ELW4-Ch3 Unionized Workplaces.pptx

1 NOTICE Copyright Disclaimer This PowerPoint presentation is copyright protected. Individuals who have adopted the related Emond Publi...

1 NOTICE Copyright Disclaimer This PowerPoint presentation is copyright protected. Individuals who have adopted the related Emond Publishing textbook for their course are granted permission to use this presentation for instructional purposes only. Slides may not be distributed under any kind of Open Access style license, or website, or be duplicated, copied, sold, or otherwise exploited for any commercial purpose without Emond Publishing’s express written consent. Thank you. Copyright © 2021 Emond Montgomery Publications. All rights reserved. Employment Law for Business and Human Resources Professionals Kelly Williams-Whitt Adam Letourneau TJ Schmaltz Ryan Anderson Kathryn J. Filsinger CHAPTER 3 Unionized Workplaces  4 Chapter Overview 1. History and Premises of Labour Law 2. Establishing a Union 3. Collective Agreements 4. Strikes and Lockouts 5. Unions and the Charter of Rights & Freedoms Copyright © 2021 Emond Montgomery Publications. All rights reserved.  5 Introduction Individual employment Contract between employer and employee individually No association, or regulatory agency Imbalance of power between employers, employees Labour movement rebalanced relationship Workers could organize into unions who negotiate on their behalf Negotiating positions became more balance Copyright © 2021 Emond Montgomery Publications. All rights reserved.  6 1. History and Premises Main features of modern labour law (since 1940s): Ability of individual employees to form a union Ability of union to force employer to bargain with it only Ability of union to use economic sanctions Informed early employment legislation Copyright © 2021 Emond Montgomery Publications. All rights reserved.  7 1. History and Premises (cont’d) 1925: Provincial authority to regulate labour and employment Wagner Act model: 1943 onward Foundation of modern labour law Copyright © 2021 Emond Montgomery Publications. All rights reserved.  8 1. History and Premises (cont’d) Components of Wagner Model Right of employees to form Duty to bargain in good faith or join union Prohibition of unfair labour Process for certification of practices unions Administrative body Collective agreement as established: Labour enforceable contract Relations Boards Rules for strike (or lockout) activity Copyright © 2021 Emond Montgomery Publications. All rights reserved.  9 2. Establishing a Union Three phases: Organizing of employees Certification Collective bargaining (first agreement) Copyright © 2021 Emond Montgomery Publications. All rights reserved.  10 2. Establishing a Union (cont’d) Certification process Union organizers prove a minimum level of support Union applies to LRB for certification LRB determines whether unit is “appropriate for bargaining” LRB confirms number of employees in unit LRB orders secret ballot representation vote – results will determine certification Copyright © 2021 Emond Montgomery Publications. All rights reserved.  11 2. Establishing a Union (cont’d) Decertification Union loses bargaining rights Process almost identical to certification Copyright © 2021 Emond Montgomery Publications. All rights reserved.  12 2. Establishing a Union (cont’d) Collective bargaining process Union or employer serves notice of intent to bargain Parties must start bargaining once notice served Duty to “bargain in good faith” If bargaining breaks down: Either party can request LRB appoint mediator Either party can begin job action Both parties can agree to voluntary arbitration Copyright © 2021 Emond Montgomery Publications. All rights reserved.  13 2. Establishing a Union (cont’d) Many disputes are about unfair labour practices Motive Employer’s actions must not be for purposes of harming the union or violating terms of a negotiated agreement Onus Generally falls on whoever filed complaint Copyright © 2021 Emond Montgomery Publications. All rights reserved.  14 2. Establishing a Union (cont’d) Collective agreements include dispute mechanisms for when parties disagree Collective agreement bars (BC), or certification bars (AB) restrict when a union can be raided Peace obligation: no strike or lockout allowed during term of collective agreement Copyright © 2021 Emond Montgomery Publications. All rights reserved.  15 3. Collective Agreement Written agreement between employer and union containing terms and conditions of work Represents all bargaining unit employees governs how employers manage their operations Provides framework for dispute resolution Imposes peace during its time Parties do not look elsewhere for workplace rules Copyright © 2021 Emond Montgomery Publications. All rights reserved.  16 3. Collective Agreement (cont’d) Once union/employer get tentative agreement, ratification begins Employees vote to accept or reject If rejected, parties go back to bargaining table If accepted, is signed, submitted or LRB and becomes binding contract Copyright © 2021 Emond Montgomery Publications. All rights reserved.  17 3. Collective Agreement (cont’d) Grievance/Arbitration Process Spelled out in collective agreement Multiple steps of grievance process before arbitration (last resort) Both parties share in costs Strike: Distinct right of unionized workers, must be voted on Lock out workers: Distinct right of the employer Copyright © 2021 Emond Montgomery Publications. All rights reserved.  18 4. Strikes and Lockouts Strike vote procedures Closely regulated, similar to elections, Secret ballot Majority of votes must support strike Timing of strike action described For employers, no vote required to lock out unless employer is part of an employer’s association (then there are similar rules) Copyright © 2021 Emond Montgomery Publications. All rights reserved.  19 4. Strikes and Lockouts (cont’d) Allowed by strikers Not allowed by strikers Withdrawal of services Enter private land Communication of Adversely message to public (e.g., affect/inconvenience leafleting) public or a property owner Peaceful picketing on Assault people with signs public land (BC) Contact customers Strike only at worksite (AB) Copyright © 2021 Emond Montgomery Publications. All rights reserved.  20 4. Strikes and Lockouts (cont’d) Essential services services that if interrupted would endanger life, safety, health of public; or are necessary to maintain rule of law, public security cannot strike or be locked out LRB and Minister of Labour can designate Copyright © 2021 Emond Montgomery Publications. All rights reserved.  21 4. Strikes and Lockouts (cont’d) Requires an essential services agreement can be negotiated some do not have ability to strike but do have right to binding arbitration AB: flat prohibition of strike/lockout for certain workers (e.g., fire fighters, public service) BC: no flat prohibitions—process led by LRB Copyright © 2021 Emond Montgomery Publications. All rights reserved.  22 5. Unions and Charter of Rights and Freedoms Before Charter: worker rights conferred by legislation, not guaranteed Due to use of freedom of association by courts, Charter now providing protection for unions Most relevant Charter rights for unions are Freedom of expression (s 2(b)) Freedom of association (s 2(d)) Copyright © 2021 Emond Montgomery Publications. All rights reserved.  23 5. Unions and Charter of Rights and Freedoms (cont’d) Cases, freedom of expression Dolphin Delivery (SCC, RWDSU v Pepsi-Cola 1986) (SCC, 2001) Primary, secondary picketing; Emphasis on importance of certain activities not unions and strike activity protected, importance of Alberta v UFCW (SCC, unions 2013) UFCW v KMart (SCC, PIPA unconstitutional: 1999) importance of unions to lives Leafleting, benign character of workers Copyright © 2021 Emond Montgomery Publications. All rights reserved.  24 5. Unions and Charter of Rights and Freedoms (cont’d) Freedom of association 1. 1980s–90s: The “labour trilogy” Narrow interpretation of association, confers no real rights on unions as collectives 2. 2000s: Growing protection of right to form unions and bargain collectively (even against statutes) Copyright © 2021 Emond Montgomery Publications. All rights reserved.  25 5. Unions and Charter of Rights and Freedoms (cont’d) Freedom of association “Labour Trilogy” Reference re Public Service Employee Relations Act (Alta) (Alberta Reference), PSAC v Canada, and RWDSU v Saskatchewan Association only protects individual employees’ right to join union No practical constitutional protections of union once formed Lavigne (SCC, 1991) freedom “not to associate” Copyright © 2021 Emond Montgomery Publications. All rights reserved.  26 5. Unions and Charter of Rights and Freedoms (cont’d) Freedom of association Dunmore (SCC, 2001) Turning point in interpretation of association Rebuttal of “Trilogy” logic (without overturning the decisions from 1987) Copyright © 2021 Emond Montgomery Publications. All rights reserved.  27 5. Unions and Charter of Rights and Freedoms (cont’d) Taken together, Mounted Police Association and Sask. Fed. of Labour, along with Alberta (IPC) decision from 2013, suggest strong Charter support for unions Future cases will test strength of new trend Copyright © 2021 Emond Montgomery Publications. All rights reserved.