Chapter 1/Triangle Fire

Question 1

Business unionism

Answer 1

focuses on the improvement of the terms of employment through negotiation with the employer.

Question 2

Common law

Answer 2

refers to the rules of law that originate from the decisions of court judges.

Question 3

Constructive dismissal

Answer 3

is a rule of employment law dealing with situations where the employer makes a fundamental breach of an employment contract that entitles the employee to consider herself dismissed and to sue the employer for wrongful dismissal.

Question 4

Craft unions

Answer 4

organize members of a trade or occupation.

Question 5

Economic environment

Answer 5

refers to the economy of the nation and the competitive position of a firm in a particular industry.

Question 6

Employee relations

Answer 6

encompasses activities and processes aimed at maintaining a productive workplace while meeting the needs of employees.

Question 7

Human resources management

Answer 7

is a set of interrelated workplace programs and services that attract, retain and motivate the desired number of people at the right time, with the required knowledge, skills, abilities and other attributes in order to achieve an organization’s goals and objectives.

Question 8

Industrial relations

relationship.

Answer 8

is a broad interdisciplinary field of study and practice that encompasses all aspects of the employment

Question 9

Industrial unions

Answer 9

organize workers in different occupations in a company or firm.

Question 10

Just cause

.

Answer 10

is where the employer alleges there was very serious employee misconduct (e.g., theft, assault, insubordination) that justifies dismissal without notice

Question 11

Labour relations

Answer 11

is all aspects of the union–management relationship, including the establishment of union bargaining rights, the negotiation process and the administration of a collective agreement.

Question 12

Legal environment

Answer 12

refers to all of the law that affects employees, unions and employers.

Question 13

Political environment

Answer 13

refers to the Canadian political system and the effect it has on labour relations.

Question 14

Privy Council Order 1003

Answer 14

established the rights and obligations fundamental to labour relations in Canada.

Question 15

Reasonable notice

Answer 15

is the notice period employers are required to provide to employees on the basis of factors including age, position, length of service and the current employment market for similar positions.

Question 16

Social environment

Answer 16

refers to the values and beliefs of Canadians relating to work, unions and employers.

Question 17

Social unionism

Answer 17

is concerned with improving the compensation and working conditions of bargaining unit members, while also seeking broader economic and social change.

Question 18

Technological environment

Answer 18

refers to developments in knowledge that lead to new products and services that could influence methods of production.

Question 19

Wagner Act

Answer 19

established the right to organize, compulsory bargaining and prohibition of unfair labour practices in the United States.

Question 20

Wrongful dismissal

Answer 20

is a rule of employment law dealing with situations of dismissal without just cause wherein the employer violates its common law duty to provide reasonable notice of termination to the employee.

Question 21

Yellow dog contract

Answer 21

is a racially charged term reflecting a practice by late 19th-century employers when hiring Asian immigrants and other labourers that could cause these workers to be terminated if there was evidence that they previously belonged to a union or if they should support a union organizing drive while employed.

Question 22

Distinguish between labour relations and industrial relations as defined in this book.

Answer 22

d

Question 23

What are two likely consequences of unionization? Explain why these outcomes may be perceived as having a positive or negative impact on those affected by this change.

Answer 23

Increased wages, Better working condition, protection from arbitrary management action, bargaining as a collective unit.

Negative spin > union protects from arbitraty action the seniority. fear of freloaders
> may not want to pay dues
> may not want political spin

Question 24

Explain the meaning of the following statement: “An employer has constructively dismissed a non-union employee.”

Answer 24

d

Employer has so drastically changed the terms of the employment contract that an employee could consider themselves dismissed and sue for wrongful dismissal

Question 25

Can a unionized employee be constructively dismissed? Explain why or why not

Answer 25

d

No. This would be protected in the CBA

Question 26

How did the Wagner Act influence labour relations in Canada?

Answer 26

The wagner act of 1935 in the US influenced the eventual PCO 1003 in 1943 in Canada. These acts established:

• The right to join a union
• A Labour Relations Board
• A certification process by way of an application to the Board
• The prohibition of unfair labour practices by unions and employers
• Compulsory bargaining when a union has been certified
• A compulsory conciliation procedure before a strike or lockout
• A provision that no strike or lockout can occur during the life of the collective agreement
• A provision that all collective agreements were deemed to contain an arbitration procedure for the resolution of disputes

Question 27

Identify three factors in the “environment” and for each one, explain the impact of such forces on one of the “processes and activities” or “the outputs or results” seen in the Framework for Labour Relations described in this chapter.

Answer 27

Political/Government
Economic factors
Technological factors

Question 28

What are 3 differences and 3 similarities between US and Canadian Labour Law?

Answer 28

Same

> workers have a right to join a union
There is a union certification process
There is compulsory collective bargaining once a union has been certified.
Many Canadian Unions have US origins

Differences

> Canada was influenced by the Winnipeg general stike of 1919 that effectively crushed radical unioinization in Canada.
LAbour law in canada was deemed a provincial juridication by the supreme court in 1925
the US adopted the Wagner act in 1935. 8 years before Canada adopted PCO 1003
The integrity of unions has been stronger in Canada than in the US > due to the different political environment.
also the legal environment has been more favorable to union. No right to work laws in Canada.

Question 29

What was the lead up to the Triangle Shirtwaist factory fire?

Answer 29

In 1911, in New York City it was the norm for factory workers to work in poor conditions for subpar pay. The Triangle shirtwaist factory was one such factory. low pay, poor safety. crushing cmpetive nature.
These condition led factory workers across the city to walk out. were they faced police abuse and detainment.

Question 30

What happened during the Triangle shirtwaist factory fire?

Answer 30

> cigaraette caused a fire on the factory floor. 146 total dead ultiematly.

Question 31

What was the immediate aftermath of the triangle shirtwaist factory fire?

Answer 31

> The overwhelming public sentiment was a need for the government to respond. In New York a commision was established to review the conditions of factories. This commision recommends laws regarding fire, safety, atadard hours and wages, child labour. The laws ushered in state and municipal changes across the US

Question 32

What was the longterm impact of the triangle shirtwaist factory fire?

Answer 32

The culmination of the wagner act in 1935 that legalized unions.

Question 33

Relate the triangle shirtwaist fire to the situation of labour in North America and the world?

Answer 33

The triangle fire was a catalyst