Labour Relations in Canada Quiz

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.