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Still encourages
voluntary recognition
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Union required to seek voluntary
recognition first
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Central Arbitration Committee can recommend
recognition whenever the union has demonstrated majority support (e.g.
membership lists)
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Elections
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Central Arbitration Committee can decide to
hold election whenever it feels that is in best interest of good IR
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This is convoluted and difficult process
for the union
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To win union must get majority and that
must be at least 40% of the eligible employees, requirement unions have tried
repeatedly to eliminate
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Despite awkwardness of election process,
seems to have encouraged more voluntary recognition
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Since 2004 employers improper campaign
activities prohibited in recognition or derecognition election campaign
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First Contract
Bargaining
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Right of employees to negotiate individual
contracts and opt out of collective ones still remains
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After recognition parties have limited time
to agree on procedures for bargaining
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If they don’t Central Arbitration Committee
imposes standard procedures including obligation to bargain about wages,
hours and holidays
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Failure of employer to follow procedures
can ultimately result in contempt of court but there is no first contract
arbitration
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Discrimination
against unionists
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Blacklisting of unionists became illegal
(although there seems to be a loophole that excludes previous union activity)
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Can’t offer
employees inducements to remain non-union or to avoid collective bargaining
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This was part of the previous law that ILO
asserted violated its conventions
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Public sector
similar to private sector
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See article in BLW for discussion of what
has happened with teachers
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