Canada's Unionization Model
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Questions and Answers

Which action would most likely be considered an unfair labor practice related to interference and domination?

  • Limiting organizing activities on private property.
  • Expressing views on unions and collective bargaining to employees.
  • Barring union organizing activities during working hours.
  • Refusing to provide a list of employees to the union to hinder its functioning. (correct)

An employer consistently holds mandatory meetings during work hours where they express negative opinions about the union and its potential impact on the company. Under what condition would this likely be considered an unfair labor practice?

  • If the employer's statements are objectively interpreted as intimidating by a reasonable person. (correct)
  • If the employer provides factual information about union dues and fees.
  • If the employer allows union representatives equal time to present their views.
  • If the meetings are held on company property during working hours.

An employee is fired shortly after the employer learns about their involvement in union activities. What legal principle could be used to argue this was an unfair labor practice?

  • Freedom of speech.
  • Retaliation can be inferred. (correct)
  • Right to limit organizing on private property.
  • Employer expression rights.

After a successful union drive, an employer begins directly negotiating with individual employees, offering them benefits in exchange for not joining the union. Which type of unfair labor practice does this exemplify?

<p>Interference and domination. (A)</p> Signup and view all the answers

Following an unfair labour practice, a labour board determines that an employee was unjustly terminated for union activities. Besides reinstating the employee, what additional remedy might the labour board impose to rectify the situation?

<p>Ordering the company to establish a union office within the workplace. (D)</p> Signup and view all the answers

In Canada's unionization model, what is the primary difference between union certification and voluntary recognition?

<p>Union certification is issued by the government, while voluntary recognition is granted by the employer. (C)</p> Signup and view all the answers

What is the main implication of the 'majoritarianism' feature in Canada's unionization model?

<p>It requires a majority of employees to support unionization for a union to be certified. (B)</p> Signup and view all the answers

How does the 'exclusivity' feature of Canada's unionization model impact employee representation?

<p>It makes the certified union the sole legal representative of all employees in the bargaining unit. (C)</p> Signup and view all the answers

During a union organizing campaign, what is the purpose of an 'issues program' generated by the organizing committee?

<p>To identify and address key concerns of employees to build support for unionization. (D)</p> Signup and view all the answers

What role do 'inside organizers' typically play during a union organizing campaign?

<p>They are employees within the workplace who actively promote and support unionization. (C)</p> Signup and view all the answers

After an application for certification is filed, what is the role of the Labour Relations Board?

<p>To investigate and rule on various issues related to the application, ensuring it complies with labor laws. (B)</p> Signup and view all the answers

When the Labour Relations Board assesses an application for certification, what does reviewing 'trade union status' involve?

<p>Confirming that the entity applying is indeed a legitimate trade union. (C)</p> Signup and view all the answers

Why is it important for the Labour Relations Board to address jurisdictional issues in an application for certification?

<p>To confirm that the bargaining unit is filing under the correct federal or provincial labor law. (A)</p> Signup and view all the answers

In a non-union setting, what generally dictates the timeliness of a union application for certification?

<p>There are no specific time limits, except after an unsuccessful drive a statutory bar may apply. (D)</p> Signup and view all the answers

What is the 'golden fraction' used for in the context of union certification?

<p>Defining the ratio: number who want a union / number eligible to decide. (A)</p> Signup and view all the answers

Which factor primarily determines the appropriateness of a bargaining unit?

<p>Community of interest among the employees. (A)</p> Signup and view all the answers

Why might the status of 'dependent contractors' be relevant in union certification?

<p>Their eligibility for union membership is subject to interpretation and legal challenges. (D)</p> Signup and view all the answers

Under a card-check system, what generally occurs once a certain threshold of union support is reached?

<p>Certification is approved after the threshold is reached. (D)</p> Signup and view all the answers

How does a 'mandatory certification vote' differ from a 'card-check' system in the union organizing process?

<p>A mandatory certification vote involves a two-step process, including a threshold of card-signing followed by a secret ballot vote. (D)</p> Signup and view all the answers

What is the primary definition of an unfair labour practice?

<p>An action undertaken by either the union or the employer that violates relevant labour legislation. (C)</p> Signup and view all the answers

Which of the following is most likely to be considered an unfair labor practice by an employer?

<p>Implementing a company-wide policy that prohibits employees from discussing their salaries with one another. (D)</p> Signup and view all the answers

Flashcards

Intimidation and coercion prohibition

Punishing employees for supporting or joining a union is prohibited, especially through economic threats.

Interference and domination prohibition

Employers cannot establish company unions or impede independent unions.

Employer expression rights

Employers can bar union activities during work, limit organizing on private property, and express views on unions.

Objective test for intimidation

Labour boards use an objective test - what would a reasonable person think - to assess if speech crosses the line between opinion and prohibited intimidation.

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Labour board remedies

Labour boards can reinstate employees, provide remedial certification, or mandate other remedies like pro-union communications.

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Union Certification

A government-issued license granting a union the right to represent employees in a bargaining unit.

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Voluntary Recognition

An employer voluntarily recognizes a union as the representative of its employees without a formal certification process.

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Majoritarianism

All-or-nothing model requiring majority support for unionization within a bargaining unit.

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Exclusivity

The union becomes the only legal representative for all employees in the bargaining unit, regardless of individual preferences.

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Initial Union Contact

Workers and union representatives meet to discuss the benefits of unions and the basics of organizing.

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Organizing Committee

A group of employees who actively promote and coordinate union activities within their workplace.

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Issues Program

A list of key issues and concerns developed by the organizing committee to address employee needs and grievances.

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Salting

The act of union representatives or members gaining employment at a non-unionized workplace for the purpose of organizing the employees.

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Canadian LRB Role

The Labour Relations Board (LRB) addresses certification issues in Canada's union organizing model.

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Certification Application Timeliness

In non-union settings, there's generally no time limit to apply for union certification, unless a previous attempt recently failed.

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Employer Status

The LRB must determine which entity is the true employer for certification purposes (e.g., lead employer vs temp agency).

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Appropriateness of Bargaining Unit

The LRB defines the appropriate group of employees who will be represented by the union.

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Community of Interest

A common test used to define the bargaining unit based on shared interests (job duties, pay, working conditions).

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Employee Status

The LRB determines if workers are employees or dependent contractors, which affects their right to unionize.

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Card-Check Certification

One path to union certification where approval is granted once a certain percentage of employees sign union cards.

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Mandatory Certification Vote

A two-step process: a vote is triggered (35-45% card signed) then a secret ballot requiring a majority.

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Study Notes

  • Canada's Unionization Model

Two Paths to Bargaining Unit Recognition

  • Union certification: A government-issued license that entitles a union to represent employees.
  • Voluntary recognition: Occurs when an employer voluntarily recognizes a union without a formal certification process.

Features of Canada's Unionization Model

  • Majoritarianism: An all-or-nothing model of freedom of association that requires majority support for unionization.
  • Exclusivity: The union becomes the exclusive legal representative for all employees in the bargaining unit.

Organizing Campaigns

  • Involves contact between workers and a union, starting with initial contact and leading to deeper meetings.
  • The organizing campaign commences where the primary goal is to try and get signed membership cards.
  • Usually involves an organizing committee that generates an issues program.
  • Inside organizers are fundamental to this process.
  • The next step is to file an application for certification.

Union Organizing Campaigns

  • An application for certification is received by the labour relations board.
  • The labour board addresses various issues in determining the application.
  • The Ontario Labour Relations Board is an independent tribunal that encourages harmonious relations between employers, employees, and trade unions.

Certification Issues Addressed by Labour Relations Board

  • Jurisdictional issues: Determines if the bargaining unit is filing under the correct federal or provincial law.
  • Trade union status: Verifies if the applicant is a legitimate trade union and not a company union.

Certification Issues Addressed by Labour Relations Board

  • Applications must be filed in a timely manner.
  • There is no limit in non-union settings, except for statutory bar after an unsuccessful drive.
  • There are limits in unionized settings where open periods occur three months before the termination of a three-year term, plus three months for each additional year.
  • Employer status considerations include lead versus temporary agencies.

Certification Issues Addressed by Labour Relations Board

  • Appropriateness of bargaining unit involves defining the "Golden fraction". It defines the number of employees who want a union, vs the number of employees that are eligible to decide.
  • A common test looks at the community of interest, and problems of related employers such as temporary agencies.
  • Undue fragmentation considers factors such as a single store vs multiple franchise stores.
  • Assesses employee status
  • Looks at whether those are dependent contractors.
  • Considers managerial and confidential employee exclusions.

Certification Issues Addressed by Labour Relations Board

  • Union support involves two paths to certification

Two Paths to Certification

  • Card-check: Certification is approved after a threshold is reached (over 50-60%) available federally in New Brunswick, Prince Edward Island, Quebec, and British Columbia.
  • Mandatory Certification Vote: Once a threshold of card-signing is reached (35-45%), a government initiates a secret ballot for the employees.

Unfair Labour Practices

  • Defined as actions by either a union or employer that violate labour legislation.
  • Restrictions on unfair labour practices are a fundamental pillar of labour legislation from the 1940s/50s.
  • Most employers resist unionization in some form.
  • Some employers, such as H&M, remain explicitly neutral.

Categories of Employer Conduct Constituting Unfair Labour Practices

  • Intimidation is prohibited and coercion occurs when employees are punished for supporting or joining an employee association.
  • This usually involves economic threats.
  • Linked to anti-union sentiment.
  • Retaliation can be inferred.
  • Interference and domination include the prohibition of attempting to install company unions or other alternatives to an independent union.
  • Attempting to prevent a union from functioning is prohibited. This includes refusing to provide a list of employees, bargaining directly with employees, refusing to collect union dues, or screening out pro-union employees in hiring processes.
  • Non-motive unfair labour practices are still illegal.

Employer Expression Rights

  • Employers have the right to bar union organizing activities during working hours
  • Also, to limit organizing on private property
  • Can express their views on unions and collective bargaining, for example, captive audience meetings.
  • But employers need to be aware of the fine line between intimidation and expressing opinions. Labour boards assess these situations using an objective test. This involves the hypothetical assessment of what a reasonable person of normal intelligence would think in a similar situation.

Remedies for Unfair Labour Practices

  • Labour boards can introduce remedies which may allow for those affected to return to their role before the violations.
  • Could involve reinstatement of employees, or even interim reinstatement
  • Remedial certification may be pursued.
  • There may be other creative forms of remedies made, for example a union office in the company, pro-union videos etc.

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Unionization in Canada: Organizing, Labour Practices - Slideshow PDF

Description

Canada's unionization model features two paths to bargaining unit recognition: union certification and voluntary recognition. The model is characterized by majoritarianism, requiring majority support for unionization, and exclusivity, where the union is the exclusive legal representative for all employees. Organizing campaigns involve contact between workers and a union, starting with initial contact and leading to deeper meetings.

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