Questions and Answers
The certification process for a union requires proof of support from a minimum number of employees.
True
Unfair labor practices are allowed during the collective bargaining process.
False
A collective agreement acts as a legally enforceable contract between employers and employees.
True
The Labour Relations Board is responsible for mediating all disputes between employers and unions.
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The process of decertification is nearly identical to the certification process.
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Strike and lockout activities are regulated by specific rules established under the Wagner model.
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Employees have a right to join or form a union under the Wagner Act model.
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Collective bargaining only occurs after a union has been certified.
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Certain workers in Alberta have a flat prohibition on striking or locking out due to their job roles.
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British Columbia has a flat prohibition against strikes and lockouts for all workers.
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Workers' rights were guaranteed by the Charter of Rights and Freedoms before the courts began using freedom of association.
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Freedom of expression is one of the most relevant Charter rights for unions.
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The UFCW v KMart case emphasized the insignificant role of unions in workers' lives.
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Binding arbitration is a mechanism some workers can negotiate in the context of strikes and lockouts.
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Some workers do not have the ability to strike but still maintain the right to binding arbitration.
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Leafleting activities are protected under the freedom of expression related to unions.
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Both parties in the grievance process share in the costs before reaching arbitration.
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A strike can occur without any voting procedure among the unionized workers involved.
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Only employers are allowed to lock out workers without any voting requirements.
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Picketing on public land is allowed as long as it remains peaceful.
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Essential services are allowed to strike, as they are not subject to any restrictions.
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A majority of votes in a secret ballot is necessary to initiate strike action.
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Strikers are permitted to enter private land during a strike.
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The grievance process directly leads to arbitration without any steps in between.
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Study Notes
Grievance/Arbitration Process
- Defined in collective agreements with multiple grievance steps before arbitration is pursued as a last resort.
- Costs for arbitration are shared between both parties involved.
Strikes and Lockouts
- Strike rights are exclusive to unionized workers and require a vote.
- Employers have distinct rights to lock out workers; a vote is not mandatory unless they are part of an employer’s association.
Strike Vote Procedures
- Regulated closely, resembling electoral processes with a secret ballot required.
- A majority vote (over 50%) must support the strike before action can proceed.
- Timing of the strike must also be specified.
Actions Allowed and Not Allowed by Strikers
- Allowed: Withdrawal of services, public communication (e.g., leafleting), peaceful picketing on public land, striking only at the worksite (in AB).
- Not allowed: Entering private land, adversely affecting the public or property owners, assaulting individuals with signs, contacting customers.
Essential Services
- Designated essential services cannot strike or face lockouts; interruption would endanger public safety or rule of law.
- Essential services agreements can be negotiated, allowing for binding arbitration in some cases.
- Alberta has a flat prohibition against strikes/lockouts for specific workers like firefighters and public service.
- British Columbia leads the process through the Labour Relations Board (LRB) without flat prohibitions.
Unions and the Charter of Rights and Freedoms
- Prior to the Charter, worker rights stemmed from legislation rather than guarantees.
- The Charter now provides protections, including freedoms of expression and association crucial for union activities.
Relevant Legal Cases
- Dolphin Delivery (1986): Examined picketing and the legal protections of union activities.
- RWDSU v. Pepsi-Cola (2001): Emphasized the significance of unions and their activities.
- Alberta v. UFCW (2013): Highlighted the essential role of unions in workers' lives.
- UFCW v. KMart (1999): Addressed the legality of leafleting and its benign nature regarding expression.
History and Premises
- Provincial authority to regulate labor was established in 1925.
- The Wagner Act model, initiated from 1943, serves as the foundation for modern labor law.
Components of Wagner Model
- Grants employees the right to form or join unions and mandates employers to bargain in good faith.
- Defines the process for union certification, outlines collective agreements as enforceable contracts, and establishes rules for strike and lockout activities.
Establishing a Union
- Consists of three phases: organizing employees, union certification, and collective bargaining for the first agreement.
Certification Process
- Union organizers must demonstrate a minimum support level before applying to the LRB for certification.
- The LRB assesses whether the bargaining unit is appropriate and confirms employee numbers.
- A secret ballot representation vote is ordered, with results determining certification legitimacy.
Decertification
- The process mirrors certification, leading to the loss of bargaining rights for the union.
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Description
This quiz covers the grievance and arbitration process as outlined in collective agreements, focusing on the steps before arbitration and the rights of unionized workers regarding strikes. It also highlights the regulations regarding strike votes and employer lockouts. Test your understanding of these important labor relations concepts.
