Prepared by Kenda Murphy, LL.B - KMurphy Consulting and Mercedes Watson, B.F.A., M.A., C.Med - Thought Department Inc.

Slides:



Advertisements
Similar presentations
Chapter 13: Control processes and systems
Advertisements

Working with Organized Labor 15. Challenges Why do employees join unions? What agencies and laws regulate labor practices? What is union organizing, collective.
Labour Relations, Collective Bargaining and Contract Administration
Labor Relations Chapter 12.
Chapter 11 Organized Labor
Industrial Relations in Canada Presentation at the Government-to-Government Session and Seminar for an Exchange of Information on Topics of Freedom of.
Prepared by Gabriela H. Schneider, CMA; Grant MacEwan College INTERMEDIATE ACCOUNTING INTERMEDIATE ACCOUNTING Sixth Canadian Edition KIESO, WEYGANDT, WARFIELD,
Prepared by: Angela Davis CA, CFE, MSc Booth University College
Prepared by: Gabriela H. Schneider, CMA Northern Alberta Institute of Technology INTERMEDIATE ACCOUNTING Seventh Canadian Edition KIESO, WEYGANDT, WARFIELD,
Delmar Learning Copyright © 2003 Delmar Learning, a Thomson Learning company Nursing Leadership & Management Patricia Kelly-Heidenthal
Financial Accounting: Tools for Business Decision Making
INDUSTRIAL RELATIONS IN CANADA Third Edition
INDUSTRIAL RELATIONS IN CANADA Fiona A. E. McQuarrie Prepared by: Tom Barrett.
INDUSTRIAL RELATIONS IN CANADA INDUSTRIAL RELATIONS IN CANADA Second Edition Fiona A. E. McQuarrie Prepared by Kenda Murphy, Saint Mary’s University Kenda.
INDUSTRIAL RELATIONS IN CANADA Fiona A. E. McQuarrie Prepared by: Tom Barrett.
TENTH CANADIAN EDITION Kieso Weygandt Warfield Young Wiecek McConomy INTERMEDIATE ACCOUNTING PREPARED BY: Dragan Stojanovic, CA Rotman School of Management,
INDUSTRIAL RELATIONS IN CANADA Third Edition Fiona A. E. McQuarrie Prepared by Kenda Murphy, Saint Mary’s University Kenda Murphy, Saint Mary’s University.
The Cash Flow Statement
Chapter 2: The Recording Process
INDUSTRIAL RELATIONS IN CANADA INDUSTRIAL RELATIONS IN CANADA Second Edition Fiona A. E. McQuarrie Prepared by Kenda Murphy, Saint Mary’s University Kenda.
Negotiating and Accessing Collective Bargaining Agreements in Canada Presentation at the Government-to-Government Session and Seminar for an Exchange of.
INDUSTRIAL RELATIONS IN CANADA Fiona A. E. McQuarrie Prepared by: Tom Barrett.
INDUSTRIAL RELATIONS IN CANADA Third Edition Fiona A. E. McQuarrie Prepared by Kenda Murphy, Saint Mary’s University Kenda Murphy, Saint Mary’s University.
ACCOUNTING PRINCIPLES SIXTH CANADIAN EDITION Prepared by: Debbie Musil Kwantlen Polytechnic University Chapter 16 Investments.
Tools for Business Decision-Making Fourth Canadian Edition Financial Accounting: Prepared by: Peggy Coady Memorial University of Newfoundland & Catherine.
Labor Relations Chapter 12. Labor Relations Chapter 12.
MARKETING RESEARCH ESSENTIALS WITH DATA ANALYSIS IN EXCEL AND SPAA McDaniel │ Gates │ Sivaramakrishnan │ Main Chapter Fourteen: Statistical Tests of Relation.
Registration and Certification of Unions in Canada Presentation at the Government-to-Government Session and Seminar for an Exchange of Information on Topics.
Prepared by Gabriela H. Schneider, CMA; Grant MacEwan College INTERMEDIATE ACCOUNTING INTERMEDIATE ACCOUNTING Sixth Canadian Edition KIESO, WEYGANDT, WARFIELD,
Chapter 13: Control processes and systems
BUSINESS COMMUNICATION SECOND CANADIAN EDITION Part V: Putting it all together Chapter Thirteen: Resolving conflicts effectively Original Slides by Gates.
Calter & Calter, Technical Mathematics with Calculus, Canadian Edition ©2008 John Wiley & Sons Canada, Ltd. Derivatives of Algebraic Functions Prepared.
Chapter 19 Appendix 19A Chapter 19 Appendix 19A Example of a One-Person Plan Prepared by: Dragan Stojanovic, CA Rotman School of Management, University.
CHAPTER 1: THE PURPOSE AND USE OF FINANCIAL STATEMENTS
Discipline and Dismissals Lecture 12.  Must be fair.  RSA courts have decided that “Fairness” constitutes: 1.Substantive Fairness - Pertaining to reason;
Chapter 16 Information and Operations Management 1e Management 1e - 2 Management 1e Learning Objectives  Explain how managers use controls.
CHAPTER 1 Prepared By: Debbie Musil Kwantlen Polytechnic University Tools for Business Decision- Making Fifth Canadian Edition Financial Accounting 6 Copyright.
© 2001 by Prentice Hall 15-1 Why Do Employees Join Unions?  Employees in the United States seek union representation when they: u are dissatisfied with.
16-1 Dessler, Cole and Sutherland Human Resources Management in Canada Canadian Ninth Edition Chapter Sixteen The Dynamics of Labour Relations © 2005 Pearson.
Prepared by Kenda Murphy, LL.B - KMurphy Consulting and Mercedes Watson, B.F.A., M.A., C.Med - Thought Department Inc.
Prepared by Kenda Murphy, LL.B - KMurphy Consulting and Mercedes Watson, B.F.A., M.A., C.Med - Thought Department Inc.
Prepared by Kenda Murphy, LL.B - KMurphy Consulting and
FINANCIAL ACCOUNTING Tools for Business Decision-Making KIMMEL  WEYGANDT  KIESO  TRENHOLM  IRVINE CHAPTER 12: REPORTING AND ANALYZING INVESTMENTS.
INVESTMENTS: Analysis and Management Second Canadian Edition INVESTMENTS: Analysis and Management Second Canadian Edition W. Sean Cleary Charles P. Jones.
Tools for Business Decision-Making Fourth Canadian Edition Financial Accounting: Prepared by: Peggy Coady Memorial University of Newfoundland & Catherine.
Chapter 7 Appendix 7A Cash Controls Prepared by:
WEYGANDT. KIESO. KIMMEL. TRENHOLM. KINNEAR. BARLOW. ATKINS PRINCIPLES OF FINANCIAL ACCOUNTING CANADIAN EDITION Chapter 2 The Recording Process Prepared.
Prepared by Kenda Murphy, LL.B - KMurphy Consulting and Mercedes Watson, B.F.A., M.A., C.Med - Thought Department Inc.
Prepared by Kenda Murphy, LL.B - KMurphy Consulting and Mercedes Watson, B.F.A., M.A., C.Med - Thought Department Inc.
MGT 430 – 2015 Class 18 - Chapter 14 Collective Bargaining.
Prepared by Kenda Murphy, LL.B - KMurphy Consulting and Mercedes Watson, B.F.A., M.A., C.Med - Thought Department Inc.
Chapter 16 Appendix 16B Chapter 16 Appendix 16B Stock Compensation Plans – Additional Complications Prepared by: Dragan Stojanovic, CA Rotman School of.
What Is Employment? Compare employee with agent and independent contractor Differences: Control test - Degree of control exercised over an employee is.
Calter & Calter, Technical Mathematics with Calculus, Canadian Edition ©2008 John Wiley & Sons Canada, Ltd. More Applications of the Derivative Prepared.
TENTH CANADIAN EDITION INTERMEDIATE ACCOUNTING PREPARED BY: Lisa Harvey, CPA, CA Rotman School of Management, University of Toronto 1 CHAPTER 16 Appendix.
Prepared by Kenda Murphy, LL.B - KMurphy Consulting and Mercedes Watson, B.F.A., M.A., C.Med - Thought Department Inc.
Recognizing Notes Receivable Definition - A written promise to pay a specified amount of money on demand or at a definite time If note is received to settle.
TENTH CANADIAN EDITION INTERMEDIATE ACCOUNTING PREPARED BY: Lisa Harvey, CPA, CA Rotman School of Management, University of Toronto 1 CHAPTER 16 Appendix.
BUSINESS COMMUNICATION SECOND CANADIAN EDITION Part III: Writing for special purposes Chapter Nine: Writing business reports Original Slides by Gates Stoner.
FINANCIAL ACCOUNTING Tools for Business Decision-Making KIMMEL  WEYGANDT  KIESO  TRENHOLM  IRVINE CHAPTER 3: THE ACCOUNTING INFORMATION SYSTEM.
HN2100 Collective Agreement Administration With Paul Tilley Unit 7 Collective Agreement Clauses – Part 2.
Chapter 2 Appendix 2A Chapter 2 Appendix 2A Fair Value Measurements Prepared by: Dragan Stojanovic, CA Rotman School of Management, University of Toronto.
Chapter 15 Appendix 15A Chapter 15 Appendix 15A Par Value and Treasury Shares Prepared by: Dragan Stojanovic, CA Rotman School of Management, University.
Prepared by: Gabriela H. Schneider, CMA; Grant MacEwan College INTERMEDIATE ACCOUNTING INTERMEDIATE ACCOUNTING Sixth Canadian Edition KIESO, WEYGANDT,
Nature of Unions Union Why Employees Unionize
INDUSTRIAL RELATIONS IN CANADA Third Edition
Labour Law.
Chapter Appendix 8A The Retail Inventory Method of Estimating Inventory Costs Prepared by: Dragan Stojanovic, CA Rotman School.
Chapter 16 Appendix 16C Advanced Models for Measuring Fair Value
Presentation transcript:

Prepared by Kenda Murphy, LL.B - KMurphy Consulting and Mercedes Watson, B.F.A., M.A., C.Med - Thought Department Inc.

Chapter 6 Establishing Union Recognition

6 Chapter 6 Objectives At the end of this chapter, you should be able to:   Explain how an application for certification is handled by a labour relations board   Understand the effect of certification   Explain some of the special circumstances that may arise in a certification application   Define and give examples of an unfair labour practice

6 The Workplace Notice   When an application for certification is received by a labour relations board, in most provinces the employer and employees must be notified of the application by registered mail   A notice of the application for certification must be posted in the workplace   In some provinces, the notice must include a terminal date Determining Employee Support   The labour relations board will assess the level of employee support for the application Assessing the Certification Application

6 The Representation Vote   If the level of support for a certification application is above the required minimum and automatic certification is not an option, a labour relations board will usually set a date for a representation vote ─ ─ The vote is a secret ballot ─ ─ It asks the employees if they want the union to be their exclusive bargaining agent ─ ─ 50% + 1 of voters must say yes for certification to be granted Assessing the Certification Application

6 The Representation Vote (cont’d)   There is usually a short time between the filing of the application and the vote to prevent either side from unduly influencing the outcome of the vote   If the vote is successful, the Board will issue a certification order Assessing the Certification Application

6 The Certification Order:   Legally creates the bargaining relationship between the union and the employer   Makes the union the exclusive bargaining agent for the employees in the bargaining unit   Compels the parties to commence bargaining for a collective agreement and to bargain in good faith If the vote is unsuccessful, there are generally time bars to prevent unions from attempting to organize again right away Assessing the Certification Application

6 The Hearing   At any point during the assessment of the application for certification, a labour relations board may hold a hearing into the application   A hearing is usually held if there is a dispute over the content of the application or its surrounding circumstances   A hearing may result in the board: ─ ─ Rejecting the application ─ ─ Altering the bargaining unit ─ ─ Ordering a representation vote Assessing the Certification Application

6 Certification for a Previously Unionized Workplace   A certification remains in effect for as long as the parties involved wish it to continue and the parties themselves do not change   A union may attempt to certify workers represented by another union; this is known as a raid   No Canadian labour legislation explicitly forbids raiding   Raids may occur if employees feel dissatisfied with the representation provided by their current union   There are time bars affecting when raids can happen Special Circumstances During Certification

6 There are no legal restrictions on the number of unions that can simultaneously attempt to organize the same existing bargaining unit A Board is more likely to order a representation vote in a raid to ensure that the employees truly wish to change their union representation If the vote is successful, there will be a new certification order issued If the vote is unsuccessful, the time bars for subsequent applications are the same as those for previously non-unionized workplaces Special Circumstances During Certification

6 Certification if the Parties Change   If the union merges with other unions, the merged union usually applies for certification under its new name   A labour relations board may order a representation vote after a merger, or may alter the certification without a vote   If the union ceases to exist and the workers do not wish to be represented by another union, the workers would usually file for decertification Special Circumstances During Certification

6 Certification if the Parties Change (cont’d)   If the employer goes out of business, the union or employer can apply for decertification   If the employer merges with another business or expands, the board must decide whether the existing certification applies to the new employees   This circumstance is known as successorship   Several jurisdictions have time bars that restrict when or if certification applications can be made during a strike or lockout Special Circumstances During Certification

6 Unfair Labour Practices Definition and Legislative Philosophy   An unfair labour practice is an action taken by an employer or by a union that has the effect of unduly influencing the “private decisions” made by the employee in the certification process   Legislation must incorporate several different considerations ─ ─ The inherent imbalance of power in most workplaces which favours the employer ─ ─ The employer’s legal rights to free speech

6 Unfair Labour Practices It may be difficult to clearly determine whether unfair labour practice (ULP) has occurred It is impossible to prevent ULPs as the labour relations board can’t continuously monitor the workplace Allegations of ULPs are usually brought against employers ULP complaints against unions usually center around organizing activity during prohibited times and locations Even if ULP behaviour stops, the effects of the behaviour can still influence the outcome of an organizing campaign

6 Unfair Labour Practices Legislation   Most labour codes in Canada have guidelines for employer and union behaviour   An employer cannot participate in or interfere with the formation, selection, or administration of a trade union   An employer is free to express views against a union as long as it does not use coercion, intimidation, threats, promises, or undue influence   Employers’ views will be examined in terms of context, perception, and content   If employees are fired or disciplined during an organizing campaign, employers may have to prove that the action was justified

6 Unfair Labour Practices A labour relations board will look at whether the employer’s action resulted from anti-union animus A reverse onus applies in most Canadian jurisdictions Employers must prove that they did not have anti-union animus rather than unions proving that employers did have it An employer might be found to have committed a ULP if its action had the effect of influencing employees’ behaviour, even if that was not the employer’s intent

6 Unfair Labour Practices Dealing with an Unfair Labour Practice Complaint   If an employer, union, or employee believes that an unfair labour practice has occurred, it can file a complaint with the labour relations board   The standard of proof in all cases before a labour relations board is the balance of probabilities   A balance of probabilities requires sufficient evidence showing the probability that the disputed action was justified

6 Unfair Labour Practices An example of an unfair labour practice complaint   American Airlines Inc. vs. Brotherhood of Railway, Airline and Steamship Clerks, Freight Handlers, Express and Station Employees   Employees were forbidden to place union information in workers’ mailboxes, even though non-company material was regularly left in the boxes   A company official sent all employees a letter that discussed the certification drive   The company argued that the letter did not constitute any direct threat or instruction not to join the union

6 Unfair Labour Practices An example of unfair labour practice complaint (cont’d) The union argued that the letter implied that negative consequences of unionization had occurred elsewhere and would occur at this organization if it became unionized The labour relations board found that the letter constituted an unfair labour practice, even though there were no explicit threats The board ruled that the ban on distributing union material in employee mailboxes was an attempt to intimidate employees, since the company could not show the material disrupted operations

6 A labour relations board will usually choose a remedy that will make whole the situation The board can also attempt to reverse any damage caused by the organizing campaign Some remedial examples include:   Reinstating employees disciplined because of anti-union animus   Allowing union organizers into the workplace   Allowing the union to hold information sessions in the workplace during work hours Remedies for Unfair Labour Practices

6 Labour boards have “wide powers to issue remedial orders” appropriate to the circumstances If an organizing campaign is in progress, the board can issue a “cease and desist” order to stop ULPs The board may order that employees be compensated for financial losses related to ULPs In some jurisdictions, the board may impose a certification order Remedies for Unfair Labour Practices

6 The remedy in the American Airlines case:   The board ordered the company to write a new letter to all employees, on company letterhead, indicating that the earlier letter had been found to be an unfair labour practice   A copy of the board’s reasons for its decision was to be included with the new letter   The company was directed to allow distribution of union literature in workers’ mailboxes Remedies for Unfair Labour Practices

6 Copyright Copyright © 2015 John Wiley & Sons Canada, Ltd. All rights reserved. Reproduction or translation of this work beyond that permitted by Access Copyright (The Canadian Copyright Licensing Agency) is unlawful. Requests for further information should be addressed to the Permissions Department, John Wiley & Sons Canada, Ltd. The purchaser may make back-up copies for his or her own use only and not for distribution or resale. The author and the publisher assume no responsibility for errors, omissions, or damages caused by the use of these files or programs or from the use of the information contained herein.