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Questions and Answers
What is the right protected by S.2 (d) of the Canadian Charter and S.3 of the Quebec Charter?
What is the right protected by S.2 (d) of the Canadian Charter and S.3 of the Quebec Charter?
Which right is meaningless without the right to bargain collectively?
Which right is meaningless without the right to bargain collectively?
What is the duty of the employer in the collective bargaining process?
What is the duty of the employer in the collective bargaining process?
What right does every employee have according to CQLR C-27 Art. 3?
What right does every employee have according to CQLR C-27 Art. 3?
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What does the exclusivity granted to unions under the Wagner model impose?
What does the exclusivity granted to unions under the Wagner model impose?
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What is constitutionally protected in the collective bargaining process?
What is constitutionally protected in the collective bargaining process?
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What is the right protected by S.2 (d) of the Canadian Charter and S.3 of the Quebec Charter?
What is the right protected by S.2 (d) of the Canadian Charter and S.3 of the Quebec Charter?
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Which of the following is true about labor union laws in Canada?
Which of the following is true about labor union laws in Canada?
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What is a prohibited practice under the Criminal Code in relation to labor unions?
What is a prohibited practice under the Criminal Code in relation to labor unions?
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Under what circumstances can the Tribunal dissolve an association?
Under what circumstances can the Tribunal dissolve an association?
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What remedies are available for employees who have been sanctioned for union activity?
What remedies are available for employees who have been sanctioned for union activity?
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What is a prohibited practice under CQLR C-27 in relation to labor unions?
What is a prohibited practice under CQLR C-27 in relation to labor unions?
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What are the exceptions to prohibited practices for employers?
What are the exceptions to prohibited practices for employers?
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Under what circumstances may the Tribunal presume a sanction was imposed for exercising a legal right?
Under what circumstances may the Tribunal presume a sanction was imposed for exercising a legal right?
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What are the remedies for violations of labor union laws in Canada?
What are the remedies for violations of labor union laws in Canada?
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What is the main right protected by S.2 (d) of the Canadian Charter and S.3 of the Quebec Charter?
What is the main right protected by S.2 (d) of the Canadian Charter and S.3 of the Quebec Charter?
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What is the duty of the employer in the collective bargaining process?
What is the duty of the employer in the collective bargaining process?
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What is the exclusive right granted to unions under the Wagner model?
What is the exclusive right granted to unions under the Wagner model?
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What right does every employee have according to CQLR C-27 Art. 3?
What right does every employee have according to CQLR C-27 Art. 3?
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What is the main collective right protected by the Freedom of association?
What is the main collective right protected by the Freedom of association?
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What is the individual right protected by the Canadian Charter and the Quebec Charter?
What is the individual right protected by the Canadian Charter and the Quebec Charter?
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What is the main duty of the employer in relation to unions?
What is the main duty of the employer in relation to unions?
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What does the exclusivity granted to unions under the Wagner model impose?
What does the exclusivity granted to unions under the Wagner model impose?
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What is the main right of every employee according to CQLR C-27 Art. 3?
What is the main right of every employee according to CQLR C-27 Art. 3?
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What is constitutionally protected in the collective bargaining process?
What is constitutionally protected in the collective bargaining process?
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What is the main individual right protected by the Canadian Charter and the Quebec Charter?
What is the main individual right protected by the Canadian Charter and the Quebec Charter?
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What is the main collective right protected by the Freedom of association?
What is the main collective right protected by the Freedom of association?
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What is the main right protected by S.2 (d) of the Canadian Charter and S.3 of the Quebec Charter?
What is the main right protected by S.2 (d) of the Canadian Charter and S.3 of the Quebec Charter?
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What is the exclusive right granted to unions under the Wagner model?
What is the exclusive right granted to unions under the Wagner model?
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What is the individual right of association according to CQLR C-27 Art. 3?
What is the individual right of association according to CQLR C-27 Art. 3?
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What is constitutionally protected in the collective bargaining process?
What is constitutionally protected in the collective bargaining process?
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What is the main collective right protected by the Freedom of association?
What is the main collective right protected by the Freedom of association?
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What is the duty of the employer in the collective bargaining process?
What is the duty of the employer in the collective bargaining process?
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What is a prohibited practice under CQLR C-27 in relation to labor unions?
What is a prohibited practice under CQLR C-27 in relation to labor unions?
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What is the right protected by S.2 (d) of the Canadian Charter and S.3 of the Quebec Charter?
What is the right protected by S.2 (d) of the Canadian Charter and S.3 of the Quebec Charter?
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What is the main collective right protected by the Freedom of association?
What is the main collective right protected by the Freedom of association?
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What is the individual right protected by the Canadian Charter and the Quebec Charter?
What is the individual right protected by the Canadian Charter and the Quebec Charter?
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What is the main duty of the employer in relation to union activities according to Quebec Labor Union Laws?
What is the main duty of the employer in relation to union activities according to Quebec Labor Union Laws?
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Under what circumstances can the Tribunal dissolve an association according to Quebec Labor Union Laws?
Under what circumstances can the Tribunal dissolve an association according to Quebec Labor Union Laws?
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What is the individual civil remedy for employees who have been sanctioned for exercising a legal right under the Quebec Labor Code?
What is the individual civil remedy for employees who have been sanctioned for exercising a legal right under the Quebec Labor Code?
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What are the exceptions for employers under Quebec Labor Union Laws?
What are the exceptions for employers under Quebec Labor Union Laws?
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What is the prohibited action under Art. 425 (a) of the Criminal Code in relation to labor unions according to Quebec Labor Union Laws?
What is the prohibited action under Art. 425 (a) of the Criminal Code in relation to labor unions according to Quebec Labor Union Laws?
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What is the recourse for employees who have been sanctioned for exercising a legal right under the Quebec Labor Code?
What is the recourse for employees who have been sanctioned for exercising a legal right under the Quebec Labor Code?
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What is the duty of employers regarding the financing, formation, organization, and management of unions according to Quebec Labor Union Laws?
What is the duty of employers regarding the financing, formation, organization, and management of unions according to Quebec Labor Union Laws?
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What is the main collective right protected by the Freedom of association according to Quebec Labor Union Laws?
What is the main collective right protected by the Freedom of association according to Quebec Labor Union Laws?
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What is the main right of every employee according to CQLR C-27 Art. 3 according to Quebec Labor Union Laws?
What is the main right of every employee according to CQLR C-27 Art. 3 according to Quebec Labor Union Laws?
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What is the individual civil remedy for employees who have been sanctioned for exercising a legal right under the Quebec Labor Code?
What is the individual civil remedy for employees who have been sanctioned for exercising a legal right under the Quebec Labor Code?
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What is the maximum fine an employer may face for violations of labor union laws in Quebec?
What is the maximum fine an employer may face for violations of labor union laws in Quebec?
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Under what circumstances can the Tribunal dissolve an association?
Under what circumstances can the Tribunal dissolve an association?
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What is the main individual civil remedy for employees in case of violations?
What is the main individual civil remedy for employees in case of violations?
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What does Art. 425 (a) of the Criminal Code prohibit?
What does Art. 425 (a) of the Criminal Code prohibit?
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What is the burden of proof for employees in case of being sanctioned for exercising a legal right?
What is the burden of proof for employees in case of being sanctioned for exercising a legal right?
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What are the exceptions for employers under labor union laws in Quebec?
What are the exceptions for employers under labor union laws in Quebec?
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What is the duty of the employer in relation to unions?
What is the duty of the employer in relation to unions?
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What is the individual right protected by the Quebec Labor Code?
What is the individual right protected by the Quebec Labor Code?
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What is a prohibited practice under CQLR C-27 in relation to labor unions?
What is a prohibited practice under CQLR C-27 in relation to labor unions?
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What are the remedies available for employees who have been sanctioned for union activity?
What are the remedies available for employees who have been sanctioned for union activity?
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What is the exclusive right granted to unions under labor union laws in Quebec?
What is the exclusive right granted to unions under labor union laws in Quebec?
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What is constitutionally protected in the collective bargaining process?
What is constitutionally protected in the collective bargaining process?
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What are the specific requirements for an association to be recognized as a legal person by the QLC?
What are the specific requirements for an association to be recognized as a legal person by the QLC?
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Under Quebec labor union laws, what is the requirement for an association to be certified as representative of the majority of employees in the bargaining unit?
Under Quebec labor union laws, what is the requirement for an association to be certified as representative of the majority of employees in the bargaining unit?
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What is the minimum number of employees required to be members of a union under Quebec labor union laws?
What is the minimum number of employees required to be members of a union under Quebec labor union laws?
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Under Quebec labor union laws, what is the requirement for an employer to be eligible for a petition for certification?
Under Quebec labor union laws, what is the requirement for an employer to be eligible for a petition for certification?
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Under which act are most associations constituted and benefit from separate legal personality?
Under which act are most associations constituted and benefit from separate legal personality?
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What is one of the criteria for an appropriate bargaining unit (BU) according to the text?
What is one of the criteria for an appropriate bargaining unit (BU) according to the text?
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When can a secret ballot vote be required for a bargaining unit (BU) according to the text?
When can a secret ballot vote be required for a bargaining unit (BU) according to the text?
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What is the basis for measuring employee preference for the proposed bargaining unit (BU) according to the text?
What is the basis for measuring employee preference for the proposed bargaining unit (BU) according to the text?
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When can the Labour Relations Board (LRO) grant certification in disputed cases for a bargaining unit (BU) according to the text?
When can the Labour Relations Board (LRO) grant certification in disputed cases for a bargaining unit (BU) according to the text?
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What is the basis for conducting a secret ballot vote for a bargaining unit (BU) according to the text?
What is the basis for conducting a secret ballot vote for a bargaining unit (BU) according to the text?
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Under what circumstances can the Administrative Labour Tribunal (ALT) modify the bargaining unit (BU) according to the text?
Under what circumstances can the Administrative Labour Tribunal (ALT) modify the bargaining unit (BU) according to the text?
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What is the assessment basis for membership in a bargaining unit (BU) according to the text?
What is the assessment basis for membership in a bargaining unit (BU) according to the text?
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What is the geographical criterion for an appropriate bargaining unit (BU) according to the text?
What is the geographical criterion for an appropriate bargaining unit (BU) according to the text?
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Who is eligible to submit a petition for certification?
Who is eligible to submit a petition for certification?
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What must the petition for certification include?
What must the petition for certification include?
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What happens if an association's petition for certification is rejected or withdrawn?
What happens if an association's petition for certification is rejected or withdrawn?
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Who is exclusively responsible for evaluating the representative character of the association?
Who is exclusively responsible for evaluating the representative character of the association?
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What must the employer do once a petition for certification is filed?
What must the employer do once a petition for certification is filed?
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What is the admissibility criteria that employers can protest against?
What is the admissibility criteria that employers can protest against?
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What is a requirement for an association to be certified as representative of the majority of employees in the bargaining unit?
What is a requirement for an association to be certified as representative of the majority of employees in the bargaining unit?
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What is the geographical criterion for an appropriate bargaining unit (BU)?
What is the geographical criterion for an appropriate bargaining unit (BU)?
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Under what act are most associations constituted and benefit from separate legal personality?
Under what act are most associations constituted and benefit from separate legal personality?
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What is the main duty of the employer in the collective bargaining process?
What is the main duty of the employer in the collective bargaining process?
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What is the assessment basis for membership in a bargaining unit (BU)?
What is the assessment basis for membership in a bargaining unit (BU)?
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What is the exclusive right granted to unions under the Wagner model?
What is the exclusive right granted to unions under the Wagner model?
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Who is eligible to submit a petition for certification?
Who is eligible to submit a petition for certification?
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What is the waiting period for an association to present a new petition if their previous petition was rejected or withdrawn?
What is the waiting period for an association to present a new petition if their previous petition was rejected or withdrawn?
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Who is exclusively responsible for evaluating the representative character of the association?
Who is exclusively responsible for evaluating the representative character of the association?
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What must the employer do once a petition for certification is filed?
What must the employer do once a petition for certification is filed?
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When can a subsequent petition be considered inadmissible?
When can a subsequent petition be considered inadmissible?
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What is the basis for measuring employee preference for the proposed bargaining unit?
What is the basis for measuring employee preference for the proposed bargaining unit?
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What is the main consideration for determining the appropriateness of a bargaining unit (BU) based on employee preference?
What is the main consideration for determining the appropriateness of a bargaining unit (BU) based on employee preference?
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Under what circumstances can a secret ballot vote be required for a bargaining unit (BU)?
Under what circumstances can a secret ballot vote be required for a bargaining unit (BU)?
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What is the basis for conducting a secret ballot vote for a bargaining unit (BU)?
What is the basis for conducting a secret ballot vote for a bargaining unit (BU)?
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Under what circumstances may the Administrative Labour Tribunal (ALT) modify the bargaining unit (BU)?
Under what circumstances may the Administrative Labour Tribunal (ALT) modify the bargaining unit (BU)?
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What is the main duty of the Labour Relations Board (LRO) in relation to granting certification for a bargaining unit (BU)?
What is the main duty of the Labour Relations Board (LRO) in relation to granting certification for a bargaining unit (BU)?
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What is the assessment basis for membership in a bargaining unit (BU) according to the text?
What is the assessment basis for membership in a bargaining unit (BU) according to the text?
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What is the geographical criterion for an appropriate bargaining unit (BU) according to the text?
What is the geographical criterion for an appropriate bargaining unit (BU) according to the text?
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What is the main consideration for determining the appropriateness of a bargaining unit (BU) based on common interest?
What is the main consideration for determining the appropriateness of a bargaining unit (BU) based on common interest?
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Study Notes
Labor Union Laws in Canada
- Employees cannot be forced to join a union as a condition of employment.
- Employees can be forced to pay union dues even if they are not members of the union.
- Construction workers must be members of a union for certification/qualification purposes.
- Prohibited practices under the Criminal Code include dismissing or refusing to employ someone for union membership/activities.
- Prohibited practices under CQLR C-27 include using intimidation or threats to induce or prevent union membership.
- Employers cannot refuse to hire, dismiss, or impose sanctions to prevent union activities.
- The Tribunal may dissolve an association if proven that they participated in prohibited practices.
- Exceptions include an employer correcting facts or propaganda issued by the union and exercising freedom of expression.
- Employees who have been sanctioned for union activity can claim reinstatement and compensation for lost salary.
- The Tribunal may presume the sanction was imposed for exercising a legal right if specific criteria are met.
- Individual civil recourse does not erase the employee’s right to file a grievance (arbitration).
- Remedies for violations include reinstatement, retroactive salary, and financial consequences ordered remedied.
Labor Union Laws in Quebec
- Employees cannot be compelled to join a union as a condition of employment or for union protection.
- Union dues can be mandatory for non-union members.
- Construction workers must be union members to certify and control qualifications.
- Prohibited actions under Art. 425 (a) of the Criminal Code include dismissing or refusing to employ someone for union membership, intimidating or threatening sanctions, and conspiring with another employer to take such actions.
- Prohibitions under CQLR C-27 include using intimidation or threats to influence union membership and making changes to working conditions as reprisal for unionization.
- Employers cannot prevent employees from engaging in union activities, and the Tribunal may dissolve an association for participating in prohibited practices.
- Exceptions for employers include correcting union propaganda, expressing opinions without threats or promises, and closing a business permanently if employees want to unionize.
- Individual civil remedies for employees include claiming reinstatement and compensation for lost salary, with complaints needing to be filed within 30 days.
- Employees must prove being sanctioned for exercising a legal right under the Quebec Labor Code, and the burden of proof shifts to the employer to justify the sanction.
- Civil recourse does not negate the right to file a grievance, and the alt may conclude that the sanction was not union-related, leading to arbitration.
- Remedies for employees include reinstatement, retroactive salary and benefits, cancellation of reprisals, financial consequences remedy, and interest and indemnity.
- Unions must be financed, formed, organized, and managed without employer interference, with violations leading to penal sanctions, including fines ranging from $100 to $1000 per day of infraction.
Union Petition Filing and Evaluation Process
- A business that has not yet begun operations can have a petition filed as long as the necessary majority that will eventually be part of the enterprise is included.
- A petition can only be submitted by an employees’ association, excluding management and independent contractors.
- Once a petition is filed and pending, any subsequent petition is inadmissible, regardless of subsequent dismissal.
- An association whose petition is rejected or withdrawn must wait 3 months before presenting a new petition, with specific exceptions.
- Different locals of a larger union can be considered different associations.
- Petition deadlines vary based on the association's representation status and collective agreement status.
- The petition must identify the group of employees subject to the petition, the employer and address of the targeted establishment, the specific establishments represented, and the entities which make up the employer.
- The petition must be authorized by a resolution of the association, not by an individual or group of employees.
- The employer must post the petition in a conspicuous place and keep it posted for at least 5 consecutive days, and send a copy of the list to the petitioning association.
- The petition for certification is exclusively examined by a Labour Relations Officer and is largely an administrative process.
- Only the association and the employees themselves are involved in evaluating the representative character of the association, including holding a secret ballot.
- Employers can protest the admissibility of the petition based on specific criteria but cannot access membership applications or other evidence of representative character.
Union Petition Filing and Evaluation Process
- A business that has not yet begun operations can have a petition filed as long as the necessary majority that will eventually be part of the enterprise is included.
- A petition can only be submitted by an employees’ association, excluding management and independent contractors.
- Once a petition is filed and pending, any subsequent petition is inadmissible, regardless of subsequent dismissal.
- An association whose petition is rejected or withdrawn must wait 3 months before presenting a new petition, with specific exceptions.
- Different locals of a larger union can be considered different associations.
- Petition deadlines vary based on the association's representation status and collective agreement status.
- The petition must identify the group of employees subject to the petition, the employer and address of the targeted establishment, the specific establishments represented, and the entities which make up the employer.
- The petition must be authorized by a resolution of the association, not by an individual or group of employees.
- The employer must post the petition in a conspicuous place and keep it posted for at least 5 consecutive days, and send a copy of the list to the petitioning association.
- The petition for certification is exclusively examined by a Labour Relations Officer and is largely an administrative process.
- Only the association and the employees themselves are involved in evaluating the representative character of the association, including holding a secret ballot.
- Employers can protest the admissibility of the petition based on specific criteria but cannot access membership applications or other evidence of representative character.
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Test your knowledge of labor union laws in Canada with this quiz. Learn about employees' rights, prohibited practices, and remedies for violations under Canadian labor union laws.