Chapter 6

Question 1

Remedies for unfair labour practises

Answer 1

• Make “whole”
• Cease and desist orders
• reimburse union for extra costs
• Reinstate fired Employees
• Order a further representation vote
• Enhanced union rights to organize
• Rarely certifiy the union without a majority vote

Question 2

Unfair Labour Practises (ULP)

Answer 2

• Committed by the employer or union
• common during organization and certification process
• Employer may not participate or interfere with, the formation selection or administration of a trade union, or contribute finanically ot other support to the union

Question 3

Examples of ULP

Answer 3

• demoting
• disciplining
• Firing
• Downsizing
• Laying off
• Transferring employees

Question 4

Steps in Assessing the Certification Application

Answer 4

• Application for certification file - Labor Relations Board
• LRB, notifies employer, applications is posted in the workplace
• LRB quickly asses
• -trade union
• -appropriate bargaining unit
• -support
• LBR will make a returning officer within 5 business days to issue a vote by secret ballot, simple yes/no question.
• success requires support of 50% + 1 vote
• LRB conducts a hearing
• -if all is in order, no objections, LRB issues certification order

Question 5

The Certification Order

Answer 5

• LRB certifies the union as the exclusive bargaining agent for the employs in the approved bargaining unit
• compels the employer to commence to bargain with the union for a collective agreement
• Requires the union and employer to bargin collectively in good faith.

Question 6

Steps in Assessing Certification -

Application notification

Answer 6

• the board sends an official notice to the employer by registered Mail along with a similar notice to the employees
• the employer must post the notice of the application for certification in the workplace

Question 7

Steps in Assessing Certification application - Determining support

Answer 7

-requires an employer to provide the board with a list of employees which the board then compares with the unions list =signatures supporting the application and the list of positions included in the proposed bargaining unit

Question 8

Steps in Assessing Certification application - Verification vote

Answer 8

• this vote is held to determine whether employees wish to be represented by the union Labour relation towards generally attempt to minimize the time between a certification application is filed and when an representation vote is held because the possibility that activities in the workplace during that time will unduly influence employee voting intentions
• the representation vote is a vote held by secret ballot conducted at the workplace by their Labour relations board in most provinces those employees included in the proposed bargaining are eligible to vote

Question 9

Steps in Assessing Certification application - required verification

Answer 9

50% + 1 vote

Question 10

Steps in Assessing Certification application - certification order

Answer 10

• this document legally creates a bargaining relationship between the union and the employer making the union the exclusive bargaining agent for the employees in the bargaining unit and compels the parties to commence bargaining for a collective agreement
• certification also composed the parties to bargain in good faith with essentially means that the parties are expected to bargain honestly and with the intent of leading a collective agreement
• the certification order applies to all employees in the bargaining union including employees hired into jobs in the bargaining unit after the certification order takes in effect
• certified union to be exclusive bargaining agent compels the employer to commence bargaining and

Question 11

Steps in Assessing Certification application - the hearing

Answer 11

• the Labour relations board conducted hearing
• if all is in order no objections that Labour relations board issues certification order
• at any point during the assessment of the application for certification at Labour relations board as the option of holding hearings to collect more evidence relating to the application this option is usually exercised if there are disputes over the content of the application or its surrounding circumstances
• a hearing can also be justified if there are allegations of unfair Labour practices during the organizing campaign
• if there is a dispute between the union and employer over composition of the proposed bargaining unit the Labour relations forward may want to hold a hearing to investigate both parties reasons for their positions