Unit 4 - End of Unit Learning Exercises

Question 1

Back-to-work legislation

Answer 1

A statue enacted for the specific purpose of bringing an end to a lawful work stoppage by referring outstanding bargaining issues to an interest arbiritator for fnal resolution

Question 2

Certification

Answer 2

The process of legally recognising a union as the exclusive bargaining agent of a particulargroup of workers

Question 3

Collective bargaining

Answer 3

Negotiations between an employer (or employers) and a trade union (or trade unions) that sets out the conditions of employment for a group of employees

Question 4

Conciliation

Answer 4

A form of mediation in which a netural colllective bargaining expert attempts to assist an employee association (e.g. a union) and an employer or employer association in reaching a collective agreement

Question 5

Decertification

Answer 5

The legal process through which unionized workers remove their legal representative and transition from the collective bargaining regime to the common law regime. It is also referred to a terminating collective bargaining rights

Question 6

Duty of fair representation

Answer 6

A legal obilgation imposed on unions to represent employees who fall within the scope of their represention rights in a manner that are not arbitary, discriminatory, or in bad faith

Question 7

Essential services

Answer 7

Services that are essential to protect the health, safety, or security of the public. For example, police officers, firefighters, and medical peractitioners perform essential services. Some governments consider services that are important to the public, such as public transit or mail delivery, as essential services as well

Question 8

Final offer selection

Answer 8

A form of interest arbitration in which the union and employer submit a complete final offer for a collective agreement and then the arbitration panel selects either the union’s or the employer’s final offer in its entirely

Question 9

First contract arbitration

Answer 9

A statutory provision that refers a collective bargaining impasse during negotiation for a first collective agreement to interest arbitration. Condition for accessing first contract abritration bary by jurdiction

Question 10

Grievance

Answer 10

A formal complaint lodged under a collective agreement that alleges a contravention of the collective agreement

Question 11

Interest arbitration

Answer 11

An individual or three person espert arbiiration board tasked with writing the terms of a collective agreement when the union and employer are unable to reach aagreement through voluntary collective bargaining

Question 12

Judicial review

Answer 12

A process through which a decision of an expert administrative tribunal isappealed to a court on the basis that the tribunal exceeded its authority (or jurisdiction) as defined in the statute that created it or that the tribunal’s decision was wrong. How muchdeference a courtmust give to the expert tribunal’s decision is a complex question that is considered in a field of law known as administrative law

Question 13

Lockout

Answer 13

A tactic where by an employer refuses to premit employees to report to work and to pay their employees in order to apply pressure to the employees and their union in collective bargaining

Question 14

Open period

Answer 14

A period of time defined in a collective bargaining statue during which a union may apply to displace another union as the representative of a group of employees or during which unionized employees may file an application to “decertify” the union

Question 15

PC 1003

Answer 15

Granted workers collective bargaining rights, including protection form anti-union discrimination by employers and a limited protected right to strike, and imposed on employer the legal “duty to bargain” with unions representing a majority of worker

Question 16

Ratification

Answer 16

A vote by unionized employees in favour of accepting a proposed collective agreement

Question 17

Recognition strike

Answer 17

A strike by workers with the aim of pressuring an employer to recogise and bargain with a union on behalf of the employees

Question 18

Reserved management rights

Answer 18

An interpretive principle applied in labour arbitartion that presumes that unionized employers retain the basic rights to run their business as they been fit, subject to any statutory or contractual restrictions bargained by the union. These rights are sometimes call residual managment rights

Question 19

Secondary picketing

Answer 19

Picketing in a labour dispute that take place at a location other than the workplace where the workers engaged in the dispute are employed

Question 20

Statutory freeze

Answer 20

Is a period during which the employer cannot change the terms and conditions of employment. More specifically, this refers to the terms and conditions that apply to the employees in. the proposed bargaining unit. Labour laws provide three situations in which a statutory freeze takes.

Question 21

Unfair labour practice

Answer 21

An action undertake by somone actingon behalf of either a union or employer, on on their own behalf, that violates one of more provisions in the collective bargaining legislation

Question 22

Voluntary recognition

Answer 22

An arrangementin which an employer elects to recognize an bargain with a union that have not been certified by the government as the representative of employees