Chapter 4 Flashcards
Agriculture Workers Voice Concerns in Federal Review of Temporary Foreign Worker Program
Main issues: health and safety, housing piece rate pay and employment rights
Trade Union Act 1872
Act that allowed unions legal recognition but they were faced with hostile employers
The Industrial Dispute Investigation Act (1907)
an attempt to provide an orderly mechanism for union recognition
The Snider Case
landmark decisions that determined labour matter fell under the purview of provinces under the British north American act
P.C. 1944
Canadian version of the Wagner Act, under the War Measures Act it was introduced to privy council
Labour Boards
established by the goverment to ensure that labour laws are adhered by both management and union s
key cases the labour board will hear
certification/decertification
unfair labour practices
illegal strikes or lockouts
Certification
recognition of a union to be the legal bargaining agent of a group of employees by the labour board
two key elements
a) Definition of the bargaining unit
b) unfair labour practices
Bargaining unit
group of employees that are eligible to be represented by a union
management employees are excluded from union representation
employees who want to be represented must have a community of interest
employee structure and employee desire is taken in to consideration
Who can practice unfair labour practices?
employers, unions, and employees
intimidation and coercion and violation of the Labour Relations Act
Duty of Fair Representation
the obligation union has to represent all its members equally and in a non-discriminatory manner
Collective Bargaining
Good-faith bargaining: both parties need to try to come to a settlement
Dispute resolution: legislation provides for government intervention in bargaining (ban on strikes)
how does Wagner Act and canadian labour laws differ
Wagner Act: volunteerism and gov involvement should be minimum
Canadian laws generally provide for greater government intervention
Industrial Inquiry Commission
investigates the causes and consequences of industrial strikes
Last offer vote
labour laws that amended to permit forced votes
First Contract Arbitration
if the parties are unable to negotiate the first collective agreement, they may request a third-party intervention
what is the federal count for replacement workers?
can not use if the objective is to undermine union
strikes are also illegal during a collective agreement
Challenges with charter the labour trilogy
restrictions on the right to strike in Alberta
back to work laws in Saskatchewan
federal government wage controls
Union dues Challenges
unions should not use union dues for political gain –> courts favour of union –> decision demonstrated that unionism includes legitimate social and political goals
Picketing Challenges
courts asked to rule on practice of picketing at locations other than firm’s premise
courts decided that secondary picketing is part of freedom of expression
union recognition as a challenge
repeal of the agriculture labour relations act –> act was unconstitutional and amend the legislation from supreme court
political activity
Public Service Employment Act put restrictions on civil servants’ participation in political activity –> restriction came to be unconstitutional according to the Supreme court
Direction for supreme court
1987 Labour trilogy: restrictions on the Right to strike
200s: a new labour trilogy: picketing and union recognition and collective agreement rights
In 2007 collective bargaining was declared a constitutional right and extended to agriculture workers
2015 the right to strike institutionalized
increasingly positive outcomes for unions
employment conditions
establishes legislations by minimum
employment rights
rights determined through the collective bargaining process that builds on minimum employment conditions
three key conventions of international law
convention 83: freedom of association and protection of right to organization – ratified
convention 98 right to organize and collective bargaining –> not ratified
declaration on fundamental principles and rights at work (1998) –> voted in favour
