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Reinstatement with full back pay and compensation for lost benefitsoInterim reinstatement– the ER reinstates a terminated EE to their job on an interim basis, until the person’s unfair labour practice complain is decidedFor the Union:oCease and desist orderoPost and distribute notice that ER breached the lawoSecond voteoUnion office and access to the workplaceoUnion speeches at work during working time or on company bulletin boardsoContact information of EEsoReimburse the union for organizing costRemedial CertificationoAn order certifying a union that may not have established that it has majority EE support as a remedy for serious unlawful acts by the EEoExceptional remedy, rarely ordered
56oSerious ER misconductProsecution for a Breach of the Act (s. 104, rare cases)Procedures:Party alleging unfair practice filed a complain with OLRBOLRB appoints a labour relations officer, who investigates the complaint and attempts to get a settlementIf the officer is unsuccessful, a hearing is scheduled at the OLRBUsually, the party that makes the allegation bears/suffers the burden of proof, but s. 96(5) reverse onus/obligation of proofCh.41: Collective Bargaining Law:The Effects of Union Certification:Transition for employers and employees from the common law regime to the collective bargaining regimeEmployers are no longer permitted to negotiate terms and conditions of employment directly with employeesThe union is the exclusive representative of the employees in the bargaining unitRules regulating the negotiation of contracts change --> legal obligation to bargainProcedural framework through which collective bargaining between unions and employers would produce collective agreements without work stoppages (95%)How Collective Bargaining Works:Decentralized– mostly at the level of individual workplacesA union is certified to represent EEs at a particular location of a single employer, and the union and ER then bargain a collective agreement Single employer-single union- single location= Bargaining Structure– describes the identity and number of parties involved in collective bargaining, and the scope of employees covered by that bargaining There are Exceptions – Loblaws, Construction Industry, Public Sector (pg.560)The Collective Bargaining process is initiated by a notice to bargainOnce certified, the union must give notice to bargain to ER (s. 16) – why this formality?Selection of bargaining teams Determination of demands (or proposals)Research: 3 main sources of data are – settlement information, sample contract clauses, and inflations statisticsCosting of proposalsMeetings (s. 17: within 15 days of notice to bargain) – usually away from the worksite. Why?
57“Tabling the demands” improvements and concessionFirst non-monetary and then monetary demands. Why?