Reference no: EM133436022

"In Ontario, British Columbia, Manitoba, New Brunswick, Nova Scotia, Prince Edward Island, and the federal jurisdiction, labour relations boards have the authority to certify a union as the bargaining representative of employees as a remedy for serious unfair labour practices. The theory underlying "remedial certification" is that some illegal acts by the employer will convince employees that joining a union could result in reprisals by the employer. In that case, it is unlikely that the true wishes of the employees could ever be measured by taking a representation vote. This exercise involves finding and summarizing a remedial certification case."

1 Go to the CanLII home page: www.camlii.org
2 In the "Document text" search box, type "remedial certification" and "union." Start the search.
3 Scroll through the decisions and look for a case in which the labour relations board was asked to rule on a union's argument that remedial certification should be ordered. Read the decision and answer the following questions:
a. What jurisdiction is the case from?
b. What was the employer's conduct that is alleged to be unlawful?
c. Did the labour board find that the employer committed an unfair law practice?
d. If so, did the labour relations boar order remedial certification?
e. Describe the labour relations board's reasoning on the question of
whether remedial certification should be ordered.
f. What remedies other than remedial certification were ordered?
g. Do you agree with the decision? Explain your answer.
Doorey, D.J. (2017). The Law of Work: Industrial Relations and Collective Bargaining. Toronto: Emond.