Unfair Labour Practices + Right to Organize (9)

Question 1

unfair labour practice

Answer 1

action violates one or more articles in the relevant LR legislations

Question 2

economic threat

Answer 2

comment or action that signals that economic harm (job loss, loss of work related benefits) will result unless a specific course of conduct is taken

Question 3

anti union animus

Answer 3

acting with an intention to defeat or undermine the exercise of lawful activities by a union or union supporters

Question 4

independent union

Answer 4

union independent from the control of employer

Question 5

company union

Answer 5

employee association w assistance of employer that is not independent of control
(union avoidance strategy)

Question 6

purposive approach to statutory interpretation

Answer 6

approach guided by the purpose of the provision

Question 7

non motive unfair labour practice

Answer 7

type of unfair labour practice that does not require the presence of anti-union animus

Question 8

objective test

Answer 8

legal test used in interpretation of contracts and statutes

“what would a reasonable person of normal intelligence think, if told about the circumstances?”

Question 9

interim reinstatement

Answer 9

order by labour board that employer reinstates terminated employee pending the outcome of litigation that will determine if the employer was within its legal rights to terminate the employee

Question 10

remedial certification

Answer 10

order by LR board certifying a union that may not have established that is has majority support as a remedy for seriously unlawful acts by the employer

Question 11

efficient breach

Answer 11

deliberate violation of a contract or gov statute

more economically efficient to violate than comply with it

Question 12

intimidation / coercion prohibition

Answer 12

1. economic threats

2. anti-union animus and reverse onus

Question 13

interference / domination prohibition

Answer 13

1. screening employees
2. company union
3. negotiating directly with employees

Question 14

how to determine if employer actions unlawful?

Answer 14

• piece together evidence
• balance business purpose with protected activity
• objective test
• purposive approach to statutory interpretation

Question 15

Remedies for unfair labour practices (employee)

Answer 15

interim reinstatement order
hire employees at another store
pay employee relocation expense

Question 16

remedies for unfair labour practices (union)

Answer 16

goal is to return union to the position it would have been in had it not been for employer’s action

Question 17

non smoking guns

Answer 17

• employer does not advertise their anti union activities
• rarely clear evidence
• suspicious timing and circumstances
• reverse onus: BC, Ont, Manitoba
• dismissal
• assume the employer has anti-union animus

Question 18

scope of employer free speech rights

Answer 18

law permits employer to campaign against unionization if they do not engage in threats, coercion, intimidation, undue influence