Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Labour & Industrial Relations > Module V > Flashcards

Module V Flashcards

1
Q

List: workplace factors affecting unionization (8)

A
  • Compensation
  • Fairness, equity
  • Job security
  • Working conditions
  • Workload
  • Voice in policymaking
  • Complaint mechanism
  • Employer policies
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

List: external factors affecting unionization (2)

A
  • Attitudes toward unions

- Economic factors

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

List: ways bargaining rights can be obtained (2)

A
  • Voluntary recognition agreement

- Certification process

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

List: the fourfold test to determine if an employment relationship exists (4)

A
  • Control
  • Ownership of tools
  • Chance of profit
  • Possibility of loss
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

List: employees excluded from unionization (4)

A
  • Independent contractors
  • Managerial exclusion
  • Employees involved in labour relations
  • Occupational exclusions
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

List: factors determining the identity of the employer (7)

A
  • The party exercising direction and control over the employees performing the work
  • The party bearing the burden of renumeration
  • The party imposing any discipline
  • The party hiring the employees
  • The party with the authority to dismiss the employees
  • The party who is perceived to be the employer of the employees
  • The existence of any intention to create the relationship of employer and employee
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Define: unfair labour practices

A

Conduct by union, employer or employees that is prohibited by legislation. Can vary by jurisdiction.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

List: employer conduct considered unfair labour practices (4)

A
  • Threats, intimidation, and coercion
  • Interference or influence by employer
  • Changes in working conditions
  • Statutory freeze
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

List: employer conduct considered permissible (NOT considered unfair labour practices) (3)

A
  • Communicating with employees
  • Prohibiting entry by union
  • Prohibiting solicitation by union
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

List: union conduct considered unfair labour practices (2)

A
  • Intimidation, threats or coercion to compel a person to become or cease to be a member of a trade union
  • Solicitation of union support during working hours
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

List: remedies for unfair labour practices (4)

A
  • Reinstatement of discharged employees
  • Compensation or damages
  • Notice to employees
  • Access
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Ordered list: unfair labour practices procedure (4)

A
  1. Complaint filed with Labour Relations Board
  2. Attempt to settle complaint
  3. Hearing before Labour Relations Board
  4. Board decision
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Define: de-certification

A

Process by which a Labour Relations Board revokes the right of union to represent employees and bargain

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Define: successor rights

A

The purchaser of a business is bound by the certification of union and existing collective agreement.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

List: importance of collective agreements (6)

A
  • Workplace control and profitability
  • Wages and benefits
  • Seniority, layoffs, promotions
  • Grievance and arbitration process
  • Rights of the union
  • Cost and availability of services
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

List: mandatory terms of a collective agreement (3)

A
  • Prohibition against strikes and lockouts during term of the agreement
  • Arbitration provision for agreement administration
  • Minimum term of one year
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What is included in the Recognition section of a collective agreement?

A
  • Scope clause
  • Union as bargaining agent
  • Describe terms of unit location and jobs
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What is included in the Grievance and Arbitration Procedure section of a collective agreement?

A
  • Defines a grievance
  • Grievance procedure
  • -Steward
  • -Arbitration
  • Types of grievances
  • -Individual grievance
  • -Group grievance
  • -Policy grievance
  • Time limit
  • -Mandatory time limit
  • -Directory time limits
  • Probationary employees
  • Forms of arbitration
  • Problems with arbitration
  • -Expediated arbitration
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What is included in the Bargaining Unit Work section of a collective agreement?

A
  • Work normally done by employees in bargaining unit
  • Assigning work to employees outside the bargaining unit
  • Including outside employees in the bargaining unit
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What is included in the Strikes and Lockouts section of a collective agreement?

A

Strike: refusal to work by bargaining unit members
Lockout: employer’s refusal to allow employees to work
-Both prohibited during term of collective agreement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What is included in the Duration of Agreement section of a collective agreement?

A
  • Minimum one year
  • Two of three year more common
  • Employers seek longer terms
  • Unions seek shorter terms to increase chance of improvements
22
Q

What is included in the Union Security section of a collective agreement?

A
  • Union dues
  • Union membership
  • -Rand formula or agency shop
  • -Closed shop
  • -Union shop, modified union shop
  • -Maintenance of membership
  • -Open shop
23
Q

What is included in the Management Rights section of a collective agreement?

A
  • Reserved or residual rights
  • Extent of restriction
  • Good faith
  • Sound business reason
  • Short form
  • Long form
24
Q

What is included in the Contracting Out section of a collective agreement?

A
  • Restrictions
  • Extent of restriction
  • Good faith
  • Sound business reason
  • Not related to restriction on bargaining unit
25
Q

What is included in the Discipline and Discharge section of a collective agreement?

A
  • Management rights article
  • Just cause article
  • Union representation
  • Notice and reason
  • Time limits
  • Sunset clause (record of discipline)
26
Q

What is included in the Discrimination section of a collective agreement?

A
  • Confirmation of legislation
  • Listing grounds of discrimination prohibited
  • -May be broader than legislation
  • -Elimination of bona fide occupation requirements
27
Q

What is included in the Seniority section of a collective agreement?

A
  • Definition
  • -Length of service with employer
  • -Competitive status re: jobs
  • -Benefit status re: entitlements
  • Application to workplace
  • -Unions: seniority for more workplace issues
  • -Employers: seniority for fewer workplace issues
  • -Super-seniority
  • Termination
  • -Leaving bargaining unit
  • -layoffs and recall period
  • -Deemed termination
  • Accumulation during leave
  • Application
  • -Layoffs (bumping rights)
  • -Recalls
  • -Job vacancies
  • –Sufficient ability clause
  • –Relative or competitive ability clause
  • –Hybrid seniority
28
Q

What is included in the Health & Safety section of a collective agreement?

A
  • Legislation
  • Employer and Employee obligations
  • Canadian Centre for Occupational Health & Safety
  • Joint Health and Safety Committee
  • Additional provisions
29
Q

What is included in the Wages section of a collective agreement?

A
  • Job classification
  • Rate and increase
  • Change in classifications
  • Additional allowances
  • Cost-of-living allowances
30
Q

What is included in the Benefits section of a collective agreement?

A
  • Benefits provided
  • Included in agreement or not
  • Detailed in agreement or not
  • Arbitration mechanism
  • Employee contribution
  • How disputed are resolved
  • -Claims to insurer
  • -Grievance and arbitration
  • To avoid grievance and arbitration, benefits should not be referenced in the collective agreement
  • Benefits as compensation or not
31
Q

What is included in the Hours of Work and Scheduling section of a collective agreement?

A
  • Shift length and schedule
  • Minimum number of hours
  • Lunch and break periods
  • Notice for shift change
  • Additional pay
32
Q

What is included in the Overtime section of a collective agreement?

A
  • Restrictions
  • Definition
  • Distribution
  • Additional compensation
  • Remedy for errors
33
Q

What is included in the Technological Change section of a collective agreement?

A
  • Regulation through legislation
  • Protecting against job loss
  • Period of notice
  • Job guarantees
  • Re-training
  • Preferences in future openings
34
Q

What is included in the Leave section of a collective agreement?

A
  • Jury duty
  • Bereavement leave
  • Maternity leave
  • Parental leave
  • Sick leave
  • Union leave
  • Personal leave
35
Q

What is included in the Union Business section of a collective agreement?

A
  • Information to employees
  • Bulletin board for information
  • Office space for steward
  • Meetings during working hours
  • Grievance investigation during working hours
36
Q

List: distinctive features of labour negotiations (4)

A
  • Ongoing relationship
  • Large number of issues
  • Legislative requirements
  • Agreement requires approval of constituents
37
Q

Define: centralized bargaining

A

Negotiations that cover more than one location, bargaining unit, or employer

38
Q

Define: industry bargaining

A

One negotiation covers all employees in an industry

39
Q

Define: decentralized bargaining

A

Negotiations between one employer and one union for one location

40
Q

List: types of union-management relationship (5)

A
  • Conflict
  • Containment-aggression
  • Accommodation
  • Cooperative
  • Collusion
41
Q

List: factors affecting the union-management relationship (4)

A
  • External economic, technological, and legal factors
  • Personalities of leaders
  • Beliefs and values of leaders
  • Experience with collective bargaining
42
Q

Ordered list: Collective bargaining negotiation process

A
  1. Notice to Bargain
  2. Bargaining teams selected
  3. Preparation of demands
  4. Negotiation meetings
    - If agreement reached, skip 5/6
  5. Conciliation / Mediation
    - If agreement reached, skip 6
  6. Strike/Lockout and/or arbitration
  7. Agreement (or impasse)
43
Q

List: factors affecting union demands (7)

A
  • Experience with the collective agreement
  • Grievances and complaints filed by bargaining unit members
  • Arbitration decisions
  • Input from bargaining unit members
  • Input from national or international unions
  • Economic forecasts
  • Contract settlements, industry and local
44
Q

List: factors affecting employer demands

A
  • Experience with the collective agreement
  • Grievances and arbitration decisions
  • Feedback from managers
  • Business plans
  • Economic forecasts
  • Contract settlements, industry and local
45
Q

Ordered list: stages of negotiation

A
  1. Establishing the negotiation range
  2. Search phase
    - Monetary issues
    - Non-monetary issues
  3. Crisis phase
46
Q

List: bargaining actions deemed to be in bad faith (10)

A
  • Surface bargaining
  • Refusal to meet
  • Objections to composition of a bargaining team
  • Unlawful strike or lockout threats
  • Circumventing the union
  • Failing to provide information
  • Failing to explain proposals
  • Changing position without justification
  • Last minute demands
  • Illegal demands
47
Q

What is first contract arbitration?

A

The imposition of an agreement where efforts to reach a first contract have failed.
-Availability: determined by legislation
-Contents of agreement: made by LRB or arbitrator
-Significance: prevents unreasonable terms
Tends to be pro-union compared to USA.

48
Q

List: factors affecting the employer’s bargaining power (7)

A
  • Inventory levels
  • Interdependence of bargaining unit
  • Competitive position of employer
  • Time of negotiations
  • Ability to continue operations
  • Bargaining structure
  • Public opinion
49
Q

List: factors affecting the union’s bargaining power

A
  • Support of bargaining unit members
  • Size of strike fund
  • Timing of a strike
  • Effectiveness of a strike
  • Effect of picketing
  • Labour cost / total cost
  • Elasticity of demand for product or service provided by employer
  • Public opinion
50
Q

List: types of negotiations (2)

A
  • Distributive bargaining

- Integrative bargaining

51
Q

List: four principals of interest-based bargaining (4)

A
  • Separate the people from the problem
  • Focus on interests, not positions
  • Invent options for mutual gain
  • Insist on using objective criteria

Labour & Industrial Relations (4 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions