Do unionized employees with Human Rights complaints against their employer need to file a grievance under their collective agreement An employer has just cause to terminate an employee for inappropriate, sexually harassing comments and refusing to apologize, the Ontario Court of Appeal recently held. An omnibus bill introduced today by the Ontario government called the Working for Workers Act includes provisions prohibiting non-compete clauses for employees.
Sign Up for our free News Alerts - All the latest articles on your chosen topics condensed into a free bi-weekly email. Register For News Alerts.
Article Tags. Miller Thomson LLP. Rogers Partners LLP. NOV Securitisation Outlook and Key Tax Updates for More Webinars. Artificial Intelligence. Aviation Regulation. Banking Regulation. Data Privacy. Mondaq Advice Centres. Labour and Employment. Competition and Antitrust. Environmental Law. Tax Assistance. More MACs. DEC The Buildings Show More filters.
Please Login to Mondaq or Register for unlimited free access and a complimentary news alert. News Alert. Login to Mondaq. Not registered? In either situation, a union applying for certification, must be able to show that a it is a trade union; b the application is timely; c the unit which it seeks to certify is an appropriate bargaining unit; and d it has the required number of employees to be certified.
Typically, the first requirement is not an issue because the union making the application is an established trade union. Generally speaking, if there is no collective agreement in force and no union has been certified as the bargaining agent for the proposed unit, a union can apply for certification at any time.
There may be issues however if the employees are already certified by another union often referred to as a raid. In subsequent applications, the Board also considers the bargaining history between the parties and the practice and history of bargaining in the industry or sector. There may be other tactical reasons why an employer would also want to exclude certain employees based on exclusions recognised in the respective labour legislation, such as management, confidentiality and management team exclusions, and arguments that certain employees such as casual and part-time employees lack continuity of employment.
This vote is by secret ballot. The Board will certify the union if the majority of employees who vote , favour representation and the Board is satisfied that the proposed unit is appropriate. If the employer or union disagrees on the appropriate bargaining unit or people entitled to vote, the Board will hold the ballots from the representation vote unopened , until that issue is resolved.
Employees have the right to join a trade union and practices that could interfere with this right are prohibited by the Code as unfair labour practices. Thus, one of the key things that an employer must guard against during an organizing drive, is the possibility of committing an unfair labour practice. The NLRB representative will provide a box to collect the paper ballots from the employees and stand there as the ballots are deposited.
The ballots will be counted at the NLRB and if there is sufficient number, then the union will be certified. As the employer, you must provide the location for the ballot. You cannot interfere in any manner with the ballot or discourage employees from voting. Once the union is certified, the employer and union must begin working on the collective bargaining agreement. The collective bargaining agreement defines the contract for all the members of the union and will take precedence over the existing contracts.
Several items that will be negotiated include salary and salary increase increments; work hours and break times; types of insurance plans; calculation of vacation time and sick days; and other issues, such as mileage or uniform costs. After union certification, an employer must bargain in good faith with the union officials for the member's contract. Good faith is objectively measured by looking at the conduct of both parties, such as scheduling frequent negotiations and the person at the table having the authority to resolve the issue.
While the negotiation continues, the employer cannot lower pay rates or change benefits as these are frozen until the new contract is accepted.
0コメント