Ch. 20 - Labour Law

Question 1

Jurisdictional Dispute

Answer 1

A labor dispute in which two or more unions each claim that the work in question should properly be performed by its members.

Question 2

Closed shop

Answer 2

A workplace in which membership in the union is a precondition to hiring.

Question 3

Union shop

Answer 3

A workplace in which employees must become union members after they are hired.

Question 4

Open shop

Answer 4

(aka non-union shop) A workplace with no union membership requirement.

Question 5

Rand formula

Answer 5

A term in a collective agreement that states that employees are required to pay union dues but are not required to join the union. VERY rare

Question 6

Grievance

Answer 6

A complaint by either the union on behalf of an employee or by the employer, stating that the other party has breached the collective agreement.

Question 7

Layoff & seniority

Answer 7

employees are laid off & hired back in order of seniority (highest seniority worker gets laid off last & hired back first)

Question 8

what happens on strike?

Answer 8

striking employees are not getting paid. Management may try to keep the business going with the resources they have.

Question 9

Picketing

Answer 9

protected as free speech so long as it is done peacefully & without intimidation. Can block someone from entering a business but cannot touch or assault them.

Question 10

Interdependence of trades

Answer 10

a single group refusing to work may shut down the entire project. Other trades would violate laws if they cross the picket line.

Question 11

Union origin & motive

Answer 11

in response to oppressive working conditions. A collection of employees often have more influence & allows to bargain as a group. Promotes industrial peace

Question 12

Union formation

Answer 12

union agent approaches group of non-unionized employees, if 45% employees support union, rep can submit vote. If majority votes (50% +1) support union, leads to certification

Question 13

Automatic Certification

Answer 13

if 55% choose to support union, union automatically certified without need for vote

Question 14

Employer Resistance to Union

Answer 14

cannot fire someone trying to participate in union certification drive or oppose union backed by false facts. DO have right of free speech and can openly oppose union.

Question 15

Are engineers unionized?

Answer 15

generally, no

Question 16

labor laws government

Answer 16

usually provincial labor legislation. ARE exceptions that are federal like fisheries, transportation

Question 17

unionizations in BC

Answer 17

generally going down, e.g. logging. Some are still heavily unionized, e.g. BC Ferries

Question 18

Dependent contractor

Answer 18

performs work or services on a contract basis, is economically dependent on the employer

Question 19

supervisory employee

Answer 19

middle management employee whose purpose is to supervise a group/set of employees. Cause issues under labor law as their duty to the employer may conflict with union interests. For this reason, some labor relations statutes exclude supervisors from employee definition.

Question 20

manager

Answer 20

sole purpose is to manage a group of employees, does not pick up the tools. NOT an employee when considering employee relations

Question 21

Unions in Construction industry

Answer 21

Often difficult since employees are hired on contract basis. Can be several unions for different trades

Question 22

Successor employers

Answer 22

bound by pre-existing union rep & collective agreement. Company move may be prohibited as an unfair labor practice. Prevents corporate reorganizations from undermining unions

Question 23

length of collective agreements

Answer 23

typically run for many years & so parties usually agree to include arbitration clauses in agreement

Question 24

just cause

Answer 24

collective agreements prevent termination without just cause. Can be events that happen once e.g. stealing, true negligence, serious misconduct. Most times multiple warnings/suspensions e.g. being late to work, drinking at work.

Question 25

work stoppages

Answer 25

strikes & lockouts. Illegal when collective bargaining agreement in place. Legislation prohibits employers from hiring replacement workers during a work stoppage.

Question 26

union work

Answer 26

right to perform particular work is restricted to workers to the governing union. Reason why you had to fill out construction committee form & submit for union review before hiring a contractor to perform work on site.