Chapter 12

Question 1

Affirmative action

Answer 1

Programs intended to correct racial, gender or other imbalances in the workplace

Question 2

Agent

Answer 2

A person authorized to represent or act on behalf of a principal in dealings with third parties

Question 3

Anton Piller order

Answer 3

A court order to seize offending material before trail; name derives from a prominent English case where the order was first used

Question 4

Bargaining agent

Answer 4

A body certified to act on behalf of a group of employees or employers

Question 5

Bargaining unit

Answer 5

A group of employees who have been certification

Question 6

Closed shop

Answer 6

A workplace where only workers who are already members of the union can be hired

Question 7

Collective bargaining

Answer 7

A procedure for settling terms and conditions of employment by negotiation between an employer and its employees as expressed through representatives chosen by them

Question 8

Constructive dismissal

Answer 8

Unilaterally demoting or changing the duties of an employee, contrary to what was agreed to in the employment contract; conduct that essentially terminates a pre-existing contractual relationship which could be treated as dismissal

Question 9

Control test

Answer 9

A test of wether an employment relationship exists based on whether the person being paid for work is told how when and where to do it

Question 10

Employee

Answer 10

A person who has agreed to perform specified services for an employer in exchange for payment

Question 11

Employers’ organizations

Answer 11

Bargaining agents representing groups of employers

Question 12

Employment equity

Answer 12

The correction of employment situations where there has been a tradition or racial, gender or other imbalance

Question 13

Grievance process

Answer 13

A procedure for settling disputes arising under a collective agreement

Question 14

In good faith

Answer 14

A characteristic of bargaining that makes every reasonable effort to reach an agreement

Question 15

Independent contractor

Answer 15

A person working for themselves who contracts to provide specific services to another

Question 16

Interest dispute

Answer 16

A disagreement about the terms to be included in a new collective agreement

Question 17

Issue estoppel

Answer 17

A principle preventing an issue from being litigated again on the grounds that it has already been determined in an earlier trail or hearing

Question 18

Jurisdictional dispute

Answer 18

A disagreement over who has authority; in the labour context, a dispute between two unions of which one should represent a group of employees or which union members ought to do a particular job

Question 19

Just cause

Answer 19

A valid reason to dismiss an employee without notice

Question 20

Lockout

Answer 20

An action in which the employer prevents employees from working

Question 21

Mandatory retirement

Answer 21

Forced retirement from employment, generally at 65 years

Question 22

Mediator

Answer 22

A neutral third party who facilitated discussion between parties to a dispute to encourage and assist them coming to agreement (conciliator)

Question 23

Organization test

Answer 23

A test used to establish wether a worker is an employee or independent contractor; examines whether the worker is providing services integral to the organization’s business

Question 24

Pay equity

Answer 24

A principle (or statute) requiring equal pay for work of equal valie

Question 25

Pay in lieu of notice

Answer 25

An amount paid to a dismissed employee in place of notice of termination

Question 26

Picketing

Answer 26

Job action during a legal strike when employees circulate at the periphery of the job site to persuade others not to do business with the struck employer

Question 27

Reasonable notice

Answer 27

Length of notice to be given to an employee to terminate an employment contact of indefinite term; determined with reference to length of service and the nature of the employees position, among other factors

Question 28

Recognition dispute

Answer 28

A dispute arising between a union and employer while the union is being organized

Question 29

Restrictive convenant

Answer 29

In property law, a condition imposed by the seller as to what the purchaser can use the land for; in employment law, a commitment not to work in a certain geographical area for a designated period of time

Question 30

Reverse discrimination

Answer 30

Prejudice or bias exercised against a person or class to correct a pattern of discrimination against another person or class

Question 31

Rights dispute

Answer 31

A disagreement about the meaning of a term in a collective agreement

Question 32

Secondary picketing

Answer 32

Picketing by striking employees not just of their own workplace but also of other locations where the employer carries on business

Question 33

Strike

Answer 33

Withdrawal of services by employees

Question 34

Union shop

Answer 34

A workplace where new employees must join the union

Question 35

Work stoppages

Answer 35

Strikes (initated by employees) and lockouts (initiated by employers)

Question 36

Work to rule

Answer 36

A job action in which employees perform no more than what is minimally required so as to pressure an employer

Question 37

Wrongful dismissal

Answer 37

Termination of employment without reasonable cause and without notice or pay in lieu of notice

Question 38

Wrongful dismissal

Answer 38

Termination of employment without reasonable cause and without notice or pay in lieu of notice