Reinstatement with full back pay and compensation for lost benefits o Interim

Reinstatement with full back pay and compensation for

  • Ryerson University
  • LAW 529
  • Test Prep
  • Sheyam.bala
  • 74
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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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56 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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57 “Tabling the demands” improvements and concession First non-monetary and then monetary demands. Why?
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