Final Notes Unions Ch 1 PDF

lOMoARcPSD|2779689 Unions Mana 479 Basic Definitions of Collective Bargaining The employer has one collective agreement w/ a bargaining unit that is represented by a certified association. Translation: The employer has one contract w/ a group of employees who are all represented by a union. Collect...

lOMoARcPSD|2779689 Unions Mana 479 Basic Definitions of Collective Bargaining The employer has one collective agreement w/ a bargaining unit that is represented by a certified association. Translation: The employer has one contract w/ a group of employees who are all represented by a union. Collective Agreement - The contract which contains all the working conditions between the employer and each employee in the bargaining unit. Bargaining Unit - A group of employees w/ similar interests regarding their work conditions. § Exclusively made up of employees defined by Art.1 (L) of the CQLR. § Not all employees in the BU are members of the union. § At least 51% of employees in the unit must be members of the union. Certified Association - A legal entity made up of employees, that has been authorized by the Minister of Labour to be the sole representative of those employees. Union Must: § Represent all employees in the BU, regardless of whether they’re union members. § Negotiate w/ the employer to conclude a collective agreement for the BU. § Collect union dues (checkoffs) Unions must be accredited (certified) in accordance w/ statutory laws (QLC) in order to collectively bargain w/ the employer. Parties Involved in Collective Bargaining: ■ The Minister of Labour (ML) ■ Dispute arbitrator ■ Employer ■ Administrative Labour Tribunal (ALT) ■ Conciliator ■ Union ■ Labour Relations Officer ■ Grievance arbitrator ■ Employees Chapter 1 - The Quebec Labour Code Union Jurisdiction Provincial Unionization Organized under each province’s respective legislation. (QLC in Quebec) Federal Unionization Done in accordance w/ the Canada Labour Code, and enforced by the Canada Industrial Relations Board. Authority to Enforce Minister of Labour The ML has exclusive authority to: § Appoint a conciliator, mediator, or arbitrator in disputes relating to negotiating CBAs. § Set up a list of arbitrator available to resolve a dispute under a CBA. Responsibilities of the ML include: § Being informed of intentions to declare a strike or lockout. § Making recommendations that the government order an employer or union to maintain essential services in the event of a strike/lockout. § Ordering investigations into the application of the QLC. 1 Downloaded by Savannah Amber ([email protected]) lOMoARcPSD|2779689 Unions administrative functions main functions Mana 479 Administrative Labour Tribunal ALT has exclusive jurisdiction to apply the QLC in matters concerning: § Rules on any labour dispute under the QLC which are not subject to arbitration. § Strikes, work slowdowns, lockouts, use of scabs, accreditation, union refusal to properly represent members, and failure of employer/union to negotiate a CBA. Commissioner must hear cases appointed by the government, alone or in panels of 3. § Panels of 3 in requests for certifications § Decisions are final and w/o appeal § Alt has immunity from liability; cannot be sued for actions in made in good faith. Regular Courts Only have authority for: § Decisions under judicial review § When arbitrators or the alt exceed their jurisdiction § Disputes founded on general law. Field of Application (CQLR C-27) The definition of an employer and an employee is important in determining who is included/excluded from a BU. Art.1 (K) The employer is anyone (including the state) who has work done by, benefits from the services of, and exercises control over the working conditions of an employee. Art.1 (L) The employee is a physical person who provides services for an employer in exchange for renumeration. Art. 20.0.1 When an employer changes the status of employees to independent or dependent contractors: 1. Employer must give notice to the union 2. Union has 30 days to ask the ALT to rule on the change 3. This notice temporarily blocks the change in status a. Until the expiration of the 30 days b. Until the ALT rules on the union's review request Exclusions from the Bargaining Unit (CQLR C-27) The alt determines who is and isn’t part of the BU. § Both the employer and the unions regularly dispute this. § The party which claims the exclusions must prove it based on the true nature of the employee’s functions and responsibilities. Art. 1 (L.1) A Manager, Foreman, Superintendent, or Representative of the Employer A foreman who exercises a management function w/o having the power to hire/fire: § Participates in the hiring process. § Assigns work and determines execution. § Supervises and evaluates work. § Power to discipline employees. 2 Downloaded by Savannah Amber ([email protected]) lOMoARcPSD|2779689 Unions Mana 479 Anyone who exercises a management function: § Gives directions to other employees. § Represents the employer in relationships w/ employees. § Has capacity to make management decisions regarding the exploitation of the business. A team leader who has authority over other employees but does not exercise management functions. § Distributes work § Plans, directs, and supervises the quality of work. *The frequency w/ which the employee exercises these functions, their degree of discretion and autonomy, are key determinants. Art. 1 (L.2) A Director or Officer of a Legal Person (employer) § Unless appointed by the employees of the union. § The title alone is not sufficient, the person must also exercise the powers of the position. Art. 1 (L.3) Certain Public Servants Those whose jobs involve confidentiality: § Government employees § Those working for the executive branch of government. § Ministere du Conseil Executif § Conseil du Tresor § Other positions of confidential nature Art. 1 (L.4 - 7) Other Public Employees § Some employees working in the Institute de la Statistique du Quebec § Criminal and penal prosecuting attorneys. § Members of the Surete du Quebec (municipal police can unionize) § Members of the personnel of the Chief Electoral Officer CQLR T-15.1 Art. 9 (1-7) Powers of the ALT Investigation Done in the name of the alt, Labour Relations Agents investigate any infractions under the QLC: § Interference w/ union activities (CQLR C-27 Art. 12) § Issues relating to the accreditation of unions (CQLR T-15.1 Art. 86 - 87) Decisional The alt can make any decision it considers appropriate in a dispute including: 1) Summarily reject any application 2) Refuse to rule on a complaint that can be settled by arbitration 3) Make any order (including provisional) to safeguard the rights of the parties 4) Determine any question of law/fact necessary for the exercise of its jurisdiction 5) Ratify an agreement 6) Revoke a union’s accreditation if necessary ↳These decisions are made by commissioners or by agents who have the power to grant requests for accreditation. 3 Downloaded by Savannah Amber ([email protected]) lOMoARcPSD|2779689 Unions CQLR C-27 Art. 111.33 (1-5) CQLR T-15.1 Art. 21 - 25 Mana 479 Conciliation Alt exercises power to encourage conciliation and settlements in disputes. Prior to adjudication of the case § Conciliation is voluntary and confidential § Conciliator has no binding authority § Agreement can be submitted to the alt for approval Injunction Orders in response to strikes, lockouts, and work slowdowns in the private sector: 1) Cease any violation of the QLC 2) Remedy any act done in contravention to the QLC 3) Apply any measures of redress the alt considers best 4) Issue an order to cease authorization or participation of a strike or slowdown 5) Order the acceleration or modification of a grievance/arbitration procedure CQLR T-15.1 Art. 49 (1-3) Reparation Order any reparation to the parties to enforce the rights under the codes C-27 Art. 111.33 (1 - 5) and T-15.1 Art. 9 (1 - 7). § Payment of damages for violation of the QLC § Reinstatement of employees disciplined for exercising their rights § Payment of indemnity for loss salary § Authorize an employee to submit a claim to an arbitrator and order the union to pay for it where it has refused to represent the employee’s claim. Revision and Revocation Alt may revise or revoke a decision it has made under the QLC when: 1) A newly discovered fact, if known in time, could have warranted a different decision. 2) An interested party was unable to be heard or to present its position (excludes missed deadlines). 3) A substantive or procedural defect justifies invalidating the decision. § Ignored a clear fundamental legal principal § Made a decision in the absence, or in ignoring, evidence § Party was denied the right to be heard § Original decision was not impartial CQLR C-27 Art. 111.10 - 111.10.5 *Request must be made within a reasonable delay of ≦ 30 days. Essential Services 1) In the public and para-public sectors, minimum services must be maintained. 2) Minimum services must be negotiated by the employer and the union. 3) If no agreement is reached, the union must submit a proposal to the alt. 4) If the alt considers the proposal insufficient, it can convene a hearing and make the recommendations it considers appropriate. 5) The alt will then submit its final recommendations to the Minister of Labour. 4 Downloaded by Savannah Amber ([email protected])