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JS380 (30)
Lecture

lec 17.docx

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Department
Justice Studies
Course
JS380
Professor
Stefan Idziak
Semester
Winter

Description
Lecture 17: Timeliness of Certificatino and Decertification Applications  basic principle is that union may apply to certify annly unit that is not already covered by bargain at any time. o however, there are bars designed to balance the need for stability against the need to allow employees to get rid of a union it isn't satisfied with and the need of the employer to avoid constant certification campaigns  Typically a union that has failed to organize a workplace is barred for a period of time for apply for certification of the same workplace. o cannot attempt to certify over and over o s. 19 in BC  22 months between attempts to certify o s. 19 also sets out "open season" for decertification and "raids"  only in the 7th and 8th month after an agreement  Process to decertify o 45% support, then grace, then vote.  where the unit is already reprsented by another union, bars are tighter for rival unions attempting to raid. o typically newly established unions get around a year where they cannot be raided or dsiplaced o may be extended by legal strike and lackout.  where collective bargain achieved, rival unions have limited periods where they can campaign "open season" o in BC, 7th and 8th month of each year  If fraud shown by union during certification, union decertiifed.  Decertification follows same timeliness requirements as decertification by a rival union.  If trade union fails to negotiate, renew or administer a collective agreement for a very long time, it may be viewed as having abadoned right Successor Employers  typically a change in corporate identity of the employer terminates the collective bargain by common law  statute sets out provisions that may carry over the collective bargain to new corporate body. o typically only where the business is sold, but courts have been flexible in application  basically where there is a sale of a business or part of a business, the bargaining rights attach to the new employer o where everything is liquidated, may not truly be sale of a business o contracting out is NOT successorship  transfering the work, not the business  Canada Post fought hard against contracting out to 7-11, but in most of the cases the Board found it was not a sale of business Ajax (Town) v. National Automobile.... (1998) ONCA, Upheld by SCC Facts  Town contracted bus drivers from Business for some years  Decided it wanted to take back the bus service into direct control, ended contract with B  Hired own staqff, much of whom formally worked for B  Union wants declaration that this was sale of the business and so collective bargain should be carried over, and Labour Board Agreed Analysis  statute sets out the succession rules. o when an employer sells business to successor, collective bargain carries over o so was this a sale of business with town as successor?  SOR here patent unreasonable.  Key part of the contractual relationship was the town's desire to have a stable busdriving workforce who knew the routes and allowed passsenger recongition  when hiring workforce after terminating K, key goal of twon was to acheive "substantial continuity" in workforce.  Board concluded that the stable workforce was the must valuable part of B's business  by acquiring the workforce previously employed by B, the town transferred to itself an essential element of that business o this was sale of a business in the board's view.  Div. Ct. disagreed, finding no legal nexus or connnection here tantamount to a sale.  CA thinks the statutory definitino is inclusive, including all manners of dispositions. o "other disposition" convers pretty much any kind of transaction.  Since hte primary part of B's business was the provision of skilled employees, and the employer took these employees, the town had aquired a part of B's business and was a successor employer o the Town took not just the work formerly down by the charterways, but also the
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