Unfair Labour Practices Answers | Assessment Answer

Discuss about the Unfair Labour Practices.

Answer:

Introduction:

The unfair labour practice refers to different actions undertaken by an employer in which a union can unduly influence the confidential decisions that can be used by the employees in the process of certification (Deakin & Morris, 2012). The employees can fo


rm a group to deal with their employer instead of handling the employers individually. A code offers the means for the group of employees to be identified as the special bargaining agent of the employees. This recognition is known as the process of certification. The formation of union needs to adhere to different provisions of the Human Rights Code of British Columbia. As specified in the Code the employees of the shop need to adhere to the principles of the Human Rights Code while formation of the union. The staff members of the shop need to apply for certification and need to have 45% of the employees in the proposed unit for bargaining. The Code and the Board also needs to maintain privacy of information regarding different individual employees associated to the membership of the union. Again, the Board assigns an appropriate bargaining unit by conducting a vote. For certification of the union, the representative needs to get the maximum support. However, code also has the provision of changing the representation. 

There are certain guidelines that refer to the fact that the employer cannot participate or else interfere in the process of formation, selection and administration of a trade union (Deakin & Morris, 2012).

As per the case study, it can be said that Kelly, the shop owner has thought of reducing the pay of the employees. The employees can form a union and lodge a complaint for the reduction of the wages as a remuneration concern with the Bargaining Council (Twomey, 2012). As the union is not yet certified, Mark and the other employees can obtain the process of collective bargaining. Again, in case of non-existence of the Bargaining Council, the employees can lodge a complaint regarding the British Columbia labour Relations Board (Twomey, 2012). Kelly is not considering lay off during the poor economic and financial condition. Therefore, this act is not an unfair trade practice on her part. However, Kelly followed an unfair practice by threatening Mark regarding the closure of the shop. Under the section 9 of the Labour Relations Code the use of intimidation or else coercion can be treated as an unfair trade practice (Deakin & Morris, 2012). Again, under section 6 of the code, Kelly is said to adopt unfair labour practice by prohibiting or else participating in the process of formation of the union ("Labour Relations Board - British Columbia - Code Guide Chapter 3", 2016). 

References

Deakin, S. F., & Morris, G. S. (2012). Labour law. Hart publishing.

Labour Relations Board - British Columbia - Code Guide Chapter 3. (2016). Lrb.bc.ca. Retrieved 14 August 2016, from https://www.lrb.bc.ca/codeguide/chapter3.htm

Twomey, D. (2012). Labor and Employment Law: Text & Cases. Cengage Learning.



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