JS380 Lecture Notes - Canada Industrial Relations Board

• School: University of Regina
• Department: Justice Studies
• Course: JS380
• Professor: Stefan Idziak

Document Summary

Unfair labour practices during organization the employer has an incetive to try and derail certification because unionization will cost money and cut into profits labour legislation seeks to avoid this by prohbiting unfair labour practices. Most commonly occur during organization, because this is the employers best chance to derail the union entirely. Board may order reinstatement or damages, or may immediately certify union. Where a decision is motivated even in part by animus, this is an unfair labour practice: burden on employer to disprove animus. Duchesnau v. conseil de la nation huronne-wendat [1999] cirb no. 1 (canada industrial. He says it is due to animus, the employer calims it is from workplace misconduct, amounting to fraud: but p was acquitted at a preliminary hearing of all criminal charges. Analysis code provides that workers have right to select bargaining agent. During organization drive, board is particularly careful to protect employee rights and will ensure no employer animus.