Final Review

Question 1

Define union, labour mgmt relations and LRO + union rep

Answer 1

union - recognized bargaining agent for a recognized association of employees with an identifiable community of interests
labour mgmt relations - ongoing interactions between unions + mgmt
LRO - work on behalf of the firm to deal w/ issues that arise w/ union
union rep - work on behalf of union

Question 2

Define collective agreement and bargaining unit

Answer 2

CA - formal agreement regarding terms + conditions of employment
Bargaining unit - group of employees recognised for CB purposes

Question 3

2 Elements of Unionization Motivation

Answer 3

1. Economic - justice, bargaining for fair wages
   - security
   - wealth redistribution
2. Voice - respect inherent dignity of workers
   - institute industrial democracy

Question 4

Union functions

Answer 4

1. Negotiates CA

2. Assists in dispute resolution

Question 5

Factors affecting union formation

Answer 5

• perceived utility
• ideology
• labour law + public policy
• degree of employer opposition

Question 6

Federal and provincial labour legislation guarantees:

Answer 6

• right to join a union
• good faith bargaining
• no strikes or lockouts during agreement
• prohibition of unfair labour practices
• mandatory conciliation

Question 7

Purpose/duties of OLRB

Answer 7

-develops/oversees administrative regulations for unionization process
-hear complaints of unfair labour practices
determine if bargaining is done in good faith
-remedy violations of legislation (LRA, ESA, OHSA)

Question 8

Parts of the Collective Agreement

Answer 8

1. Scope of Bargaining Unit - who to include, what locations, etc.
2. Management Rights - a) defined - expressly clarified in CA, b) residual - everything not ceded to union is mgmt authority
3. Union Rights - provides for the stability + security of the union
4. Workplace governance - all conditions of work

Question 9

Collective Bargaining Process

Answer 9

Prepare -> Strategize -> Negotiate -> Formalize

Question 10

Define grievance, rights arb and interest arb

Answer 10

Grievance - written complaint alleging a contravention of the CA by mgmt
Rights arb - mechanism to resolve disputes about the interpretation + application of any part of the CA during the term of that agreement
Interest arb - mechanism to establish or renew a CA for parties (usually those w/o right to strike)

Question 11

Grievance Procedure

Answer 11

1. Informal meeting to discuss grievance
2. Written complaint
3. Written document
4. Judicial function

Question 12

Rights arbitration legalistic process, and how it differs from legal process

Answer 12

-establish prima facie case
-right to counsel
-evidentiary burden
-present evidence through documents, testimony + cross-examination
-judgement according to the “law” by impartial decision maker
DIFFERENCES:
-may follow arbitral jurisprudence, but not req’d
-final + binding decision (rarely overturned)

Question 13

Role of arbitrator

Answer 13

• adjudicates disputes arising from the application or operation of a CA
• decides grievance on its MERITS
• takes into account all facts and circumstances
• judges both employee and employer

Question 14

Arbitrator has to determine:

Answer 14

1. if employee did anything to justify discipline
2. did their actions warrant the specific sanction?
   - in both instances, employer must have provided due process

Question 15

Fair + Just Disciplinary Process

Answer 15

Rules + regulations - clear expectations of req
Corrective Action - clear explanations of issues, chance to improve
Progressive discipline - warning, suspension, termination
Procedural fairness - be treated properly + w/ due process

Question 16

Progressive discipline steps

Answer 16

Verbal warning -> Written warning -> Suspension -> Termination

Question 17

Procedural Fairness/Due Process: Right to

Answer 17

-know the case
-be heard
-be judges impartially
-reasons for decision
this applies to employer when disciplining employee, and also arbitrator judging both

Question 18

KVP Factors

Answer 18

• must not be inconsistent w/ CA
• must be clear and unequivocal
• must have been brought to the attention of the employee before the company acted
• employee must have been notified that a breach of the rule could result in discipline or discharge
• rule has to be consistently enforced by the company
• must not be unreasonable

Question 19

Duty of Care

Answer 19

Requirement to act towards others with the care and caution that a reasonable person would use in the circumstances
-mgmt has duty to exercise rcare in hiring training assignment and oversight of employees

Question 20

Internal Responsibility System and Worker’s rights

Answer 20

IRS - employees, supervisors, workers all have a responsibility to ensure a safe workplace

1. to know
2. to participate
3. to refuse unsafe work

Question 21

Where is harassment protected

Answer 21

OHRC
OHSA
Compensable if causes chronic mental stress under WSIA

Question 22

Harassment

Answer 22

Comments or actions that are unwelcome and/or should be known to be unwelcome

• considered a form of discrimination and often linked to one of the grounds
• obj (reasonable person) and subj (victim)

Question 23

Risk factors for sexual harassment and violence

Answer 23

• working alone/in small numbers
• providing service, care, advice, or education
• working w/ unstable or volatile people
• high ratio of men in positions of power within the organization
• employees unaware of the reporting procedures
• unaware of grievance procedures

Question 24

Additional risk factors specific to sexual harassment

Answer 24

• diversity is lacking or diversity is segregated across job types
• review slide

Question 25

Women who were harassed are more likely to: | Institutional Betrayal

Answer 25

- change jobs - be in great financial distress approx 2 years later - when an institution you trust or depend upon mistreats you

Question 26

3 Types of Employee Information

Answer 26

1. Employee Information - about the person's employment ONLY (needed to manage the employee relationship) 2. Work product information - prepared or collected as part of responsibilities/activities related to work 3. Personal Information - about the person's identity

Question 27

Examples of employee monitoring

Answer 27

* Email content, voicemails, files, computer usage * Internet connections, keystrokes, networks, email connections * Video surveillance, webcams * Tracking devices (GPS, smartphone, badges) * Biometrics (eyes, fingerprints, hand, palm, voice, face recognition) * Wearables collecting data from one’s body

Question 28

Privacy Legal Framework

Answer 28

4 Statutes: 1. PIPEDA (Personal Information Protection + Electronic Documents Act) (FED) 2. Freedom of Information and Protection of Privacy Act (ON) 3. Municipal Freedom of Information + Protection of Privacy Act (ON) 4. Personal Health Information Protection Act (ON) torts of intrusion upon seclusion and public disclosure of private facts

Question 29

Reasonable Expectation of Privacy

Answer 29

Right to privacy exists when there is a reasonable expectation of privacy (ex. expectation in your home, no expectation in Goodes Hall atrium)

Question 30

4 Part Test for Balancing Privacy and Monitoring

Answer 30

1. Is measure demonstrably necessary to meet a specific need? 2. Is it likely to be effective in meeting the need? 3. Is the loss of privacy proportional to the benefit gained? 4. Is there a way of achieving this benefit that involves less invasion of privacy

Question 31

10 Privacy Principles (PIPEDA)

Answer 31

``` Accountability Identify the Purpose Consent Collection Limitation Limiting use, retention, disclosure Accuracy Safeguards and security Openness Access Compliance ```

Question 32

2 Jurisprudence on Employee Surveillance

Answer 32

1. Relevancy approach -no right to privacy for private sector employees -surveillance evidence is admissible in decision-making if it is relevant 2. Reasonableness Approach -there is a (limited) right to privacy -surveillance must pass 2 tests to be admissible: 1) do circumstances justify surveillance 2) was manner of surveillance reasonable -

Question 33

What must be proven to discipline an employee for off-duty conduct?

Answer 33

1. Employee engaged in misconduct 2. There is a nexus between off-duty conduct and the workplace 3. The employer's interests were harmed by the employee's off-duty conduct

Question 34

To establish the connection between the conduct and the workplace, consider:

Answer 34

- the nature of the employer's operations - the type of work the employee does - the character of the conduct

Question 35

Millhaven Fibres Test

Answer 35

1. Harms company's reputation or product 2. Prevents employee from performing duties satisfactorily 3. Leads to refusal, reluctance or inability of other employees to work with employee 4. Is a serious breach of the criminal code 5. Makes it difficult for the company to manage work or direct work forces

Question 36

Mental health definition

Answer 36

state of wellbeing in which every individual realizes their own potential, can cope with the normal stresses of life, can work productively and fruitfully, and is able to make a contribution to their community

Question 37

Mental disorder

Answer 37

Recognized, medically diagnosable disorders that result in the significant impairment of an individual's cognitive, affective or relational abilities

Question 38

8 Reasons organisations should take proactive and reactive measures to help employees deal with mental health issues?

Answer 38

1. Productivity, performance, profit 2. Recruitment (employer brand) and retention 3. Reduce costs (absenteeism, injury) 4. Conflict reduction 5. Employee engagement, morale, commitment 6. Operational successes 7. Legal compliance 8. Moral duty

Question 39

Employer obligations related to mental health

Answer 39

1. Human Rights protections 2. Occupational Health and Safety Laws 3. Workplace Safety and Insurance Act 4. Arbitral jurisprudence 5. DUTY TO INQUIRE

Question 40

OHSA BILLs for mental health

Answer 40

B163 - First responders | B127 - Chronic mental stress

Question 41

WSIB Policy

Answer 41

- traumatic + mental stress are different - eligibility for benefits requires diagnosis by designated professonal - stressor must be: 1. work-related 2. be excessive in comparison to normal pressures/tensions experienced by workers in certain circumstances 3. have significantly contributed to chronic mental stress

Question 42

CBoC (Conference Board of Canada) Hallmarks of Good Practice

Answer 42

* Comprehensive mental health strategy (proactive + reactive) * Mental health policy * Benefits including coverage of medications and paramedical services * Employee Assistance Programs * Leave options * Supportive programs and options

Question 43

Role of the Manager in Mental Health

Answer 43

1. Recognize signs of Mental Illness, namely a change in behaviour 2. Initiate conversation with ill employee 3. Think about what ill employee needs to hear 4. Know return to work strategies 5. Return to Work discussion and support

Question 44

Role of individuals in mental health

Answer 44

For others: observe, approach, listen, support, refer, advocate For self: self-management, self-care, self-advocacy

Question 45

Resilience

Answer 45

-capacity to withstand or manage the negative effects of stress, to bounce back from adversity, and endure difficult situations