Labour Law Lecture - Chapter 12 Flashcards
Labour law, unlike criminal law, is destined to do what?
Touch on the lives of most people
Bargaining for salary and benefits can take what?
Several forms
What are the three forms of bargaining?
-Individual Bargaining
-Bargaining through an Agent
-Bargaining Collectively
What is the most common form of bargaining?
Individual Bargaining
What does individual bargaining include?
Signing standard contracts
Who does bargaining through an agent involve?
Actors and Executives
Who is involved in bargaining collectively?
Unions, associations like the Canadian Dental Association
What must all contracts abide by?
The law
Unfortunately, most laws affecting the workplace what?
Differ from province to province as they fall under provincial jurisdiction (BNA Act).
What is an example of this?
Minimum wage is not uniform, nor is the use of replacement workers during a strike
What is one example of an industry that does fall under federal jurisdiction?
Airlines
What has changed significantly over the last century?
The attitude toward employer-employee relations
What happened in 1872?
The Trade Unions Act somewhat allowed unions
What happened in 1907?
The Industrial Disputes Investigation Act, which created a conciliation board
What happened in 1919?
Still lots of conflict, i.e. the Winnipeg General Strike in 1919.
What happened in 1927?
The first Old Age Pensions Act
What happened in 1941?
The Unemployment Insurance Act
What happened in 1944?
PC 1003 (Wartime Labour Relations Regulations)-Unions finally legal
What happened in 1948?
Industrial Relations and Disputes Investigation Act - Regulated collective bargaining; provide for a secret ballot; and required bargaining in good faith.
What happened in 1967?
Canada Labour Code
What does provincial employment legislation cover?
Everything from workplace safety and minimum wages to compensation for injuries?
Each province has its own what?
Employment standards acts (ESA), which lays out basic rights and responsibilities.
Where are many labour disputes settled?
Outside of the court system
What have federal and provincial governments established?
A system of boards and tribunals
What were these system of boards and tribunals based on?
The belief that these bodies would become experts, be less intimidating to workers, less costly, and more timely.
What do these boards have?
A significant amount of power
What do unions arouse for?
Combatting the horrible conditions that existed in the early industrial revolution.
What do most people focus on?
Unions’ ability to bargain for better wages
Where do unions also gain influence of?
Workplace conditions and grievance processes
What do many unions also do?
Provide services (e.g. counseling)
What is the Union structure in Canada?
Complex
Most unionized workplaces have what?
A “union local.”
What are these locals usually part of?
A larger union structure (i.e. CAW)
What do many unions also belong to?
Even larger labour organizations (i.e. CLC)
What have larger unions become?
Increasingly important as they help to forge links that allow unions to deal with issues that cross boarders (e.g. child labours)
How many types of unionized workplaces in Canada are there?
Three types
What are these three types?
-Closed Shop
-Union Shop
-Agency Shop
Describe Closed Shop
Employer agrees to hire only workers who are already members of a specific union (e.g. some construction firms).
Describe Union Shop
Employees must join the union after being hired (e.g. public schools).
Describe Agency Shop
A modification of union shop in which employees do not have to join the union but must still pay union dues
While forming unions is no longer illegal, and those who try to do so cannot be discriminated against, what is it still?
A tough process
To form a union, workers must go through what?
The union certification process
Once certified a union has what?
The authority to negotiate with the employer on behalf of the employees
What is the certification process?
Evidence that majority support the union, submit evidence to provincial labor board.
Once a bargaining unit has been established and the union certified, union representatives are expected to what?
Bargain for a collective agreement
In the end the union brings back what?
An agreement for the members to ratify
If both sides cannot come to an agreement, what happens?
There are procedures for arbitration
What is a mediator?
An outside third party who suggests possible compromises.
In mediation, both sides must agree on what?
Choice of mediator and both sides are free to ignore his/her recommendations
What is binding arbitration?
Both sides must find arbitrator acceptable, however his/her decision is binding
What is Final-Offer Selection?
In this version of arbitration both parties present their bottom line to arbitrator and he/she picks one.
What happens if mediation fails and there is no provision for arbitration?
The last resort is a strike or lockout
What do strikes involve? While lockouts?
Workers walking out, while lockouts see management lock workers out
Strikes and lockouts are actually what?
Rare (very costly for both sides)
More common are what compared to strikes and lockouts?
Work-to-rule campaigns
Some workers aren’t allowed to what?
Strike (e.g. Firefighters)
What can governments also pass?
“Back-to-work” legislation
What is globalization having?
A tremendous impact on unions and bargaining
What does the ability of corporations to move to other nations undercut?
The ability of unions or workers to effectively negotiate as they once did.
