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
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.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Remedial certification is a legal remedy available in certain Canadian jurisdictions when serious unfair labor practices have occurred It allows labor ...Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Document Format ( 2 attachments)
663e4e0c91691_958390.pdf
180 KBs PDF File
663e4e0c91691_958390.docx
120 KBs Word File
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started