| Appendix
D
Canadian Labor Board Data
(36 cases decided by labor boards
in Canada on plant closings and threats
of plant closing)
Time period: 1986–1995
Table D.1. By Type of Complaint
| Type
of Conduct Complained of |
CAa
( 2) |
BC
(17) |
AB
(3) |
SK
(3) |
ON
(8) |
PQ
(1) |
NB
(2) |
Total
(36) |
| Actual
closure |
1
(50%)b |
9
(53%) |
|
2
(67%) |
3
(38%) |
|
1
(50%) |
16 |
| Partial
closure or contracting out |
1
(50%) |
5
(29%) |
|
1
(33%) |
2
(25%) |
|
|
9 |
| Threats
of closure |
|
3
(18%) |
3
(100%) |
|
3
(38%) |
1
(100%) |
1
(50%) |
11 |
a The total number of cases summarized
from each jurisdiction is provided
in parentheses.
b Percentage of total number of cases;
percentages may not add up to 100
percent because of rounding.
Table D.2. By Disposition of Complaint
| Complaint |
CA
(2) |
BC
(17) |
AB
(3) |
SK
(3) |
ON
(8) |
PQ
(1) |
NB
(2) |
Totala
(36) |
| Unfair
labor practice |
Upheld |
2
(100%)b |
8
(47%) |
2
(67%) |
2
(67%) |
4
(57%) |
1
(100%) |
1
(50%) |
20 |
|
Rejected |
|
9
(53%) |
1
(33%) |
1
(33%) |
3
(43%) |
|
1
(50%) |
15 |
| Breach
of duty to bargain in good faith |
Upheld |
1
(100%) |
|
|
1
(50%) |
2
(50%) |
|
|
4 |
|
Rejected |
|
2
(100%) |
|
1
(50%) |
2
(50%) |
|
|
5 |
| Illegal
lockout |
Upheld |
|
1
(100%) |
|
|
|
|
|
1 |
|
Rejected |
|
|
|
|
|
|
|
0 |
a The total in this column is greater
than the number of cases (36) because
multiple complaints were made in individual
cases.
b Percentages are of each particular
type of complaint (e.g., 40 percent
of unfair labor practice complaints
were upheld by the British Columbia
Board).
Table D.3. By Remedy Awarded
| Remedya |
CA
(2) |
BC
(17) |
AB
(3) |
SK
(3) |
ON
(8) |
PQ
(1) |
NB
(2) |
Totalb
(36) |
| Reinstatement
and/or compensation for employees |
1
(50%)c |
7
(41%) |
|
2
(67%) |
4
(50%) |
|
|
14 |
| Cease-and-desist
order/declaration of breach of
statute |
1
(50%) |
5
(29%) |
1
(33%) |
|
2
(25%) |
|
1
(50%) |
10 |
| Return
of work to bargaining unit, either
at present or new location, either
mandatory or as one option for
employer |
|
|
|
1
(33%) |
1
(13%) |
|
|
2 |
| Order
to resume negotiations |
1
(50%) |
|
|
|
|
|
|
1 |
| Order
concerning access to employees
for union |
|
1
(6%) |
|
|
1
(13%) |
|
|
2 |
| Reimbursement
of costs of organization of bargaining |
|
1
(6%) |
|
|
|
|
|
1 |
| Letter
dictated by Board |
|
|
|
|
|
|
|
0 |
| Creation
of trust fund for union |
|
|
|
|
|
|
|
0 |
| Posting/mailing
of decision |
|
1
(6%) |
1
(33%) |
|
2
(25%) |
|
1
(50%) |
5 |
| Automatic
certification or refusal to decertify |
1
(50%) |
2
(12%) |
|
|
|
|
|
3 |
| Tribunal
to remain seized re: remedy |
1
(50%) |
1
(6%) |
|
|
1
(13%) |
1
(100%) |
|
4 |
| No
remedy (no violation) |
|
5
(29%) |
1
(33%) |
1
(33%) |
3
(38%) |
|
1
(50%) |
11 |
a Many of the cases involved other
ULP complaints, in addition to those
related to plant closures and/or threats.
There is no way of ascertaining which
remedies were specifically designed
to deal with the ULPs related to plant
closing. Thus, the numbers are likely
inflated.
b As with the preceding table, the
total of this column is greater than
the number of cases (36) because of
multiple remedies being awarded in
individual cases.
c Percentages are of total number
of cases; percentages may not add
up to 100 percent because of rounding
and because multiple remedies were
awarded in individual cases.
Table D.4. New Organizing v. Existing
Unions
Mature
Relationship |
New
Organization |
Unknown |
12
(33%) |
21
(58%) |
3
(8%) |
|
Organizing |
Applied
for cert. |
Newly
certified |
1st
CA negot. |
1st
CA reached |
|
|
11
(52%) |
2 (10%) |
6 (29%) |
1 (5%) |
1 (5%) |
|
Table D. 5. Successful and Unsuccessful
Complaints, by Status of Bargaining
Relationship
| Status |
Sub-Status |
No.
Cases |
Successful
Complaints |
Unsuccessful
Complaints |
| New
organization |
|
|
|
|
|
Organizing |
11 |
9 (82%) |
2 (18%) |
|
Applied
for cert. |
2 |
2 (100%) |
0 (0%) |
|
Newly
certified |
6 |
3 (50%) |
3 (50%) |
|
1st
CA negot. |
1 |
0 (0%) |
1 (100%) |
|
1st
CA reached |
1 |
1 (100%) |
0 (0%) |
|
SUBTOTAL |
21 |
15
(71%) |
6
(29%) |
| Mature |
|
12 |
5 (42%) |
7 (58%) |
| Unknown |
|
3 |
2 (67%) |
1 (33%) |
| TOTAL |
|
36 |
22
(61%) |
14
(39%) |
Table D.6. Chronological Progression
of Complaints
1986 |
1987 |
1988 |
1989 |
1990 |
1991 |
1992 |
1993 |
1994 |
1995 |
Total |
3 |
3 |
4 |
0 |
7 |
1 |
3 |
7 |
3 |
5 |
36 |
Table D.7. Particular Unions Involveda
RWDSU (Sask)C3
(Retail, Wholesale, and Department
Store)
USWAC3
(Steelworkers)
IWAC3
(Woodworkers)
UFCWC2
(Food and Commercial Workers)
IBTC2
(Teamsters)
UAJAPPIC2
(Plumbers and Pipefitters)
CUPEC2
(Public Employees) (also, BCGEUC1)
(British Columbia Government Employees)
GCIUC2
(Graphic Communications)
a) Only unions that were involved
with more than one case are included
in this list.
|
