Industrial Relations in Canada 4th Edition By Fiona McQuarrie – Test Bank

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CHAPTER 5

THE ORGANIZING CAMPAIGN

Multiple Choice Questions

1. Generally, there are four classifications of factors that influence a person’s decision to support a union. Which of the following is not one of the classifications?

Personal factors

Workplace factors

Political factors

Societal factors 

Answer C Page 119 easy

2. The principle of ‘community of interest’ underlies which two of three considerations in determining whether a bargaining unit is appropriate?

Definition of an employee and managerial and non-managerial employees

Size and location and size of company

Definition of employee and job titles

Managerial employees and non-managerial employees. 

Answer A Page 134 intermediate

3. Which of the following is not a criterion used in assessing whether a managerial position should be included in the bargaining unit during the certification process?

Whether the position is responsible for production or operations

Whether the position has the authority to hire, fire, or discipline

Whether the position has access to confidential information

Whether the position requires a substantial amount of travel

Answer D Page 135    easy

4. What is the most common reason why employees consider joining a union?

Dissatisfaction with compensation levels

Dissatisfaction with workplace conditions

Pressure from friends and family

Lack of respect for seniority

Answer B Page 120 intermediate

5. Which of the following is not a concern of employees in assessing whether or not a union would be in their best interests?

Lack of opportunity for worker participation

Lack of cooperation with management in decision-making

Disrespect of coworkers 

Dissatisfaction with opportunities for promotion

Answer C Page 121 difficult

6. Which of the following has little or no effect on an employee’s decision to support a union?

Union-related attitudes of others in the workplace

The attitudes of supervisors and managers

The wishes of family members

The employees’ socio-economic standing

Answer B Page 121  difficult

7. An American study suggested that unemployment rates had an impact on the probability of successful unionization attempts. What was the conclusion?

That high unemployment increases the probability of unionization

That high unemployment decreases the probability of unionization

That there is no discernable impact

Unemployment would have to reach 10 percent to affect interest in unionization

Answer A Page 122 intermediate 

8. Who must initiate the first step in an attempt to organize a union?

The union

The employees

Either the union or the employees

The Ministry of Labour

Answer C Page 125 easy

9. During an organizing campaign, which of the following statements holds true?

During the campaign, employers must provide a location for meetings

Employees may meet during working hours, provided such meetings do not interfere with the company’s operations

Only in rare circumstances do either of the parties engage in unfair labour practices

In the early stages of the campaign, it is advisable to keep secret the identity of those attending the meetings

Answer D Page 126 difficult

10. Which of the following provincial labour legislation does not contain a definition of employer?

Nova Scotia

Ontario

Quebec

British Columbia

Answer B Page 137-138 intermediate

11. What is the minimum level of support required for a certification application in the Province of Ontario?

35% of all employees

35% of employees in the proposed bargaining unit

40% of all employees

40% of employees in the proposed bargaining unit

Answer D Page 131 intermediate

12. Under which of these circumstances will a labour relations board consider an application for certification with less than the required percentage of support?

If the union can show that the employer intimidated employees

If it is shown that the union intimidated employees

Under no circumstances will labour relations boards consider such an application

If the Minister of Labour opts to waive the minimum requirement

Answer A Page 132 intermediate

13. What is the minimum level of support required for automatic certification to be granted under the federal labour code?

50% + 1 of all employees

50% of all employees

50% of employees in the proposed bargaining unit

50% + 1 of employees in the proposed bargaining unit 

Answer D Page 130 difficult

14. What is the least likely course of action for a government that is pro-union with regard to legislation governing the certification process?

Raise the level of support required for a certification application

Reduce the level of support required for a certification application

Introduce mechanisms for automatic certification

Ensure that legislation prohibits the use of unfair labour practices

Answer A Page 132-133 intermediate

15. Every certification application must contain a description of the bargaining unit that the proposed union is seeking to represent. Generally that description contains what information?

A list of names, addresses, and phone numbers of employees to be included in the bargaining unit

A list of job titles to be included in the bargaining unit

A list of names of those employees to be excluded from the bargaining unit

All of the above

Answer B Page 133 easy

16. Which of the following is not one of the difficulties in dealing with a bargaining unit that is too large?

Communicating with the entire membership 

Achieving consensus on issues

Collecting union dues

Having to address a wider range of issues because there are more individual concerns

Answer C Page 134 intermediate

17. A general policy in labour legislation is that unions should only represent non-managerial employees. Which of the following is not a reason for this policy?

Managers make more money than frontline workers and thus have no reason to be unionized 

It would be a conflict of interest for a manager to discipline a fellow union member

A union is entitled to be established and administered without employer interference

Managers have access to confidential material

Answer A Page 134-135 easy

18. Which of the following workplace trends have made it more difficult to determine who should be excluded from a bargaining unit by virtue of their managerial role?

Job titles say nothing about the work 

Term/ contract hiring 

Expansion of organizations 

Significant numbers of educated people in the present workforce 

Answer A Page 135 intermediate 

19. Which of the following is not a criterion for an employee to be excluded from the bargaining unit as an exempt employee?

The performance of work involving administrative support to top managers

Access to employment records

Responsibility for the scheduling of certain operations

Involvement in the preparation of plans for collective bargaining

Answer C Page 135 easy

20. The question of who is an employee is important in determining who should be included in the bargaining unit. Which of the following makes the employment relationship of today more variable than in the past?

Today’s marketplace is characterized by job security

Contract work 

Benefits plans exist for everyone

Independent work directed by the employer

Answer B Page 136 intermediate

21. Why are labour relations boards strict about enforcing the definition of ‘employee’?

To prevent employers from not adhering to the collective agreement.

To prevent unions from becoming less powerful.

To prevent employers from reducing the size of the bargaining unit.

To prevent employers from becoming too powerful.

Answer C Page 137 intermediate

22. What does “union wage premium” refer to?

Unions can stabilize wage rates.

Unions can improve wage rates.

Unions can standardize wage rates across industries.

Unions deter wage reductions.

Answer B Page 123 difficult

23. SEIU plans to organize workers in every workplace in Ottawa involved in what type of work?

Fast food

Janitorial

Temp agency

Long term care

Answer B Page 116intermediate

24. ”Client leverage campaigns” involve:

Lobbying the public for greater union support in order to gain new client employers

Educating the membership about potential new client employers

Going to the clients of the contractors in the members’ industry to communicate the risk of questionable employment practices

None of the above

Answer C page 116 intermediate

25. Which of the following contributes to employees’ workplace dissatisfaction?

Compensation levels

Management’s refusal to correct problems

Lack of opportunity to participate in decision-making

All of the above

Answer D Page 121 easy

26. What is the “union threat effect”?

When non-unionized firms adopt a competitive pay rate in the labour market.

When non-union workplaces close their doors to previously unionized workers.

When non-union workplaces sporadically increase the wages of their employees.

When unionized workplaces aim for similar increases in negotiated wages.

Answer A Page 121 intermediate

27. What did a comparative analysis of Canadian and American unionization rates between1984 and1998 indicate?

That company downsizing was on the rise and unionization was the reason

A shift in legislation may have contributed to a decline in unionization

That changes to labour legislation is creating the perfect environment for greater union activity in Canada

That hlow wages in non union workplaces in the U.S. resulted in employees placing greater value on unionizeds workplaces

Answer B Page 124 intermediate

28. Canadian studies show that the requirement for mandatory workplace votes for certification applications

Results in multi-vote processes

Strengthens the resolve of employees to unionize

Ensures that all of the issues are canvassed before the final vote

Reduces the number of successful applications for certification

Answer D Page 124 easy

29. Labour law makes it illegal for employers to take what action against employees during an organizing campaign?

Demotion

Promotion

Change their shifts

Requiring employees to wear anti-union arm-bands 

Answer A Page 126 easy

Why are organizing committees usually comprised of several employees?

Employees are generally considered more credible than outsiders.

Employees are familiar with other employees who might be potential union members.

Employees have firsthand knowledge of the workplace issues.

All of the above

Answer D Page 126 easy

TRUE OR FALSE QUESTIONS

31. An individual’s choice to join a union can be influenced by his or her parents’ attitudes toward unions.

True Page 119 easy

32. All Canadian jurisdictions set a minimum level of support that must be demonstrated by the union for an application for certification to be considered. 

True Page 132 intermediate

33. Voluntary recognition means the employer can argue about the composition of the bargaining unit.

False Page 140-141 intermediate

34. Being the “bargaining agent” means that the union is legally recognized as one of the representatives of employees in that particular workplace.

False Page 140-141 difficult

35. Generally workers on construction sites must be organized and certified on each site.

False Page 140 intermediate

36. An employer must demonstrate that it removed work from the workplace for reasons unrelated to the union’s presence.

True Page 137 easy

37. A ‘sweetheart agreement’ does not consider the needs and wants of the employees.

True Page 139 intermediate

38. During an organizing campaign, unions must not conduct their campaign activities at the workplace or during working hours.

True Page 126 intermediate

39. The level of sufficient membership support required for certification is consistent in most Canadian jurisdictions.

False Page 130-131  difficult

40. A general policy in labour legislation is that a union should not represent both managerial and non-managerial employees.

True Page 134 intermediate 

SHORT ANSWER QUESTIONS

41. Describe the notion of instrumentality as a factor in a person’s decision to join or not to join a union.

In order to support a union, an employee must feel that he/she lacks any individual ability to influence or change unsatisfactory working conditions and that a union is the mechanism by which that change can be achieved. Instrumentality is the employee’s perception of the usefulness of the union in achieving what the employee wants.

(Page 119, intermediate)

42. What are the three different decision-making points in the certification process?

Whether or not a union would be an asset to the workers 

Whether or not to actually invite or encourage a union to undertake an organizing campaign 

Whether or not to formally vote in favour of union representation.

(Page 118-119, difficult)

43. Describe a situation where an employer might seek out unionized workers for their workplace.

In the construction industry, an employer who secures a contract stipulating the use of unionized workers will contact the appropriate union and request that they provide the required number of unionized employees needed for their project.

(Page 140, intermediate)

44. In the context of the certification process, what is meant by voluntary recognition?

Voluntary recognition occurs when the employer accepts the union as the employees’ bargaining agent without any representation vote or other formalization of the union’s existence.

(Page 140-141, easy)

45. What are the three major components of an application for certification?

An indication of sufficient membership support

A description of the desired bargaining unit

An indication of the employer and the union covered by the application

(Page 129, intermediate)

46. How does an employee usually express support for the establishment of a union in his or her workplace?

An employee expresses support by signing a declaration of intent to join the union and paying a small membership fee.

(Page 126, intermediate)

47. What are exempt employees?

Exempt employees are non-managerial employees who are excluded from the bargaining unit because of the nature of their work. Their work usually involves supplying administrative support to top managers where they may have access to confidential information, such as employee records or the employer’s plans for collective bargaining.

(Page 136, intermediate)

48. What is a sweetheart agreement?

A sweetheart agreement is a union-management agreement that unduly favours management and/or does not consider the needs and wants of the employees.

(Page 139, intermediate)

49. What are the two primary reasons that a union would like to include as many employees as possible in their application for certification?

Unions would like to include as many employees as possible in the bargaining unit in order to maximize their revenues from union dues and increase their power when dealing with the employer.

(Page 134, difficult)

50. What are some of the less permanent forms of work which may be used by employers to erode a union’s membership base?

The use of part-time workers instead of full-time workers, temporary workers, contract workers, or the use of workers employed by another company are all ways an employer might erode a unions’ membership.

(Page 136, easy)

CRITICAL THINKING QUESTIONS

51. Describe the process of certification from the initial idea to official accreditation. Refer to the labour code of your province. (126-139)

 Suggested answer:

The idea will be discussed among employees to determine if there is enough general support for the union

The union which best suits the workers’ needs will be identified

The union’s assistance will be requested during the organizing process 

The union will try to get as many employees as possible to sign a union membership card

Once the minimum level of support required is attained, the union can apply to the labour relations board to investigate and schedule a vote

A vote may not be required if majority support is confirmed at the time of the investigation

52. Assuming that most employers would choose to remain non-unionized, what are some of the strategies they might use to remain or become union free?

Suggested answer: (129)

The most reliable way of remaining union free is to create a work environment in which employees feel that their contributions are valued and that they are treated fairly. That means the creation and maintenance of open communication lines, the establishment of equitable compensation systems, a method of resolving differences, and a process through which employees are encouraged to participate in a continuous improvement process.

Other approaches might include being diligent in the hiring process to screen out those who might be particularly inclined toward collective action, ensuring that your pay rates are competitive in your industry, and that there is some respect for the principles of seniority. 

The answer might also include some legal and communication strategies to be used in the case of an existing application for certification.

53. What are some of the challenges which confront labour relations boards as they attempt to determine if there exists the necessary level of support for certification and which employees should be included? (132)

Suggested answer:

Determining whether there has been undue pressure exercised in getting people to sign union membership cards.

Determining whether the employer has committed any unfair labour practices, such as disciplining employees who participate in the organizing process.

Ensuring that the group of employees specified in the union’s application for certification is the appropriate bargaining unit.

Ensuring the vote is conducted without interference.

54. The exclusion of managerial employees is increasingly coming under attack by unions. Discuss the considerations that keep managers out of being organized and what strategies unions are using to organize managers.

Suggested answer: (134-135)

A titled position of ‘manager’ will not in itself be enough to keep a position or group of employees out of being organized. An application will be made to the labour board by the union and in determining the issue, the board will consider several factors including whether: 

the person has the authority to hire, fire, and/ or discipline other employees

the position is responsible for operations or production

others report to the position and is that person responsible for supervising others

the position the ‘go to’ person in times of crisis or emergency

the person/position has access to personal information, such as employment records or budgetary information

the person/position participates in planning and conducting collective agreement negotiations (exempt employees are dealt with in the same manner as managers)

As well, what is the division between managerial and non-managerial work?

Some ways that unions are combating this is to organize managers in a separate bargaining unit from those who are being supervised by the manager. In doing so, the division between the manager and employee is maintained but there is recognition of the right to organize and be represented by a bargaining agent.

55. Why is it almost unknown for an employer to successfully initiate an organizing campaign? (139-140)

Suggested answer:

Most jurisdictions do not recognize an employee organizing campaign even if it is well intentioned, that is dominated or influenced by an employer — otherwise known as a ‘company union.’ The reason for this lack of recognition is that agreements that have arisen from such an association are known as ‘sweetheart agreements,’ which traditionally favour the employer and do not take into consideration the wants/needs of employees. In sweetheart agreements, there is no real voice of the employees—only the voice of the employer, thus the agreement is employer weighted. If a company union was successfully organized, the concern would always remain that the company could withdraw its financial support if there were disagreements between the union and the employer and the union relied on the employer for its financial existence. Another problem with company unions is that normal union-management processes like grievances become difficult to put forward when the union cannot independently represent the employees’ interests or concerns.

Labour Boards would not automatically reject an application by an employer for union certification but they would examine the application with thoroughness and greater precision than would be called for in the ordinary course of receiving an employee-driven application for certification. The safeguard is therefore in the labour board’s careful review of the application.

Test Bank to Accompany McQuarrie/Industrial Relations in Canada, Fourth Edition

 PAGE 1

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