An employer has dismissed an employee during a union organizing campaign and an unfair labour practice complaint has been filed with the Labour Relations Board. Which of the following is correct:
A) the union should file a grievance
B) the Labour Relations Board does not have jurisdiction
C) the union bears the burden of proof in all jurisdictions
D) the employer bears the burden of proof in some jurisdictions
E) there is no burden of proof in this matter

Question

Quizplus · Accepted Answer

In cases involving unfair labor practices, such as the dismissal of an employee during a union organizing campaign, the legal framework in many jurisdictions shifts the burden of proof to the employer. This means the employer must demonstrate that the dismissal was not related to the employee's union activities or organizing efforts. This approach is designed to protect workers' rights to organize and participate in union activities without fear of retaliation.

An Employer Has Dismissed an Employee During a Union Organizing