381 Exam Prep (1) PDF

Why is the Canadian model called the Wagner model? Origins: Based on the U.S. Wagner Act (1935), which introduced the legal framework for collective bargaining. Core Features: ○ Protects workers' rights to unionize. ○ Introduces mandatory good-faith bargaining....

Why is the Canadian model called the Wagner model? Origins: Based on the U.S. Wagner Act (1935), which introduced the legal framework for collective bargaining. Core Features: ○ Protects workers' rights to unionize. ○ Introduces mandatory good-faith bargaining. ○ Establishes a mechanism for resolving disputes (e.g., arbitration). ○ Relies on majoritarianism: a union is the exclusive representative if it wins majority support. Legal Institutions of the Collective Bargaining Regime Key Institutions: ○ Labour Relations Boards (LRBs): Oversee union certification, unfair labour practices, and dispute resolution. ○ Courts: Handle judicial reviews of LRB decisions and broader legal challenges. ○ Arbitration Boards: Resolve disputes under collective agreements. Common Core of Canadian Labour Legislation 1. Right to Join a Union: Ensures freedom of association; prohibits employer interference. 2. Good-Faith Bargaining: Mandates that employers and unions engage meaningfully to negotiate collective agreements. 3. No Strikes/Lockouts During Agreement: Promotes labour peace during the life of a contract. 4. Prohibition of Unfair Labour Practices: Penalizes actions like employer retaliation or union coercion. 5. Conciliation: Requires mediation or conciliation before legal strikes or lockouts. Alternatives to the Wagner Model Minority Unionism: ○ Allows multiple unions to represent workers within one workplace. ○ Advocates argue it improves representation, but critics fear workplace division. Broader-Based Bargaining: ○ Industry-wide or sectoral bargaining covering multiple employers. ○ Common in some European models; less common in Canada. How Did Canada Come to Adopt This Model? Historical Context: ○ Adoption began during WWII to manage industrial disputes. ○ Post-war reforms entrenched the Wagner model in Canadian labour law. Key Milestones: ○ Wartime Labour Relations Regulations (PC 1003, 1944): Foundation for collective bargaining rights. Legal Regimes 1. Common Law: Traditionally limited collective rights; employer-favoured. 2. Regulatory Regime: Introduces minimum employment standards and labour rights. 3. Collective Bargaining Regime: Provides a framework for union recognition, good-faith bargaining, and dispute resolution. Union Organizing Drives, Certification, and Unfair Labour Practices Union Certification: ○ Two pathways: Card check (automatic recognition) or mandatory vote. ○ Labour boards verify union support. Unfair Labour Practices: ○ Examples: Employer threats, union coercion, or discriminatory actions. ○ Remedies include reinstatement of fired workers and monetary penalties. Union Duty of Fair Representation Definition: Unions must represent all members fairly, without discrimination or bad faith. Scope: ○ Applies during grievances and collective agreement negotiations. ○ Breaches can lead to legal action. Union Decertification and Implications for Workers Process:  ○ Workers can apply to decertify a union via LRBs. ○ Requires demonstration of majority support for decertification. Implications: ○ Loss of collective agreement protections. ○ Reversion to minimum employment standards. Collective Bargaining Process and Collective Agreement Terms Steps in Bargaining: ○ Notice to bargain. ○ Proposal exchange. ○ Mediation or conciliation (if needed). Key Terms in Agreements: ○ Wages, benefits, and job security. ○ Grievance and arbitration procedures. ○ Management rights clauses. Management Rights and KVP Test Management Rights: 1. Residual rights unless limited by the agreement. KVP Test: A standard for assessing employer rules: 1. Consistent with the collective agreement. 2. Reasonable and clear. 3. Non-discriminatory and enforceable. Grievances, Labour Arbitration, and Just Cause Types of Grievances: ○ Individual, group, or policy grievances. Labour Arbitration Process: ○ Steps: Filing → Pre-hearing → Arbitration hearing → Decision. Just Cause: ○ Grounds for disciplinary action; assessed using the William Scott Test: 1. Establish misconduct. 2. Prove disciplinary measure aligns with offence. 3. Consider mitigating factors. Industrial Conflict Strikes and Lockouts: ○ Pre-conditions: Legal strike vote and conciliation efforts. ○ Public sector workers may face restrictions (essential services). Interest Arbitration: ○ Alternative to strikes, especially in public sectors. Debates 1. Card Check vs. Mandatory Vote: ○ Card check: Streamlined process, reduces employer interference. ○ Mandatory vote: Ensures democratic legitimacy. 2. Temporary Replacement Workers: ○ Arguments for: Business continuity. ○ Arguments against: Weakens collective bargaining. 3. Public Sector Workers and Right to Strike: ○ Tensions between labour rights and public safety. 4. Minority Unionism vs. Wagner Model: ○ Challenges exclusivity and majoritarianism. Relevant Chapters from the Textbook Chapter 3: Labour Law Foundations. Chapter 10-14: Organizing, Certification, Bargaining, and Agreement Terms. Chapter 19: Grievances and Arbitration. Chapter 20: Industrial Conflict. Chapter 22-23: Public Sector Issues and Broader Labour Policy. Chapter 10: - The Canadian collective bargaining model began to emerge in the mid-1940s. this model borrowed key Concepts from the 1935 American Wagner Act- including majoritarianism exclusivity and Union certification - The certification of a union marks a transition for employers and employees from the common law regime to the collective bargaining regime. from this point onward employees are no longer permitted to negotiate terms and conditions of employment directly with employees. a new actor the union has entered the scene and our laws  require the employer to recognize and bargain with the Union as the official exclusive representative of employees in the bargaining unit - In the common law regime both the employer and employee are free to walk away from a negotiation if they dislike the terms being offered just as you may walk out of a car dealership if you don't like the price of a car being offered by the salesperson. in the collective bargaining regime there is a legal obligation imposed on the employer and Union to bargain with each other even if one of them would prefer to walk away or ignore the other party all together - Canadian collective bargaining is described as being decentralized because most bargaining takes place at the level of individuals workplaces - the single employer single Union single location bargaining structure is by far the most common collective bargaining structure in Canada - the collective bargaining process is initiated when one party sends the other a notice to bargain - recognition strike: a strike by workers with the aim of pressuring an employee to recognize and bargain with a union on behalf of employees - bargaining structure: a term used to describe the identity and number of parties involved in collective bargaining and the scope of employees covered by that bargaining - notice to bargain: a letter from a union or employer to the other party that formally begins the process of collective bargaining - both the union and the employer select a chief negotiator - we can think of collective bargaining as having three basic stages: - pre-negotiation stage - negotiation stage - settlement stage - Chief negotiator: the lead spokesperson representing a party in negotiations - business representative or staff representative: an employee of a union whose job is to negotiate and administer Collective agreements - Local Union president: a person who leads a subunit of a union known as a local union. a local union may represent a single workplace or a group of workplaces within a defined geographical area or sector. Local Union presidents are usually elected by union members and are or were employees of a unionized employer - monetary issues: subjects and collective bargaining that imposed direct costs on employers such as wages benefits and pensions - non-monetary issues: subjects and a collective bargaining that relate to contract language such as the text of a grievance procedure or management rights clause - ratification( of a Collective Agreement): a vote by unionized employees in favor of accepting a proposed Collective Agreement - bargaining concessions: when a party agrees to accept less than negotiations then they initially proposed - in terms of bargaining strategy both parties will come to the bargaining table with a list of items they hope to obtain through negotiations. those items are identified and compiled during a pre-negotiation stage of collective bargaining - the bottom line position is that Beyond which the party will not move and would accept industrial conflict on interest arbitration rather than concede more at the bargaining table - during the negotiation stage the parties will have meetings and attempt to identify and reach agreement on some matters and they will search for a zone of agreement on more continuous issues - Personalities And agendas can impede settlement - interest arbitration: an arbitration process in which a neutral arbitrator imposes a final Collective Agreement after the parties were unable to reach an agreement in negotiations - the final stage is the settlement stage which requires the bargaining committees to write up the agreed upon Collective Agreement terms and often to take them back to be approved by employees or other stakeholders - types of legal rules regulating collective bargaining: - statutory freeze provisions: the employer cannot change terms of employment without Union consent - duty to bargain: the duty to bargain in good faith and make reasonable efforts to conclude a Collective Agreement - industrial conflict law: rules regulating an impasse strikes and lockouts - the statutory freeze Provisions are intended to maintain the prior pattern of the employment's relationship in its entirety - there are two types of statutory freeze: - the certification freeze: a rule found in collective bargaining legislation that prohibits an employer from altering terms of employment without the Union's consent during the process of an application for certification - the collective bargaining freeze: a real found in collective bargaining legislation that prohibits an employer from altering terms of employment without the Union's consent During the period of collective bargaining - the certification freeze applies from the moment the union serves the application for certification on the employer. it lasts until either one the Labor Relations Board dismisses the Union's application or to the union when certification and then serves the employer with a notice to bargain - the purpose of the collective bargaining freeze is to prevent the employer from using its authority to change working conditions during negotiations and thereby undermine the Union's authority to bargain thus positioning the bargaining climate - the subjective standard: requires labor boards to assess the party's motive- is the party making an honest attempt to reach the Collective Agreement? - the objective standard: compares the party's Behavior to that of others in the industry - the duty to bargain is primarily concerned with the process of collective bargaining and Labor Relations boards have developed rules intended to encourage the parties to engage in irrational and informed discussion about each other's proposals - the duty to meet and be prepared to negotiate - we can think of this first requirement as the don't waste the other party's time rule - If the duty to provide information and respect the Union's role as the employees exclusive representative - An employer must provide the union with the information it requires to perform its job as the legal bargaining representative of the employees. an employer must also not attempt to undermine the Union in the minds of employees - the duty to be honest and to disclose plans that will affect bargaining - the duty to bargain requires honesty therefore if a party is asked a direct question during negotiations that party must answer truthfully - Neither party can propose an illegal term such as one that would violate human rights occupational health and safety or employment standards legislation. collective bargaining legislation in Canada also requires that some terms be included in every Collective Agreement and it is a violation of the duty to bargain for a party to refuse to include such terms - some types of Collective Agreement terms may be proposed and discussed in negotiations but cannot be bargained to impasse. this means that parties who are unable to agree on a particular term must drop the term from their proposals and cannot use the term as the basis for a striker lockout - bargaining to impasse occurs when the proposed term in dispute holds up a settlement - mandatory arbitration clause: a clause in a Collective Agreement that requires all disputes arising under the Collective Agreement to be referred to binding labor arbitration to be solved - A key distinction in collective bargaining laws between lawful hard bargaining and unlawful surface bargaining. a party engages in hard bargaining when it uses its superior bargaining power to insist on a Collective Agreement that is favorable to its own interests - surface bargaining on the other hand is a violation of the duty to bargain in good faith - hard bargaining: a lawful strategy in collective bargaining that involves a party using its Superior bargaining power to insist upon Collective Agreement terms that favor its own interests - surface bargaining:A strategy and collective bargaining that involves a party going through the motions of bargaining but having no intention of ever concluding a collective statement - when a party has engaged in bad faith bargaining the usual remedies to order the party to go back and engage in bargaining and to send a statement to employees advising them of the unlawful conduct - the Wagner model targeted large industrial workplaces factories and Minds were hundreds of employees worked regular full-time hours at the same location - neither the Ontario nor the BC government move forward with reforms to introduce a broader-based bargaining in the service or manufacturing sectors - broader-based bargaining: A term used to describe collective bargaining structures that involve a broader scope than the one Union One employer single location structure that dominates Canadian collective bargaining Chapter 12: - The successful conclusion of collective bargaining is a Collective Agreement - Collective Agreement: a contract between an employer or employer's and a Trade union or trade unions that sets out the conditions of employment for a group of employees - before collective bargaining legislation was enacted in Canada in the midnight 20th century a collective agreement between a union and an employer could not be enforced in the courts because legally speaking it did not exist - however this lack of legal status did not render Collective agreements meaningless in the common law regime - it was not until the mid 1940s that Canadian law developed a statutory collective bargaining model that gave legal Force to Collective agreements - most of the legal rules that courts apply to individual employment contracts do not apply to Collective agreements - governments regulate the content of collective agreements in a variety of ways we will consider three - mandatory terms - default terms - prohibited term - workplace norms: Norms or expectations that arise in a workplace as a result of past practices or relationships that can influence behavior at work even though they are not codified and contracts were statutes - mandatory Collective Agreement terms: - Union recognition clause: describes the bargaining unit that the Collective Agreement covers - no Striker lockout clause: prohibit strikes or in lockouts during the term of the Collective Agreement - mandatory arbitration clause: requires that all disputes arising during the Collective Agreement over the interpretation application or enforcement of the agreement be referred to binding labor arbitration - mandatory Union security ( only in Alberta) clause: requires that the employer deduct union dues from the wages of all bargaining unit employees and remit this amount to the union - mandatory just cause for discipline or dismissal clause( only in BC and Manitoba): requires a clause providing that the employer must have just cause to discipline or terminate the employment contract of bargaining unit employees - mandatory Collective Agreement term: a term required by Statute to be included in every Collective Agreement if no such term is included the statute reads a term into the agreement - Union recognition clause: a clause in a Collective Agreement that defines the scope of the jobs that are covered by the agreement - labor arbitration: a binding dispute resolution process used to resolve disputes involving alleged breaches of collective agreements - Justice Ivan Rand was appointed To resolve the dispute and decide in favor of a clause that required mandatory uninduced check off, since all employees benefit  from the Collective Agreement but not mandatory union membership. that trade-off became known as the Rand formula - union dues check off: a union security Clause whereby all members of a bargaining unit must pay any Jews and employers must check off these dues from workers wages and remit them to the union - just cause provision: a term in a collective agreement between a union and an employer that requires that the employer demonstrate just cause or a good business reason to discipline or dismiss an employee - default contract clause: a term that must be included in a contract including a Collective Agreement unless the Contracting parties agree otherwise - therefore since it is unlawful to strike or lock out during a Collective Agreement all jurisdictions impose a minimum Collective Agreement term of at least one year from the date they agreement commences. the parties can agree to return that is longer than 1 year but if they agree to less than one year or do not include a duration Clause at all the statutes read in a one year term - Collective agreements usually contain much greater written detail than individual employment contracts - first unions employ professional negotiators trained and experienced in the art of negotiating Collective agreements that prioritize employee interest. second unions usually negotiate from the position of Greater bargaining strength and individual employees in the non-union setting. that power derives from the threat of a collective work stoppage or at least Collective non-cooperation - reserved management rates is a principle of Collective Agreement interpretation applied by labor arbitrators. it is not written in a statute. the principal holds that unionized employers generally retain the rates enjoyed by non-union employers to run the Enterprise as they like subject only to statutory and contractual restrictions found in the Collective Agreement - reserved management rights: uninterpretive principle applied in labor arbitration that presumes that unionized employers retain the basic rates to run their business as they redeem fit subject to any statutory or contractual restrictions bargained by the Union. these rights are sometimes called residual management rights - Contracting out: a practice whereby an employer contracts work formally performed by its own employees to a third party business - there are three potential sources of Collective Agreement terms: - expressed contract terms( oral or written) - implied contract terms - ancillary contract terms - some important differences exist between Collective agreements and individual employment contracts that are worth emphasizing. the most obvious difference is that Collective agreements usually include a just cause provision requiring the employer to have a good reason to discipline or dismiss an employee and there is no implied contractual term granting employers the right to dismiss employees simply by providing them with notice as there is in the common law regime. - Another difference is the importance of seniority in the collective bargaining regime - most Canadian Collective agreements include some form of bumping rights that permit senior employees to bump Junior employees if temporary or permanent layoffs take place - seniority: a measure of an employee's length of service with an employer - bumping rights: and entitlement found in the terms of a Collective Agreement that permits a more singular employee to displace a junior employee in the case of a temporary or permanent downsizing of the workforce - Collective agreements to find precisely what wages and benefits employees are to receive and the employer usually has no discretion to fear from those amounts this is another important difference between the collective bargaining and common law regimes - in the common law regime judges sometimes imply terms into contracts when they believe the parties intended the term to be included or the judge believes it makes good policy sense that the term be read into the contract. an implied terms this is just as enforceable as a written contract term - significant implied terms of Collective Agreement: - implied obligational parties to a Collective Agreement to administer the contract honestly and in good faith - implied obligation on employees to avoid negligent work - implied obligation on unions to take prompt action to bring an end to unlawful Wildcat strikes - implied obligation on employers to avoid harassment of employees - implied obligation on employers to exercise managerial discretion in a reasonable manner - implied obligation on employers to not Implement unreasonable rules that the union has not agreed to and the violation of which can lead to employee discipline - therefore unions have frequently argued that arbitrators should imply a general requirement for employers to act reasonably in a unionized workplace - a third source of Collective Agreement terms is the collection of ancillary documents that exist in unionized workplaces that are physically separate from the main Collective Agreement document - whether these documents are legally enforceable depends on whether they have been incorporated into the Collective Agreement or constitute separate contracts - for an ancillary document to be incorporated into a Collective Agreement there must be evidence that the party's clearly intended that result - ancillary document: written materials that are physically separate from an employment contract but that include rules that relate to the employment relationship. examples include employee handbooks benefit handbooks and human resources policy manuals - even if the ancillary document is not expressly incorporated into the Collective Agreement and arbitrator might nevertheless rule that it is inferentially  incorporated based on other evidence demonstrating the parties intended that result - four categories of Collective Agreement language: - an insurance plan or policy exists but not mentioned at all in the Collective Agreement a dispute about the plan is not arbitrable since the insurance plan or policy is not incorporated into the Collective Agreement - The Collective Agreement provides that employees will be paid a specific benefit if certain conditions are met a dispute over the failure to provide the benefit is arbitrable since the employer has promised to provide the benefit the fact that the employer elected to take out insurance does not relieve it of its responsibility to pay the benefit - a Collective Agreement requires only that the employer premiums on an insurance policy a dispute over the denial of the benefit by the insurance company is not arbitrable however dispute over the failure of the employer to pay premiums on a standard insurance policy that provides the benefits negotiated by the union is arbitrable - a specific plan or policy is a corporated by reference into the agreement a dispute is arbitrable since the terms of the plan foreign part of the Collective Agreement Chapter 3: Labour Law Foundations Key Concepts: Labour Law: A legal framework that governs employment relationships, unions, and collective bargaining. Three Legal Regimes: ○ Common Law: Relies on contracts; historically favoured employers. ○ Regulatory Regime: Implements minimum employment standards (e.g., hours, wages). ○ Collective Bargaining Regime: Protects union rights, enabling collective agreements. Freedom of Association: A constitutional right allowing workers to unionize and collectively bargain. Vocabulary: Industrial Pluralism: The idea that collective bargaining balances power between employers and workers. Residual Management Rights: Employer rights retained unless explicitly limited by law or agreement. Exclusive Representation: The principle that a certified union represents all workers in a bargaining unit. Chapter 11: Certification and the Bargaining Unit Key Concepts: Union Certification: The legal process by which a union becomes the exclusive bargaining agent. Bargaining Unit: A defined group of employees represented by a union. Certification Process: ○ Filing an application with the Labour Relations Board (LRB). ○ Proving sufficient worker support (e.g., card check or mandatory vote). Unfair Labour Practices: Employer or union actions that violate workers' rights during organizing. Vocabulary: Card Check: A method of certifying unions based on signed membership cards. Mandatory Vote: Requires a majority vote among workers for certification. Decertification: The process of removing a union as the bargaining agent. Good-Faith Bargaining: Parties must genuinely attempt to reach an agreement. Chapter 13: Collective Bargaining Key Concepts: Collective Bargaining Process: 1. Notice to Bargain: Formal notification to begin negotiations. 2. Negotiation: Exchange of proposals between union and employer. 3. Mediation/Conciliation: Third-party assistance to resolve disputes. 4. Ratification: Union members vote on the proposed agreement. Collective Agreement: A binding contract outlining employment terms. Vocabulary: Bargaining Unit Scope: Determines which employees are covered by the union. Strike Mandate: A union's authorization to call a strike if negotiations fail. Lockout: Employer action to prevent workers from working during a dispute. Impasse: A deadlock in bargaining, potentially leading to strikes or arbitration. Chapter 14: Terms of the Collective Agreement Key Concepts:  Mandatory Clauses: Items that must be included in agreements, such as wages, benefits, and dispute resolution procedures. Grievance Procedure: Steps for resolving workplace disputes. Management Rights Clause: Defines employer authority, subject to union limitations. Duration and Renewal: Agreements often last 2-3 years, with provisions for renegotiation. Vocabulary: Zipper Clause: Prevents reopening the agreement on settled issues during its term. Union Security Clause: May require workers to join the union or pay dues. Scope of Work Clause: Limits the use of non-union or outsourced labour. Chapter 19: Grievances and Arbitration Key Concepts: Grievance: A formal complaint alleging a violation of the collective agreement. Types of Grievances: ○ Individual Grievance: Filed by one employee. ○ Group Grievance: Filed on behalf of multiple employees. ○ Policy Grievance: Challenges employer practices affecting all workers. Labour Arbitration: ○ Used to resolve disputes. ○ Arbitrators interpret collective agreements and determine remedies. Vocabulary: Just Cause: The standard for employee discipline or dismissal. Arbitration Award: The final and binding decision by an arbitrator. KVP Test: A legal standard to evaluate the reasonableness of employer rules. Chapter 20: Strikes, Lockouts, and Industrial Conflict Key Concepts: Strike: Workers withdraw their labour to pressure the employer. Lockout: Employers prevent workers from working to pressure the union. Pre-conditions for Legal Strikes: ○ Collective agreement expiry. ○ Conciliation or mediation. ○ Strike vote by union members.  Interest Arbitration: Resolves disputes without strikes, often in essential services. Vocabulary: Essential Services: Work deemed necessary for public health or safety, restricting strikes. Cooling-Off Period: Mandatory waiting period before a legal strike or lockout. Scabs: Informal term for replacement workers during a strike. Chapter 22: Public Sector Labour Relations Key Concepts: Public Sector Challenges: ○ Strikes may disrupt essential services like healthcare or education. ○ Governments act as both employer and policymaker. Interest Arbitration in the Public Sector: ○ Common alternative to strikes for essential services. Right to Strike: ○ Protected under the Charter but may be limited in essential services. Vocabulary: Back-to-Work Legislation: Government laws mandating an end to strikes. Compulsory Arbitration: Requires both parties to accept an arbitrator's decision. Chapter 23: Broader Labour Policy Debates Key Concepts: Alternatives to Wagner Model: ○ Minority unionism. ○ Broader-based or sectoral bargaining. Temporary Replacement Workers: ○ Controversial; impacts bargaining power. Card Check vs. Mandatory Vote: ○ Debate over the best method for union certification. Future of Labour Law: ○ Calls for reform to address gig work, automation, and globalization. Vocabulary:  Precarious Work: Employment characterized by insecurity, low wages, and poor conditions. Sectoral Bargaining: Collective agreements that cover entire industries rather than individual employers. Gig Economy: A labour market with short-term, flexible jobs, often mediated by digital platforms. Chapter 3: Key Perspectives That Shape the Law of Work Neoclassical Perspective Views labour as a commodity, like any other market good. Believes in equilibrium wage rate: wages naturally adjust based on supply and demand. Opposes labour regulations, arguing they distort the free market and reduce efficiency. Managerialist Perspective Focuses on organizational efficiency and productivity. Argues for minimal union interference and emphasizes human resource management as an alternative to collective bargaining. Industrial Pluralist Perspective Acknowledges inherent power imbalances between employers and workers. Advocates for collective bargaining and labour laws to balance interests and promote industrial peace. Critical Reformist Perspective Aims to reform capitalism by enhancing worker rights. Supports unionization and regulation but within the capitalist framework. Radical Perspective Views capitalism as inherently exploitative. Seeks to replace capitalism with a socialist or worker-controlled economic system. Gini Coefficient A measure of income inequality within a population, ranging from 0 (perfect equality) to 1 (maximum inequality). Used to assess the impact of labour laws and unionization on income distribution. Chapter 11: The Law of Industrial Conflict Key Terms and Forms of Industrial Action Interest Arbitrator: Resolves disputes by deciding terms of a collective agreement. Work to Rule: Workers strictly follow rules, slowing productivity. Rotating Strike: Workers strike intermittently or in rotation across locations. Sympathy Strike: Workers strike in support of another union’s dispute. Wildcat Strike: An unauthorized strike, typically spontaneous and without union approval. Strike Legality A strike is lawful if: ○ A collective agreement has expired. ○ Required conciliation/mediation has occurred. ○ A strike vote is held, and proper notice is given. Key Terms in Conflict Anti-Union Animus: Employer actions motivated by hostility to union activity. Replacement Worker: Temporary workers hired during a strike or lockout. Labour Picketing: Workers demonstrating near a workplace to protest. Primary Picketing: Directed at the employer in dispute. Secondary Picketing: Directed at third parties, such as suppliers. Legal Mechanisms Interlocutory Injunction: A court order stopping an action (e.g., picketing) temporarily. Economic Tort: Legal claims against picketing that causes financial harm. Final Offer Vote: A vote by employees to accept or reject the employer’s final bargaining offer. Dispute Resolution Voluntary Interest Arbitration: Both parties agree to arbitration voluntarily. Mandatory Interest Arbitration: Imposed by law, often for essential services. Essential Services Agreement: Ensures critical public services continue during labour disputes. Back-to-Work Legislation: Laws mandating the end of strikes/lockouts and resumption of work. First Contract Arbitration: Resolves impasses in initial collective agreement negotiations.  Mediation Arbitration (Med-Arb): A mediator transitions into arbitrator if no agreement is reached. Chapter 13: Grievances, Labour Arbitration, and Just Cause Grievances Grievance: A formal complaint alleging a violation of the collective agreement. ○ Individual Grievance: Filed by one worker. ○ Group Grievance: Filed on behalf of multiple employees. ○ Policy Grievance: Challenges employer practices affecting all workers. ○ Employer Grievance: Filed by the employer against the union or employees. Arbitration Terms Three-Person Labour Arbitration Board: A panel of arbitrators resolving disputes. Expedited Arbitration: A faster, simplified arbitration process. Hearsay Evidence: Statements made outside the arbitration that are offered as evidence. Direct Testimony: Statements made by witnesses during arbitration. Disciplinary Framework Just Cause Provision: Ensures discipline or termination is for legitimate reasons. Mitigating Circumstances: Factors reducing the severity of discipline (e.g., long service, apology). Progressive Discipline: Gradual penalties for repeated misconduct. Culminating Incident: The final event leading to discipline after a series of issues. Sunset Clause: Time limit for considering past disciplinary records. Chapter 14: Regulation of Unions Union Processes Mutual Consideration: Exchange of obligations between unions and employers. Union Certification: Recognition of a union as the representative for a bargaining unit. Decertification: Process of removing union representation. Open Period: Timeframe during which decertification can occur. Mandatory Union Membership Clause: Requires workers to join or pay dues to the union. Chapter 19: The Wagner Model Key Concepts Wagner Model: Establishes union exclusivity and collective bargaining rights. Bargaining Unit: A group of employees represented by a union. Industrial Union: Represents workers across industries. Craft Union: Represents workers with specific skills or trades. Union Raid: One union attempts to take over another's membership. PC 1003: Canada’s adoption of the Wagner model during WWII. Chapter 20: Minority Unionism Key Concepts Exclusivity: One union represents all workers in a bargaining unit. Majoritarianism: Decisions reflect the majority of workers. Minority Union: Represents only its members rather than all employees. ** 4o You said: please continue ChatGPT said: ChatGPT Chapter 20: Minority Unionism (Continued) Key Concepts (Continued) International Labour Organization (ILO): A UN agency promoting labour rights globally, including freedom of association and collective bargaining. Workplace Democracy: Involves giving workers a voice in workplace decisions, often linked to union representation and collective bargaining rights. Chapter 22: Should the Use of Replacement Workers Be Prohibited? Key Terms  Replacement Worker: Employees hired temporarily to perform the work of striking or locked-out workers, often referred to as "scabs" in union contexts. Injunction: A court order restraining actions (e.g., preventing the use of replacement workers or stopping picketing). Concessionary Demands: Employer proposals during bargaining that reduce wages, benefits, or working conditions, often justified by economic challenges. Scab: A derogatory term for replacement workers or workers crossing picket lines during a strike. Lockout: Employer-initiated action barring workers from the workplace during a labour dispute. Private Members’ Bill: Legislation proposed by a member of Parliament or a legislature who is not part of the government cabinet. Debates and Implications Arguments for banning replacement workers: ○ Maintains union bargaining power and reduces industrial conflict. ○ Encourages quicker resolution of disputes. Arguments against banning replacement workers: ○ Gives employers leverage to maintain operations. ○ Can be critical for essential services or financial survival during disputes. Chapter 3: key perspectives that shape the law of work: - Neoclassical perspective - Equilibrium wage rate - Managerialist perspective - Industrial pluralist perspective - Critical reformist perspective - Radical perspective - Gini coefficient Chapter 11: the law of industrial conflict: - Interest arbitrator - Work to rule: form of strike which workers collectively and deliberately slow down for the purpose of restricting the employers output - Rotating strike: - Sympathy strike - Wildcat strike - When is a strike lawful - Anti-union animus  - Replacement worker - Labour picketing - Interlocutory injunction - Economic tort - Primary picketing\ - Secondary picketing - Final offer vote - Interest arbitration route - Voluntary interest arbitration - Mandatory interest arbitration\ - Essential services agreement - Back to work legislation - First contract arbitration - Mediation arbitration\final offer selection Chapter 13: grievances, labour arbitration and just cause for discipline in the unionized workplace: - Grievance - Individual grievance - Grievor - Group grievance - Policy grievance - Employer grievance - Mediation arbitration (med-arb) - Without prejudice - Issue estoppel - Res judicata - Last chance agreement - Three person labour arbitration board - Expedited arbitration - Hearsay evidence - Direct testimony - Cross examination testimony - Summary dismissal - Just cause provision - Mitigating circumstances/factors - Progressive discipline - Culminating incident - Sunset clause - Duty to mitigate - Reinstatement - Specific performance - Disciplinary demotion  - Incompetence - Insubordination - Work now grieve later - Innocent absenteeism Ch 14: the regulation of unions- legal status, duty of fair representation and decertification: - Mutual consideration - Decertification - Mandatory union membership clause - Union certification - Open period - Decertification petition Ch 19:Is the wagner model of collective bargaining good for canadian workers?: - Wagner model - Bargaining unit - Industrial union - Union raid - PC 1003 - Craft union Chapter 20: should minority unionism be promoted in canadian labour policy?: - Exclusivity - Majoritarianism - Minority union - International labour organization (ILO) - Workplace democracy Chapter 22: should the use of replacement workers be prohibited?: - Replacement worker - Injunction - Concessionary demands - Scab - Lockout - Private members bill