McQuarrie Chapter 1 - Industrial Relations

Question 1

Define Industrial Relations

Answer 1

Relationship between a union and an employer

Question 2

Whats the difference between Industrial Relations vs Human Resource Management?

Answer 2

IR refers to employment relationships in a unionized environment

HR deals with employment relationships in all types of organizations

Question 3

What case established that most industrial relations are a provincial responsibility

Answer 3

Snider vs Toronto Electrical Commission

Question 4

What businesses are covered by Federal Labour Laws

Answer 4

Any business that crosses provincial boundaries (interprovincially)
ie: Banking telecommunications, Broadcasting

Question 5

What businesses are covered by Provincial Labour Laws

Answer 5

Any business that operate within the boundaries of the Province (intraprovincially)

Provincial law covers 90% of union-employer relationships in Canada

Question 6

What are some common characteristics between Federal and Provincial labour laws

Answer 6

Establishing union certification procedures
Setting the minimum terms for collective agreements
Establishing procedures for legal strikes & lockouts
Establishing dispute resolution mechanisms
Defining unfair labour practices
Creating a labour relations board

Question 7

Describe what a Para-Public/Quasi-Public Sector legislation covers

Answer 7

Covers government employees and employees affiliated with the government

Funded by the government but are not directly paid by the government
ie: Health care workers

Question 8

Explain the Human Rights Legislation

Answer 8

Exists in every jurisdiction

Prohibits discrimination - intentional or systematic

Question 9

What are the implications for unions and employers in regards to the Humans Rights Legislation?

Answer 9

Collective agreements must not contain clauses that have the effect of discriminating
Union and employers must not act in a discriminatory fashion

Question 10

Explain the Charter of Rights and Freedoms

Answer 10

Guarantees certain basic rights and freedoms for all Canadians

Question 11

What are the two exceptions of the Charter of Rights and Freedom of pre-eminent law

Answer 11

Laws that can be justified as imposing reasonable limits in a “free and democratic society”

Laws passed by invoking the “notwithstanding” provision
-Allows Parliament or provincial to TEMPORARILY override portions of the charter

Question 12

What rights do major industrial relations issues focus on in the Charter of Rights and Freedom?

Answer 12

Freedom of association
Freedom of peaceful assembly
Freedom of thought, belief, opinion, and expression

Question 13

Explain the Dolphin Delivery, 1982 Case

Answer 13

Charter provisions do not apply to court orders resolving common-law based disputes between private parties

Question 14

Explain the “Labor Trilogy” case

Answer 14

Right to belong to a union is protected by Charter

But rights to strike and bargain collectively are not protected

Question 15

Explain the Lavigne 1991 case

Answer 15

Ruled that mandatory union dues do not violate the charter

Question 16

Explain the Dunmore vs Ontario, 2001 case

Answer 16

Rules that the right to freedom of association was violated if an entire class of workers was excluded from protection

Question 17

Name 4 characteristics of a Unionized workplace in Canada

Answer 17

1. Unionized workplace more likely to be in the public sector and a large workforce
2. Rates of unionization are similar across industrial categories but vary across occupations
3. Union membership is slightly higher in women and older workers
4. Union members are well educated and likely full-time employees