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Chapter 19

Management and Organizational Studies 2275A/B Chapter Notes - Chapter 19: Picketing, Bargaining Unit, Wrongful Dismissal


Department
Management and Organizational Studies
Course Code
MOS 2275A/B
Professor
James Hildebrand
Chapter
19

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MOS 2275
Chapter 19
Fourfold test: a test for employment based upon (1) ownership of tools, (2) control,
(3) chance of profit, (4) risk of loss.
Organization test: a test for employment based upon an examination of the
services in relation to the business itself.
- Distinguish between employees and independent contractors.
Duty to Accommodate: the obligation on an employer to adjust work for an
employee with a recognized disability.
Wrongful dismissal: the failure of an employer to give reasonable notive of
termination of a contract of employment.
Just cause: the onus on the employer to establish grounds for termination of an
employee without notice. (Improper employee behaviour)
Constructive dismissal: employer termination of a contract of employment by a
substantial, unilateral change in the terms or conditions of employment.
Certification process: a process under labour legislation whereby a trade union
acquires bargaining rights and is designated as the exclusive bargaining
representative of a unit of employees.
Bargaining unit: a group of employees of an employer represented by a trade union
recognized or certified as their exclusive bargaining representative.
Strike: in a labour relations setting, a cessation of work by a group of employees.
Lockout: in a labour relations setting, the refusal of employee entry to a workplace
by an employer when collective bargaining with the employees fails to produce a
collective agreement.
Picketing: the physical presence of persons at or near the premises of another for
the purpose of conveying information.
Secondary picketing: picketing at other than the employer’s place of business.
Collective agreement: an agreement in writing, made between an employer and a
union certified or recognized as the bargaining unit of the employees. It contains the
terms and conditions under which work is to be performed and sets out the rights
and duties of the employer, the employees, and the union.
- Sets out rights and duties of employer and employees, and bargaining agent.
- Agreement that is sometimes negotiated under conditions that would render
an ordinary common law contract voidable.
- Must include clause whereby the employer recognizes the union as the
exclusive bargaining representative of the employees.
o This is written acknowledgment by the employer
o Recognition of the union as the exclusive bargaining representative,
prevents from negotiating with any other union
- No strike or lockout
- Arbitration: a process for the settlement of disputes whereby an impartial
third party or board hears the dispute then makes a decision that is binding
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