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CLN4U Exam Review > Labour Law Lecture - Chapter 12 > Flashcards

Labour Law Lecture - Chapter 12 Flashcards

1
Q

Labour law, unlike criminal law, is destined to do what?

A

Touch on the lives of most people

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2
Q

Bargaining for salary and benefits can take what?

A

Several forms

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3
Q

What are the three forms of bargaining?

A

-Individual Bargaining
-Bargaining through an Agent
-Bargaining Collectively

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4
Q

What is the most common form of bargaining?

A

Individual Bargaining

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5
Q

What does individual bargaining include?

A

Signing standard contracts

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6
Q

Who does bargaining through an agent involve?

A

Actors and Executives

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7
Q

Who is involved in bargaining collectively?

A

Unions, associations like the Canadian Dental Association

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8
Q

What must all contracts abide by?

A

The law

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9
Q

Unfortunately, most laws affecting the workplace what?

A

Differ from province to province as they fall under provincial jurisdiction (BNA Act).

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10
Q

What is an example of this?

A

Minimum wage is not uniform, nor is the use of replacement workers during a strike

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11
Q

What is one example of an industry that does fall under federal jurisdiction?

A

Airlines

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12
Q

What has changed significantly over the last century?

A

The attitude toward employer-employee relations

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13
Q

What happened in 1872?

A

The Trade Unions Act somewhat allowed unions

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14
Q

What happened in 1907?

A

The Industrial Disputes Investigation Act, which created a conciliation board

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15
Q

What happened in 1919?

A

Still lots of conflict, i.e. the Winnipeg General Strike in 1919.

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16
Q

What happened in 1927?

A

The first Old Age Pensions Act

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17
Q

What happened in 1941?

A

The Unemployment Insurance Act

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18
Q

What happened in 1944?

A

PC 1003 (Wartime Labour Relations Regulations)-Unions finally legal

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19
Q

What happened in 1948?

A

Industrial Relations and Disputes Investigation Act - Regulated collective bargaining; provide for a secret ballot; and required bargaining in good faith.

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20
Q

What happened in 1967?

A

Canada Labour Code

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21
Q

What does provincial employment legislation cover?

A

Everything from workplace safety and minimum wages to compensation for injuries?

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22
Q

Each province has its own what?

A

Employment standards acts (ESA), which lays out basic rights and responsibilities.

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23
Q

Where are many labour disputes settled?

A

Outside of the court system

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24
Q

What have federal and provincial governments established?

A

A system of boards and tribunals

25
Q

What were these system of boards and tribunals based on?

A

The belief that these bodies would become experts, be less intimidating to workers, less costly, and more timely.

26
Q

What do these boards have?

A

A significant amount of power

27
Q

What do unions arouse for?

A

Combatting the horrible conditions that existed in the early industrial revolution.

28
Q

What do most people focus on?

A

Unions’ ability to bargain for better wages

29
Q

Where do unions also gain influence of?

A

Workplace conditions and grievance processes

30
Q

What do many unions also do?

A

Provide services (e.g. counseling)

31
Q

What is the Union structure in Canada?

A

Complex

32
Q

Most unionized workplaces have what?

A

A “union local.”

33
Q

What are these locals usually part of?

A

A larger union structure (i.e. CAW)

34
Q

What do many unions also belong to?

A

Even larger labour organizations (i.e. CLC)

35
Q

What have larger unions become?

A

Increasingly important as they help to forge links that allow unions to deal with issues that cross boarders (e.g. child labours)

36
Q

How many types of unionized workplaces in Canada are there?

A

Three types

37
Q

What are these three types?

A

-Closed Shop
-Union Shop
-Agency Shop

38
Q

Describe Closed Shop

A

Employer agrees to hire only workers who are already members of a specific union (e.g. some construction firms).

39
Q

Describe Union Shop

A

Employees must join the union after being hired (e.g. public schools).

40
Q

Describe Agency Shop

A

A modification of union shop in which employees do not have to join the union but must still pay union dues

41
Q

While forming unions is no longer illegal, and those who try to do so cannot be discriminated against, what is it still?

A

A tough process

42
Q

To form a union, workers must go through what?

A

The union certification process

43
Q

Once certified a union has what?

A

The authority to negotiate with the employer on behalf of the employees

44
Q

What is the certification process?

A

Evidence that majority support the union, submit evidence to provincial labor board.

45
Q

Once a bargaining unit has been established and the union certified, union representatives are expected to what?

A

Bargain for a collective agreement

46
Q

In the end the union brings back what?

A

An agreement for the members to ratify

47
Q

If both sides cannot come to an agreement, what happens?

A

There are procedures for arbitration

48
Q

What is a mediator?

A

An outside third party who suggests possible compromises.

49
Q

In mediation, both sides must agree on what?

A

Choice of mediator and both sides are free to ignore his/her recommendations

50
Q

What is binding arbitration?

A

Both sides must find arbitrator acceptable, however his/her decision is binding

51
Q

What is Final-Offer Selection?

A

In this version of arbitration both parties present their bottom line to arbitrator and he/she picks one.

52
Q

What happens if mediation fails and there is no provision for arbitration?

A

The last resort is a strike or lockout

53
Q

What do strikes involve? While lockouts?

A

Workers walking out, while lockouts see management lock workers out

54
Q

Strikes and lockouts are actually what?

A

Rare (very costly for both sides)

55
Q

More common are what compared to strikes and lockouts?

A

Work-to-rule campaigns

56
Q

Some workers aren’t allowed to what?

A

Strike (e.g. Firefighters)

57
Q

What can governments also pass?

A

“Back-to-work” legislation

58
Q

What is globalization having?

A

A tremendous impact on unions and bargaining

59
Q

What does the ability of corporations to move to other nations undercut?

A

The ability of unions or workers to effectively negotiate as they once did.

CLN4U Exam Review (17 decks)

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