BBUS 3841 _ Assignment 3

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Thompson Rivers University *

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Feb 20, 2024

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Assignment 3: Certification Process BBUS 3841 Labor Relations Assignment 3 Ojasvi Datt (OJ) # T00550448 Professor: Suzanne LeBlanc

Assignment 3: Certification Process Part A: Changes to Bargaining Units Successorship Case: Gibco and the Union and Calona Wines Ltd. In a previous case, Calona was a successor to Gibco where all employees in Schedule A were to be brought into Calona collective agreement. In this case, we see the union in pursuant of section 35, determinant of rights and privileges acquired by Dan Matthes was initially employed by Gibco later acquired by Calona. The case talks about Dan Matthes not being employed by Calona, who was part of Schedule A. The Union is making a case to give him his job as a brewer and his seniority back. Calona did not offer employment to Dan due to his previous performance issues with the previous employer. However, the Labour Board decided that Calona needs to instate Dan as a bottling line worker along with his seniority. Dan may apply for a brewer position when it becomes available. If any performance issues arise, they need to be dealt with the proper disciplinary process. I agree with this decision as there was no proof e.g . disciplinary actions or warning letters from the previous employer presented against Dan. Secondly, I fully support the Board’s decision that any performance issues need to be dealt with the proper procedures. If this case was represented in a media publication, be it unionized or non-unionized, the story would defiantly side with the Union. This is due to the fact that the employer didn’t abide by the rules and should have based their decision on a provable fact. Part B: Unfair Labour Practices After going through the case study of Mark and Kelly, I can say that Kelly didn’t handle the situation well with Mark. Although Kelly’s retail store was not going through a certification process, an unfair Labour practice complaint cannot be filed against the employer. There are a total of 8 sales employees and only 2 have shown interest before the certification process. Once the certification process begins, the employer cannot change any terms and conditions of the employment and business must stay stable. I commend Kelly for being up front with the employees in her initial meeting advising

Assignment 3: Certification Process them of the situation. I personally feel the 10% reduction is a band aid solution to the problem. Unless Kelly believes the sales would pick up for her company in the future. Usually in a situation like this, a percentage of the staff could be laid off considering their years of service and severance packages. In my initial college days, I worked as a food service employee for a unionized catering company that operated in the colleges. In the summer months, there would be massive temporary layoffs as students typically didn’t register for summer school. This was a normal every year ritual. Staff with the most seniority would stay behind, picking up a few shifts when made available. All the laid off employees were called back in August - September when classes and colleges went back to the normal schedule. Part C: Comparing the Canada Labour Code certification process with the certification process under the BC Labour Relations Code. Both codes are pretty much identical. In both, employees can pick a union or can form their own to represent and bargain with the employer. The two main contrasts between Federal and BC certification process are: 1. Federal employees use the one step process for determining the eligibility of workers who support the union. They employ the Card-Check or Automatic certification. Whereas the BC province, uses the two-steps method. Where the union first submits cards on behalf of a certain percentage of workers (BC 45%). Followed by a secret ballot vote conducted by the Board, if the 45% is achieved. Please review the highlighted process below. 2. In the Canada Labor Code, employees must fall within federal work whereas BC province Code involves workers within that province.

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Assignment 3: Certification Process Response to the Application for Certification Application for Certification if filed if enough cards collected Union collects union membership cards from employees. Employer disagree with the Union's proposed grouping & can suggest a different grouping of employees. Employer can agree with the Union's proposed grouping of employees Has a % of Union Support Labour Board begins process of deciding if Union represents a majority of employees. Eligible workers that support the union Number ofEligible workers: Board to decide what grouping of employees is eligible to participate in the decision Mandatory Ballot (Ontario, British Columbia, Alberta) Card-Check or Automatic Certification ( Federal and Manitoba) Union needs to submit union membership cards on behalf of a majority of employees in the bargaining unit. If the %satisfied Union submits cards on beha of a certain percentage of workers (BC, 45% Ontario 40

Assignment 3: Certification Process Part D:

Assignment 3: Certification Process Bank Workers' Union (BWU) realizes that the male tellers at the main branch of the credit union are very anti-union. Therefore, BWU decides to only apply for certification for the female tellers at the branch. The BWU will not succeed with the certification process due to: 1. The Rand Formula states Union dues is mandatory regardless of the worker's union status. This is to ensure that no employee will opt out of the Union simply to avoid dues and reap the benefits of collective bargaining e.g. Higher wages and or Health coverage. 2. The Union does not choose the group of employees it wants to certify. To avoid situations like these, a whole body of law has emerged on the issue of whether the unit applied for is an appropriate unit for collective bargaining. The Board considers the community of interest test which checks if the employees in the group for which the application is made share a sufficient community of interest. 3. Finally, choosing the female workers over the male counterparts would violate the Section 14 of the Human Rights Code, Chapter 210. “A trade Union, employers' organization or occupational association must not (a) exclude any person from membership, (b) expel or suspend any member, or (c) discriminate against any person or member because of the race, color, ancestry, place of origin, political belief, religion, marital status, family status, physical or mental disability, sex” . The test for the Union would be more difficult if there was already a certified bargaining unit in the workplace. The Board is somewhat lenient when it comes to the formation of the first Union in a work place. In a scenario, were a few employees are already certified by the Clerical Workers’ Union, it would be difficult to form an additional bargaining unit. The Board should consider another community of interest test to check how are the tellers different from the workers already certified under the Clerical Workers Union. The Board can also check if the tellers can be included in the CWU based on the community of interest test:

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Assignment 3: Certification Process 1. Similarity in skills, interests, duties, and working conditions. 2. Physical and administrative structure of the employer. 3. Do the employees share duties and fill in for one another 4. Geography References 1. 2017 Issued Decisions *. (n.d.). Retrieved April 01, 2017, from http://www.lrb.bc.ca/decisions/B322$1996.pdf 2. Justice, M. O. (n.d.). Law, Crime & Justice. Retrieved April 02, 2017, from http://www.bclaws.ca/Recon/document/ID/freeside/00_96210_0 3. http://www.cirb-ccri.gc.ca/eic/site/047.nsf/eng/00105.html 4. The Trade Union Certification Process. (n.d.). Retrieved April 03, 2017, from http://www.lrb.bc.ca/bulletins/certification.htm 5. Guide to the Labour Relations Code Province of British Columbia. (n.d.). Retrieved April 03, 2017, from http://www.lrb.bc.ca/codeguide/chapter4.htm

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