Legal Environment Flashcards
What does the Ontario Labour Relations Board do?
Certifies unions, rules on unfair labour practices, and declares illegal strikes or lockouts.
What does union certification do?
Defines the bargaining unit and applies unfair labour practices.
What is the bargaining unit?
The group of employees in an organization eligible to be represented by a union. They must have a common interest, and can’t be management or HR (conflict of interest, confidentiality). One organization can have multiple units.
What is the process for union certification in Ontario?
1) Workers sign membership cards that authorize representation. 2) If at least 40% of the workplace signs then the Labour Board holds a vote. 3) If the majority of voters vote yes then the union is certified as a bargaining agent. There is no cost.
What are unfair labour practices?
Violations of the Labour Relations Act, an attempt to intimidate/coerce/show favouritism to employees to do something, violations of the CA.
What is the Duty of Fair Representation?
The union must represent all its members equally without discrimination.
What is labour peace?
It’s illegal to strike during the term of the collective agreement.
What is good faith bargaining?
Both sides make an honest attempt to reach an agreement.
What are examples of bad faith bargaining?
Cancellation of bargaining sessions,
Delays/Extended periods of unavailability for bargaining,
Imposing conditions on bargaining,
Refusal to provide information,
Refusal to meet and unreasonable meeting sites,
Surface bargaining,
By-passing the union/direct dealing,
Withdrawal of accepted offers,
Refusal to sign a written agreement.
What are the roles of government in collective bargaining.
Dispute resolution (arbitration), Industrial Inquiry Commission, Last Offer Votes must be given to union before a strike.
What is the Ontario legislation on replacement workers?
Professional strike breakers are illegal and federally it is illegal to undermine the union.
What are the fundamental freedoms in the Charter?
Conscience and religion.
Thought, belief, opinion, expression.
Peaceful assembly.
Association.
What is the difference between employment standards and employment rights?
Standards are legislated minimums. Rights build upon minimums through collective bargaining.
