QUESTION

Objective of this Assignment: To analyze and evaluate legislative changes and identify the advantages and disadvantages of the legislation to the
certification process.

Instructions:
You will be evaluating the impacts that will result to the union certification process, now that Bill 148 is law. In order to do so, you will need to do a comparative
analysis of the current process against the changes highlighted in Bill 148. Your final submission will include a table that quantitatively assesses the changes.
Accompanying the table will be a report (maximum 700 words – not including the cover and reference pages – see below) that will provide an introduction as
well as an outline of the current process, as well as a summary of the results of the evaluation, and will conclude by providing your viewpoint on these changes.

ANSWER

THE CERTIFICATION PROCESS AND BILL 148

Executive Summary

This report is based on union certification process and Bill 148 of Canada. The objective of these legislations is to protect the right of both employers and employees. It has been found that the Labor Relation Board of Canada has the responsibility of granting and denying certification requests after evaluation of application form. Unions are established for facilitating negotiations between labors and employers. Bill 148 has introduced several changes in current practices of employment by improving benefits and compensation of employees. In the end, a conclusion has been provided to findings of this report along with the reference list.

Table of Comparative Analysis

	Current Practices	Changes
Union Certification	Remedial union certification if no other remedy would be sufficient for employer contravention	Union access to employee list, broader remedial union certification more accessible votes outside workplace
3-Hour Rule	3 hours deemed if regular shift reduced to under 3 hours	Minimum 3 hours pay for shifts <3 hour or shift cancellation
Minimum Wage	$11.40/Hr	$14/Hr January 1, 2018 $15/Hr January 1, 2019
Return to Work Rights	Within 6-months of strike	At conclusion of strike/lock-out
Vacation Time/Pay	2 weeks/4%	3 weeks after 5 years/6%

Table 1: Comparative Analysis of the Current Process against the Changes Highlighted In Bill 148

(Source: Lawofwork.ca, 2019)

Introduction

Union certification process makes a union the bargaining agent of workforce. It has been observed that conflicts between employees and employers are quite common across the world. Employers often follow unfair practices of employment for increasing their profits. Unfair employment practices generally involve low wages, higher working hours, lack of compensations and benefits. Certified Unions have the right of bargaining with employer for safeguarding employees’ benefits. This report is based in Union Certification process of Canada. Current practices of unemployment have been compared against the changes made in Bill 148 in this report.

Certification Process and Bill 148

Unions of employees are formed for facilitating negotiations between employees and employers. Kirton & Trebilcock (2017) have commented that certification process is responsible for formation of a union in workplaces, which acts as representative of the entire workforce. In order to gain certification, unions have to submit the application form provided by government of Canada. Labor Relation Board of Canada has the responsibility of issuing certification after evaluation of the application form. On the other hand, this board has the power of denying certification under emergency circumstances. Sole responsibility of union is to bargain with employers in order to reach a mutual agreement. However, union certification process has certain restriction, introduced by legal legislation. These restrictions are designed to safeguard workplaces from continuous certification process. In this context, it can be said that legislation facilitates granting of certification by allowing a systematic process. On the contrary, disadvantage of such legislation is that it can deny required certifications due to wrong evaluation of Labor Relation Board.

Raid is an important element of Union Certification process. It has been noticed that raid is often considered to be controversial in union movement. Unions often organize group of unionized workers for conducting movements against employers. The government has introduced Canadian Labor Law in order to regulate behavior of employers and unions. Unfair labor practices are the base of union certification process, as unions fight against those practices. It has been found that the common issues of unfair labor practices are lack of proper compensation plan, longer working hours, low wages. Evans (2017) has stated that employers generally follow unfair practices in order to increase their profits. In such situations, unions bargain with employers to modify their policies and to reach a mutual agreement.

Regulation of workplace behavior is a complicated task, as proper balance between employers’ right and employees’ right needs to be established. If employers’ rights and benefits are completely neglected, the workplace cannot sustain. Long-term sustainability of a workplace can be ensured if rights of both parties are established in a balanced way. Bill 148 has introduced certain changes in certification process for supporting both employers and employees. Current practice of union certification includes generation of union certification in absence of other remedies. Changes highlighted in Bill 148 have denoted that union has the access to entire employee list and certification has become more accessible due to availability of outside votes. Gillezeau (2017) has mentioned that vacation time is one of the major rights of employees, as it is required for maintenance of mental and physical health of employees. Current practices include 2 weeks of vacation time along with 4% pay. However, according to Bill 148, it has become 3 Weeks and 6% pay.

Major changes have occurred in minimum wage after introduction of Bill 148. Minimum wage is an important aspect of national economics and indicates economic development of a country. According to current practices, minimum wage of Canada is $11.40 per hour. However, Bill 148 has made significant changes by making it $14 per hour in 2018 (Lawofwork.ca, 2019). In addition, it has been observed that in 2019 minimum wage of Canada can become $15 per hour. It can be said that Bill 148 has enhanced condition of labors and their unions remarkably.

Conclusion

This report is based on certification process and Bill 148 of Canada. Union certification process is an important aspect of employment regulations of a country, as it protects employees from unfair practices of employers. It has been observed that Labor Relation Board of Canada has the power of granting and denying certification of union. Introduction of Bill 148 has made certain changes in current practices of employment. Minimum wage of this country has increased noticeably as per Bill 148. In addition, vacation time, pay, return to work rights has been changed in Canada due to introduction of Bill 148.

References

Books

Kirton, J. J., & Trebilcock, M. J. (2017). Hard choices, soft law: Voluntary standards in global trade, environment and social governance. Abingdon: Routledge.

Journals

Evans, B. (2017). Alternatives to the low waged economy: living wage movements in Canada and the United States. Alternate Routes: A Journal of Critical Social Research, 28. 81-105.

Gillezeau, R. (2017). Labour Law Enforcement during World War II and the Growth of the US Trade Union Movement. 1. 1-25.

Websites

Lawofwork.ca, 2019. On Bill 148′s Labour Relations Act Reforms. Retrieved from http://lawofwork.ca/?p=9011 [02/01/2019]

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