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Questions and Answers
What percentage of employees in the proposed bargaining unit must be union members in good standing for a union to certify without a representation vote?
What percentage of employees in the proposed bargaining unit must be union members in good standing for a union to certify without a representation vote?
In Alberta, what does the union decide regarding ratification votes?
In Alberta, what does the union decide regarding ratification votes?
What is the union density percentage in Canada since the late 1990s?
What is the union density percentage in Canada since the late 1990s?
What is the union coverage rate in Alberta?
What is the union coverage rate in Alberta?
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What type of vote must ratification votes and strike votes adhere to in British Columbia?
What type of vote must ratification votes and strike votes adhere to in British Columbia?
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Which sector in Canada has the highest unionization rate?
Which sector in Canada has the highest unionization rate?
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What condition must be met for employees in a union shop?
What condition must be met for employees in a union shop?
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What is the role of the Labour Relations Board (LRB) in the certification phase?
What is the role of the Labour Relations Board (LRB) in the certification phase?
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What is the union coverage rate in British Columbia?
What is the union coverage rate in British Columbia?
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During which phase does collective bargaining take place?
During which phase does collective bargaining take place?
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What happens if a union fails to achieve an agreement during the collective bargaining phase?
What happens if a union fails to achieve an agreement during the collective bargaining phase?
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Which aspect is the responsibility of the LRB?
Which aspect is the responsibility of the LRB?
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What defines a bargaining unit in the context of union negotiations?
What defines a bargaining unit in the context of union negotiations?
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What does the LRB NOT typically make decisions about?
What does the LRB NOT typically make decisions about?
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Which of the following statements about the LRB is true?
Which of the following statements about the LRB is true?
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What could lead to the decertification of a union?
What could lead to the decertification of a union?
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What is the minimum percentage of membership required in BC for the Labour Relations Board to certify a union directly?
What is the minimum percentage of membership required in BC for the Labour Relations Board to certify a union directly?
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What action does the Labour Relations Board take if a union demonstrates at least 45 percent but less than 55 percent membership in BC?
What action does the Labour Relations Board take if a union demonstrates at least 45 percent but less than 55 percent membership in BC?
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In Alberta, what is the minimum percentage of membership required for the Labour Relations Board to mandate a secret ballot vote?
In Alberta, what is the minimum percentage of membership required for the Labour Relations Board to mandate a secret ballot vote?
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What is the timeframe for conducting a secret ballot representation vote in Alberta after the union demonstrates a valid bargaining unit?
What is the timeframe for conducting a secret ballot representation vote in Alberta after the union demonstrates a valid bargaining unit?
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What happens if a majority of employees participating in the secret ballot vote in Alberta vote in favor of the union?
What happens if a majority of employees participating in the secret ballot vote in Alberta vote in favor of the union?
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What can lead to a situation where the employer recognizes the union without requiring a secret ballot vote?
What can lead to a situation where the employer recognizes the union without requiring a secret ballot vote?
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What method does the Labour Relations Board usually use to confirm the number of employees in a bargaining unit?
What method does the Labour Relations Board usually use to confirm the number of employees in a bargaining unit?
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What is the requirement for proof of membership in a union in Alberta for it to be considered valid?
What is the requirement for proof of membership in a union in Alberta for it to be considered valid?
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What is a requirement for starting collective bargaining when a collective agreement is already in place in Alberta?
What is a requirement for starting collective bargaining when a collective agreement is already in place in Alberta?
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What happens if a party does not meet the collective bargaining notice requirements in Alberta?
What happens if a party does not meet the collective bargaining notice requirements in Alberta?
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What role did the employee's involvement in union organizing play in the decision to terminate his employment?
What role did the employee's involvement in union organizing play in the decision to terminate his employment?
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Which clause in collective bargaining would not be enforceable?
Which clause in collective bargaining would not be enforceable?
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What did the LRB find regarding the timing and purpose of the discussion with the second employee?
What did the LRB find regarding the timing and purpose of the discussion with the second employee?
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What must be included in the bargaining process according to the collective agreements?
What must be included in the bargaining process according to the collective agreements?
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How did the LRB view the evidence regarding the psychological effect of dismissals on remaining employees?
How did the LRB view the evidence regarding the psychological effect of dismissals on remaining employees?
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In British Columbia, when can a party give notice to bargain before the expiry of a collective agreement?
In British Columbia, when can a party give notice to bargain before the expiry of a collective agreement?
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What could be the consequence of transferring an operation to another city under a collective agreement?
What could be the consequence of transferring an operation to another city under a collective agreement?
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What did the LRB comment about the new section 14(4.1) of the Code?
What did the LRB comment about the new section 14(4.1) of the Code?
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What was the initial state of the Union organizing campaign mentioned in the case?
What was the initial state of the Union organizing campaign mentioned in the case?
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What does the bargaining process require from both parties?
What does the bargaining process require from both parties?
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How many inside organizers had the Union successfully recruited before the dismissals?
How many inside organizers had the Union successfully recruited before the dismissals?
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What is a key factor influencing the validity of a collective bargaining clause?
What is a key factor influencing the validity of a collective bargaining clause?
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What did the LRB conclude regarding the employer's concerns about the first employee’s performance?
What did the LRB conclude regarding the employer's concerns about the first employee’s performance?
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Which case did the LRB reference when discussing the interpretation of remedial certification provisions?
Which case did the LRB reference when discussing the interpretation of remedial certification provisions?
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What action is permitted for an employer in relation to employee discipline?
What action is permitted for an employer in relation to employee discipline?
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Which of the following constitutes an improper communication by an employer?
Which of the following constitutes an improper communication by an employer?
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What are employers restricted to stating when communicating with employees?
What are employers restricted to stating when communicating with employees?
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Which issue was raised by the union regarding the employer's actions during the certification campaign?
Which issue was raised by the union regarding the employer's actions during the certification campaign?
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What is one potential consequence of deferring changes to employee compensation during a union certification campaign?
What is one potential consequence of deferring changes to employee compensation during a union certification campaign?
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What does section 9 of the BC Code prohibit?
What does section 9 of the BC Code prohibit?
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Which section of the BC Code was referenced regarding the employer's duties in communication?
Which section of the BC Code was referenced regarding the employer's duties in communication?
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What action did the employer take concerning wage increases during the union certification campaign?
What action did the employer take concerning wage increases during the union certification campaign?
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Before the Industrial Revolution, the labour movement helped establish the right of workers to organize into unions.
Before the Industrial Revolution, the labour movement helped establish the right of workers to organize into unions.
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The establishment of implied terms is a recent development in contracts of employment.
The establishment of implied terms is a recent development in contracts of employment.
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Collective agreements must be in place for employers with legally unionized workforces to operate.
Collective agreements must be in place for employers with legally unionized workforces to operate.
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Legislative and common law protections for workers emerged as a response to the needs of employers.
Legislative and common law protections for workers emerged as a response to the needs of employers.
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The ability of unions to negotiate better employment terms began in the 20th century.
The ability of unions to negotiate better employment terms began in the 20th century.
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Workers in a non-unionized workforce enjoy the same level of employment security as those in a unionized workforce.
Workers in a non-unionized workforce enjoy the same level of employment security as those in a unionized workforce.
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Resistance from courts and legislatures was an initial challenge to the labor movement.
Resistance from courts and legislatures was an initial challenge to the labor movement.
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The history of collective bargaining law in Canada started with minimal support from the Government.
The history of collective bargaining law in Canada started with minimal support from the Government.
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The Labour Relations Board (LRB) typically decides on the content of collective agreements.
The Labour Relations Board (LRB) typically decides on the content of collective agreements.
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A bargaining unit refers to the group of employees for which the union negotiates a collective agreement.
A bargaining unit refers to the group of employees for which the union negotiates a collective agreement.
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Collective bargaining occurs only after a union has been certified.
Collective bargaining occurs only after a union has been certified.
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Unions are not allowed to negotiate collective agreements during the organizing phase.
Unions are not allowed to negotiate collective agreements during the organizing phase.
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The Labour Relations Board (LRB) oversees the bargaining phase.
The Labour Relations Board (LRB) oversees the bargaining phase.
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The certification phase is typically the longest phase in the unionization process.
The certification phase is typically the longest phase in the unionization process.
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The LRB acts as a tribunal to hear disputes related to unfair labour practices.
The LRB acts as a tribunal to hear disputes related to unfair labour practices.
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Decertification of a union can occur if there is a failure to achieve an agreement during collective bargaining.
Decertification of a union can occur if there is a failure to achieve an agreement during collective bargaining.
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Alberta allows employers to hire replacement workers during a union strike.
Alberta allows employers to hire replacement workers during a union strike.
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The process for decertifying a union is different from the process for certifying a union.
The process for decertifying a union is different from the process for certifying a union.
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If another business acquires a unionized employer, the new owner must adhere to the existing collective agreement.
If another business acquires a unionized employer, the new owner must adhere to the existing collective agreement.
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Raiding the bargaining unit is unrestricted for other unions once a union is certified.
Raiding the bargaining unit is unrestricted for other unions once a union is certified.
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A union can lose its bargaining rights if the union decides to cease operations.
A union can lose its bargaining rights if the union decides to cease operations.
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The Labour Relations Board can order the decertification of a union due to a violation of the BC Code.
The Labour Relations Board can order the decertification of a union due to a violation of the BC Code.
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Merger of two companies always results in the termination of union status of the employees.
Merger of two companies always results in the termination of union status of the employees.
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Highly skilled workers are easier to replace during labor disputes according to Alberta laws.
Highly skilled workers are easier to replace during labor disputes according to Alberta laws.
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A person must be a member of the union to work in a closed shop.
A person must be a member of the union to work in a closed shop.
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In an open shop, union membership and payment of dues are mandatory.
In an open shop, union membership and payment of dues are mandatory.
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The Rand formula shop requires employees to pay union dues to a charitable organization instead of being union members.
The Rand formula shop requires employees to pay union dues to a charitable organization instead of being union members.
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All unions in Canada operate on a closed shop model.
All unions in Canada operate on a closed shop model.
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Union shops require employees to join the union after a probationary period.
Union shops require employees to join the union after a probationary period.
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Closed shop unions are more common than union shops in Canada.
Closed shop unions are more common than union shops in Canada.
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Employers in a Rand formula shop have the discretion to hire any employees without union affiliation.
Employers in a Rand formula shop have the discretion to hire any employees without union affiliation.
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In a union shop, hiring is conditional upon joining the union before employment starts.
In a union shop, hiring is conditional upon joining the union before employment starts.
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Section 8 prohibits communication to employees regarding the employer’s business.
Section 8 prohibits communication to employees regarding the employer’s business.
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The employer's communications included urging employees to consider their relationship with the union.
The employer's communications included urging employees to consider their relationship with the union.
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Section 9 provides protections against employee coercion and intimidation related to union membership.
Section 9 provides protections against employee coercion and intimidation related to union membership.
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The more members a union has, the less money it receives from union dues.
The more members a union has, the less money it receives from union dues.
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The employer provided factual information only in its communications to employees.
The employer provided factual information only in its communications to employees.
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A collective agreement bar in BC allows other unions to apply for certification at any time after the agreement is signed.
A collective agreement bar in BC allows other unions to apply for certification at any time after the agreement is signed.
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In Alberta, a union can seek certification only if there is no collective agreement in place during the last two months of an existing agreement.
In Alberta, a union can seek certification only if there is no collective agreement in place during the last two months of an existing agreement.
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Once a collective agreement is executed, a strike can be called at any point during the agreement's duration.
Once a collective agreement is executed, a strike can be called at any point during the agreement's duration.
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In British Columbia, union raids are allowed to occur during the months of January and February, regardless of the agreement's status.
In British Columbia, union raids are allowed to occur during the months of January and February, regardless of the agreement's status.
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The open period for applying for certification in BC occurs in the seventh and eighth month of the last year of a collective agreement lasting longer than three years.
The open period for applying for certification in BC occurs in the seventh and eighth month of the last year of a collective agreement lasting longer than three years.
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An unfair labour practice claim can arise during any phase of union organization and collective bargaining.
An unfair labour practice claim can arise during any phase of union organization and collective bargaining.
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In BC, after a raid application is dismissed, another union must wait for a period of 12 months before applying again.
In BC, after a raid application is dismissed, another union must wait for a period of 12 months before applying again.
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The peace obligation in collective agreements allows employers to lock out employees at any point during the agreement's term.
The peace obligation in collective agreements allows employers to lock out employees at any point during the agreement's term.
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Study Notes
Unionized Workplaces
- Canada's unionized and non-unionized workplaces differ significantly
- Labour law in Canada has evolved over time, with recent developments influenced by the Charter.
- Union certification and decertification procedures exist.
- Exclusivity in labour relations is key in Canada
- Unfair labour practices by both unions and employers can be problematic.
- Typical collective agreements detail various aspects of employment.
- Grievance processes exist, along with arbitration types (grievance and interest arbitration).
- Strikes and lockouts are regulated by legislation and common law.
- Charter cases concerning union membership, collective bargaining, and strikes significantly impacted labour law.
Introduction
- Individual employment contracts are governed by law in Canada, usually without union involvement.
- Employers and employees have an imbalanced power dynamic, requiring legal protections or implicit terms within contracts.
- Common law and legislation ensure reasonable terms are applied to employment.
- Labour laws in BC and Alberta follow similar principles but may vary in specific details.
- Collective bargaining, established earlier, aimed to provide a more balanced power dynamic between employers and workers.
History and Premises of Labour Law
- Modern Canadian labour law emerged after WW2.
- Early labour law in Canada and England showed hostility to unions.
- Later, there was acceptance of the right to unionize, culminating in protections for unions.
- Three fundamental features of Canadian labour law include employee rights to unionize, exclusive union bargaining, and the right to strike in support of bargaining demands.
- The Wagner Act influenced Canadian labour law.
Phases of Establishing a Union
- Organizing phase: Employees or union representatives discuss unionization, culminating in certification application
- Certification phase: Union applies for certification. The Labour Relations Board (LRB) decides if the union should be certified.
- Collective bargaining phase: Occurs between the LRB's certification decision and an agreement.
Terminology and Types of Unions
- Labour Relations Board (LRB): Government agency that applies and interprets labour relations codes.
- Bargaining unit: Group of employees represented by a union for collective bargaining.
- Union member: Person in a union.
- Union density/coverage: Percentage of workers who are unionized.
- Union security: Collective agreement provision requiring membership or dues.
- Union shop: A workplace where all employees must join a union within a specific timeframe.
- Closed shop: A workplace where union membership is required before employment.
- Open shop: A workplace where union membership is optional, and dues are optional.
- Rand formula shop: An open shop where employees pay dues but are not union members.
There are three types of votes that employees have the right to participate in even if they are not union members:
- A representation vote
- A ratification vote
- A strike vote
Phases of Establishing a Union
- Organizing: Employees begin discussions about unionizing.
- Certification: Union applies to the LRB to be certified, and the LRB decides if the union should be certified as the bargaining agent for the unit.
- Collective bargaining: An agreement is negotiated between the union and the employer.
Certification Process
- A certain proportion of bargaining unit employees must express support for or join the union.
- The union applies for certification to the Labour Relations Board(LRB)
- The LRB determines if the proposed bargaining unit is appropriate; this involves various factors, such as shared industry, skills, and duties
- The LRB confirms a sufficient number of employees have joined the union; for example, more than 45% in BC, and 40% in Alberta.
- Some provinces have a card check certification, where certification happens by majority representation without a formal vote.
- Some certifications are a result of an unfair labor practice by the employer.
- Alberta and BC procedures for certification differ in some elements, particularly around strike votes and the appropriate bargaining unit definition.
Remedial Certifications in British Columbia
- In some instances, an LRB may issue remedial certification if an employer has committed unfair labor practices to impede unionization.
- The factors in determining a remedial certification action include the severity of the unfair labor practices, and the possible effect such actions had on organizing efforts.
Effect of Certification
- Certification transfers employer bargaining power from individual employees to the union.
- Employers may be barred from hiring replacement workers.
Collective Bargaining
- There are procedures for collective bargaining, which is the process of negotiating a collective agreement between employers and unions.
- Bargaining ends either with a signed agreement, a strike, or a lockout.
- Collective agreements outline terms and conditions (e.g., salaries and benefits) that apply to all employees in the bargaining unit, even if they are not in the union.
- Collective agreements can involve many clauses covering various aspects of the employment relationship.
- An Alberta or BC code may impose a "peace obligation" clause within collective agreements, preventing strikes or lockouts during the terms of the agreement.
- Unfair labour practices or bad faith bargaining violate terms of collective agreements.
- Both codes offer mechanisms for conflict resolution through dispute procedures, such as grievance and arbitration, to address disagreements during the lifespan of a contract.
Unfair Labour Practices
- Unfair labor practices include employer conduct obstructing unionization.
- Employers can't alter terms of employment during certification or negotiating periods without just cause.
- Unions are also forbidden from committing specific unfair labor practices, such as coercing employees or interfering with employer operations where an agreement exists.
Grievance Arbitration Process
- The grievance process involves a series of steps to address disagreements.
- The process can escalate to arbitration, where a neutral arbitrator decides on the dispute.
Strikes and Lockouts
- Strikes and lockouts are legal forms of pressure for resolving disagreements during contract negotiations.
- These measures may involve temporary disruptions to operations.
- The legality of strikes and lockouts depends on whether the specific conditions during that instance have been met.
- Alberta and BC Codes contain specific rules and regulations regarding strikes and lockouts.
- Certain workers identified as performing essential services cannot engage in strike actions.
Certification Required
- Both Alberta and BC codes require the completion of certain procedures before a strike can occur
- Strikes and lockouts may be barred as part of a collective bargaining agreement or a peace obligation clause
- There are procedures for a strike vote and a last offer vote from both employers and unions.
Duty to Bargain in Good Faith
- Collective bargaining must be done in good faith
- "Surface bargaining" and other non-genuine efforts to resist reaching an agreement are prohibited
- Employers should bargain in good faith with a union.
- Disputes, not resolved through negotiation, can be referred to mediators or to a Disputes Inquiry Board in Alberta.
Essential Services
- Governments may identify essential services that must continue to operate during a strike.
- Essential service workers are often prohibited from striking.
- These measures are set out in each province's labour code.
Union and Freedom of Association
- Freedom of association is a significant aspect of labour rights in Canada, with case law significantly expanding the protections of unionized workers.
- There are considerations regarding employer rights and responsibilities.
- Specific laws regarding freedom of association and its application during bargaining and disputes varies by jurisdiction.
Emerging Issues in Unionized Workplaces
- The COVID-19 pandemic created new challenges in the workplace, especially related to health and safety measures, remote work, and vaccination policies.
- Unions and employees faced difficult decisions amidst health crises, with significant impact on workplace well-being.
- The pandemic led to a shift toward more flexible work arrangements in numerous workplaces, including some unionized companies.
What Cargill Workers Want
- Cargill workers, in Alberta, are negotiating a new collective agreement after a significant COVID-19 outbreak affected the plant and its employees.
- Worker concerns centre on wages, benefits, and resolving concerns from the pandemic.
Key Terms
- Multiple key terms related to unions and labour law are defined and explained.
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Description
Test your knowledge on key aspects of labour relations in Canada, including union certification, bargaining units, and voting processes. This quiz covers important topics such as union density, coverage rates, and the role of the Labour Relations Board in collective bargaining. Perfect for students and professionals alike.
