II and employer resistance delayed its implementation.
  c. A strong labour movement made change unnecessary.
  d. It was met with union opposition.

 

ANSWER:   b

 

24. Which statement best describes certification procedures in Canada?

  a. All provinces require unions to win a vote of the employees.
  b. Management can have a say in selecting the union.
  c. Certification may occur without a vote in some provinces.
  d. Employee votes are not legally binding.

 

ANSWER:   c

 

25. Why was the principle of exclusivity important in developing labour law?

  a. It defined bargaining units.
  b. It reduced conflict between unions.
  c. It limited management rights.
  d. It defined the bargaining unit

 

ANSWER:   b

 

26. Why are labour boards an important alternative to courts?

  a. Courts are never neutral.
  b. Lawyers are not present at board hearings.
  c. Tripartite stakeholders do not agree.
  d. Courts do not specialize in labour law.

 

ANSWER:   d

 

27. Under what circumstances can a labour board certify a union without an employee vote?

  a. if a firm has been found guilty of an unfair labour practice which hindered the vote
  b. if 40% of employees signed a union card
  c. if there is no application for certification
  d. if a community of interest exists

 

ANSWER:   a

 

28. Why are Canadian labour boards tripartite in nature?

  a. to match the three levels of jurisdiction in Canada
  b. to represent three competing stakeholder perspectives
  c. to prevent a tie
  d. to allow boards to hear three kinds of cases

 

ANSWER:   b

 

29. Why is the determination of the bargaining unit an important labour relations issue?

  a. Employer structure can alter the bargaining unit.
  b. Labour boards cannot make this determination.
  c. Other processes and rights flow from this decision.
  d. It is based on management interests.

 

ANSWER:   c

 

30. Which group does a bargaining unit include?

  a. managerial employees
  b. confidential employees with respect to labour relations
  c. supervisors
  d. subordinate employees

 

ANSWER:   d

 

31. What is the rationale for excluding managers from unions?

  a. They are part of the management team.
  b. They are part of the human resources function.
  c. They have access to confidential information.
  d. They object to being in a union.

 

ANSWER:   c

 

32. Under which law are unfair labour practices considered alleged violations?

  a. Criminal Code
  b. Employment Standards Act
  c. Labour Relations Act
  d. Health and Safety Act

 

ANSWER:   c

 

33. Which remedy can be granted by labour boards?

  a. establish inquiry commission
  b. order lastoffer vote
  c. issue cease-and-desist orders for intimidation
  d. establish a tripartite board

 

ANSWER:   c

 

34. What is an example of the duty of fair representation?

  a. supporting a troublesome employees grievance
  b. a free vote for a union
  c. one member, one vote union democracy
  d. management consent to a union drive on company time

 

ANSWER:   a

 

35. What does the duty of fair representation mean?

  a. Firms must be nondiscriminatory in dealing with employees.
  b. Employees must treat other employees fairly.
  c. Unions must represent employees fairly and equally.
  d. Labour boards must represent both union and nonunion employees equally.

 

ANSWER:   c

 

36. Which statement best defines good faith bargaining?

  a. Labour and management must make reasonable offers.
  b. Both parties must bargain in an honest manner.
  c. Both parties must make a significant attempt to negotiate a collective agreement.
  d. Both parties must bargain in a cooperative manner.

 

ANSWER:   c

 

37. What is one reason why good faith bargaining rarely goes before labour boards?

  a. Management can usually settle a contract.
  b. Seventy-five to 90 percent of all cases are settled in mediation.
  c. Labour boards are too political.
  d. Labour boards usually do not side with the employees.

 

ANSWER:   b

 

38. Where is the concept of voluntarism most prominent?

  a. in U.S. labour law
  b. in provincial law
  c. in Canadian federal law
  d. in labour board rulings

 

ANSWER:   a

 

39. Why is conciliation controversial?

  a. A facilitator imposes a settlement.
  b. It favours unions because conciliators often take the union side.
  c. Management takes unfair advantage of normal operations.
  d. It is always required in labour disputes.

 

ANSWER:   c

 

40. Which first contract arbitration model is most difficult to achieve?

  a. a no-fault approach
  b. a bad faith bargaining remedy
  c. a final offer arbitration remedy
  d. a breakdown in negotiations approach

 

ANSWER:   b

 

41. Which form of dispute resolution is most common in Canada?

  a. voluntarism
  b. certification
  c. arbitration
  d. discrimination

 

ANSWER:   c

 

42. What is the role of a neutral third party in arbitration?

  a. to observe and record negotiations
  b. to impose good faith bargaining
  c. to facilitate a negotiated agreement
  d. to impose a settlement

 

ANSWER:   d

 

43. Clause 42(1) of the Nova Scotia Trade Union Act writes into a collective agreement a dispute resolution mechanism if the agreement lacks such a clause. What is this an example of?

  a. arbitrators influence on public policy
  b. arbitrators interpretation of labour law
  c. a labour peace provision
  d. duty of fair representation

 

ANSWER:   c

 

44. Why was the Supreme Court decision in the Lavigne ca

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