Question 1

What is the minimum number of positive votes required in a representation vote in most jurisdictions in order for a certification to be successful?
A) 50 percent
B) 35 percent
C) 50 percent + 1
D) 60 percent

Accepted Answer

In most jurisdictions, the minimum number of positive votes required in a representation vote for certification to be successful is 50 percent plus 1 of the eligible voters who cast their ballots. This is commonly known as a simple majority. Therefore, option C is the correct answer.

Question 2

What potentially happens to the union/employer relationship when a business merges or expands its operations?
A) The labour board determines if this is a situation of "successorship"
B) All of the new employees cannot belong to the existing union
C) All of the new employees must join the existing union
D) Nothing. It is business as usual.

Accepted Answer

When a business merges or expands its operations, the labour board will determine if this is a situation of "successorship." This means that the new company will take on the existing collective agreement and recognize the union representing the employees of the previously separate entities. This can potentially change the union/employer relationship as there may be adjustments to the terms of the collective agreement, negotiations to expand the scope of the agreement, or differences in management style and priorities.

Question 3

Who conducts a representation vote in the workplace?
A) The employer
B) The union
C) The employer and the union jointly
D) The labour relations board

Accepted Answer

The labour relations board is responsible for conducting representation votes in the workplace. They are an independent organization that oversees and enforces labour relations laws and regulations to ensure fairness in the workplace. The employer and the union may negotiate the terms of the vote, but the actual administration of the vote is done by the labour relations board.

Question 4

When do most unfair labour practices tend to occur?
A) During the decertification process
B) During the collective bargaining process
C) During the certification process
D) In the few weeks following arbitration decisions

Accepted Answer

During the certification process, employers may engage in unfair labor practices to prevent unionization.

Question 5

Which of the following actions is not con
A) Demoting or disciplining union supporters
B) Employees' heated discussions about unionization
C) Intimidating employees into rejecting the union
D) Firing union supporters

Accepted Answer

Employees have the right to discuss unionization, and it is not considered an unfair labor practice under the National Labor Relations Act. Therefore, it is not an action that would be considered unfair or illegal. The other options listed are all examples of unfair labor practices that are prohibited by the NLRA.

Question 6

Which of the following would constitute a reason for the labour relations board to waive the application bar?
A) The employer has erred in its determination of the appropriate bargaining unit
B) The union has committed an unfair labour practice
C) The employer has filed for bankruptcy protection
D) The union has inadvertently erred in its application

Accepted Answer

The answer of Which of the following would constitute a...

Question 7

In some Canadian jurisdictions, the labour relations board may impose a certification order without the required percentage of employee support. Which of these circumstances is most likely to cause them to do so?
A) If the vote was not conducted properly
B) If employer intimidation caused union supporters to fear voting in favour of certification
C) If an insufficient number of employees attended the vote
D) All of the above

Accepted Answer

If employer intimidation caused union supporters to fear voting in favour of certification, it could be seen as a violation of labour laws and a form of interference with employees' rights. The labour relations board may therefore impose a certification order without the required percentage of employee support to ensure that employees are not unfairly prevented from exercising their right to join a union. A) If the vote was not conducted properly or C) If an insufficient number of employees attended the vote may not justify the imposition of a certification order without the required percentage of employee support, as these issues may not necessarily affect the legitimacy of the vote or the employees' free choice.

Question 8

Which of the following is one reason why the certification process was established?
A) To provide an alternative other than striking for employees to express their concerns
B) To eliminate the occurrence of unfair labour practices
C) To increase union dues
D) All of the above

Accepted Answer

The certification process was established as a formal mechanism for employees to express their concerns and seek representation without resorting to strikes, offering a structured approach to address workplace issues.

Question 9

Which of the following is not a reason that union raids occur?
A) The employees already have the work experience of a unionized environment
B) The organizing campaign is not usually aggressive
C) The organizing campaign is less costly
D) The employer goes out seeking a new union

Accepted Answer

Union raids typically occur when an existing union is perceived as ineffective, not because an employer seeks a new union.

Question 10

Who has the ultimate responsibility for determining the appropriate bargaining unit?
A) The union
B) The employer
C) The labour relations board
D) An arbitrator selected by the two parties

Accepted Answer

The ultimate responsibility for determining the appropriate bargaining unit lies with the labour relations board in most jurisdictions. They are an impartial third party with the expertise and resources to make an informed decision based on various factors such as job function and classification, level of skill and training required, and organizational structure. The employer and the union may propose their preferred units, but it is up to the labour relations board to review and make the final determination. An arbitrator may only become involved if there is a dispute about the bargaining unit.

Question 11

When a certification application is received, the employer must post a notice in the workplace. Which of the following is not typically contained in the notice?
A) The name of the union which is applying for certification
B) A description of the proposed bargaining unit
C) An indication that the interested parties can make submissions about the application
D) Names of union supporters

Accepted Answer

The names of union supporters are not typically included in the notice, as this could potentially lead to harassment or discrimination against those individuals. The notice should focus on providing information about the certification application and the opportunity for interested parties to make submissions.

Question 12

Which of the following is not an option available to a labour relations board after a hearing has been conducted?
A) Rejecting the certification application
B) Altering the bargaining unit's composition to one it considers appropriate
C) Inviting another union to compete for the employees' support
D) Ordering a new representation vote

Accepted Answer

Once a hearing has been conducted, inviting another union to compete for the employees' support is not an option available to a labour relations board. The board's options include rejecting the certification application, altering the bargaining unit's composition, and ordering a new representation vote.

Question 13

Why are there more complaints against employers than against unions for engaging in unfair labour practices during certification?
A) Unions have less power to intimidate employees
B) Unions have a rule against coercion
C) The employer is an easy target for these complaints
D) Union constitutions require them to adhere to all rules of organizing or face decertification

Accepted Answer

Unions typically have less power compared to employers, making it more difficult for them to intimidate employees. Employers, on the other hand, often have significant control over the workplace and can more easily engage in practices that might be deemed unfair during the certification process.

Question 14

Which of the following is not a potential remedy which might be applied by a labour relations board in the case of an unfair labour practice?
A) A make whole order
B) Ordering the union to be reimbursed for any extra organizing expenses incurred in combating anti-union activity by the employer
C) Ordering the reinstatement of employees who were disciplined because of anti-union animus
D) Sentencing the offending party to a jail term

Accepted Answer

Labour relations boards typically do not have the authority to sentence individuals to jail terms. Their jurisdiction is limited to enforcing and remedying violations of labour laws and regulations.

Question 15

The legal effect of a union or employer successfully applying for decertification is what?
A) The employer goes out of business
B) The end of the union/employer relationship
C) The union has a "successorship" application in mind
D) The employees must conclude employment contracts on their own

Accepted Answer

Decertification means the union no longer has the right to represent the employees, and the employer is no longer obligated to negotiate with the union. Therefore, the union/employer relationship ends.

Question 16

What is the usual procedure if a union changes its status by merging with another union?
A) To advise the labour board of the change
B) To unilaterally incorporate the change into the certification documents
C) To apply for certification under the new name to represent the same bargaining unit
D) To amend the collective agreement accordingly

Accepted Answer

When a union merges with another, it typically needs to apply for certification under the new name to ensure it is recognized as the representative of the bargaining unit.

Question 17

When examining an allegation of an unfair labour practice, which of the following is not one of the considerations taken into account by a labour relations board?
A) The existence of anti-employer animus
B) The effect of the alleged unfair labour practice
C) The existence of anti-union animus
D) The motive behind the alleged unfair labour practice

Accepted Answer

The existence of anti-employer animus is not a consideration taken into account by a labour relations board when examining an allegation of an unfair labour practice. The other options - the effect of the alleged unfair labour practice, the existence of anti-union animus, and the motive behind the alleged unfair labour practice - are all relevant factors that may be taken into consideration.

Question 18

Most Canadian labour codes set limits or time bars. What is the purpose of these time bars?
A) To restrict the time within which union organizing efforts can take place
B) To eliminate the possibility of unions raiding one another
C) To reduce the potential for unfair labour practices
D) To speed up the certification process

Accepted Answer

The answer of Most Canadian labour codes set limits or...

Question 19

Who is covered by a certification order?
A) All employees
B) All employees in the bargaining unit
C) All employees who are not considered management personnel
D) All employees who voted in favour of unionization

Accepted Answer

A certification order covers all employees who are part of the bargaining unit that voted in favour of unionization. It does not necessarily cover all employees in the organization, as some employees (such as management personnel) may be excluded from the bargaining unit.

Question 20

When does assessing levels of employee support for a union become complicated?
A) When the signatures are printed and not written
B) When there has been a delay between getting the signatures and submitting the application
C) When employees supporting the union are contemplating leaving the employer
D) When the employer asserts that the signatures are fraudulent

Accepted Answer

A delay between getting the signatures and submitting the application can complicate assessing employee support as it may affect the current relevance and validity of the signatures.

Quiz 6: Establishing Union Recognition

What is the minimum number of positive votes required in a representation vote in most jurisdictions in order for a certification to be successful?

What potentially happens to the union/employer relationship when a business merges or expands its operations?

Who conducts a representation vote in the workplace?

When do most unfair labour practices tend to occur?

Which of the following actions is not con

Which of the following would constitute a reason for the labour relations board to waive the application bar?

In some Canadian jurisdictions, the labour relations board may impose a certification order without the required percentage of employee support. Which of these circumstances is most likely to cause them to do so?

Which of the following is one reason why the certification process was established?

Which of the following is not a reason that union raids occur?

Who has the ultimate responsibility for determining the appropriate bargaining unit?

When a certification application is received, the employer must post a notice in the workplace. Which of the following is not typically contained in the notice?

Which of the following is not an option available to a labour relations board after a hearing has been conducted?

Why are there more complaints against employers than against unions for engaging in unfair labour practices during certification?

Which of the following is not a potential remedy which might be applied by a labour relations board in the case of an unfair labour practice?

The legal effect of a union or employer successfully applying for decertification is what?

What is the usual procedure if a union changes its status by merging with another union?

When examining an allegation of an unfair labour practice, which of the following is not one of the considerations taken into account by a labour relations board?

Most Canadian labour codes set limits or time bars. What is the purpose of these time bars?

Who is covered by a certification order?

When does assessing levels of employee support for a union become complicated?