Labour and Employee Relations Flashcards

An employer discovers a union is attempting to organize its workforce. The HR manager is asked for advice on what actions management can legally take. Which of the following actions constitutes an unfair labour practice in Canada?

Answer: Offering a wage increase to employees to discourage them from supporting the union.

Offering a wage increase or other benefits to discourage union support is considered an unfair labour practice because it interferes with employees' right to freely choose whether to unionize. This action is seen as a form of intimidation or undue influence. The other options are generally permissible employer actions during a union organizing campaign.

A newly certified union and an employer have been negotiating their first collective agreement for several months but have reached an impasse. What is the most common next step in the collective bargaining process under most Canadian labour jurisdictions to help resolve the dispute?

Answer: Requesting the appointment of a conciliation officer from the Ministry of Labour.

When direct negotiations fail to result in an agreement, the typical next step is for either party to request the appointment of a conciliation officer from the appropriate Ministry of Labour. The conciliator's role is to help the parties reach a mutual agreement through mediation before any legal job action can occur.

Which of the following is the primary purpose of a grievance procedure in a collective agreement?

Answer: To provide a systematic process for resolving disputes over the interpretation and application of the collective agreement.

The primary purpose of a grievance procedure is to provide a formal, systematic process for resolving disputes that arise between the employer, the union, and employees regarding the interpretation, application, or alleged violation of the collective agreement. It is a dispute resolution mechanism, not a tool for termination, renegotiation, or unilateral changes by management.

A manufacturing company implements a series of integrated HR practices, including employee involvement teams, extensive skills training, and performance-based pay. The goal is to enhance employee knowledge, skills, and commitment to improve organizational performance. This approach is best described as:

Answer: A high-performance work system (HPWS).

A high-performance work system (HPWS) is a specific combination of HR practices, work structures, and processes designed to maximize employee knowledge, skill, commitment, and flexibility. Key elements often include employee involvement, training, and performance-contingent rewards, all of which are mentioned in the scenario.

During a union certification drive, what is the key piece of evidence a union must submit to the Labour Relations Board to demonstrate it has sufficient support from employees in the proposed bargaining unit?

Answer: Signed membership cards from employees accompanied by a nominal payment.

To apply for certification, a union must provide evidence of employee support. The primary form of this evidence is signed membership cards, where employees formally apply to join the union. In most Canadian jurisdictions, these cards must also be accompanied by proof that the employee has paid a small amount (e.g., five dollars) as a membership fee.

An employee in a unionized environment believes their supervisor has violated a specific clause in the collective agreement regarding overtime allocation. According to a typical grievance procedure, what is the employee's most appropriate first step?

Answer: Discuss the issue with their union steward and/or immediate supervisor.

The first step in a typical grievance procedure involves the employee, often with their union steward, raising the issue informally or formally with their immediate supervisor. The goal is to resolve the dispute at the lowest possible level before escalating it through the formal steps of the grievance process.