Table 1: CLAC OLRB and ALRB Decisions by Sector, 2009-2015 Alberta Labour Relations Board (n=35) Sector Decisions favourable Decisions unfavourable to CLAC to CLAC CONSTRUCTION 15 9 HEALTH CARE 5 1 OTHER 3 2 Ontario Labour Relations Board (n=68) Sector Decisions favourable Decisions unfavourable to CLAC to CLAC CONSTRUCTION 31 17 HEALTH CARE 15 1 OTHER 1 3 Source: Canadian Legal Information Institute (CANLII) database, https://www.
The ALRB does not have DFR as a distinct category in its public statistics, but the fact that so many DFR cases are filed by members against CLAC is itself interesting.
In recent years some of the ALRB decisions were related to a merger between CLAC Local 6 and Local 150.
In this article we explain the makewhole concept, review ALRB decisions on when to require makewhole compensation, and compare makewhole awards that result from the several makewhole calculation methods adopted by the Board.
When the California Legislature enacted the ALRA, it explicitly gave the ALRB authority to award workers monetary damages for losses from an employer's (but not a union's) bad-faith bargaining.
Makewhole compensation does not, however, include punitive damages (Adam Dairy (1978) 4 ALRB No.
Makewhole requires the ALRB to estimate the worker's loss, but not to impose a monetary penalty on the employer.
The next section examines the circumstances under which the ALRB has imposed the makewhole remedy.
In Perry Farms, it ruled that makewhole was appropriate in every case in which an employer unlawfully refused to bargain and the workers suffered a loss in pay because of this action ((1978) 4 ALRB No.
One year after the Board decided that all refusals to bargain can lead to makewhole, the California Supreme Court created the first exception by ruling that the ALRB could not employ such a blanket rule to impose the makewhole remedy in technical refusal to bargain cases.