Appendix D - Canadian Labor Board Data
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 |
BC |
AB |
SK |
ON |
PQ |
NB |
Total |
| 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 |
BC |
AB |
SK |
ON |
PQ |
NB |
Totala |
|
| 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 |
BC |
AB |
SK |
ON |
PQ |
NB |
Totalb |
| 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.