What is workplace notice?
an application for certification by a labor relations board.
The employer and employees must be notified of the application by the registered mail.
must be posted in the workplace and may include a terminal date.
What needs to occur to get a representation vote?
if the level of support for a certification application is above the required minimum and automatic certification is not an option, a labor relations board will usually set a date for a representation vote.
What is 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
What is a certification order?
- Legally creates the bargaining between the union and the employer
- Makes the union the exclusive bargaining agent for the employees
- Compels the parties to commence bargaining for a collective agreement and to bargain in good faith
What is the hearing for the certification application?
a hearing is usually held if there is a dispute over the content of the application or its surrounding circumstances.
What may a hearing result in?
- rejecting the application
- altering the bargaining unit
- ordering a representation vote
List the special circumstances during certification
- no legal restrictions on the number of unions that can attempt to organize the same bargaining unit at a time.
- the board is more likely to order a representation vote in a raid
- if the vote is successful, there will be a new certification order issued
- if the vote is unsuccessful, the time bars or subsequent applications are the same as those for previously non-unionized workplaces
What is a raid and how does it occur
a union may attempt to certify workers represented by another union
Raids may occur if employees feel dissatisfied with the representation provided by their current union
What happens when the Parties change
- if the union merges with other unions they apply for certification under its new name
- a labor relations board may order a representation vote after a merger
- 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.
- if the employer goes out the business, the union or employer can apply for decertification.
What is successor-ship?
if the employer mergers with another business or expands, the board must decide whether the existing certification applies to the new employees
What is an unfair labor practice?
It 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
Considerations that the legislation must incorporate
- inherent imbalance of power in most workplaces which favors the employer
- the employer’s legal rights to free speech
ULP.
Unfair labor practice
- it is impossible to prevent ULP’s as the labor relations board cant continuously monitor the workplace.
- allegations of ULPs are usually brought against employers
An example of unfair labor practices, American Airlines Inc vs. Brotherhood of Railway
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 boxes
- a company official sent all employees a letter that discussed the certification drive.
- the company argued that the latter did not constitute any direct threat or instruction not to join the union
- the union argued that the letter implied that negative consequences of unionization if it became unionized had occurred elsewhere and would occur at this organization if it became unionized.
- the labor relations board found that the letter constituted an unfair labor 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
A labor relations board usually chooses a remedy that will make whole of the situation which means..
The board will attempt to reverse any damages caused by the organizing campaign.
What are some remedial examples
- 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
What was the remedy of the American Airline 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 labor 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
