In Ontario, British Columbia, Manitoba, New Brunswick, Nova Scotia, Prince Edward Island, and the federal jurisdiction, labour
Question:
In Ontario, British Columbia, Manitoba, New Brunswick, Nova Scotia, Prince Edward Island, and the federal jurisdiction, labour relations boards have the authority to certify a union as the bargaining representative of employees as a remedy for serious unfair labour practices. The theory underlying "remedial certification" is that some illegal acts by the employer will convince employees that joining a union could result in reprisals by the employer. In that case, it is unlikely that the true wishes of the employees could ever be measured by taking a representation vote. This exercise involves finding and summarizing a remedial certification case."
1 | Go to the CanLII home page:www.canlii.org | |
2 | In the "Document text" search box, type "remedial certification" and "union." Start the search. | |
3 | Scroll through the decisions and look for a case in which the labour relations board was asked to rule on a union's argument that remedial certification should be ordered. Read the decision and answer the following questions: | |
a. | What jurisdiction is the case from? | |
b. | What was the employer's conduct that is alleged to be unlawful? | |
c. | Did the labour board find that the employer committed an unfair labour practice? | |
d. | If so, did the labour relations board order remedial certification? | |
It is. | Describe the labour relations board's reasoning on the question of whether remedial certification should be ordered. | |
f. | What remedies other than remedial certification were ordered? | |
g. | Do you agree with the decision? Explain your answer. |
Doorey, D.J. (2017). The Law of Work: Industrial Relations and Collective Bargaining. Toronto: Emond.