CLV Special Report - Recent Developments in Union Certification and Decertification An Employer's Guide to the Acquisition and Termination of Bargaining Rights in Ontario

Mathew L.O. Certosimo; Michael Fitzgibbon

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This Special Report highlights the dramatic and far-reaching changes that have taken place in the way bargaining units are certified and decertified in Ontario. Changes in legislation have addressed several employer demands and created a new regime for organizing workplaces, displacing unions and decertifying bargaining units. An analysis of the decision in the recent Baron Metal Industries case outlines just how far the Labour Relations Boards powers have changed and how its authority will be applied in the future. This Special Report leads the reader, step-by-step, through the certification process from the initial application to the vote and the post-vote litigation. And while the employer is not required to stand by during a unionization drive, the range of acceptable responses is strictly limited. For employers in this situation, a detailed list of Dos and Donts will guide management in what actions are legal and which might attract an unfair labour relations practice allegation. Table of Contents Introduction The Acquisition of Bargaining Rights Methods of Acquiring Bargaining Rights Threshold Issues Unfair Labour Practices Anti-Union Effect Anti-Union Intent Employer Free Speech versus Business as Before Remedies Post Wal-Mart Employer Dos Employer Donts The Termination of Bargaining Units Conclusion Endnotes Appendices.


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Labor and Employment Law


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