HRIR 3450 FINAL EXAM QUESTIONS
WITH 100% CORRECT ANSWERS
What do you expect an arbitrator's decision to be? Explain. - Answer-The arbitrator will
side with the union. If the employer established an actual reason for the examination
and that this reason was vital to the safety of heavy equipment operators it would okay.
However, they provided no reason. Without the reason the union can say it is not a
bona fide requirement and therefore discriminatory. As the examination has no proven
reason the arbitrator will side with the union.
Employer could change it to not be discriminatory if they require every to take the
examination not just people who are over the age of 40.
Is it possible that some employees and unions would not want the right to strike? -
Answer-Employees may not get paid during the strike. Employees who have less
bargaining power will lose more bargaining power if they strike (ex. U of M sessional
instructors). Union and unionized employees would then be better off if they do not have
the right to strike.
Why are there restrictions on the issues that can be the subject of contract negotiations
in the public sector? - Answer-Some services provided by the public sector are so
important and deemed essential so the union should not have the power to make key
decisions.
Three key methods to resolve contract disputes in the public sector are interest
arbitration, a strike, and a designated strike. Consider the following employees: clerical
staff at Revenue Canada, air traffic controllers, and teachers. Which method of dispute
resolution would be preferred by the union and by the employer? - Answer-Staff at
revenue Canada will want a strike because they are essential service and disruption
would cause lots of issues meaning they have lots of bargaining power (around tax
season lower during the "off" season). During the off season they will want interest
arbitration. Air traffic controllers will want right to strike because they have lots of
bargaining power (necessary for any type of air travel and is a highly trained job).
Teachers will want a strike during the school year as they have lots of power because
they provide childcare for younger ages. During the summer it should be interest
arbitration.
Lets Suppose Company A's employees are on strike and are picketing. An employee of
company B has to deliver a package in the premises of Company A. Employee of
Company B refuses to cross the picket line does that mean now employees of company
, B are also on strike? Yes/no - Answer-No, it does not mean that Company B employees
are on strike. It is only one employee and no strike is defined by the actions of one
employee.
Hot cargo Clause in a CA may state that the employees of the bargaining unit can
refuse to handle the material provided by company on Strike. Hot cargo clause is stated
in the CA of Company A. Company A receives one thousand widgets from Company B
(employees of company B are unionized and are on strike). The employees in company
A refuse to touch the widgets received from Company B, does this mean Company A
employees are also on strike now? If yes is this a legal strike? - Answer-Yes, they are
on strike because the employees in company A employees are refusing to work. This
strike is not legal because the collective agreement is still in place, meaning that if the
employees strike it will go against the collective agreement. This means that the clause
is discredited.
While a CA was in place in Company A one employee died due to an accident in the
furnace unit. All the employees were highly upset and collected outside the building and
refused to go back to their workstations. The president and all the other union officials
tried their best to convince the employees to go back to their workstations but the
employees refused to budge. In this situation will the union still be held responsible for
the strike. - Answer-This is a wildcat strike where the employees illegally strike without
the union's permission. The union will not be held responsible for the strike as they did
their best to get the employees to go back to work (sometimes will have to pay for the
losses the company has as a result of the strike)
If there is an accident and unions stop working but the management and union shows
no sign in helping the employees to go back or make minimal effort. This would mean
the union is held responsible because they did not show any sign of encouraging the
workers to go back to work. They will then have to pay back losses as a result of the
illegal wildcat strike.
Globalization has made it almost impossible for the Govt to raise taxes. True/false -
Answer-True, for businesses specifically (not for individuals). If taxes are raised the
business will move operations to a country that offers much lower taxes (or pay them to
a different place so they pay not in the country of origin)
Ferry strike: Outline an argument that the employer could make before the Labour
Relations Board. - Answer-Essential service because it provides health and safety
services to the community. Also places people rely on like hospitals, grocery stores, gas
station, etc are needed to be accessed by the community. It would be super unhelpful
for people living on the island.
Outline a response the union could make to the employer's request for a return to
normal hours of operation - Answer-The union will say that there are other alternatives
to cross the river not just the ferry. They are also running as per the agreement, so the
management is responsible for the lack of services too. Ferries will still operate in
WITH 100% CORRECT ANSWERS
What do you expect an arbitrator's decision to be? Explain. - Answer-The arbitrator will
side with the union. If the employer established an actual reason for the examination
and that this reason was vital to the safety of heavy equipment operators it would okay.
However, they provided no reason. Without the reason the union can say it is not a
bona fide requirement and therefore discriminatory. As the examination has no proven
reason the arbitrator will side with the union.
Employer could change it to not be discriminatory if they require every to take the
examination not just people who are over the age of 40.
Is it possible that some employees and unions would not want the right to strike? -
Answer-Employees may not get paid during the strike. Employees who have less
bargaining power will lose more bargaining power if they strike (ex. U of M sessional
instructors). Union and unionized employees would then be better off if they do not have
the right to strike.
Why are there restrictions on the issues that can be the subject of contract negotiations
in the public sector? - Answer-Some services provided by the public sector are so
important and deemed essential so the union should not have the power to make key
decisions.
Three key methods to resolve contract disputes in the public sector are interest
arbitration, a strike, and a designated strike. Consider the following employees: clerical
staff at Revenue Canada, air traffic controllers, and teachers. Which method of dispute
resolution would be preferred by the union and by the employer? - Answer-Staff at
revenue Canada will want a strike because they are essential service and disruption
would cause lots of issues meaning they have lots of bargaining power (around tax
season lower during the "off" season). During the off season they will want interest
arbitration. Air traffic controllers will want right to strike because they have lots of
bargaining power (necessary for any type of air travel and is a highly trained job).
Teachers will want a strike during the school year as they have lots of power because
they provide childcare for younger ages. During the summer it should be interest
arbitration.
Lets Suppose Company A's employees are on strike and are picketing. An employee of
company B has to deliver a package in the premises of Company A. Employee of
Company B refuses to cross the picket line does that mean now employees of company
, B are also on strike? Yes/no - Answer-No, it does not mean that Company B employees
are on strike. It is only one employee and no strike is defined by the actions of one
employee.
Hot cargo Clause in a CA may state that the employees of the bargaining unit can
refuse to handle the material provided by company on Strike. Hot cargo clause is stated
in the CA of Company A. Company A receives one thousand widgets from Company B
(employees of company B are unionized and are on strike). The employees in company
A refuse to touch the widgets received from Company B, does this mean Company A
employees are also on strike now? If yes is this a legal strike? - Answer-Yes, they are
on strike because the employees in company A employees are refusing to work. This
strike is not legal because the collective agreement is still in place, meaning that if the
employees strike it will go against the collective agreement. This means that the clause
is discredited.
While a CA was in place in Company A one employee died due to an accident in the
furnace unit. All the employees were highly upset and collected outside the building and
refused to go back to their workstations. The president and all the other union officials
tried their best to convince the employees to go back to their workstations but the
employees refused to budge. In this situation will the union still be held responsible for
the strike. - Answer-This is a wildcat strike where the employees illegally strike without
the union's permission. The union will not be held responsible for the strike as they did
their best to get the employees to go back to work (sometimes will have to pay for the
losses the company has as a result of the strike)
If there is an accident and unions stop working but the management and union shows
no sign in helping the employees to go back or make minimal effort. This would mean
the union is held responsible because they did not show any sign of encouraging the
workers to go back to work. They will then have to pay back losses as a result of the
illegal wildcat strike.
Globalization has made it almost impossible for the Govt to raise taxes. True/false -
Answer-True, for businesses specifically (not for individuals). If taxes are raised the
business will move operations to a country that offers much lower taxes (or pay them to
a different place so they pay not in the country of origin)
Ferry strike: Outline an argument that the employer could make before the Labour
Relations Board. - Answer-Essential service because it provides health and safety
services to the community. Also places people rely on like hospitals, grocery stores, gas
station, etc are needed to be accessed by the community. It would be super unhelpful
for people living on the island.
Outline a response the union could make to the employer's request for a return to
normal hours of operation - Answer-The union will say that there are other alternatives
to cross the river not just the ferry. They are also running as per the agreement, so the
management is responsible for the lack of services too. Ferries will still operate in
