McQuarrie Chapter 6- Establishing Union Recognition

Question 1

Who must be informed when an application for union certification is made?

Answer 1

Employer and employees. Notification should be mailed, and posted in the workplace

Question 2

Who assesses the level of employee support for unionization?

Answer 2

The labour relations board

Question 3

What is the representation vote?

Answer 3

When the level of support is above the minimum threshold, a vote is taken.

SECRET BALLOT method used.

50% +1 voters must be in favour to proceed

Question 4

What does a Certification Order do?

Answer 4

• Legally creates bargaining relationship
• Makes the union the EXCLUSIVE bargaining agent for the employees
• Compels the parties to commence bargaining for a COLLECTIVE AGREEMENT and to bargain in GOOD FAITH

Question 5

WHat happens if the vote is unsuccessfull?

Answer 5

Time limit on how soon an attempt to reorganize a union can form

Question 6

When may Hearings occur?

Answer 6

When there is a dispute regarding the content of a union application

Question 7

What might the outcome of a Hearing be?

Answer 7

• Rejecting the application
• Altering the bargaining unit
• Ordering a representation vote

Question 8

What is a “Raid”?

Answer 8

Attempt of a union to certify workers represented by another union

Question 9

Are Raids illegal?

Answer 9

No legislation explicitly forbids raiding

Question 10

What might the Labour Relations Board do during a raid?

Answer 10

Conduct a representation vote to ensure workers wish to change their representation

Question 11

What do workers do when a union ceases to exist or they do not want to be represented, or if the employer goes out of business?

Answer 11

file for decertification

Question 12

What is successorship?

Answer 12

When a unionized company is taken over by another. The determination of which union represents who Will they merge?

Question 13

What is an unfair labour practice?

Answer 13

Action taken by employer OR union to influence the decision made by employee. “anyone who attends the union meeting will be docked 500$ pay”

or a union organizing a meeting in a prohibited time or location.

Complete monitoring is impossible so these things happen and have an effect on organizing campaigns even though theyre not allowed.

Question 14

What are some guidelines for union and employer behaviour enshrined in legislation?

Answer 14

• EMployers cannot interfere in formation, selection, admin of union
• Employer is free to express views against union(no threats, coercion, intimidation etc)
• If employees are fired during union formation, the dismissal must be justified

Question 15

What is the principle applied to a case of a dismissal being in question?

Answer 15

Reverse Onus. Employer must prove innocence of bad behaviour

Question 16

Can a ULP (unfair labour practice) be punished even if not intentional?

Answer 16

Yes, because even if not intended on an employers part, their actions can affect union organization outcomes

Question 17

Who hears about ULP’s occurrence?

Answer 17

Labour Relations Board

Question 18

What is the labour relations board?

Answer 18

A government body. Composed of ful time dedicated workers. Hears and organizes cases of ULP and greivance analysis

Question 19

What is the standard of proof in all cases before a labour relations board?

Answer 19

Balance of probabilities

As opposed to Without A Reasonable Doubt!

Question 20

What do labour board solutions attempt to do?

Answer 20

“Make Whole the situation”
That is, attempt to reverse any damage done by the ULP’s or grievance

Example: Allow union to organize
-Reinstate employees fired or disciplined
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