Chapter 10 BARGAINING (page 365)

COLLECTIVE AGREEMENTS RATIFICATION MEDIATION (CONCILIATION) TERMS OF COLLECTIVE AGREEMENTS (page 368) - The completed collective agreement must satisfy certain requirements, o Such as having a term of at least 1 years. - If the parties have placed no time limit on the agreement, o It will be deemed to be for one year. - Federally, when the labour relations board has imposed a collective agreement on the parties, o its term will be for two years - Collective agreements: o May have automatic renewal clause So that if no notice to bargain is given at the appropriate time, the contract will automatically be renewed, Usually for another year o Retroactivity Matter to be negotiated by the parties; If the new collective agreement is to apply retroactively, Any changes in terms (such as a new rate of pay) will take effect from the date the old agreement expired

ARBITRATION - all collective agreements must contain provisions for the settlement of disputes arising under the agreement. o This is usually accomplished through a grievance process That ultimately leads to arbitration CASE 10.13THERE IS A TIME TO GRIEVE AND A TIME TO SUE Goudie VS Ottawa (city): OTHER TERMS

STIKEES & LOCKOUTS -

(page 370)

Lockout: (done by employER) o A lockout is action taken by the employER to prevent employEEs from working and earning wages. Strike: (done by EE) o A strike is the withdrawal of services by employees Strike: o Usually consists of refusing to come to work o Or intentional slowdowns Other forms of interference with production may be classified as strikes. EX: o Postal employees announced just before Christmas 1983 that they would process Christmas cards with 10-cent stamps on them despite the fat that the appropriate rate was 32-cents per letter This action was taken to draw attention to the fact that certain commercial users of the postal system got a preferential bulk rate not available to the public The courts declared that the action was a strike. Since a strike would have been illegal under the cirumstances, the union reversed its position. EEs can pressure

CASE 10.14 (page 370-371) THERE IS NO GUARANTED RIGHT TO STRIKE Ontario Hospital Association VS. Ontario Public Service Employees Union Health workers in Ontario had been without a contract for over 300 days when they decided to hold a protest. On this day, o The EEs would Not work, o But the EEs would hold rallies o And EEs would do other things to bring their plight to the publics attention, Including picketing at various health-related institutional locations. o The employer claimed this was an illegal strike, Because health EEs in ON were prohibited from striking under the Hospital Labour Disputes Arbitration Act. o The Union claimed that this was a political protest rather than a strike

And to picket was protect under the Charter of Rights and Freedoms. - The Board held that this was indeed an Illegal withdrawal of services amounting to a prohibited strike o While the unions political communications were protected under section 2 (b) of the Charter (freedom of expression), o Its right to strike was not - Any restriction on its freedom of expression in connection with prohition of strike action was also supported as a reasonable exception to its freedom of expression under section 1 of the Charter.

PICKETING - use of picketing is severly limited and controlled - picketing involves strikets standing near, or marching around, a place of business, trying to Dissuade people from doing business there . - Picketing is o Permissible only when a lawful strike or lockout is in progress Employees who picket BEFORE proper notice has been given, Or somewhere Not permitted under the labour legislation, Are in VIOLATION of the LAW. o A picketer responsible for communicating false information to those who might cross the picket line can be sued for defamation. - WHEN THE INFORMATION COMMUNICATED DOES NOT try to discourage people from crossing the picket line, or dealing with the employer, o The action may Not qualify as picketing Picketing: o Must be peaceful o Must merely communicate information Violence will not be tolerated. Tort action for trespass may follow the violation of private property. o If Violence erupts; The assaulting party may face criminal and civil court actions. o When picketing goes beyond the narrow bound permitted in common law and legislation: The employER can resort to the courts of labour relations boards to get an INJUNCCTION to limit or prohibit the picketing o The employer can apply to have the number of picketers restrictedwhen: Using an excessive numbers of picketers As with mass picketing,

This goes beyond simple information communication And BECOMES INTIMIDATION (when there is an excessive number of picketers, which is the case that exists with mass picketing.) Although picketing limited in this way may seem to ba an ineffectual weapon, o There is an extremely strong tradition among union members and many others Never to cross a picket line. Others simply wish to avoid the unpleasantness of a confrontation. Employers must deal with other businesses that employ union members, And these workers generally will not cross the picket line. o It eventually becomes very difficult to continue in business surrounded by a picket line. Which locations can be legally picketed varies with the jurisdiction. o Employees in every jurisdiction can picket the plant or factory where they work. o In some jurisdictions, such as New Brunswick, SECONDARY PICKETING is allowed, And striking employees are able to picket their own workplace, AND ALSO OTHER LOCATIONS WHERE THE EMPLOYER CAARRIES ON BUSINESS Anyone has the legal right to cross a picket line o Customers are free to continue doing business with an employer involved in a strike or lockout; o Suppliers are free to continue supplying goods and services to the employers if they can persuade their employees to cross the picket line; o And the employER has the right to continue normal business activities. Unfortunately, Picketers can lose sight of these basic rights When they think their picket line is not being effective. o As a result, o A considerable amount of: Intimidation; coercion, violence, and injury. o Still takes place, o despite all of the precautions that have been introduced into the labour relations systems

Case 10.15 (page 372) LEAFLETING & PICKETING DISTINGUSIHED: United Food and Commercial Workers (UFCW) VS Kmart.

In British Columbia, the legislation PROHIBITS SECONDARY PICKETING o (Secondary picketing=picketing at a location other than where the EmployEEs work) employees, o who were locked out from the Kmart department stores, o in Campbell River and Port Alberini Employees handed out leaflets o to customers in KMart stores in the Vancouver and Victoria areas, leaflets were explain the nature of their complainst against the company and eoncouraging them Not to shop at Kmart In British Columbia, the legislation PROHIBITS SECONDARY PICKETING o (Secondary picketing=picketing at a location other than where the EmployEEs work) issue was whther this leafleting qualified as prohibited secondary picketing. o

PUBLIC SECTOR & ESSENTIAL SERVICES (page 373) - this is about the public sector, - and about the people that are employed by the public sector, or in service industries that are considered essential to society o such as: Hospitals Police departments And fire departments EX(School teachers, hospital workers, firefighters, police) - Strikes by the public servants are considered inappropriate by members of the public - Employees in the public sector, and this overall category-- are treated differently than those that are employed by the private industry/sector o And special legislation governs their activities - The government and the public regard the position of public service employees as quite different. o Strikes by police firefighters, hospital workers, schoolteachers, and other public servants are usually considered Inappropriate by members of the public - Every province has special legislation to deal with these groups. o Most provinces permit collective bargaining to some extent, But only a few allow public-sector employees to participate in strikes and picketing, - The others substituting some form of compulsory arbitration of disputes. o In all labour disputes, including private ones, the government retains the right, either by existing statute, or by the passage of a specific bill,

o to impose a settlement, or an alternative method of resolving the dispute, such as compulsory arbitration UNION ORGANIZATION (page 374)

Trade unions are democratic organizations o In which policy is established by vote. o Executives and officers are elected Members can be expelled or disciple for misbehavior\ o EXCrossing picket lines after being instructed not to by the union executive. Expulsion can be devastating for a worker o Since many collective agreements provide for a union ship in which all employees must be a members of the union Some jurisdictions have passed legislation stipulating that: o a person who loses her union membership o for reasons other than failure to pay dues o will be able to retain employment. Some employees whose religious beliefs prevent them from joining or contributing to such organizations as trade unions, o Which presents a real dilemma in a union shop situation o Some governments have passed legislation exempting such individuals from joining unions; Dues are still deducted But are paid to a registered charity o The other terms of the collective agreement still apply Trade unions are subject to human rights legislation. o In some jurisdictions, The labour legislations provides that they can: Be denied certification, OR lose their status, as a trade union, o IF THEY DISCRIMINATE Unions have an obligation to represent all their members fairly. o Employees who feel UNFAIRLY treated by the union, o Or who feel that the union is not properly representing them in disputes with employers, can lodge complaints with the Labour Relations Board. o The union may find itself required to compensate the wronged employees. Unions can expel for misbehavior Trade unions overseen by labour relations boards and courts o o Trade unions were once considered illegal organizations o with No status separate from their membership

o and therefore no corporate identity Most provinces have passed legislation giving a recognized trade union o the right to sue or be sued on its own behalf at least for the purposes outlined in the labour legislation

CASE 10.16 (page 375) Union Has Duty o Fair Representation:Dexentje Vs. Warchow Employer usually gave employees extended leaves of absence rather than layoffs. In case: o 3 employees were laid off by employer o While other employers were given leaves of absence o 3 workers went to their union representative for advice about filing a grievance o The union did not help them very much o They were told that they had a negligible chance of success. o They filed a complaint against the union under a provision that imposed a duty of fair representation on the union. (In case, the) Labour Relations Board: o Found that they had a modest chance of success, o And that the union had an obligation to represent them and to help them pursue the grievance. In refusing to do so, it had failed its obligation of fair representation. Damages were awarded on the modest chance of success o One employee was awarded higher damages Because the EmployER had offered to rehire him, And the union had failed to convey the offer to him. An application for judicial review was made: o to the Court of Queens Bench o Which overturned the decision o On the further appeal to the Cour of Appeal the original decision was RESTORED. o The board had dealt with matters within its area of expertise and had done so reasonably. o There was evidence that the union representatives had not acted with honesty, or good faith, and that the remedies imposed had been appropriate