Exam 12: Employment

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Which of the following statements more accurately describes an employee rather than an independent contractor?

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In Dowling v. Ontario (Workplace Safety and Insurance Board), the Court had to determine whether the employee's dishonest conduct constituted just cause for termination. What did the Court find?

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Which of the following statements is correct with respect to the process of conciliation/mediation?

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Which of the following is a false statement about the employer-employee relationship?

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What conditions must be met first before employees can go out on strike?

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Benoit goes to pick up a shipment from a supplier, but when he arrives, he finds the unionized employees who work there are on strike. Benoit is unsure about whether he can, or should, cross the picket line. Which of the following statements is true?

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A difference of opinion between an employer and a union in the interpretation of terms in their existing contract is called

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Bruce was a union representative working for Ace Manufacturing Co. The union and management had just concluded a collective agreement that set out terms under which certain functions of the plant would be computerized. A few months after the agreement was signed, the management started installing the computers, and in the process laid off three people who were no longer required. This in fact was exactly what Bruce had taken great care to prevent by the provisions that were included in the collective agreement. The management was in clear violation of these terms. Bruce called the members of the union out on strike and set up a picket line that effectively shut down the plant. Which of the following is true with regard to the legal position of the parties?

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Which of the following is not an unfair labour practice?

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Which one of the following statements is true with respect to workers' compensation?

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On Friday afternoon, Frieda was told not to return to work because her job was gone. If her employer is in a non-unionized business and had no just cause to dismiss her, which of the following is true?

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A union shop requires that employees become members of the union when they are hired.

(True/False)
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Distinguish between a rights dispute and an interest dispute.

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Elad starts a brand new job. Lena, his new co-worker, is showing him around. Lena informs Elad that she is a union member and is required to pay dues and to maintain her membership. Elad is certain that he was told he did not need to join the union. What arrangement is in place?

(Multiple Choice)
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When an employer simply runs out of work for the employee to do, or runs into financial difficulties, this is just cause for termination.

(True/False)
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Joe had worked for Sam's Manufacturing Company for ten years when Sam told him one day that, because Sam had lost a major contract, he had no work for Joe to do, and Joe was fired as of that time. Explain Joe's legal position.

(Essay)
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When one employee sexually harasses another, the only recourse available to the victim is to sue the harassing employee.

(True/False)
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Mediation is third-party intervention in the negotiation process to force an agreement.

(True/False)
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Indicate three responsibilities of an employer in an employment relationship.

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Certification is notice to a labour relations board that the union intends to go on strike.

(True/False)
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