Quote:
Originally Posted by iggy_oi
I’d be interested to hear why you oppose those measures.
While argument could be made that card check certification wouldn’t be necessary if there were sufficient penalties in the code to actually deter employer interference rather than encourage it, the fact that you also oppose automatic certification as a remedy when an employer is found guilty of interference(which I believe only happened once while the legislation was in effect) suggests to me that you may be more concerned with preventing people from being able to exercise their rights to join a Union than you are with protecting workers from unfair treatment, which is what the labour code is intended to do.
Whether it be through card check or automatic certification the employees still have the final say on whether or not they want a Union to represent them. Nothing in the legislation prevents employees from decertifying if they wish to do so.
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Given some union tactics in terms of getting people to sign up for a card, i think there should still be a certification vote to allow those card-holders to vote under secret ballot. Getting the card is one thing, voting is different - or at least it should be.
The unfair practices = remedial certification was certainly rare (and determined by the ALRB as an egregious stick), but again there should still be a vote. Also, it really turned some certification drives into a question of baiting a company into doing/saying the wrong thing while threatening the push for remedial legislation.
For big companies with their own LR specialists, or lawyers on speed-dial, its totally fine; but i have seen some small businesses get pushed around with the threat of remedial certification.
In the end, the ALRB holding back the remedial certification rod was predictable and competent; but it could have been abused in some circumstances.
Again, I didnt think these issues were egregious as they are found in other legislation in Canada; but, at the time, I thought it was a bit much (i was doing management-side labour work at the time as well
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