Exam 4: The Legal Environment

The U.S. Wagner Act differs from Canadian labour law in two key aspects. What are they?

Conciliation is a process in which a neutral third party forces labour and management to settle their dispute.

Other than determining who are managerial employees, what other factors do labour boards consider in a certification procedure?

In Canada strikes are illegal during the term of the collective agreement.

Clause 42(1) of the Nova Scotia Trade Union Act writes into a collective agreement a dispute resolution mechanism if the agreement lacks such a clause. What is this an example of?

A major feature of Roosevelt's New Deal was the Wagner Act.

Where is the concept of voluntarism most prominent?

Which form of dispute resolution is most common in Canada?

Employment equity in Canada applies to which group?

5. A tripartite board has three stakeholders: employees, unions, and management.

What was the Wagner Act intended to do?

What does "the duty of fair representation" mean?

List two ways in which the Wagner Act dealt with interunion conflict.

Why was the principle of exclusivity important in developing labour law?

Globalization of trade and the increased mobility of capital have created pressure for new international labour market rules.

In their early decisions, the Supreme Court found that freedom of association included the right to strike.

On January 30, 2015, the Supreme Court constitutionalized the right to strike in Canada.

According to the Supreme Court of Canada's ruling, which legislation did Walmart violate?

A union has the duty not to discriminate or act in an arbitrary manner.

Why are labour boards an important alternative to courts?