-F: ER re-locating to Hamilton in less unionized area. U didn’t know, didn’t ask. -L: There is an oblig on ER to respond to inquiries about existence of CO plans that have significant impact on the BU. However, NOT a duty to reveal plans (that are not at least “de fact” decisions). CRITIQUE: INCONSISTENT WITH DUTY TO BARGAIN IN GOOD FAITH. What else do you have disclosure for? Does not distort the bargaining process, and has great benefit to the U. SOMETHING PRODUCTS CASE? S78: LAST VOTE -Another way the legislature supervises the STRIKE/LOCKOUT weapons. -ONLY exception in the LC to ‘exclusive bargaining relationship’: ER gets to circumvent union and go straight to a VOTE. Meant to get around UNION not rep’ing concerns of EE’s. -Essential component: EACH OF THE TERMS IN LAST VOTE HAS TO HAVE BEEN PUT TO UNION AS PACKAGE AND REJECECTED FIRST. -Can’t put in “signing bonuses”.. -Board recognizes important benefit to ER in this: Just by having resort to it. -Only allowed once. -May be an issue if ER makes offer and withdraws it Notice to Bargain: New Bargaining Agent 45 (1) When the board certifies a trade union as the bargaining agent for employees in a unit and a collective agreement is not in force, (a) the trade union may by written notice require the employer to commence collective bargaining, or the employer may by written notice require the trade union to commence collective bargaining, and Continuing Bargaining Relationship 46 (1) Either party to a collective agreement, whether entered into before or after the coming into force of this Code, may at any time within 4 months immediately preceding the expiry of the agreement, by written notice require the other party to commence collective bargaining. THE THIRD Statutory Freeze Within this Process: -45(1)(b) for FIRST CA: 4 months or CA is executed (whatever first), and s45(2): after notice given, and term expired, cannot ER alter terms until strike or lockout (whichever first). Choice between mediation or economic sanctions: -s74 or 55.. but in BC, you have to serve notice before strike.
-F: ER re-locating to Hamilton in less unionized area. U didn’t know, didn’t ask. -L: There is an oblig on ER to respond to inquiries about existence of CO plans that have significant impact on the BU. However, NOT a duty to reveal plans (that are not at least “de fact” decisions). CRITIQUE: INCONSISTENT WITH DUTY TO BARGAIN IN GOOD FAITH. What else do you have disclosure for? Does not distort the bargaining process, and has great benefit to the U. SOMETHING PRODUCTS CASE? S78: LAST VOTE -Another way the legislature supervises the STRIKE/LOCKOUT weapons. -ONLY exception in the LC to ‘exclusive bargaining relationship’: ER gets to circumvent union and go straight to a VOTE. Meant to get around UNION not rep’ing concerns of EE’s. -Essential component: EACH OF THE TERMS IN LAST VOTE HAS TO HAVE BEEN PUT TO UNION AS PACKAGE AND REJECECTED FIRST. -Can’t put in “signing bonuses”.. -Board recognizes important benefit to ER in this: Just by having resort to it. -Only allowed once. -May be an issue if ER makes offer and withdraws it Notice to Bargain: New Bargaining Agent 45 (1) When the board certifies a trade union as the bargaining agent for employees in a unit and a collective agreement is not in force, (a) the trade union may by written notice require the employer to commence collective bargaining, or the employer may by written notice require the trade union to commence collective bargaining, and Continuing Bargaining Relationship 46 (1) Either party to a collective agreement, whether entered into before or after the coming into force of this Code, may at any time within 4 months immediately preceding the expiry of the agreement, by written notice require the other party to commence collective bargaining. THE THIRD Statutory Freeze Within this Process: -45(1)(b) for FIRST CA: 4 months or CA is executed (whatever first), and s45(2): after notice given, and term expired, cannot ER alter terms until strike or lockout (whichever first). Choice between mediation or economic sanctions: -s74 or 55.. but in BC, you have to serve notice before strike.
ADJUNCT_91_Fall_2015_Dawid_Cieloszczyk.docx