98 Questions
What is the right protected by S.2 (d) of the Canadian Charter and S.3 of the Quebec Charter?
Right to associate
Which right is meaningless without the right to bargain collectively?
Right to form a union
What is the duty of the employer in the collective bargaining process?
Consider the representations of unions in good faith
What right does every employee have according to CQLR C-27 Art. 3?
Right to belong to the association of their choosing
What does the exclusivity granted to unions under the Wagner model impose?
Obligation to accept all employees as members
What is constitutionally protected in the collective bargaining process?
Procedural right to collectively bargain
What is the right protected by S.2 (d) of the Canadian Charter and S.3 of the Quebec Charter?
Right to associate
Which of the following is true about labor union laws in Canada?
Employees cannot be forced to join a union as a condition of employment.
What is a prohibited practice under the Criminal Code in relation to labor unions?
Refusing to employ someone for union membership/activities.
Under what circumstances can the Tribunal dissolve an association?
If proven that they participated in prohibited practices.
What remedies are available for employees who have been sanctioned for union activity?
Reinstatement and compensation for lost salary.
What is a prohibited practice under CQLR C-27 in relation to labor unions?
Using intimidation or threats to induce or prevent union membership.
What are the exceptions to prohibited practices for employers?
Correcting facts or propaganda issued by the union and exercising freedom of expression.
Under what circumstances may the Tribunal presume a sanction was imposed for exercising a legal right?
If specific criteria are met.
What are the remedies for violations of labor union laws in Canada?
Reinstatement, retroactive salary, and financial consequences ordered remedied.
What is the main right protected by S.2 (d) of the Canadian Charter and S.3 of the Quebec Charter?
Right to associate
What is the duty of the employer in the collective bargaining process?
To negotiate in good faith
What is the exclusive right granted to unions under the Wagner model?
Right to negotiate w/ the employer
What right does every employee have according to CQLR C-27 Art. 3?
Right to belong to the association of their choosing
What is the main collective right protected by the Freedom of association?
Right to form a union
What is the individual right protected by the Canadian Charter and the Quebec Charter?
Right to pursue common constitutional rights
What is the main duty of the employer in relation to unions?
Obligation to accept all employees as members
What does the exclusivity granted to unions under the Wagner model impose?
Obligation to represent members
What is the main right of every employee according to CQLR C-27 Art. 3?
Right to belong to the association of their choosing
What is constitutionally protected in the collective bargaining process?
Process of meaningful consideration and discussion
What is the main individual right protected by the Canadian Charter and the Quebec Charter?
Right to pursue common constitutional rights
What is the main collective right protected by the Freedom of association?
Right to form a union
What is the main right protected by S.2 (d) of the Canadian Charter and S.3 of the Quebec Charter?
Right to associate
What is the exclusive right granted to unions under the Wagner model?
Monopoly to negotiate w/ the employer
What is the individual right of association according to CQLR C-27 Art. 3?
Right to belong to the association of their choosing
What is constitutionally protected in the collective bargaining process?
The duty to bargain in good faith
What is the main collective right protected by the Freedom of association?
Right to form a union
What is the duty of the employer in the collective bargaining process?
Duty to negotiate in good faith
What is a prohibited practice under CQLR C-27 in relation to labor unions?
Refusing to accept all employees as members
What is the right protected by S.2 (d) of the Canadian Charter and S.3 of the Quebec Charter?
Right to pursue common constitutional rights
What is the main collective right protected by the Freedom of association?
Right to form a union
What is the individual right protected by the Canadian Charter and the Quebec Charter?
Right to belong to the association of their choosing
What is the main duty of the employer in relation to union activities according to Quebec Labor Union Laws?
Correcting union propaganda
Under what circumstances can the Tribunal dissolve an association according to Quebec Labor Union Laws?
For participating in prohibited practices
What is the individual civil remedy for employees who have been sanctioned for exercising a legal right under the Quebec Labor Code?
Claiming reinstatement and compensation for lost salary
What are the exceptions for employers under Quebec Labor Union Laws?
Correcting union propaganda
What is the prohibited action under Art. 425 (a) of the Criminal Code in relation to labor unions according to Quebec Labor Union Laws?
Dismissing or refusing to employ someone for union membership
What is the recourse for employees who have been sanctioned for exercising a legal right under the Quebec Labor Code?
Claiming reinstatement, retroactive salary and benefits
What is the duty of employers regarding the financing, formation, organization, and management of unions according to Quebec Labor Union Laws?
Ensuring unions are financed, formed, organized, and managed without interference
What is the main collective right protected by the Freedom of association according to Quebec Labor Union Laws?
Ensuring unions are financed, formed, organized, and managed without interference
What is the main right of every employee according to CQLR C-27 Art. 3 according to Quebec Labor Union Laws?
Ensuring unions are financed, formed, organized, and managed without interference
What is the individual civil remedy for employees who have been sanctioned for exercising a legal right under the Quebec Labor Code?
Claiming reinstatement, retroactive salary and benefits
What is the maximum fine an employer may face for violations of labor union laws in Quebec?
$1000 per day of infraction
Under what circumstances can the Tribunal dissolve an association?
If the association engages in prohibited practices
What is the main individual civil remedy for employees in case of violations?
Claiming reinstatement and compensation for lost salary
What does Art. 425 (a) of the Criminal Code prohibit?
Using intimidation to influence union membership
What is the burden of proof for employees in case of being sanctioned for exercising a legal right?
The burden of proof is on the employee
What are the exceptions for employers under labor union laws in Quebec?
Correcting union propaganda
What is the duty of the employer in relation to unions?
To finance, form, and organize unions
What is the individual right protected by the Quebec Labor Code?
The right to refuse union membership
What is a prohibited practice under CQLR C-27 in relation to labor unions?
Using intimidation to influence union membership
What are the remedies available for employees who have been sanctioned for union activity?
Claiming reinstatement and compensation for lost salary
What is the exclusive right granted to unions under labor union laws in Quebec?
The right to finance, form, and organize unions
What is constitutionally protected in the collective bargaining process?
The right to bargain collectively
What are the specific requirements for an association to be recognized as a legal person by the QLC?
It must be controlled exclusively by its own members
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?
It must represent the absolute majority of employees in the bargaining unit
What is the minimum number of employees required to be members of a union under Quebec labor union laws?
There is no minimum number required
Under Quebec labor union laws, what is the requirement for an employer to be eligible for a petition for certification?
The employer must be an existing enterprise
Under which act are most associations constituted and benefit from separate legal personality?
Professional Syndicate Act
What is one of the criteria for an appropriate bargaining unit (BU) according to the text?
Nature and functions of employees within the BU
When can a secret ballot vote be required for a bargaining unit (BU) according to the text?
If there is more than one association petitioning for the BU
What is the basis for measuring employee preference for the proposed bargaining unit (BU) according to the text?
Support for the proposed BU by the majority of employees
When can the Labour Relations Board (LRO) grant certification in disputed cases for a bargaining unit (BU) according to the text?
If there is a dispute on the inclusion of some employees but majority representation is met without them
What is the basis for conducting a secret ballot vote for a bargaining unit (BU) according to the text?
If membership in the association comprises 35% - 50% of the employees in the BU
Under what circumstances can the Administrative Labour Tribunal (ALT) modify the bargaining unit (BU) according to the text?
On its own initiative or at the request of a union, employees, or employer
What is the assessment basis for membership in a bargaining unit (BU) according to the text?
Number of employees who have signed an application for membership and paid union dues
What is the geographical criterion for an appropriate bargaining unit (BU) according to the text?
Whether the distance between establishments is a hindrance to a single BU
Who is eligible to submit a petition for certification?
Employees' association
What must the petition for certification include?
Resolution of the association authorizing the petition
What happens if an association's petition for certification is rejected or withdrawn?
They must wait 3 months before presenting a new petition
Who is exclusively responsible for evaluating the representative character of the association?
Labour Relations Officer
What must the employer do once a petition for certification is filed?
Send a copy of the petition to the union representatives
What is the admissibility criteria that employers can protest against?
Representative character of the association
What is a requirement for an association to be certified as representative of the majority of employees in the bargaining unit?
Adopting a constitution and electing union leadership
What is the geographical criterion for an appropriate bargaining unit (BU)?
The area where the employees perform their duties
Under what act are most associations constituted and benefit from separate legal personality?
Professional Syndicate Act
What is the main duty of the employer in the collective bargaining process?
To negotiate in good faith with the union
What is the assessment basis for membership in a bargaining unit (BU)?
Employee preference for the proposed BU
What is the exclusive right granted to unions under the Wagner model?
Right to collective bargaining
Who is eligible to submit a petition for certification?
Only employees' association excluding management and independent contractors
What is the waiting period for an association to present a new petition if their previous petition was rejected or withdrawn?
3 months
Who is exclusively responsible for evaluating the representative character of the association?
Labour Relations Officer
What must the employer do once a petition for certification is filed?
Post the petition in a conspicuous place for at least 5 consecutive days
When can a subsequent petition be considered inadmissible?
If the previous petition was dismissed
What is the basis for measuring employee preference for the proposed bargaining unit?
Employee community of interest
What is the main consideration for determining the appropriateness of a bargaining unit (BU) based on employee preference?
The level of support for the proposed BU by the employees
Under what circumstances can a secret ballot vote be required for a bargaining unit (BU)?
If membership in the association comprises 35% - 50% of the employees in the BU
What is the basis for conducting a secret ballot vote for a bargaining unit (BU)?
The percentage of employees in the BU who are members of the association
Under what circumstances may the Administrative Labour Tribunal (ALT) modify the bargaining unit (BU)?
On its own initiative or at the request of a union, employees, or employer
What is the main duty of the Labour Relations Board (LRO) in relation to granting certification for a bargaining unit (BU)?
To grant certification in undisputed cases and in cases where there is a dispute on the BU
What is the assessment basis for membership in a bargaining unit (BU) according to the text?
The number of employees from the appropriate BU who have personally paid union dues for a specific amount
What is the geographical criterion for an appropriate bargaining unit (BU) according to the text?
The size of the territory over which several establishments are spread
What is the main consideration for determining the appropriateness of a bargaining unit (BU) based on common interest?
Nature and functions of employees and their interrelationships
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.
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.
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