Question 1

Which of the following is not an unfair labour practice?

Accepted Answer

A)  A union representative threatens to have an employee beaten if he fails to join the union. 
B)  An employer threatens to have an employee fired if he joins a union. 
C)  An employee is required to join a union as a condition of employment. 
D)  An employer pays higher wages when he learns that a union is trying to organize his employees, with the intention of persuading the employees they don't need a union. 
E)  An employer threatens to start another business that is non-union and transfer all the work to that business. 
A)  A union representative threatens to have an employee beaten if he fails to join the union. 
B)  An employer threatens to have an employee fired if he joins a union. 
C)  An employee is required to join a union as a condition of employment. 
D)  An employer pays higher wages when he learns that a union is trying to organize his employees, with the intention of persuading the employees they don't need a union. 
E)  An employer threatens to start another business that is non-union and transfer all the work to that business.

Question 2

When an employer demotes the employee or otherwise unilaterally changes the nature of the job,this may constitute ________________,and the employee may be able to sue for wrongful dismissal.

Accepted Answer

A)  fiduciary duty 
B)  constructive dismissal 
C)  just cause 
D)  reasonable notice 
E)  wrongful dismissal 
A)  fiduciary duty 
B)  constructive dismissal 
C)  just cause 
D)  reasonable notice 
E)  wrongful dismissal

Question 3

When ____________ are included in the original employment contract,committing the employee not to work in a particular geographical area or a particular industry after leaving the position,they have to specify a reasonable time and area.

Accepted Answer

A)  provisions 
B)  restrictive covenants 
C)  special rules 
D)  working conditions 
E)  employment restrictions 
A)  provisions 
B)  restrictive covenants 
C)  special rules 
D)  working conditions 
E)  employment restrictions

Question 4

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?

Accepted Answer

A)  The picket line has the legal right to physically block people from the plant if they are not persuaded to turn back. 
B)  The management was in the wrong and would be unsuccessful in getting an injunction to stop the strike and picketing. 
C)  The union was right in objecting to the layoffs, but it should have followed the grievance procedures in the collective agreement. Their strike is illegal. 
D)  In this type of dispute, the workers can slow down and disrupt production, but they can't walk off the job. 
E)  If the workers disagreed with the layoffs, management could lock them out. 
A)  The picket line has the legal right to physically block people from the plant if they are not persuaded to turn back. 
B)  The management was in the wrong and would be unsuccessful in getting an injunction to stop the strike and picketing. 
C)  The union was right in objecting to the layoffs, but it should have followed the grievance procedures in the collective agreement. Their strike is illegal. 
D)  In this type of dispute, the workers can slow down and disrupt production, but they can't walk off the job. 
E)  If the workers disagreed with the layoffs, management could lock them out.

Question 5

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

Accepted Answer

The employees must hold a strike vote.A

Question 6

Which of the following statements is correct with respect to the process by which a union organizes the work force of an employer?

Accepted Answer

A)  An employer can refuse to recognize a trade union or have any dealings with it. 
B)  A union can call the employees it has organized out on strike to force the employer to recognize and deal with that trade union. 
C)  In most provinces, a trade union must receive government certification through an employee voting process before it has the right to represent the employees in dealings with the employer. 
D)  The employer can refuse to have anything to do with the union even after it has successfully completed the certification process. 
E)  Once the union has been certified, the employer must consent to what the union demands in the new contract. 
A)  An employer can refuse to recognize a trade union or have any dealings with it. 
B)  A union can call the employees it has organized out on strike to force the employer to recognize and deal with that trade union. 
C)  In most provinces, a trade union must receive government certification through an employee voting process before it has the right to represent the employees in dealings with the employer. 
D)  The employer can refuse to have anything to do with the union even after it has successfully completed the certification process. 
E)  Once the union has been certified, the employer must consent to what the union demands in the new contract.

Question 7

Union employees have a legal obligation to honour (that is,not cross)a properly constituted picket line during a lawful strike or lockout.

Accepted Answer

A) True 
 B)False

Question 8

Eastside Nurseries Ltd.,which had long been a family business,was faced with a demand by its workers that it recognize their new organization,a union,for the purposes of collective bargaining.The union was certified by the appropriate governmental board as the bargaining agent for this bargaining unit,but the parties could not reach an agreement as to what should be included in the new collective agreement.Eventually the Eastside Nurseries locked out the employees.This sort of dispute is called

Accepted Answer

A)  jurisdictional dispute. 
B)  recognition dispute. 
C)  arbitration dispute. 
D)  interest dispute. 
E)  rights dispute. 
A)  jurisdictional dispute. 
B)  recognition dispute. 
C)  arbitration dispute. 
D)  interest dispute. 
E)  rights dispute.

Question 9

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

Accepted Answer

A)  Conciliation/mediation is a process by which a third party is chosen by the government to impose a settlement on the parties. 
B)  Conciliation/mediation is a process by which a third party is chosen by the parties to impose a settlement on the parties. 
C)  Conciliation/mediation is a process by which a person is chosen by either the government or the parties, who then tries to bring the parties to an agreement. 
D)  The conciliator or mediator's recommendations cannot be ignored by the parties. 
E)  Conciliation/mediation refers to the requirement that the parties bargain in good faith to reach a contract. 
A)  Conciliation/mediation is a process by which a third party is chosen by the government to impose a settlement on the parties. 
B)  Conciliation/mediation is a process by which a third party is chosen by the parties to impose a settlement on the parties. 
C)  Conciliation/mediation is a process by which a person is chosen by either the government or the parties, who then tries to bring the parties to an agreement. 
D)  The conciliator or mediator's recommendations cannot be ignored by the parties. 
E)  Conciliation/mediation refers to the requirement that the parties bargain in good faith to reach a contract.

Question 10

Unionized employees can be dismissed without notice if there is no work to do.

Accepted Answer

A) True 
 B)False

Question 11

Smith is an employee of ABC Company and wants to persuade the other employees to join a union and become certified,because the wages paid by ABC are less than those that would be paid in a union plant.ABC Company does not want a union.Which of the following is ABC permitted to do?

Accepted Answer

A)  ABC can fire Smith. 
B)  ABC can increase the wages paid to the employees, thus eliminating the major reason for having the union. 
C)  ABC can tell the employees that it cannot afford to pay union wages and, if forced to, will go out of business, as long as that statement is true and not threatening or intimidating. 
D)  ABC can form his own company organization for workers and have it certified. 
E)  ABC can transfer Smith to another plant. 
A)  ABC can fire Smith. 
B)  ABC can increase the wages paid to the employees, thus eliminating the major reason for having the union. 
C)  ABC can tell the employees that it cannot afford to pay union wages and, if forced to, will go out of business, as long as that statement is true and not threatening or intimidating. 
D)  ABC can form his own company organization for workers and have it certified. 
E)  ABC can transfer Smith to another plant.

Question 12

Trade unions are exempt from human rights legislation,because labour statutes are designated as primacy legislation.

Accepted Answer

A) True 
 B)False

Question 13

"When one person does work for another,they can be either an agent,an independent contractor,or an employee." Discuss the accuracy of this statement.

Accepted Answer

The relationship of an employee and an i

Question 14

Indicate what kinds of restrictions there are on an employer's right to dismiss an employee.

Accepted Answer

He must give reasonable notice,or pay in

Question 15

To what does the term "grievance process" refer?

Accepted Answer

This is the procedur

Question 16

Joe was an employee of Sam's and was using his own car to deliver manufactured goods to a client.Since the client was in North Vancouver,the same area where his girlfriend lived,he took time out to visit her for lunch.As he approached her house,he was involved in an automobile accident with George.George sued both Joe and his employer.Explain the likely outcome.

Accepted Answer

Joe will be liable as the caus

Question 17

Distinguish between a rights dispute and an interest dispute.

Accepted Answer

An interest dispute occurs when the empl

Question 18

Explain when an employer can be held liable for the wrongful acts of an employee.

Accepted Answer

The employer is resp

Question 19

In which of the following situations will Smith be responsible for the tortious conduct of Jones?

Accepted Answer

A)  Jones is a independent contractor installing drywall for Smith's grocery store. 
B)  Jones is a computer programmer working for Ace Computer Ltd. and installing new software for Smith's department store. 
C)  Jones is a self-employed vacuum cleaner salesman and Smith manufactures one of the lines he carries. 
D)  Jones is a salesperson Watson's Warehouse visiting Smith's Grocery Store Ltd. 
E)  Jones is a secretary working in Smith's office. 
A)  Jones is a independent contractor installing drywall for Smith's grocery store. 
B)  Jones is a computer programmer working for Ace Computer Ltd. and installing new software for Smith's department store. 
C)  Jones is a self-employed vacuum cleaner salesman and Smith manufactures one of the lines he carries. 
D)  Jones is a salesperson Watson's Warehouse visiting Smith's Grocery Store Ltd. 
E)  Jones is a secretary working in Smith's office.

Question 20

What constitutes "just cause"?

Accepted Answer

chronic absenteeism,consistent

Which of the following is not an unfair labour practice?

When an employer demotes the employee or otherwise unilaterally changes the nature of the job,this may constitute ________________,and the employee may be able to sue for wrongful dismissal.

When ____________ are included in the original employment contract,committing the employee not to work in a particular geographical area or a particular industry after leaving the position,they have to specify a reasonable time and area.

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

Which of the following statements is correct with respect to the process by which a union organizes the work force of an employer?

Union employees have a legal obligation to honour (that is,not cross)a properly constituted picket line during a lawful strike or lockout.

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

Unionized employees can be dismissed without notice if there is no work to do.

Smith is an employee of ABC Company and wants to persuade the other employees to join a union and become certified,because the wages paid by ABC are less than those that would be paid in a union plant.ABC Company does not want a union.Which of the following is ABC permitted to do?

Trade unions are exempt from human rights legislation,because labour statutes are designated as primacy legislation.

"When one person does work for another,they can be either an agent,an independent contractor,or an employee." Discuss the accuracy of this statement.

Indicate what kinds of restrictions there are on an employer's right to dismiss an employee.

To what does the term "grievance process" refer?

Distinguish between a rights dispute and an interest dispute.

Explain when an employer can be held liable for the wrongful acts of an employee.

In which of the following situations will Smith be responsible for the tortious conduct of Jones?

What constitutes "just cause"?

Managing Your Legal Affairs

Introduction to the Legal System

The Resolution of Disputesthe Courts and Alternatives to Litigation

Intentional Torts and Torts Impacting Business

Negligence, Professional Liability, and Insurance

The Elements of a Contractconsensus and Consideration

The Elements of a Contract capacity, Legality, and Intention

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Exam 10: Employment

Which of the following is not an unfair labour practice?

When an employer demotes the employee or otherwise unilaterally changes the nature of the job,this may constitute ________________,and the employee may be able to sue for wrongful dismissal.

When ____________ are included in the original employment contract,committing the employee not to work in a particular geographical area or a particular industry after leaving the position,they have to specify a reasonable time and area.

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

Which of the following statements is correct with respect to the process by which a union organizes the work force of an employer?

Union employees have a legal obligation to honour (that is,not cross)a properly constituted picket line during a lawful strike or lockout.

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

Unionized employees can be dismissed without notice if there is no work to do.

Smith is an employee of ABC Company and wants to persuade the other employees to join a union and become certified,because the wages paid by ABC are less than those that would be paid in a union plant.ABC Company does not want a union.Which of the following is ABC permitted to do?

Trade unions are exempt from human rights legislation,because labour statutes are designated as primacy legislation.

"When one person does work for another,they can be either an agent,an independent contractor,or an employee." Discuss the accuracy of this statement.

Indicate what kinds of restrictions there are on an employer's right to dismiss an employee.

To what does the term "grievance process" refer?

Distinguish between a rights dispute and an interest dispute.

Explain when an employer can be held liable for the wrongful acts of an employee.

In which of the following situations will Smith be responsible for the tortious conduct of Jones?

What constitutes "just cause"?

Managing Your Legal Affairs

Introduction to the Legal System

The Resolution of Disputesthe Courts and Alternatives to Litigation

Intentional Torts and Torts Impacting Business

Negligence, Professional Liability, and Insurance

The Elements of a Contractconsensus and Consideration

The Elements of a Contract capacity, Legality, and Intention

Factors Affecting the Contractual Relationship

The End of the Contractual Relationship

Agency and Partnership

Corporations

Real, Personal, and Intellectual Property

Information Technology and the Internet

Sales and Consumer Protection

Priority of Creditors

Filters