1.Which of the following is true with regard to employment law?

a.The traditional test for determining whether or not a person is an employee is to assess the degree of control; an employee could be told not only what to do but also how to do it.

b.If a worker is injured on a job covered by the Workers Compensation Act, he can sue the employer for any injuries he may have suffered.

c.A lockout is action taken by employees to prevent the employer from operating as normal.

d.Constructive dismissal refers to a breach of the employment contract by the employer in which the employer has discovered that the employee committed theft.

e.Employees are allowed to strike only when the employer refuses to honour the collective agreement (a rights dispute).

2.Drew got a non-union, senior management job. After the first day, Drew went to his dad to discuss his obligations to his boss and his boss's obligations to him. Which of the following is false?

a.The employer owes Drew not only pay, but also some direction.

b.Drew must be punctual and obedient.

c.Drew owes the employer a fiduciary duty (i.e., a duty to serve the employer's interests above his own).

d.If Drew wants to quit, he must give the employer proper notice unless the employer has done some wrong (e.g., given an unreasonable or dangerous order).

e.The employer cannot terminate Drew's employment unless Drew does something wrong.

3.The common law infers a variety of legal obligations into the legal construct of employment whether the parties have specifically discussed those obligations or not. Which of the following is true as it relates to an employee's legal obligations?

a.Generally an employee is to serve the employer's interests and cannot "moonlight" and pursue related business opportunities that the employer has decided to not pursue for the time being.

b.An employee is required to follow the employer's preferred method of production even if it is inefficient and outmoded so long as the employer wishes to use that method notwithstanding.

c.An employee that occupies a fiduciary position with a business will be required to keep employment related confidences and refrain from competing with an employer for a reasonable time even after the employee leaves the company.

d.An employee can negotiate exceptions to various inferred legal obligations if they pursue that avenue at the time of negotiating the employment agreement/contract.

e.All of the above.

f.Only a, c and d.

4.Which one of the following is not an employer's legal obligation to an employee?

a.To provide a reasonably safe work place.

b.To provide training to carry out new processes for the job.

c.To provide work and direction to the employee.

d.To pay wages.

e.To provide a retirement savings or pension plan.

f.To pay for reasonable expenses incurred by the employee.

g.All of the above.

5.In many instances a person will be hired without any written employment agreement/contract. Even where a written employment agreement/contract is put in place, such a document may not provide when the employment will end. In such situations, which of the following is false?

a.In the absence of a specific provision as to when employment may end, upon termination an employer may simply impose the provisions in the Employment Standards Actstipulating what amounts to "reasonable notice" for such a termination.

b.If an employer wishes to terminate an employee in the absence of specific provisions as to termination and notice, in order to avoid responsibility for paying severance the employer can provide the employee with "reasonable working notice" in advance of the intended last day of employment.

c.If an employer wishes to terminate an employee in the absence of specific provisions as to termination and notice, the employer can offer a combination of working notice and severance pay that amounts to "reasonable working notice".

d.If an employee voluntarily retires from (gives up) their position of employment, no severance or working notice is required from the employer.

6.In many instances a business will face profound technological changes and will need to adapt or change the skill sets of their staff in order to survive in that changing business environment. Keeping in mind the contract principles having to do with changes to existing contractual engagements, which of the following is true in the employment realm?

a.Adapting to change ensures employee job security as the business will survive, as such employees are bound to accept changes to job responsibilities so long as the business provides time and resources to learn how to carry out the new job functions or processes;

b.Expecting employee agreement and providing time and resources to retraining is excessive and unreasonable in times when survival of the business is dependent on changing, Courts will not entertain claims of "constructive dismissal" from recalcitrant employees that will not agree to adapt to the changes necessary to survival.

c.Small incremental changes in a business environment are to be anticipated and requiring staff to train to adapt to such changes is not a contravention of an existing employment agreement/contract that would give rise to a complaint of constructive dismissal.

d.Continued employment in a fast changing and competitive business environment is sufficient contractual consideration for agreeing to a change in terms of employment.

7.Existing contractual agreements can be altered if two criteria are met: both parties agree to the changes and there is an exchange of tangible benefits for that agreed upon change. Human resource managers know that the staff skill set will need to change as businesses face economic and technological change over time. What of the following strategies should HR managers consider as effective tools for dealing with changes in the workplace?

a.Insisting on written employment agreements/contracts that contain specific provisions as to how employment skills will need to be upgraded or added to from time to time and that the employer will provide time and resources for doing so.

b.Regardless of whether or not written employment agreements exist for staff that contain "change" stipulations, anticipate change so that small incremental changes are introduced over time rather than accumulating so that they become a single drastic change when finally implemented.

c.Consider inviting selected staff to entertain a "retirement package/buyout" as an alternative to the disruption and expense of having to retrain an unwilling staff member.

d.Consider inviting selected staff to receive a "bonus payment" to undertake the necessary training to incorporate the new skill set into the staff complement.

e.All of the above.

8.As noted above, many employment agreements (written or verbal) do not address when the employment will end. Given that in situations where a person carries out their employment duties competently, those employment relationships last for months and years, which of the following is true?

a.The Employment Standards Actprovides that any written employment agreement must provide for a minimum employment period of six (6) months.

b.If a person is providing a service to a business for seven (7) days or less, that relationship cannot be a relationship of employment, i.e. the person is deemed to be an independent contractor.

c.Building contractors must be very careful in estimating the expected duration of their projects as any employees retained for such a project must have a definite "end date" for their employment as it cannot be stipulated to end simply once the project is completed.

d.If an employer has overlooked stipulating an "end date" into an employment agreement, they can "insert" such a provision after the fact so long as the employee agrees.

e.An employee who has carried out their duties competently for years may be terminated upon proper working notice being provided.

9.Sophisticated Human Resource Managers will ensure that new staff are hired by way of a written employment agreement/contract and such agreements/contracts will contain specific provisions having to do with how the employment relationship may end. As such, which of the following are false?

a.So long as the employee is an adult, the contractual doctrine of "freedom of contract" provides that the employee can agree to termination/severance payments that are less than what is provided by the provisions of the Employment Standards Act in the absence of such a written provision.

b.Some desirable candidates will negotiate severance entitlements that are far greater than what a Court may award when considering the common law factors to be taken into account for calculating the same.

c.Some staff have valuable experience and skills to "pass on" to other staff before they leave the business. As such, a Human Resource Manager may decide to provide such a staff person with working notice and then task them with teaching one or more remaining staff members the skills or information they have before they leave.

d.The minimum amounts for severance set out in the Employment Standards Actcan be adopted into an employment agreement/contract to avoid paying much higher severance amounts that may otherwise be payable according to the "Bardal factors".

e.Employers or employees may negotiate enhanced severance entitlements as a way to ensure retention of that employee.

10.In the Ontario case of "Bardal", the Court outlined several factors that will be considered when determining an appropriate amount of severance/reasonable notice in the absence of a contractual stipulation to that effect. As to these factors, which of the following is true?

a.Human Resource Managers often present a person with a severance proposal on the basis that it is to reward the person for their past faithful and valuable service. However, severance is not meant to be a reward, it is meant to compensate the person for their loss of income due to their imminent unemployment.

b.A person who is terminated on Friday without compensation/severance of any kind is entitled to severance based on the Bardal factors regardless of whether they begin employment on the following Monday at the same rate of remuneration as they received in the job they have just been terminated from.

c.The more talented and valuable a person has been to their employer for their past service, the greater their severance entitlement is.

d.For most people, being terminated "without cause" is a stressful and demeaning experience. As such, court ordered severance awards include compensation for the negative psychological effect on such a person.

e.If a person remains unemployed for three years following termination, application of the Bardal factors will allow recovery of severance for the loss of employment income to the end of that three year period.

11.In contract law, a "victim" of a wrongful breach of contract must still take reasonable steps to "mitigate" (avoid or lessen) their losses due to the wrongful breach. In the employment realm, what of the following is false as to a person's mitigation obligation following a "wrongful dismissal"?

a.In most instances, mitigation will require the person to take reasonable steps to find new employment.

b.As there is no entitlement to compensation for "hurt feelings" due to termination, a person must immediately begin their search for a new job or face a deduction in their severance entitlement for failing to do so.

c.In some instances job retraining will be a more suitable alternative to immediate job search if the person's skills are limited to a "dying industry".

d.Job search efforts may need to expand as to location and/or type of work if similar work cannot be found locally or otherwise.

e.All earnings obtained due to mitigation efforts are deductible as against any severance entitlement for that applicable period.

12.If the place of employment is not unionized and there are no provisions in the employment contract concerning termination of employment, which of the following would not be within the rights of the employer and allow an employee to successfully sue for a severance payment?

a.An employee is dismissed because there is no more work to do and is given neither notice nor pay in lieu of notice.

b.An employee is dismissed because her employer doesn't like her disposition, and she is given reasonable pay in lieu of notice.

c.An employee is dismissed because he refused to do a job to which he had just been demoted, and he was given reasonable pay in lieu of notice.

d.An employee is dismissed for chronic incompetence after being warned on several occasions and having been provided several "retraining opportunities" and is given neither notice nor pay in lieu of notice.

e.An employee is dismissed because he was found stealing goods from his employer.

13.Larry has been employed as an accountant with the general accounting firm of Talbot & Ross for seven years. During the first four years Larry was an exceptionally capable employee and received consistent favourable performance reviews, promotions and assignments to progressively more important and complex projects. Three years ago three of the more senior partners in the firm left to form their own competing firm. Larry was quite upset at their departure and his work and enthusiasm has waned considerably since then. Uncharacteristically, he has been mistake prone with his work over the past two years and the work he has done is usually late and needs other people to correct various errors. To date the managing partner and Human Resource Manager have not consulted with Larry to address the developing work lapses: they hope he will simply "pull out of it". If not, they intend to terminate him. In such a situation, which of the following is true?

a.Larry's progressive decline in work productivity and chronic errors collectively amount to "reasonable cause" for termination and the firm will be able to terminate Larry without any obligation to pay severance if they decide to do so.

b.The firm can "wait and see" whether Larry's work performance improves back to his previously high level of quality and if it does not, the firm can terminate Larry but may be required to pay appropriate severance as they did not employ "progressive discipline" before doing so.

c.So long as the firm pays appropriate severance, Larry can be terminated at any time regardless of his past valuable service to the firm.

d.If Larry is terminated "without cause" and joins the firm founded by the departed senior partners the day after termination, he is still entitled to a full severance award based on the Bardal factors without deduction of any earnings with his new employer.

e.All of the above.

f.a and b.

g.b and c.

14.Barry is the Human Resource Manager at Talbot & Ross. He thinks that the firm should consider other actions apart from simply waiting to see if Larry will improve his work performance. Barry remembers hearing about "progressive discipline" when he took Commerce 304 at UNBC several years ago. Barry has contacted you to see if you have any notes or other materials that will help him better understand the concept of progressive discipline in order to deal with Larry's situation as outlined in Question 13 above. As such, which of the following is false as it relates to the concept of progressive discipline?

a.The concept of progressive discipline was developed to recognize that employment is very much like a relationship and that termination is the most drastic response to poor employee performance.

b.If an employee should reasonably realize that their conduct falls below expected work performance standards, an employer need not embark on progressive discipline and can terminate "for cause" following two or more instances of poor employee performance.

c.In order to be effective, the employer needs to advise the employee that termination may follow repeated instances of the instance of poor performance.

d.Where one instance of poor job performance may not amount to just cause for termination, several instances done after an employee has been warned may amount to just cause.

e.Progressive discipline requires the employer to provide clear notice of the poor performance conduct, an opportunity to the employee to improve and may require the employer to provide resources to the employee to do so.

15.Considering Larry's situation in Question 13 above, if a Court is called on to consider an appropriate severance payment for Larry, which of the following is true?

a.In the absence of any contractual stipulation as to severance, a Court will consider several factors in determining an appropriate amount of severance.

b.A Court will take into account Larry's poor work performance during his last two years with Talbot & Ross and his severance award will be reduced accordingly.

c.As Larry provided Talbot & Ross with four years of exceptional service, a Court will increase any severance payment to recognize that past valuable service to the firm.

d.In considering an appropriate severance payment for Larry, a Court will keep in mind that the amount cannot exceed the amounts set out in the Employment Standards Act.

e.All of the above.

16.The Judge dealing with Larry's claim seeking severance has lost her Commerce 304 notes and has contacted you to explain to her what the Bardal factors are for assessing Larry's claim. As such, which of the following properly explain those factors?

a.One factor is age, as older people generally have more wisdom and skill, less severance is payable as they will be re-employed more readily.

b.Another factor is length of employment, the longer the employment the greater the severance.

c.Another factor is job skills, as these skills make a person more valuable they are entitled to more severance if they have been "wrongfully terminated".

d.Another factor is the job market or economy, an employer cannot control these factors so it plays no part in assessing severance.

e.All of the above.

17.Larry has a sister, Mary. Mary has a degree in Commerce from UNBC and a Master's Degree in Business Administration. For the past ten years she has been the Executive Director of "Wishes for Fishes", a non - profit society devoted to protecting fresh water fish habitat. As such, she supervises twenty - two staff, including a variety of scientists engaged in field studies and assessments pertaining to maintenance and improvement of fresh water fish habitat. Mary is also a keen fisher and enjoys eating fresh caught trout roasted over a fire. Three days ago the Board met to consider terminating Mary as they feel her activities in fishing and eating fish reflect badly on the goals of the organization. In considering termination, which of the following should the Board keep in mind as a false statement related to such a course of action?

a.A potential employer can create termination provisions in a written employment agreement/contract to stipulate what activities or events will be considered "reasonable grounds for termination". So long as these provisions are not contrary to the BC Human Rights Code or Employment Standards Act, they are enforceable even if they seem petty or harsh.

b.The Employment Standards Act sets out minimum amounts payable upon termination "without cause". So long as a written employment agreement/contract stipulates severance payments at least equal to the employment standard minimums, the stipulated amounts are enforceable regardless of whether or not the person may be entitled to a greater amount taking the Bardal factors into account.

c.If Mary is terminated without any notice or severance payment, in the absence of any contractual stipulations as to termination and severance, a Court will consider her managerial duties and that she was the de facto head of the agency in considering her severance entitlement.

d.If Mary is terminated without any notice or severance payment, a Court will award Mary "punitive damages" as the termination was groundless and based on a Board decision that had nothing to do with her work performance.

18.Which of the following minimum employment terms or benefits are stipulated by the Employment Standards Act:

a.Minimum wage levels.

b.Health care benefits.

c.Vocational Rehabilitation.

d.Paid Parental Leave.

e.Pensions.

f.All of the above.

19.The Employment Standards Act covers a wide range of employment related issues. Identify the false statement from the following:

a.An employer is required to provide a break during the first four hour period of work.

b.An employer must pay an amount equal to minimum required "holiday pay" in addition to the agreed upon hourly wage.

c.An employer is required to pay wages for onsite training for new employees.

d.An employer can require an employee to work hours in excess of eight hours in a shift so long as it is not harmful to the employee's health or safety.

e.All of the above.

20.Barry at Talbot & Ross has decided that a good way to reduce staffing costs over the long run is to replace any retiring administrative staff with staff to which only wages and other benefits required by the Employment Standards Actand "nothing more". As such, what of the following are allowed under the provisions of the Employment Standards Act?

a.A payment equal to eight (8) weeks salary and benefits to an employee who is terminated "without cause" after faithfully and productively working at the firm for twenty (20) years.

b.Unpaid leave for up to five (5) days per year to an employee who needs to meet responsibilities related to the care, health or education of any member of the employee's immediate family.

c.Provision of no more than three weeks of paid vacation per year.

d.To ensure sufficient staff are required each day, to call in at least two more than are needed and then send the extras home with pay for two hours only.

e.To insist staff attend for work on Easter Monday and Boxing Day without paying any increased hourly rate for doing so.

f.All of the above.

21.In addition to the common law rules governing employment, several statutes in BC set out provisions to improve the situation for employees. Which of the following is false with regard to these statutes?

a.The Employment Standards Actsets out some minimum standards with regard to such matters as wages, hours of work and termination.

b.The Human Rights Coderequires businesses covered by the Act to contribute to a fund that is used to pay for job-related injury.

c.When an employee is terminated because they "are always pregnant", they only have a claim with the Human Rights Tribunal if the employer did not stipulate in writing the number of pregnancies allowed at the time the person was first hired.

d.Only "non-Union" businesses are required to comply with the provisions of the Human Right Code.

e.The Employment StandardsActis a Provincial Statute.

f.a and e.

g.b, c and d.

22.The provision of the Human Rights Codeprohibiting discrimination in relation to employment states "...a person must notrefuse to employ or refuse to continue to employ a person, ordiscriminate against a person regarding employment or any term or condition of employment because of the race, colour, ancestry, place of origin, political belief, religion, marital status, family status, physical or mental disability, sex, sexual orientation, gender identity or expression, or age of that person or because that person has been convicted of a criminal or summary conviction offence that is unrelated to the employment or to the intended employment of that person..." Many people may develop physical or mental disabilities during the course of their working career that impact negatively on their ability to meet their employment performance requirements. As to an employer's obligation to deal with such an employee, which of the following are false?

a.Substance abuse problems arise from a person's deliberate choices as to their use and misuse of disabling substances. As such, an employer is not required to accommodate employees who fall short of performance requirements due to drug or alcohol abuse.

b.In some instances, a performance requirement is a necessary occupational requirement. E.g. a lifeguard needs to be able to swim. In such an instance, an employer may discriminate against an employee who has developed a physical disability even though it may mean that the employee will lose their job.

c.Non-profit organizations that exist to promote a certain cultural or social agenda will discriminate as a matter of their existence and are not bound to adhere to the Code's prohibition. E.g. Roman Catholic Church will only ordain men.

d.An employee shares an equal responsibility with the employer to devise a method of successfully accommodating a disability. This includes full and frank disclosure of medical information as to the nature and scope of the employee's disability.

e.Shared responsibility as to devising an accommodation may include an agreement that if the employee fails to adhere to their responsibilities, the employee may be terminated. E.g. A person with a substance abuse disability continues to attend work impaired or fails to undertake rehabilitative programs.

23.The provision of the Human Rights Codeprohibiting discrimination noted in Question 22 above will allow the Tribunal to order reinstatement of any person terminated in contravention of the Code and payment of financial compensation to the employee for that conduct. As such, which of the following are true as to the provisions of the Code and determination of a claim?

a.Most discrimination arises from groundless prejudices that have no place in a reasonable civil society. As such, a claimant needs to prove two things to be successful: that the employer's conduct is discriminatory and that the employer intended to affect the person because of their groundless prejudice.

b.In the absence of proof of a deliberate intention to discriminate, a claimant will still be successful if they can show that the discriminatory behaviour has a clear discriminatory effect.

c.If a discriminatory effect has been demonstrated, the employer may avoid liability if it can demonstrate a bona fide occupation requirement for that effect.

d.If an employer has taken reasonable steps to avoid a discriminatory effect on an employee and the action is done for reasons related to the business needs, the employer may avoid liability for the effect.

e.All of the above.

f.b, c and d only.

24.WorkSafe BC provides the following benefit(s) for workers who are injured on the job:

a.Wage loss.

b.Health care.

c.Vocational Rehabilitation.

d.Pensions.

e.All of the above.

25.The Workers Compensation Actwas first enacted in 1917 to provide a statutory framework for regulating work place safety in British Columbia. Since then workplaces have become far more complex and technically challenging. Considering the changes in that past century, which of the following are true as it relates to work place safety in BC at the present?

a.Responsibility for work place safety is shared in a multi-level fashion: employers, employees, sub-contractors, independent contractors, suppliers, officers and directors all share responsibility for work place safety.

b.Originally the compensation scheme dealt primarily with determining if a person's injury or ongoing disability was caused by a work place mishap and, if so, what amount of compensation would be provided.

c.As the statutory regulator (now known as WorkSafe BC) became more experienced, it began enacting codes and regulations as to the creation and maintenance of work place environments and equipment.

d.Most recently, WorkSafe BC has shifted focus to improve education and health and safety programs in all work places.

e.WorkSafe BC will soon be replaced by a new regulator, Safety BC.

f.All of the above.

g.a, b, c and d.

26.The explosive confrontations between management and workers attempting to organize themselves to offset the power of the employer led most governments to pass laws that would create and maintain labour peace. Which of the following is false with regard to collective bargaining legislation?

a.A lockout is an action taken by the employer to prevent workers from working and earning a wage.

b.A contract approved by both the employer and the union is called a collective agreement, and it must set out the method for the settlement of disputes that could arise under the agreement.

c.It is an unfair labour practice for an employer to threaten to fire a worker for joining the union.

d.Employers can block their workers from organizing themselves as a union as long as they do not use violence or the threat of violence.

e.Once a union is certified, the union worker will not bargain for his or her contract; the union will have a bargaining agent who has the authority to negotiate for a contract that will bind all union workers in that bargaining unit.

27.The administrative staff at Talbot & Ross have become very unhappy with Barry's recent efforts at imposing "Employment Standards' minimums" on all new administrative staff hired over the past two years. The firm now employs thirteen (13) administrative staff of which six (6) were with the firm before Barry began his new hiring strategy. Elmer, a staff member recently hired and now responsible for maintenance, has contacted UFCW to see whether that Union would be prepared to organize the staff to "fight for" better working terms and conditions. Which of the following is false as it relates to organizing the administrative staff?

a., In order to be represented by UFCW only seven of the administrative staff, need to agree to do so.

b.As six of the staff were with the firm before Barry's efforts prompted Elmer to seek out UFCW for help, those six staff can elect to be "grandfathered" and remain "out of the Union".

c.Even if all thirteen staff agree to allow UFCW to represent them, the Labour Relations Board will still review the group's "makeup" to ensure that they are a suitable group for representation by UFCW.

d.If the UFCW is certified as the bargaining agent for the staff, all thirteen members will be bound by any agreement ultimately negotiated by that Union whether they vote in favour of the agreement or not.

e.If Barry hires three more administrative staff after UFCW is certified as the bargaining agent, those new hires will be considered as members of the bargaining unit.

28.Labour organization and legislation in Canada was not perceived as a serious societal concern until Canada faced the need for "industrial stability" to respond to the need for armaments during the Second World War. As such, the Government of Canada enacted legislation largely modeled on a piece of American legislation known colloquially as the "Wagner Act". Which of the following are principles drawn from that American legislation?

a.Despite any differences of opinion between individual workers as to suitable terms and conditions, the Union acts as the exclusive bargaining agent with the employer.

b.Regardless of the agreement of a group of workers and its proposed Union, the regulatory board will do its own assessment to determine the suitability of the group makeup for representation.

c.Determination of contentious issues within the group is resolved by a vote of a mere majority of the members: 50% plus one person.

d.Members of the bargaining unit cannot slow down or withdraw services during the life of a collective agreement.

e.All of the above.

29.The process by which a particular union achieves the status of bargaining agent for a group of employees is called:

a.Certification.

b.Binding Arbitration.

c.Arbitration.

d.Conciliation.

e.Job Action.

30.Jane has worked with ten other employees at a restaurant for the past four years.The restaurant was recently sold to a new owner and changes have been made.The regular employees have been losing hours and had changes made to their regular shifts to accommodate the needs of two family members hired by the new owner.Jane called the local branch of the Service Employees Union who agreed to help organize the restaurant and apply to become certified to represent the employees if enough of them were interested.Jane would be the main contact.The Union gave her ten membership cards and gave her careful instructions about what was and was not permitted when approaching employees to sign membership cards.Jane got busy and had five of her fellow employees signed up that very day.She didn't know how to reach the cooks, so she approached two of them when she was at work the next day.Both readily agreed to sign membership cards.By the end of that day, word had got out about the organizing drive and Jane's activities.When Jane arrived at work the following day, the new owner was waiting.He told her, in front of witnesses, that he couldn't trust someone who would go behind his back and try to form a union.He told her she was terminated, to clear out her locker and take her union paraphernalia with her.Jane went straight to the Union hall and reported the whole thing.Two days later another waitress was hired to replace Jane.Which of the following statements is false with respect to these facts?

a.Jane has a solid basis for a complaint that an unfairlabourpractice has been committed and she stands a good chance of being reinstated and paid lost wages.

b.The Employer has a good chance of proving it had proper cause to justify terminating Jane because she approached other employees to join the union on the Employer's premises during working hours which is contrary to the Code; therefore the employer had proper cause.

c.It is an unfair labour practice to discharge or discipline an employee because that employee has participated in the promotion of a union.

d.The Employer is unlikely to be successful with its submission that it didn't breach the Code because Jane's termination was due to a lay off.

e.The Labour Relations Board may order automatic certification of the employees of the restaurant if it is of the view that the organizing drive was likely to be successful and the Employer's unfair labour practice has put a chill on the organizing drive.

31.Elmer, the "maintenance man" at Talbot & Ross spent considerable time and effort in contacting UFCW and speaking with other administrative staff at the firm in an effort to convince them to agree to have UFCW represent them in negotiating better terms and conditions for working at the firm. Most recently, the UFCW representative he has been communicating with, Clary Stevens, has told him that he, Elmer, may not "fit" into the proposed bargaining unit. Clary has told Elmer that she will "fight" for Elmer's inclusion but the decision will be made by the Labour Relations Board based on their own independent assessment of the situation. As to Elmer's chances of being included in the proposed bargaining unit, which of the following factors will the Board not consider?

a.Elmer's functional integration into the business of the employer.

b.The similarity of skills, interests and duties of the proposed members.

c.The group's willingness to have Elmer as a member of their propose unit.

d.Whether other similar business have maintenance staff included in the bargaining unit.

e.The administrative structure of the firm.

f.c and e.

32.Notwithstanding the uncertainty of his inclusion, Elmer has been indefatigable in his efforts to "organize" the staff at Talbot & Ross. Which of the following is false as to the "certification process" in British Columbia?

a.Elmer has already "gotten the ball rolling" by communicating with both UFCW and his fellow staff members as to being represented by UFCW.

b.As no other union is already involved with the staff group, Elmer and Clary can now begin their efforts at an organizing drive.

c.Elmer and Clary will need to have any staff member willing to be represented by UFCW sign a membership card confirming that willingness.

d.Elmer and Clary must "sign up" the necessary number of staff members within 90 days of making their application to the Board seeking to do so.

e.As all decisions are based on a "mere majority", Elmer and Clary must "sign up" at least seven members of the proposed group of thirteen.

f.None of the above.

33.As matters turned out, during the 90 day "organizing drive" at Talbot & Ross Elmer received the good news from the Board that he was considered an appropriate member of the proposed bargaining unit. In no small part, due to Elmer's efforts ten of the staff (including him) voted in favour of retaining UFCW as their bargaining agent. (Sadly, the three staff that were not in favour have begun a secret campaign of stealing Elmer's lunch on a regular basis!) Elmer and Clary are now preparing to meet with Barry and Jerry (the firm's managing partner) to negotiate a first contract for the group. As to bargaining for a first contract, which of the following is false?

a.Unless Elmer and Clary agree otherwise, Barry and Jerry need to be ready to begin "bargaining" no later than ten (10) days after receiving notice to do so from UFCW.

b.If Barry and Jerry refuse to meet with Elmer and Clary, the Board may "impose" a "first contract" and determine the terms and conditions that contract will contain.

c.If the two groups cannot come to an agreement on a contract either group can ask the Board to appoint a mediator to assist them in reaching a resolution of the issues.

d.If mediation fails to result in a new contract, the Board may allow the staff to "go on strike" in support of their first contract demands.

e.If mediation fails to result in a new contract, the Board will impose a first contract and must not allow the staff to "go on strike" as an alternative.

f.If mediation fails to result in new contract, Talbot & Ross can ask their "last contract offer" be placed to a vote of the staff and if accepted by a mere majority (50% plus one), that contract is binding on the parties despite Elmer and Clary's opposition as authorized representatives of UFCW, the bargaining agent.

34.Elmer and Clary were successful in their efforts to negotiate a "first contract" with Talbot & Ross. Amongst other things, the contract included wage increases of 2%, 2% and 3% over the three year period. As well, the terms included "seniority privileges" for staff competing for promotions. All in all, the administrative staff are very pleased with the outcome and whoever has been stealing Elmer's lunch has stopped doing so. As to the other terms of the new contract, what of the following are false?

a.Such a document is often referred to as a "collective agreement".

b.As the bargaining unit includes several people who were Talbot & Ross staff well before Elmer joined the firm and began the "union process", their individual terms and conditions have been preserved/grandfathered pursuant to Section 143(b) of the Labour Relations Code.

c.The agreement includes provisions for dealing with disputes during the three year term by way of grievance arbitration.

d.The agreement includes provisions prohibiting work stoppages or slowdowns as a response to perceived contraventions of the terms of the agreement.

e.The agreement includes provisions allowing for termination of staff if "just cause" can be demonstrated although lesser forms of discipline may be imposed.

f.None of the above.

35.Which of the following statements is correct with respect to the process of mediation?

a.The mediator's recommendations cannot be ignored by the parties.

b.Mediation is a process by which a third party is chosen by the government to impose a settlement on the parties.

c.Mediation is a process by which a third party is chosen by the parties to impose a settlement on the parties.

d.This refers to the requirement that the parties bargain in good faith to reach a contract.

e.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.

36.Sometimes parties to a collective bargaining negotiation realize that they are very close to an agreement but cannot "get past" the few remaining items. In such a situation, the parties may actually agree to submit to binding arbitration in order to avoid work disruption that arises from strike or lockout actions. Which of the following may provide a useful resolution through arbitration?

a.Having the bargaining unit vote on the last employer's offer to better gauge how deep and serious dissent is on the remaining outstanding unresolved items.

b.Allowing the arbitrator to meet with each side privately to share candid and blunt comments on that party's position on those outstanding items.

c.The arbitrator limiting the parties' competing demands to a "best offer" in which the arbitrator picks one offer or the other and does not "mix and match" items from each sides' proposals.

d.All of the above.

37.Which of the following statements regarding picketing for provincially regulated employers in BC is true?

a.Only members of the bargaining unit that is on strike or locked out may picket.

b.Where the business/employer carries on business at multiple geographic locations with different collective bargaining units, the Code does not allow picketing locations where the employees at that location are not involved in the strike or lockout.

c.On application the Board may allow picketing to occur at places of work where the employer involved is having work performed.

d.An employer may look to the courts to regulate illegalbehaviouron an otherwise legal picket line.

e.All of the above.

38.Which scenario is not a breach of the BC Labour Relations Codewith respect to conduct during a strike/lockout?

a.An Employer continues production in its manufacturing plant utilizing now retired but former loyal long term loyal employees who used to be members of the union.

b.The Employer continues to operate its manufacturing plant using employees of the plant who are not members of the bargaining unit (e.g. excluded managers).

c.The Employer continues to operate its manufacturing plant utilizing employees of the plant who are not members of the bargaining unit and assigns their sales and office work to family members who have agreed to help out.

d.The Union members on strike carry placards with exaggerated and untrue statements about the employer written in large print for passersby to see.

e.All of the above.

39.Which of the following statements is false with respect to the timing of a Strike?

a.Before a strike may occur, the Union must obtain a vote in favour of a strike.

b.The employees must vote on the employer's last offer prior to the commencement of a strike.

c.The Union must provide at least 72 hours' notice of its intention to strike.

d.No strike may take place unless the parties have first bargained in good faith.

e.No strike may occur during the term of a collective agreement.

f.None of the above.

40.In which of the following disputes do the workers have the right to strike (assuming the proper procedural steps are taken)?

a.A dispute between the workers and the management following an organizing drive by a union to have the union appointed as the bargaining agent for the workers.

b.A dispute between the union and the employer over the meaning or interpretation of a provision in the existing collective agreement.

c.A dispute between the union and the employer over the terms to be included in a new collective agreement for the parties.

d.A dispute between two unions over which union should represent the workers.

e.A dispute between the union and the employer over discipline imposed on a worker for misconduct in the workplace.