FINAL EXAM REVIEW

Question 1

What are the 2 main goals of labour policy?

Answer 1

1. Equity

2. Efficiency

Question 2

Define equal pay

Answer 2

Policy that targets the gender wage gap and prohibits the maintenance of different wage scales for men and women

Question 3

Define labour relations policy

Answer 3

Subsector of labour policy that involves setting a framework within which the parties to the relationship can set the terms and conditions of work

Question 4

Which of the following perspectives believe that the power in the employment relationship between employers and employees is unbalanced?

• Industrialist Pluralist
• Critical Reformist
• Radical

Answer 4

All of the above

Question 5

Independent contractors are not employees so they don’t need min wage

Answer 5

True

Question 6

Define workplace policy

Answer 6

Encompasses the rules, practices and norms within a place of work that is determined by the parties to the employment relationship

Question 7

In the late 19 and early 20 centuries, the Canadian state intervened in the employment relationship in all BUT which of the following ways?

Answer 7

TO protect men

Question 8

What are policy concerns regarding the minimum wage?

Answer 8

All of the above

Question 9

The fact that a union and an employer cannot agree to a term of a collective agreement that pays the employees below the minimum wage is an example of:

Answer 9

The internal feedback loop from the reg regime to the CB regime

Question 10

From the critical reformist perspective, what is the most important policy tool with regard to the employment relationship?

Answer 10

Legislation that sets strong regulatory standards

Question 11

What aspects of modern Canadian labour relations policy was not modelled after the United States’ Wagner Act?

Answer 11

Compulsory conciliation and a cooling-off period before a work stoppage

Question 12

Monetary transfers to individuals to mitigate the hardship associated with unemployment is known as what?

Answer 12

Passive labour market policy

Question 13

What are the main components of working time policy?

Answer 13

1. Work hours and overtime
2. Statutory holidays and paid time off
3. Leaves of absence

Question 14

Define ADJUSTMENT

Answer 14

The shifting of resources to more efficient and productive uses, which is predicted to result in enhanced economic prosperity by improving the economy and raising society’s standard of living

Question 15

Define MAJORITARIANISM

Answer 15

The principle of labour legislation in which the employees in a bargaining unit are able to obtain union representation if more than half of them are in favour of the union

Question 16

Which of the following is not one of the rights conferred on employees through health and safety legislation?

Answer 16

The right to sue

Question 17

What differentiates the requirements for the receipt of special benefits from regular benefits under employment insurance?

Answer 17

The need to demonstrate willingness to work

Question 18

Which of the following is an example of an active labour market policy meant to facilitate adjustment?

Answer 18

Relocation support

Question 19

The most common discrimination defense used by employers which permits them to discriminate based upon legitimate efficiency and business concerns is known as what?

Answer 19

Bona Fide Occupational Requirement Defense

Question 20

When the union is able to be certified by demonstrating that it has majority support of the workers in the proposed bargaining unit, this is known as what?

Answer 20

Card check certification

Question 21

Define blatant discrimination

Answer 21

The type of discrimination that entails paying different wages to different workers based upon the immutable characteristics, such as sex, race, or disability

Question 22

Define industrial voluntarism

Answer 22

The period in Canadian history where the government intervened mainly to reinforce market mechanisms, except in the case of industrial disputes or to protect only the most vulnerable workers

Question 23

Define maximum wage

Answer 23

A mandatory ceiling over which the head of a business, such as CEO, cannot be paid. It may be determined as a multiple of that which is earned by the employer’s lowest paid or average employee

Question 24

Define severance pay

Answer 24

Additional pay that employers are required to pay certain employees for terminating the employment contract (only in Ontario and the Federal jurisdiction).

Question 25

Define living wage

Answer 25

The wage that is necessary to cover all of the basic necessities of life

Question 26

Define Equal Pay for Equal Work

Answer 26

The laws that require the same pay for men and women if they perform “substantially similar” work at the same establishment

Question 27

Equal Pay

Answer 27

The type of law that prohibits the maintenance of different pay scales based on gender for the same job

Question 28

Define employment at will

Answer 28

When an employer can terminate an employee for good reason, bad reason, or any reason at all without warning

Question 29

Define termination notice

Answer 29

The obligation on employers to provide sufficient warning to an employee prior to ending the employment contract

Question 30

Define Wage gap

Answer 30

The term for when certain groups of workers make less than others based upon ineluctable characteristics that should have no influence on how much people earn

Question 31

Define Industrial pluralism

Answer 31

The period in Canadian history where the government created: 1. a framework that promoted the setting of terms and conditions through collective bargaining through collective worker organizations and 2. set direct regulatory standards for those workers unable to collectively bargain

Question 32

Define constructive dismissal

Answer 32

When the employee treats changes made by the employer to the employment contract as a termination

Question 33

Define occupational crowding

Answer 33

the term given for when certain groups of workers self-select into lower wage occupations

Question 34

Define avergaing agreement

Answer 34

the type pf approach to regulating working hours whereby the employer and employee agree to use a period of time greater than the standard workweek in the calculation of overtime

Question 35

Define systemic discrimination

Answer 35

the type of discrimination where rules/standards/practices within an organization that may be unintentional and unobserved perpetuate disadvantages due to a personal attribute or characteristic

Question 36

Define termination pay

Answer 36

The amount of wages and benefits than an employer is required to give an employee if the employer wants to terminate the employment contract immediately

Question 37

Define pay equity

Answer 37

the laws that seek to reduce the gender wage gap due to systemic discrimination by legislating equal pay for equal work of equal value

Question 38

Define contributory negligence

Answer 38

the defense used by employers in court to show that the worker contributed to their workplace injury and therefore is liable

Question 39

Define wage freeze

Answer 39

With the aim of reducing spending or curbing inflation, this type of policy holds the pay of employees at a constant level

Question 40

Define Card check certification

Answer 40

The type of certification whereby a group of employees can obtain union representation without a secret ballot election is known as this

Question 41

Define first contract arbitration

Answer 41

This policy seeks to help establish a bargaining relationship by imposing an agreement through a neutral third party when the parties cannot settle one themselves

Question 42

Define "back to work" legislation

Answer 42

government decides to end a work stoppage, it passes this type of legislation

Question 43

Define rand formula

Answer 43

compulsory dues check-off + an agency shop union security clause

Question 44

Define Industrial Disputes Investigation Act (IDIA)

Answer 44

- piece of legislation from 1907 | - considered the Canadian foundation for contemporary labour relations policy

Question 45

Section 15 - Equality Rights

Answer 45

This section of the Charter prohibits discrimination and has been used to challenge human rights codes

Question 46

Section 2d - Freedom of Association

Answer 46

Protects the right of workers to form, join, and belong to unions

Question 47

Secondary Picketing

Answer 47

The 2002 Pepsi-Cola decision that this type of activity performed at locations other than the employer involved in a work stoppage was protected activity.

Question 48

Right to Strike

Answer 48

the Saskatchewan Decision in 2015 recognized this right as constitutionally protected under Section (2)d

Question 49

The Oakes Test

Answer 49

The test that must be passed in order for a government action to be “saved by Section 1” 1. Pressing and substantial 2. Means must be proportional and justified

Question 50

Define Leaves of Absence

Answer 50

This type of working time policy allows employees to take time off from work in certain situations without the fear of losing their job

Question 51

Define Duty to Accommodate

Answer 51

the requirement that employers remove barriers to equal participation in the workplace for employees covered by a prohibited ground

Question 52

Define "Arises and Occurs" Test

Answer 52

test is used to determine the eligibility of injured workers for benefits under workers’ compensation programs

Question 53

What jurisdiction does (Un)employment Insurance fall under?

Answer 53

Federal

Question 54

Define special benefits

Answer 54

Workers do not need to show a willingness or ability to work to access the EI system and receive these

Question 55

Define co-determination model

Answer 55

Provinces that share the responsibility for their active labour market programs with the federal government

Question 56

Define adverse selection

Answer 56

As an insurance program, employment insurance seeks to avoid this whereby only risky individuals obtain the insurance and low risk individuals do not

Question 57

Define the managerialist perspective

Answer 57

This perspective of the employment relationship believes that optimal outcomes can be achieved by aligning the interests of workers and management

Question 58

Define workplace policy

Answer 58

While not considered public policy, this represents the rules, practices, and norms determined by the parties to the employment relationship

Question 59

Define industrial pluralism

Answer 59

The government’s approach to the employment relationship that promoted collective bargaining and minimum standards in the second half of the 20th century