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Lecture

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Department
Justice Studies
Course
JS380
Professor
Stefan Idziak
Semester
Winter

Description
Lecture 18: Union shop/Closed Shop  only union workers can be employed at the workplace  must be bargained for. Metroland Printing, Publishing and Distributing Ltd., [2003] OLRD  Large publisher of papers o has sales and distribution deparment o also has some temp/part-time workers o some cooperative student employees o all of permanent employees began as part-time Analsyis  employer wants part-time and temp workers in seperate bargaining units o argues that full-time and other workers not in acommunity of interest  paid differently, receive different benefits, work on different schedules  Determining the bargaining unit is a public policy decisimn aimed at nehancing collective bargaining and ensuring a more harmonious relationship. o not aimed at the simplest possible adminsitration  Employer says two requirements for finding an appropriate bargaining unit o sufficient community of interests o no serious labour relations problem for employer.  Board agrees as to two requirements above o but no assumption that part-time employees have a different community of interests. o more productive to focus on concrete problems o Employees of the same employer will generally be found to have sufficient community of interest to bargain together unless the placement of them in the same bargaining unit creates serious labour relations problems.  Here no differences that would be likely to create serious labour relations problems.  Employers suggestion would fragment bargaining unit in in appropriate way  Broader based bargaining units are better o more stable, more critical mass, easier to administrate  Fragmented unit s may cause problems o serious striking issues, lmore difficult barganing  so there is a persumption that more comprehensive bargaining units are approrpiate  here workplace small already, employers suggestiong would have 3 or 4 unions in an already small workplace. o makes no sense to hive off 2 employees into sepearte barganing unit. Ratio:  To Determine appropriate bargaining unit o sufficient community of interests o no serious labour relations problems for the employer Island Medical Laboratories, BCLRB  contains test for appropriate bargaining unit o key principles are industrial stability and access to collective bargaining o industrial stablity usually served by a single bargianing unit of all employees, small bargaining unit may be appropriate where the proposed members have a sufficient community of interest  Four factors determine community of interest o similarity in skills, interests, duties and working conditions o physical and administrative structure of the employer o function integration o geography  These four factors may be relaxed to facilitate access to collective bargaining in traditionally difficult to organize sectors Sidhu and Sons 2008  Union applied for certification of a bargaining unit comproised of migrant workers  employer says migrants do the same work as domestic farm workers, so should be in same unit o employer thought unionization less likely in larger, diluted unit o foreign workers appeared more pro-union o plus if it succeeded, it would be a very weak union since part of the unit had no choice but to work there  Union says this is true, but the unique employment status, and terms and conditions of employm
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