(51) Examination of the ALRB and OLRB cases reveals that the union is pursuing small construction subcontractors (often prefabricators in Alberta) and small healthcare providers (e.g., nursing homes) represented by public sector unions (e.g., OPSEU, AUPE), but construction remains a primary target through appeals to the labour relations boards, consuming significant legal resources for all unions involved.
In another "raiding" case (which involved multiple appeals to the ALRB), again with the UA (as well as the International Brotherhood of Electrical Workers), an original panel decision was not favourable to CLAC due to the union-employer collaboration involved:
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.canlii.org/en/.
(47.) In the case of the OLRB, which has a caseload almost five times larger than that of the ALRB, duty of fair representation (DFR) cases represented less than 1 per cent of all applications and hearings, OLRB, Annual Report 2014-15.
(120) Proposition 14 also called for continued legislative funding of the ALRB, enshrinement of the right of access by organizers to the fields, and treble damages against growers for ULPs.
(138) Things got so bad that when George Deukmejian, elected governor in 1982, appointed an antiunion general counsel to the ALRB and gained control of the Board in 1986, the UFW actively sought to de-fund the agency it had once tried to protect with a constitutional amendment.
In recent years, amendments to the ALRA have been made in response to a more conservative California Supreme Court's limitations on the ALRB's make-whole remedy, including adding mandatory mediation for first contracts in 2002 and, most recently in 2011, giving the Board the power to certify a union after an employer has corrupted the environment for an election such that a re-run would be presumptively unfair.
In placing the committee on the ballot, the ALRB
ignored accusations of grower support.
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.
"The UFW, described as 'one of the biggest contributors to Democratic legislative election campaigns' in 1986, asked that the ALRB
be defunded." (Martin, Promise Unfulfilled, 172)