CHRP - Certified Human Resources Professional Labour and Employee Relations Questions and Answers 1 — Questions and Answers
Question 1: An employer discovers a union is attempting to organize its workforce. The HR manager is asked for advice on what actions management can legally take. Which of the following actions constitutes an unfair labour practice in Canada?
- Offering a wage increase to employees to discourage them from supporting the union. (Correct answer)
- Holding a mandatory staff meeting to present facts about the company and its current employee benefits.
- Forbidding distribution of union literature on company property during non-working hours.
- Advising employees that the company prefers to remain union-free but will respect their legal right to choose.
Correct answer: Offering a wage increase to employees to discourage them from supporting the union.
Offering a wage increase or other benefits to discourage union support is considered an unfair labour practice because it interferes with employees' right to freely choose whether to unionize. This action is seen as a form of intimidation or undue influence. The other options are generally permissible employer actions during a union organizing campaign.
Question 2: A newly certified union and an employer have been negotiating their first collective agreement for several months but have reached an impasse. What is the most common next step in the collective bargaining process under most Canadian labour jurisdictions to help resolve the dispute?
- Requesting the appointment of a conciliation officer from the Ministry of Labour. (Correct answer)
- Immediately proceeding to a strike or lockout action.
- Filing an unfair labour practice complaint with the Labour Relations Board.
- Agreeing to binding arbitration to settle all outstanding issues.
Correct answer: Requesting the appointment of a conciliation officer from the Ministry of Labour.
When direct negotiations fail to result in an agreement, the typical next step is for either party to request the appointment of a conciliation officer from the appropriate Ministry of Labour. The conciliator's role is to help the parties reach a mutual agreement through mediation before any legal job action can occur.
Question 3: Which of the following is the primary purpose of a grievance procedure in a collective agreement?
- To provide a formal process for terminating underperforming employees.
- To renegotiate the terms of the collective agreement during its term.
- To provide a systematic process for resolving disputes over the interpretation and application of the collective agreement. (Correct answer)
- To allow management to unilaterally change workplace rules and policies.
Correct answer: To provide a systematic process for resolving disputes over the interpretation and application of the collective agreement.
The primary purpose of a grievance procedure is to provide a formal, systematic process for resolving disputes that arise between the employer, the union, and employees regarding the interpretation, application, or alleged violation of the collective agreement. It is a dispute resolution mechanism, not a tool for termination, renegotiation, or unilateral changes by management.
Question 4: A manufacturing company implements a series of integrated HR practices, including employee involvement teams, extensive skills training, and performance-based pay. The goal is to enhance employee knowledge, skills, and commitment to improve organizational performance. This approach is best described as:
- A high-performance work system (HPWS). (Correct answer)
- A management by objectives (MBO) program.
- A traditional top-down management structure.
- A job enrichment strategy.
Correct answer: A high-performance work system (HPWS).
A high-performance work system (HPWS) is a specific combination of HR practices, work structures, and processes designed to maximize employee knowledge, skill, commitment, and flexibility. Key elements often include employee involvement, training, and performance-contingent rewards, all of which are mentioned in the scenario.
Question 5: During a union certification drive, what is the key piece of evidence a union must submit to the Labour Relations Board to demonstrate it has sufficient support from employees in the proposed bargaining unit?
- A petition signed by community leaders.
- A business case outlining the benefits of unionization.
- Signed membership cards from employees accompanied by a nominal payment. (Correct answer)
- A record of all employee complaints against the employer for the past year.
Correct answer: Signed membership cards from employees accompanied by a nominal payment.
To apply for certification, a union must provide evidence of employee support. The primary form of this evidence is signed membership cards, where employees formally apply to join the union. In most Canadian jurisdictions, these cards must also be accompanied by proof that the employee has paid a small amount (e.g., five dollars) as a membership fee.
Question 6: An employee in a unionized environment believes their supervisor has violated a specific clause in the collective agreement regarding overtime allocation. According to a typical grievance procedure, what is the employee's most appropriate first step?
- File a complaint directly with the provincial Labour Relations Board.
- Organize a work stoppage with their colleagues.
- Discuss the issue with their union steward and/or immediate supervisor. (Correct answer)
- Request immediate binding arbitration.
Correct answer: Discuss the issue with their union steward and/or immediate supervisor.
The first step in a typical grievance procedure involves the employee, often with their union steward, raising the issue informally or formally with their immediate supervisor. The goal is to resolve the dispute at the lowest possible level before escalating it through the formal steps of the grievance process.
CHRP - Certified Human Resources Professional Labour and Employee Relations Questions and Answers 1
An employer discovers a union is attempting to organize its workforce.
The HR manager is asked for advice on what actions management can legally take.
Which of the following actions constitutes an unfair labour practice in Canada?