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Lecture 20

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Department
Justice Studies
Course
JS380
Professor
Stefan Idziak
Semester
Winter

Description
Lecture 20:Union Unfair Labour Practices  Unions may not coerce membership, but this is much rarer  Milnet Mines Ltd. (1953) OLRB and Canadian Fabricated Products Ltd. (1954) OLRB both deal with unions threatenign other unions with violence or economic retribution, and in both cases applications to replace the attacked union were denied. Remedies for Interference with the Right to Organize  remedies play particular role here because of the psychology of the relationship, the importance of time as a tactical consideration, and because after the breach the relationship continues.  Typically statute allows for quasi-criminal and administrative penalties. o offenses require leave from the board or minister to prosecute o admin penalties avaliable from the board.  Typically when employer unfairly dismisses or suspends, the remedy is lost wages/benefits. o does not address damage down to organizing effort as a whole  In Westinghouse, where the plant was moved to a less union-friendl place, the board gave the members right of first refusal with no loss of seniority, and relocation allowance. Also gave organizes significant access to new workplace.  In Radioshack, the court forced the MGMT to post a notice stating the employer had violated rights, etc. o as long as this is not punitive and simply compesatory, flows from the act then this is OK.  In BC, remedies are listed in s. 14 o damages o notice placed in workplace detailing violation o access to employee lists, address, phonenumbers o access to employers premises on employers time  possibly as a response to forced listening meetings  employees not required to come to these union meetings, but would be paid to do so by employer o reinstatment where unfairly discharged, possibly with compensation o automatic certification National Bank of Canada and Retail Clerks' International Union [1982] 3 Can. L.R.B.R.  Basically there was a three-day gap between certification and bargaining freezes, which the employer used to close the branch and transfer its accounts to a non- unionized branch. Analsyis  move was motivated by anti-union animus. o aimed at "getting rid of" the union. o wanted to show that trying to unionize was a mistake.  remedy was to make the union the representative of the new branch o however will have to earn support, so must have access, recruit members  aim seems to be ensuring that the employer can not be seen to benefit from its illegitimate behavior. o this was not challenged.  But part of the order was requiring the creation of a trust, and a letter essentially expressing contrition and describing the trust. Ratio:  Possible remedy: unionizing the new branch immediately National Bank of Canada v. Retail Clerks' International Union, [1984] 1 S.C.R. 269 Same facts as above. Analysis  begins at looking at some novel remedies, and notes that in all cases there is a realtionship between the remedy and the offence. o in Masicotte the board authorized the employee to deal with his own greivance, because the Union refused to handle it. o In Halifax Longshoremen's Association, the unions conduct deprived the P of work, so the P were granted membership to the union.  no such relationship between the trust fund an d the offence. o doesn't remedy or compensate o so should be set aside o trust intended to benefit all employees, even those not organized, but these employees weren't harmed by the employer's misdeeds.  since the letter describes the trust, it too should be set aside.  Beetz Describes this all as punitive, and the CLRB has no power to punish Ratio  Remedy must have a relationship to the offence  Remedy must be compensatory rather than punitive. Past Remedies  OLRB used to be able to grant interim relief pending a final disposition, which makes sense given the time sensitive nature of the proceedings o repealed in 1995  Until recently, the OLRD had the power to certify a union which had been the victim of serious unfair labour practices even if that union lacked majority employee support.  Used in the Wal Mart Case o there the impact of the employer's speech tur
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