Title: Online Course Assignments: Module 3 Discussion and Assignment Workbook 

Contents

Module 3 Discussion

Topic 1: Steps in the Certification Process in BC

Activity 2: Two Models of Certification

In the recent past, British Columbia used the card model like most of provinces. Under this model, if the union can receive an adequately big percentage of signed membership cards (usually 55 per cent), then certification is granted automatically without a vote. Under the card model, it is only if the union receives a borderline percentage of signed membership cards (in British Columbia, it was between 45 and 55 per cent) that a secret ballot vote was held. The vast majority of certifications are granted without the need for a vote.

In your reflective journal, discuss if you think the card model or the secret ballot model must be used. Why do you think British Columbia moved away from the card model?

Number of words: 389

Activity 3: Rand Formula

In your reflective journal, answer the following questions:

(i) Should Canada have right-to-work laws, such as those that are found in the United States?

(ii) What do you know about how the Rand formula is applied in other provinces?

(iii) Do you feel that an individual should be able to use the Rand formula to obtain the terms of the collective agreement and yet not be obligated to become a member of the union? Have you ever been in this situation?

(iv) How do you think unions feel about the Rand formula clauses?

Number of words: 587

 

Topic 2: Unfair Labour Practices

Activity 5: Unfair Labour Practices of Employers and Unions

Read summaries of two(2) unfair labour practice complaints against employers— Cardinal Transportation B.C. Incorporated, BCLRB No. B344/96 and Forano Limited, BCLRB No. 2/74. In your reflective journal, compare and contrast the decisions in the two cases. Do you agree with the decisions?

Read a case involving the British Columbia (BC) Lottery Corporation and the BC Government and Service Employees' Union about an unfair labour practice accusation against a union. Do you agree with the decision?

Number of words: 1,311

Activity 6: Perceptions

Read the Wal-Mart case study on pages 203-205 of the textbook. In your reflective journal, consider if you agree with the decision in this case. Consider how your perception of "intimidation" might differ from other people's perception. What should Wal-Mart have done differently?

Number of words: 420

 

Topic 3: Employer Objections at the Certification Hearing

Activity 7: Certification Process

Read the British Columbia Labour Relations Board Bulletin on the Certification Process at their website. To help you to understand the certification process by looking at it visually, create a visual representation of the process (for example, a flowchart) in your reflective journal.

Number of words: 463

 Activity 8: Appropriate Bargaining Unit 

Read the summary of the Island Medical Laboratories Case. In your reflective journal, comment on if you think the decision in this case would have been different if the medical laboratory technologists at the four lower Vancouver Island sites routinely filled in for the technologists at the upper Vancouver Island sites.

Number of words: 451

Activity 9: Membership Cards

Suppose that you are the adjudicator at the Labour Relations Board. An issue has arisen at a certification hearing in December of 1993 about if a particular membership card could be included in the union's evidence. With this card, the union has the required support for certification; without it, it does not.

The problem with the membership card is that, while it is signed, it is only dated “October 19.” No year is stated. Nonetheless, there is evidence that the employer only came into being in 1992, and further, that the Board Regulation stipulating that the cards must be signed and dated only came out in January of 1993. The union is arguing that the only year for the card to have been signed in is therefore 1993.

In your reflective journal, write a one-paragraph decision on if you would permit this membership card to be used by the union. In your paragraph, apply the knowledge about the membership cards requirements that you learned in this topic.

After completing your evaluation, read the actual case and the way the Labour Relations Board decided the issue in M3 STEEL (KAMLOOPS) LTD., CANADIAN IRON, STEEL AND INDUSTRIAL WORKERS' UNION LOCAL #1, and UNITED STEELWORKERS OF AMERICA, LOCAL 1037

Number of words: 221

Activity 10: Exclusions

Read the Labour Relations Board Bulletin on “Inclusion In and Exclusion from Bargaining Units” at BC Labour Relations Board website.

In your reflective journal, write a description of the responsibilities of your current supervisor, a past supervisor, or you yourself (if you are a supervisor). If a union were to try to certify the workplace, do you think that this supervisor would meet the test to be expelled from the union?

Number of words: 344

Topic 4: Changes to Bargaining Units

Activity 12: Decertification

Decertification applications are turning out to be more common, particularly following the 2001 White Spot case established the power of the board to order partial decertification.

The Starbucks case is an example of a fairly straightforward case following the principles in White Spot. Read the Starbucks case on partial decertification. In your opinion, is the board's new policy on partial decertification a good one? Do you feel that it is adequately simple to get partial decertification or that the test must be harder to meet?

Labour Watch is an organization that exists to offer information about decertifying unions to Canadian employers and workers. Browse the British Columbia-specific (or other province-specific) information at LabourWatch website. In 2003, an Ontario employer whose workers were considering decertifying posted this website on its bulletin board in order that they may learn about decertification. The union alleged that the employer had engaged in an unfair labour practice by doing so. The Labour Relations Board disagreed. Do you think that the employer should have been able to do this or not? Why?

Number of words: 697

Activity 13: Current Events

Search newspapers, the World Wide Web, or the Current Events discussion group in WebCT for current news stories about one of the changes to bargaining units discussed above. After reading the article and studying the legal foundation for these applications, answer the following question in your reflective journal: 

(i) Do you feel that the news story sufficiently reflected both sides of the story?

(ii) Do you think that the telling of the story is affected by the fact that most news reporters are unionized workers themselves?

Number of words: 489

Total Number of Words for the Module 2 Discussion/activities: 5, 372 (17.9 pages)

Module 3 Assignment

Part A: Changes to Bargaining Units

Search the British Columbia Labour Relations Board website or any other provincial Labour Relations Board's website for decisions pertaining to successorship, common employer, raids, variance, or consolidation.

Write a summary of the case. Include your thoughts on if the decision was correct. Take into consideration your reflective journal entry from the “Current Events” Activity in Topic 4, write a summary on how you believe that this case would have been represented in the media. Do you agree with how it would likely be represented?

Number of words: 749

Part B: Unfair Labour Practices

Case Study: Kelly and Mark

Consider if Kelly has committed any unfair labour practices. Provide explanation. Consider your gut feeling about if she did anything wrong. Compare this to an answer that is based upon the legal principles that you learned about in the activities that you completed in Topic 2 on unfair labour practices. Also include any appropriate experience you have had yourself. 

Number of words: 902

Part C: Provincial versus Federal Labour Codes

Use the visual representation of the British Columbia certification process that you drafted in the “Certification Process” activity in Topic 3. Compare and contrast the Canada Labour Code certification process with the certification process under the British Columbia Labour Relations Code. Make an analysis of the actual process, and limitations placed on employers and unions during the certification drive. You might want to include visual representations in your answer.

Number of words: 1,078

Part D: Major Module Assignment

In trying to organize the tellers at the main branch of the Vancouver Credit Union, the Bank Workers' Union (BWU) realizes that the male tellers are very anti-union. For that reason, the BWU makes the decision to only apply for certification for the female tellers at the branch. Answer the following:

(i) Is it likely that the Bank Workers' Union will succeed in persuading the Labour Relations Board that their proposed bargaining unit is a suitable bargaining unit? Why or why not? Use the parameters that you learned about in the “Appropriate Bargaining Unit” Activity in Topic 3.

(ii) Would the test for the union be easier or harder to meet if a certified bargaining unit in the workplace already existed? For instance, suppose that the clerical employees were already certified by the Clerical Workers Union when the BWU attempted to certify the tellers. Explain.

Number of words: 695

Total Number of Words for Module 3 Assignment: 3, 424 (11.3 pages)

Total Number of Words for Module 3 Discussion and Assignment: 8, 796 (29. 3 pages)