HRIR 3450 Final Exam Questions and
Answers17
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. - ANSWERS-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 - ANSWERS-
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. - ANSWERS-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 - ANSWERS-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 emergencies so the issues
with emergency services is managements fault for not contacting enough employees.
What powers does the British Columbia provincial minister responsible for labour relations have
in this situation? - ANSWERS-The provincial minister has the power to back-to-work legislation
through arbitration.
Identify and explain the rationale for your preferred alternative contract dispute resolution
(CDR) method to be applied in the future between the ferry service and its union. - ANSWERS-
Arbitration is best and will likely side with the union. However the government will likely side
with the management to improve health, safety, and welfare (as it is where public opinion lies).
A non-union employee might file a complaint with the appropriate Labour Relations Board, and
the Board might order the employer to reinstate the employee. - ANSWERS-False: non
unionized workers can only file a law suit against the employer and in most jurisdictions the
court does not have the right to force the employer to rehire the worker
A collective agreement provides that any work done on a Sunday will be paid at the overtime
rate. A union might be required to waive this term of the agreement to meet its obligations
under human rights legislation. That is, the union might be required to agree to an employee
working on Sunday and not be paid overtime if the employee cannot work on Saturday because
of his or her religious belief. - ANSWERS-True: it comes under duty of accommodation
Some employers attempt to avoid unionization by paying non-union employees wages that are
equivalent to the wages paid unionized employees. - ANSWERS-True : this can be explained by
what is known as "threat effect" of the unions
A government may pass back-to-work legislation ordering an end to a strike in the public sector;
however, strikes in the private sector cannot be ended by back-to-work legislation. - ANSWERS-
False: govt can pass legislation to bring back the workers in both public and Private sector
, Over the past 30 years the percentage of employees who are represented by unions has
dramatically declined in both Canada and the United States. - ANSWERS-False: it has drastically
declined in US ( from about 30% to12% unionized workers today ) but in Canada it fell from all
time high of 33% to about 28% so not a very drastic decrease
When a union attempts to organize employees there is always a vote held to determine if the
employees wish to be represented by the union. - ANSWERS-False: there are some jurisdiction
where representation vote is not required (as long as a certain percent of workers sign a union
card)
Collective agreements can provide that employees are required to become union members.
Accordingly, an employer could be forced to terminate an employee who refused to join the
union. - ANSWERS-True: it happens in unionized firms with "union shop "mandate ex Univ of
Manitoba
When an employee takes a complaint to his or her union—for example, the employee alleges
termination without cause—the union is required to pursue the matter with the employer. -
ANSWERS-False: the ownership of the complaint lies with the union and they can refuse to take
up the complaint of an employee in that case unionized employee can file a
complaint against the union with labour relations board claiming discrimination etc
In the course of negotiation of a collective agreement the employer may be required to reveal
information to the union even though the union has not requested it. - ANSWERS-True: concept
of "bargaining in good faith"
When a vote is held to authorize a strike, all employees in the group that would be on strike are
entitled to vote. That is, both union members and employees who are not union members are
entitled to vote. - ANSWERS-True: because the strike will effect all of them
Some public sector employees have the right to strike, provided essential services are
maintained for the public by having some employees continue to work. - ANSWERS-True: known
as designated strike example postal workers of Canada
Answers17
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. - ANSWERS-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 - ANSWERS-
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. - ANSWERS-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 - ANSWERS-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 emergencies so the issues
with emergency services is managements fault for not contacting enough employees.
What powers does the British Columbia provincial minister responsible for labour relations have
in this situation? - ANSWERS-The provincial minister has the power to back-to-work legislation
through arbitration.
Identify and explain the rationale for your preferred alternative contract dispute resolution
(CDR) method to be applied in the future between the ferry service and its union. - ANSWERS-
Arbitration is best and will likely side with the union. However the government will likely side
with the management to improve health, safety, and welfare (as it is where public opinion lies).
A non-union employee might file a complaint with the appropriate Labour Relations Board, and
the Board might order the employer to reinstate the employee. - ANSWERS-False: non
unionized workers can only file a law suit against the employer and in most jurisdictions the
court does not have the right to force the employer to rehire the worker
A collective agreement provides that any work done on a Sunday will be paid at the overtime
rate. A union might be required to waive this term of the agreement to meet its obligations
under human rights legislation. That is, the union might be required to agree to an employee
working on Sunday and not be paid overtime if the employee cannot work on Saturday because
of his or her religious belief. - ANSWERS-True: it comes under duty of accommodation
Some employers attempt to avoid unionization by paying non-union employees wages that are
equivalent to the wages paid unionized employees. - ANSWERS-True : this can be explained by
what is known as "threat effect" of the unions
A government may pass back-to-work legislation ordering an end to a strike in the public sector;
however, strikes in the private sector cannot be ended by back-to-work legislation. - ANSWERS-
False: govt can pass legislation to bring back the workers in both public and Private sector
, Over the past 30 years the percentage of employees who are represented by unions has
dramatically declined in both Canada and the United States. - ANSWERS-False: it has drastically
declined in US ( from about 30% to12% unionized workers today ) but in Canada it fell from all
time high of 33% to about 28% so not a very drastic decrease
When a union attempts to organize employees there is always a vote held to determine if the
employees wish to be represented by the union. - ANSWERS-False: there are some jurisdiction
where representation vote is not required (as long as a certain percent of workers sign a union
card)
Collective agreements can provide that employees are required to become union members.
Accordingly, an employer could be forced to terminate an employee who refused to join the
union. - ANSWERS-True: it happens in unionized firms with "union shop "mandate ex Univ of
Manitoba
When an employee takes a complaint to his or her union—for example, the employee alleges
termination without cause—the union is required to pursue the matter with the employer. -
ANSWERS-False: the ownership of the complaint lies with the union and they can refuse to take
up the complaint of an employee in that case unionized employee can file a
complaint against the union with labour relations board claiming discrimination etc
In the course of negotiation of a collective agreement the employer may be required to reveal
information to the union even though the union has not requested it. - ANSWERS-True: concept
of "bargaining in good faith"
When a vote is held to authorize a strike, all employees in the group that would be on strike are
entitled to vote. That is, both union members and employees who are not union members are
entitled to vote. - ANSWERS-True: because the strike will effect all of them
Some public sector employees have the right to strike, provided essential services are
maintained for the public by having some employees continue to work. - ANSWERS-True: known
as designated strike example postal workers of Canada
