Ch. 20 - Labour Law Flashcards
Jurisdictional Dispute
A labor dispute in which two or more unions each claim that the work in question should properly be performed by its members.
Closed shop
A workplace in which membership in the union is a precondition to hiring.
Union shop
A workplace in which employees must become union members after they are hired.
Open shop
(aka non-union shop) A workplace with no union membership requirement.
Rand formula
A term in a collective agreement that states that employees are required to pay union dues but are not required to join the union. VERY rare
Grievance
A complaint by either the union on behalf of an employee or by the employer, stating that the other party has breached the collective agreement.
Layoff & seniority
employees are laid off & hired back in order of seniority (highest seniority worker gets laid off last & hired back first)
what happens on strike?
striking employees are not getting paid. Management may try to keep the business going with the resources they have.
Picketing
protected as free speech so long as it is done peacefully & without intimidation. Can block someone from entering a business but cannot touch or assault them.
Interdependence of trades
a single group refusing to work may shut down the entire project. Other trades would violate laws if they cross the picket line.
Union origin & motive
in response to oppressive working conditions. A collection of employees often have more influence & allows to bargain as a group. Promotes industrial peace
Union formation
union agent approaches group of non-unionized employees, if 45% employees support union, rep can submit vote. If majority votes (50% +1) support union, leads to certification
Automatic Certification
if 55% choose to support union, union automatically certified without need for vote
Employer Resistance to Union
cannot fire someone trying to participate in union certification drive or oppose union backed by false facts. DO have right of free speech and can openly oppose union.
Are engineers unionized?
generally, no
labor laws government
usually provincial labor legislation. ARE exceptions that are federal like fisheries, transportation
unionizations in BC
generally going down, e.g. logging. Some are still heavily unionized, e.g. BC Ferries
Dependent contractor
performs work or services on a contract basis, is economically dependent on the employer
supervisory employee
middle management employee whose purpose is to supervise a group/set of employees. Cause issues under labor law as their duty to the employer may conflict with union interests. For this reason, some labor relations statutes exclude supervisors from employee definition.
manager
sole purpose is to manage a group of employees, does not pick up the tools. NOT an employee when considering employee relations
Unions in Construction industry
Often difficult since employees are hired on contract basis. Can be several unions for different trades
Successor employers
bound by pre-existing union rep & collective agreement. Company move may be prohibited as an unfair labor practice. Prevents corporate reorganizations from undermining unions
length of collective agreements
typically run for many years & so parties usually agree to include arbitration clauses in agreement
just cause
collective agreements prevent termination without just cause. Can be events that happen once e.g. stealing, true negligence, serious misconduct. Most times multiple warnings/suspensions e.g. being late to work, drinking at work.
work stoppages
strikes & lockouts. Illegal when collective bargaining agreement in place. Legislation prohibits employers from hiring replacement workers during a work stoppage.
union work
right to perform particular work is restricted to workers to the governing union. Reason why you had to fill out construction committee form & submit for union review before hiring a contractor to perform work on site.
