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Chapter 6
| Question | Answer |
|---|---|
| instrumentality | perception that a union will be able to successfully help employees achieve desired outcomes |
| why employees don't unionize | union dues, politics, loyalty to employer, job loss, doesn't want to go on strike |
| external factors affecting unionization | economic, attitudes towards union |
| employment standards vs labor relations legislation | employment standards for everyone in that jurisdiction, labor relations legislation is process for unions to certify |
| 2 ways to obtain bargaining rights | being voluntarily recognized by employer or by applying to labor relations board for certificate |
| certification process | way union obtains bargaining rights for employees, once certified can rep employees |
| organizing campaigns | unions attempt to persuade employees to join union, need enough employees to apply for certification |
| when can union apply ot board | once have enough sign ups, and then must establish that its a trade union, application timely, group of employees specified and union has adequate support |
| actual certificate process | union files application, employer notified, employer required to respond, if applicant qualifies board determines bargining unit or if have enough support, is issues then hear by board |
| what type of certification do union hope for | membership cards and not a vote because less likely to become certified that way since ppl wont show up to vote |
| how to be eligible to join a union | must be an employee, not independant contractor, pass fourfolds test, not manager, not involved in labor relation, not in occupations excluded |
| why excude some occupations | unionizing can create health and safety risk to public |
| fourfolds test | determines if an employee by considering employer control, ownership of tools, opp for profit and risk of loss - no 1 factor is binding alone |
| open period | time within which second union can apply for certification |
| community of interest | common characteristic regarding terms and conditions of work and relationship to employer in that bargaining unit |
| factors determining community of interest | skill similarities, structure of employer, integration of employees invovled, location of employees, if full time or part time |
| representation vote | secret vote conducted by board to determine if employees want union or not |
| can a union be certified without rep vote | yes if use membership cards. |
| unfair labour practice | illegal actions that interferes with employees joining a union |
| statutory freeze | period employer prohibited ot make changes to terms of employment |
| employer unfair labor practices | threats, interfere or try to influence, discriminate due to union membership, impose contract condition that prohibits from joining, changing terms of employment during certification |
| union unfair labor practices | threats/ force someone to join, solicitation during work hours |
| what are employers allowed to do | prohibit entry to workplace outside of work hours or by non employees, establish rule to prevent solicitation during work hours, change work conditions before freeze, change conditions that arent meant to influence |
| remedies to unfair practices | cease and desist, compensation for damage, reinstatment |
| who provides burden of proof if terminate due to union activity | employer |
| decertification | process labor relations board revokes unions right to rep employees, similar process to certification where employees sign statement saying that they dont want union rep |
| if want to change unions.... | dont need to apply for decertification of current |
| successor rights | protects rights of union and any collective agreement if business sold |
Created by:
emilysun77