Labor Studies



Answersto Questions: TextColor Blue

Section1: Employment Standards (10 points) 1.Employmentstandards are enforced under the EmploymentStandards Act, 2000 (ESA)that sets the minimum standards to be followed by employers andemployees.

2.Six examples of employment standards that are regulated under thisAct, include (fill in the blanks): (3 points) a.continuity of employmentb. Payment of wagesc. Hours ofwork and eating periods

d.Overtime pay e. Minimum wage3.Byvirtue of the fact that the ESA establishes a minimum floor onemployment standards, all employees in Ontario are covered by the ESA(circle one) a. Trueb.False4.Ifyou have an issue with your employer related to your employmentstandards, you can file a claim with the Ministry of Labor. However,there are two situations in which an employee who is covered by theESA cannot file a claim. What are those two situations? (2 points)a.When employee is represented by any trade union b. When claimhas been filed in court of law5.Wherein the world are minimum standards most important? Explain youranswer below in 3-5 sentences. (3 points)

ESAstates the minimum standards for the workplaces found in Ontario. Anyperson working in Ontario is protected by ESA. However, the employeesin some categories and federal jurisdiction are not covered by thislaw. To qualify for the ESA rules, the law has special rules andexceptions.

Section2: Human Rights and Equity (20 points) 6.Describethe difference between equality and equity (2 points), and use twoexamples to illustrate your points (4 points). One of these examplesshould include the case of British Columbia vs. BCGSEU.

Equalityimplies that all people are treated the same, meaning that eachperson can get same punishment for the crimes committed. The basis ofequality is treating every person the same. On the other hand, equityimplies treating everyone as they deserve on basis of circumstances.This means that each person does not get same punishment for similarcrimes. For instance the Jonesv. C.H.E. Pharmacy (2001),39 C.H.R.R. D/93 (B.C.H.R.T.) Commissionscolaire regionale deChamblyv. Bergevin (1994),115 D.L.R. (4th) 609 (S.C.C.) and BritishColumbia (Public Service Employee Relations Commission) v.B.C.G.S.E.U.,[1999] 3 S.C.R. 3.7.Provide an example of how collective action has led to changes inboth legal and cultural norms in Canada. In 3-5 sentences, explainwhat action was taken and what the outcome was. (3 points)

MackenzieKing Industrial Dispute was a major collective action in Canada thatled to industrialization. King was prime minister for approximately22 years and he steered Canada through industrialization and GreatDepression. During his term of service, King led in collectiveactions that saw the implementation of policies on changing socialrealities, industrialization and economic distress.

8.Outline four instances when it is illegal to terminate anon-unionized worker. (4 points) What about a unionized worker? (2points) In both cases, what remedy would the worker seek if theywrongly dismissed, and how would they proceed? (2points)

Anemployer can fire employee because of various reasons. However, thereare other times when the termination to both unionized andnon-unionized workers is illegal. These include

  1. Based on religion

  2. Race

  3. Ethnicity gender

  4. Education background

Underthe Federal Law, the fired employee is eligible for reinstatement andbecomes plaintiff in discrimination lawsuit during which they cancollect significant jury award.Section3: Health and Safety (10 points) 9.Whoenforces the Occupational Health and Safety Act? (1 point)

Ministryof Labor

10.What are three examples of health and safety issues that are coveredby the Occupational Health and Safety Act? (3 points) a.Violence and harassment b. Toxic substances c. Violenceand harassment11.Evenif no one is hurt, written notice of an accident or unexpected eventthat could have caused an injury at a construction site or in a mineor mining plant is required from the constructor of the project orowner of the mine or mining plant. (Circle one): (1 point) a.Trueb.false12.Who is the canary in the coal mine? (1 point) And whatis the significance of that expression? In your answer, explain itsmeaning in the original context and then explain how it applies to aspecific campaign. (2 points)

Canaryin a coal mine implies being a warning to other. Initially, the earlycoal mines were never ventilated. As a result, miners could bringcanaries to help detect methane and carbon monoxide. When the birdcontinued singing, miners would know that it is safe, failure towhich evacuation took place. A canary is a domestic bird that producecomplex but thrilling songs. The bird is very sensitive to small gasconcentrations and tends to react instinctively. Therefore, in thecurrent context, a canary in cold mine may be considered as a personwho is usually used to imply a warning to others.

Section4: Labor Relations (15 points) 14.TheCrown Employees Collective Bargaining Act regulates various aspectsof labor relations for most Ontario workplaces. (Circle one): (1point)

a.Trueb.False15.Whatare five of the aspects that this Act covers/regulates? (5 points)a.Collective bargaining b. Essential services c. Grievancesettlingd. Interpretation applicatione. Application ofLabor Relations Act16.Arthurssuggests three aspects of modern states are weakened byglobalization. After identifying each aspect, describe what itsimplications are for labor laws. (6 points) a.Land Implications this involves the inter-systematic conflicts bymobilizing power of state in order to reinforce the value andassumptions of reflexive regime.

b.Labor Implications: labor costs that arise from workplace lawexpressed as proportion of total exports. This relates to humanresource development and labor market dislocations

c.Capital Implications this implies the need to relate of diversify inother jurisdictions hence prone to changes in national currencies andshare prices.17.How does Arthur’s argument compare to the arguments that Burkettmakes? (3-5 sentences). (3 points)Arthuragrees with Burkett’s argument that economic stability can beachieved only through enhanced distribution of industrial proceeds.As such, the two scholars agree that legal process is necessary tocompel employers recognize union as legitimate bargainingrepresentative. Also, Arthur affirms the argument by Burkett thatconstitutional freedoms are critical in enhancing labor relationssince the disputes are so adversarial and costs increased.

Section5: Collective Bargaining (15 points) 18.In2-3 sentences, describe what is meant by a new wine in old bottles?(2 points)

Thephrase “old wine in new bottles” is a concept used to imply thatequality and its related ramifications in labor relations can beconsidered as good old wine which never lose the flavor over time.Instead, it is served in new bottles for every contemporary phase oflabor relations and labor laws.19.What is an appropriate bargaining unit? Provide 3 examples of thecriteria used by the OLRB to determine appropriateness, and discusshow this applies in the context of the union.

Appropriatebargaining unit refers to the public policy component that shapes thecollective bargaining structure to encourage the procedure andpractice of collective bargaining. This enhances likelihood of moreharmonious and viable collective bargaining relationship.

  1. OLRB determines whether the employees can access it to enhance reasonable collective bargaining

  2. They determine whether its large enough to enhance the efficiency of the unit as a vehicle for collective bargaining

  3. The community interest should be evaluated to determine the grounds for any collective bargaining between employer and employees.

20.Since unions represent labor, it’s not possible for them to engagein unfair labor practices (1 point) a. Trueb.false21.Duringa certification drive, limits are placed on employers. List threethings an employer can and cannot do during a certification drive,with examples. What is the consequence for violating the law? (3-5sentences) (3 points)

  1. Never threaten employees for job loss or closure after the success of the drive e.g. an employer may decide to lay-off employees who are opposed to unions

  2. Do not show favoritism to those not supporting the union e.g. most employers are against unions, hence they may be biased to give prominent positions to those who are not supporting the unions

  3. Do not spy on employees, e.g. issues to do with employees are normally discussed in union meetings, hence, employer should keep off from spying on what the employees are planning to do.

Anyemployer who violates the law and the rights of employees can bepenalized either minimal corrective measure of stiff monetary fines,and at other times prison and jail sentence.

22.What is the difference between surface bargaining and hardbargaining? (2 points)

Surfacebargaining refers to a strategy that results when one party incollective bargaining merely experiences the motions without theintention of signing an agreement. On the other hand, hard bargainingentails negotiation of positions instead of interests and is highlycompetitive, give priority to victory.

Section6: The Right to Join a Union (10 points) 23.Inyour own words, describe what Roy Adams meant by the revolutionarypotential of Dunmore. Make sure to include a discussion of the case,the relevant ILO conventions, and the Canadian Charter of Rights andFreedoms. (1 or 2 paragraphs) (5 points)

Adamurges labor movement to enhance the re-examination of appropriatenessof the exclusive certification model that extends collectivebargaining rights. Particularly, Adams advocates development ofnon-statutory unionism that is characterized by the independentnon-standard non-union employee. In this case the 2001 Dunmore’sdecision sounded unimpressive as it struck down the law in Ontariothat prohibited the agricultural workers from forming the union,hence denying them the statutory protection.

24.Define the Rand Formula and explain its significance (3 points)

Randformula refers to a workplace situation where trade union dues arepaid on a mandatory basis regardless of the status of the worker inthe union. The formula ensures that all employees do not leave theunion with the aim of avoiding the dues but leap the collectivebargaining benefits like health insurance and higher wages.

Section7: Negotiating a Collective Agreement (20 points) 25.Identifyand discuss the four key elements of the negotiation process in thecontext of a labor dispute (8 points)

  1. Interests: interests involved in the issue should be identified rather that dealing with positions of the negotiating parties. Negotiator should identify the interests of the parties rather than their positions to enhance identification of issues related with mutual concern and creativity

  2. People: parties in dispute may tend to forget that their opponents are people like them and suffer the same way, hence people should be separated from the problem.

  3. Alternatives: parties should know their Best Alternative to a Negotiated Agreement (BATNA) before and during the negotiation process.

  4. Identify options: this provide possible solutions to the problem. This promotes creative thinking and enhances the problem solving capabilities.

26.What is the difference between distributive and integrativebargaining? Give an example of each. (4 points)

Distributivenegotiation is a ‘fixed pie strategy’ that involves allocatingthe infinite resource shares amongst the negotiators. Each partyconsiders the other as adversary and each tries to grab the biggestshare of the resources, e.g. when making purchases. On the otherhand, integrative bargaining involves joint initiative beneficial toall the negotiating parties. In this method, all efforts concentrateon increasing total payoff from a mutual cooperation, e.g. when twoparties are in joint business and there arise a conflict ondividends, then division of the dividends based on the number ofshares will be crucial.

27.What is a BATNA? (1 point) In a labor dispute, which party has astronger BATNA? Explain your answer in 2-3 sentences (2 points).

BATNArefers to the Best Alternative to a negotiated Agreement. BATNAallows negotiators a certain level of flexibility unavailable fromthe bottom line. In this case, negotiation continues despite lack offigures.

28.Conflict can be bad but it can also be good. Describe some of thefunctions and dysfunctions of conflict. (4-5 sentences) (5 points)

Conflictsarise due to weakness in an organization such as employee characterflaw, inadequate resources, erroneous assumptions or miscommunicateddirections. Instead of considering conflicts as they arrive, thebusiness should determine the root cause of the conflict and seek forthe mitigation measures. On the other hand, conflict affectspersonnel emotions and disrupt operations. This has subsequenteffects on business as a whole and may result to huge losses.