HRPD 709 001 S_2023 Industrial Relations SAR 2

Short Answer Response (SAR) 2

“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.
Submit your finished report in the “Short Answer Response 3” drop box

Format:
 The assignment should be written error free in a form acceptable for business and
professional purposes. Point form is not acceptable.
 The assignment should include:
 a cover page – indicating the report title with appropriate course, professor,
and author identifiers;
 a brief introduction explaining what you are presenting and why it is
important;
 the body of the report addressing each of the questions 3a-g listed above;
 a conclusion summarizing what you learned.
 Approximate length – 2 pages not including the cover page

 Proper citation using APA format

(Including both in-text citation and a reference list)

1
HRPD 709 001 S_2023 Industrial Relations SAR 2

Evaluation:
 Completed on a team basis; non-contributors will not receive academic credit for
this assignment and are to be omitted from the cover page
 Team members are responsible for the integrity of the entire report, not just their
part(s).
 This assignment is worth 5 marks and 5% of final course mark

 Late assignments will be penalized at a rate of 2 marks /business day.

 Once this assignment is marked and returned to the class, no further late
submissions will be acceptable.

Due: June 16, 2023