Reinstatement with full back pay and compensation for

Reinstatement with full back pay and compensation for lost benefits
o Interim reinstatement – the ER reinstates a terminated EE to their job on an
interim basis, until the person’s unfair labour practice complain is decided
 For the Union:
o Cease and desist order
o Post and distribute notice that ER breached the law
o Second vote
o Union office and access to the workplace
o Union speeches at work during working time or on company bulletin boards
o Contact information of EEs
o Reimburse the union for organizing cost
 Remedial Certification
o An order certifying a union that may not have established that it has
majority EE support as a remedy for serious unlawful acts by the EE
o Exceptional remedy, rarely ordered

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o Serious ER misconduct
 Prosecution for a Breach of the Act (s. 104, rare cases)
Procedures:
 Party alleging unfair practice filed a complain with OLRB
 OLRB appoints a labour relations officer, who investigates the complaint and
attempts to get a settlement
 If the officer is unsuccessful, a hearing is scheduled at the OLRB
 Usually, the party that makes the allegation bears/suffers the burden of proof,
but s. 96(5) reverse onus/obligation of proof
Ch.41: Collective Bargaining Law:
The Effects of Union Certification:
 Transition for employers and employees from the common law regime to the
collective bargaining regime
 Employers are no longer permitted to negotiate terms and conditions of
employment directly with employees
 The union is the exclusive representative of the employees in the bargaining unit

 Rules regulating the negotiation of contracts change --> legal obligation to
bargain
 Procedural 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 workplaces
 A 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 bargain
 Once 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 statistics
 Costing of proposals
 Meetings (s. 17: within 15 days of notice to bargain) – usually away from the
worksite. Why?

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 “Tabling the demands” improvements and concession
 First non-monetary and then monetary demands. Why?