Chapter 4

Question 1

Agriculture Workers Voice Concerns in Federal Review of Temporary Foreign Worker Program

Answer 1

Main issues: health and safety, housing piece rate pay and employment rights

Question 2

Trade Union Act 1872

Answer 2

Act that allowed unions legal recognition but they were faced with hostile employers

Question 3

The Industrial Dispute Investigation Act (1907)

Answer 3

an attempt to provide an orderly mechanism for union recognition

Question 4

The Snider Case

Answer 4

landmark decisions that determined labour matter fell under the purview of provinces under the British north American act

Question 5

P.C. 1944

Answer 5

Canadian version of the Wagner Act, under the War Measures Act it was introduced to privy council

Question 6

Labour Boards

Answer 6

established by the goverment to ensure that labour laws are adhered by both management and union s

Question 7

key cases the labour board will hear

Answer 7

certification/decertification
unfair labour practices
illegal strikes or lockouts

Question 8

Certification

Answer 8

recognition of a union to be the legal bargaining agent of a group of employees by the labour board

two key elements
a) Definition of the bargaining unit
b) unfair labour practices

Question 9

Bargaining unit

Answer 9

group of employees that are eligible to be represented by a union

management employees are excluded from union representation

employees who want to be represented must have a community of interest

employee structure and employee desire is taken in to consideration

Question 10

Who can practice unfair labour practices?

Answer 10

employers, unions, and employees

intimidation and coercion and violation of the Labour Relations Act

Question 11

Duty of Fair Representation

Answer 11

the obligation union has to represent all its members equally and in a non-discriminatory manner

Question 12

Collective Bargaining

Answer 12

Good-faith bargaining: both parties need to try to come to a settlement

Dispute resolution: legislation provides for government intervention in bargaining (ban on strikes)

Question 13

how does Wagner Act and canadian labour laws differ

Answer 13

Wagner Act: volunteerism and gov involvement should be minimum

Canadian laws generally provide for greater government intervention

Question 14

Industrial Inquiry Commission

Answer 14

investigates the causes and consequences of industrial strikes

Question 15

Last offer vote

Answer 15

labour laws that amended to permit forced votes

Question 16

First Contract Arbitration

Answer 16

if the parties are unable to negotiate the first collective agreement, they may request a third-party intervention

Question 17

what is the federal count for replacement workers?

Answer 17

can not use if the objective is to undermine union

strikes are also illegal during a collective agreement

Question 18

Challenges with charter the labour trilogy

Answer 18

restrictions on the right to strike in Alberta
back to work laws in Saskatchewan
federal government wage controls

Question 19

Union dues Challenges

Answer 19

unions should not use union dues for political gain –> courts favour of union –> decision demonstrated that unionism includes legitimate social and political goals

Question 20

Picketing Challenges

Answer 20

courts asked to rule on practice of picketing at locations other than firm’s premise

courts decided that secondary picketing is part of freedom of expression

Question 21

union recognition as a challenge

Answer 21

repeal of the agriculture labour relations act –> act was unconstitutional and amend the legislation from supreme court

Question 22

political activity

Answer 22

Public Service Employment Act put restrictions on civil servants’ participation in political activity –> restriction came to be unconstitutional according to the Supreme court

Question 23

Direction for supreme court

Answer 23

1987 Labour trilogy: restrictions on the Right to strike

200s: a new labour trilogy: picketing and union recognition and collective agreement rights

In 2007 collective bargaining was declared a constitutional right and extended to agriculture workers

2015 the right to strike institutionalized

increasingly positive outcomes for unions

Question 24

employment conditions

Answer 24

establishes legislations by minimum

Question 25

employment rights

Answer 25

rights determined through the collective bargaining process that builds on minimum employment conditions

Question 26

three key conventions of international law

Answer 26

convention 83: freedom of association and protection of right to organization – ratified

convention 98 right to organize and collective bargaining –> not ratified

declaration on fundamental principles and rights at work (1998) –> voted in favour