McQuarrie Chapter 6- Establishing Union Recognition Flashcards
Who must be informed when an application for union certification is made?
Employer and employees. Notification should be mailed, and posted in the workplace
Who assesses the level of employee support for unionization?
The labour relations board
What is the representation vote?
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
What does a Certification Order do?
- 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
WHat happens if the vote is unsuccessfull?
Time limit on how soon an attempt to reorganize a union can form
When may Hearings occur?
When there is a dispute regarding the content of a union application
What might the outcome of a Hearing be?
- Rejecting the application
- Altering the bargaining unit
- Ordering a representation vote
What is a “Raid”?
Attempt of a union to certify workers represented by another union
Are Raids illegal?
No legislation explicitly forbids raiding
What might the Labour Relations Board do during a raid?
Conduct a representation vote to ensure workers wish to change their representation
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?
file for decertification
What is successorship?
When a unionized company is taken over by another. The determination of which union represents who Will they merge?
What is an unfair labour practice?
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.
What are some guidelines for union and employer behaviour enshrined in legislation?
- 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
What is the principle applied to a case of a dismissal being in question?
Reverse Onus. Employer must prove innocence of bad behaviour
Can a ULP (unfair labour practice) be punished even if not intentional?
Yes, because even if not intended on an employers part, their actions can affect union organization outcomes
Who hears about ULP’s occurrence?
Labour Relations Board
What is the labour relations board?
A government body. Composed of ful time dedicated workers. Hears and organizes cases of ULP and greivance analysis
What is the standard of proof in all cases before a labour relations board?
Balance of probabilities
As opposed to Without A Reasonable Doubt!
What do labour board solutions attempt to do?
“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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