OLRA and unionization

Appropriate Bargaining Unit

A group of employees that the Ontario Labor Relations Board determines is suitable for collective bargaining

• criteria: community of interest, employer’s organizational structure, the wishes of the union and employer

Card based certification

• A union can be recognized as the bargaining agent without the vote if majority support is demonstrated by employees signing membership cards

• Before Bill 7

certification

The official recognition granted by the labor relations board that the specific union is the sole and exclusive bargaining agent for all employees within a defined bargaining unit

community of interest

key criterion used by the OLRB to determine an appropriate bargaining unit

• considers factors shared among employees such as nature of work, conditions of employment, skills

decertification

legal process where employees can remove a union’s certification as their bargaining representative

• requires a petition with at least 40% support and a subsequent vote where a majority of members vote in favor of decertification

experience good

economic concept applied to union membership, suggesting its true value is unknown until it is directed experienced

• makes it hard to ‘sell’ unionism to nonmembers who have not had that firsthand experience

final contract arbitration

• if a newly certified union and an employer cannot negotiate a first collect agreement, either party can apply to have an arbitrator settle the dispute and impose a contract, which has a minimum duration of two years

freedom of association

the right to meaningful collective bargaining, including constitutionally protected right to strike

hyman’s model

• used to understand the strategies and structures of unions

• external triangle of class, market, society to analyze union identity

• highlights the variable geometry of unions adapting to different economic and social contexts

bespoke organizing

grassroots unionization effort initiated and led by workers without the official involvement or resources of a large established union

• amazon labor union

Ontario Labor relations act

• primary statute governing labor relations in ontario

• outlines the processes for union certification, collective bargaining, the resolution of labor disputes

Ontario labor relations board

the independent, quasi judicial tribunal that administers and interprets the ORLA

• granting union certifications, determining appropriate bargaining units, ruling on unfair labor practice complaints

Remedial certification

A remedy where the OLRB certifies a union even if it lacks adequate membership support as a penalty against an employer for committing serious unfair labor practices that the employee’s true wishes cannot be determined through a vote

Successor rights

if a business is sold, the new owner is bound by an existing union certification and collective agreement

• can also be applied if the new entity is created that is substantially similar to the original unionized business

Unfair labor practice

an action by an employer or a union that interferes with the rights of employees under labor legislation

• employer firing a union organizer

• A union intimidating an employee to join

Voluntary recognition

A method of certification where an employer voluntarily agrees to recognise a union as the bargaining agent for its employees without a formal certification process through the labor board

• simple but rare

Vote based certification

• Union certification

• Where the secret ballot vote is mandatory in all cases

• Only if it first demonstrates a minimum level of employee support through signed cards and then wins more than 50% of the votes cast in the representation vote

Wagner Act

• 1935

• Landmark US labor legislation that established the legal right for most private sector workers to

• organize unions

• engage in collective bargaining

• take collection action (strikes)

• heavily influenced canadian labor laws