Ch 7 PDF - Labour Law

lOMoARcPSD|2779689 Unions Mana 479 Art. 87.1 Orphan Clause It is prohibited for the CBA to contain clauses where newer employees receive different salary/benefits or less advantageous working conditions than existing employees performing the same tasks. Exceptions: § Different treatment based on se...

lOMoARcPSD|2779689 Unions Mana 479 Art. 87.1 Orphan Clause It is prohibited for the CBA to contain clauses where newer employees receive different salary/benefits or less advantageous working conditions than existing employees performing the same tasks. Exceptions: § Different treatment based on seniority, experience, education, qualifications, etc. is permitted. § Different treatment for the handicapped is permitted. § Different treatment for the integration of employees into new jobs following a restructuring of the business is permitted. Formalities for Approval Art. 20.3 For a union to be authorized to sign a CBA, it must be approved by >50% of the members of the association in the BU via a secret ballot vote. (violation results in penal sanctions) Art. 72 Duration Art. 65 CBA must be filed w/ the Minister of Labour within 60 days of signature. § CBA is enforced retroactively after filing § Deadlines do not begin until the CBA is filed § Grievances made before the CBA is filed, are still valid § Failure to file exposes the union to new petitions for certification 1. Minimum 1 year for all agreements 2. Maximum 3 years for new agreements 3. No maximum term for renewed agreements If duration is not specified, it is assumed to be 1 year. If a new agreement exceeds its max, it is automatically reduced to 3 years. Art. 59 Effects Art. 67 Art. 68 Working conditions are maintained following the expiration of a CBA until the right to strike/lockout is acquired. § When the right is acquired, the employer may unilaterally change working conditions by sending a notice to the union, which can then respond w/ a strike. § Grievances resulting from issues before the CBA expired can continue after expiration. The CBA is binding on all current and future employees in the bargaining unit. The collective agreement is binding on all employers when concluded on their behalf by an association of employers. The CBA cancels out and replaces any conditions and rights under the individual employment contracts. The individual employment contracts reapply if the CBA ceases. 22 Downloaded by Savannah Amber ([email protected])