LABOUR RELATIONS $$ FINAL EXAMINATION REVIEW SHEET W$23$

WEDNESDAY, APRIL $10,2024$

$8$:$0010$:$30$ a$.$m$.$

The Final Exam is worth $30\%$ of your total mark in this course. It will be marked out of $55.$

All bags must be placed at the front of the room. Make sure your phone is turned OFF $($not just on silent$)$ and placed in your bag. No electronic devices are allowed during the exam.

Time: $2\mathrm{.}5$ hours $(8$:$0010$:$30$ a$.$m$.)$

Format:

$25$ multiple choice questions $(1$ mark each$)(25$ marks $($on scantron$)$

$4-6$ Short answer$/$ case incident questions $(20$ marks$)$

$20$ Matching questions $(5$ marks$)$

One $$think piece$$ question, chosen from topics below $(5$ marks$)$

Content covered:

This is a comprehensive exam, with particular focus on chapters $1015$ in the textbook. It also includes:

Slides, lectures, discussions, debates, in$-$class exercises, collective bargaining simulation, videos, mini$-$videos, quizzes, guest speakers

No calculators or phones will be allowed at your desk.

Ch$.10$: Collective Bargaining and the Making of a Collective Agreement

Describe the effects of certification on the employment relationship.

Explain how Canada$$s adoption of the U$.$S$.$ Wagner model put an end to recognition strikes.

Give an example of both a monetary issue and a non$-$monetary issue in collective bargaining.

Identify who usually participates on the union bargaining team and the management team.

In addition to having a $$zone of agreement$,$ what other factors affect the likelihood$/$ ease of getting a settlement?

Describe the three basic stages of collective bargaining and what is involved in each stage.

Identify and explain the two $$statutory freezes$$ found in Canadian collective bargaining legislation. What are the policy reasons for the two freezes?

Describe what is meant by the term $$duty to bargain in good faith$.$ This duty contains both a procedural $($the $$how$)$ and substantive $($the $$what$)$ component. Describe the scope of each of these.

What is the difference between $$hard bargaining$$ and $$surface bargaining$?$ Give an example of each.

Does the employer have a statutory duty to disclose information that was not specifically solicited by the union, to the union, during negotiations?

Ch$.11$: The Law of Industrial Conflict

What is meant by the statement: $$Our law permits $$economic warfare$$

Strike: what is a strike; what is its purpose; when is a strike or lockout lawful? $($i$.$e$.$ what are the preconditions that must be satisfied before a strike$/$lockout is lawful in Ontario?$)$ Can an employee be fired during a strike? Do they get paid? If so$,$ by whom.

What is the Canadian trend in the frequency of strikes?

What is meant by the terms: $$work to rule$?$sympathy strike$$wildcat strike$$

What are the legal rights of strikers and replacement workers?

Under what circumstances are striking employees entitled to get their jobs back under Ontario labour laws?

What is a picket? What are its purposes?

What is the court$$s role in regulating labour picketing?

What is the difference between primary, allied, and secondary picketing? What was the impact of the Pepsi Cola decision $($p$.183)$

Explain the term $$lockout$$ and explain whether an employer may unilaterally alter terms of employment after the expiry of the collective agreement.

Describe the four situations when $$interest$$ arbitration is available.

What is a ratification vote? What is its significance?

Ch$.12$: The Collective Agreement

What is meant by the term $$default collective agreement term$?($an Ontario example?$)$

Identify the mandatory terms that all collective agreements in Ontario must have.

Identify and explain the three sources of collective agreement terms

Why are collective agreements so much more extensive than most individual employment contracts?

Identify and explain five, non$-$mandatory common collective agreement terms.

What is the KVP Co$.$ test? When is it used?

What are some key issues surrounding seniority clauses?

Understand the purpose of each of the contractual terms set out in the sample collective agreement found on pages $219-223$

Ch$.13$: Grievances and the Labour Arbitration Process$/$ What is Just Cause

What is the purpose of the grievance process? What percentage of grievances proceed to arbitration?

What$$s the difference between a $$rights$$ and an $$interest$$ arbitrator?

Describe a typical grievance procedure.

What is a $$last chance agreement$?$ What is its purpose? Discuss the interaction between $$last chance agreements$$ and human rights law as indicated by the case Seaspan ULC v$.$ International Longshore & Warehouse Union, Local $400$

Who $$owns$$ a grievance? What is the practical significance of this?

How are labour arbitrators typically chosen? Who pays them? To what extent are arbitrators$$ decisions $$final and binding$$ on the parties? Are arbitrators bound by legal prec