Labour Law

Bargaining and Employment

Individual Bargaining Many workers enter into individual contracts with their employer Each side negotiates to reach a fair compensation package and the terms of the agreement last until the contract ends Such contracts are often standardized Federal and provincial employment legislation and contract law apply here For less skilled workers this can be a disadvantage

Bargaining Through an Agent Famous sports figures, media personalities, musicians and actors are often too busy to negotiate contracts They can also afford to hire skilled negotiators Most employees will never use an agent As more people who work in industries are hired on a contract basis agents may become more widespread

Bargaining Collectively A group of workers may chose to elect a representative or association to bargain with an employer on their behalf- known as collective bargaining Unionized collective bargaining is the process by which a union represents employees in relation with their employer Don’t need to be unionized to have collective bargaining

Governments and the Workplace

Federal Legislation Trade Unions Act: 1872, made it legal for workers in Canada to organize and form unions, under defined conditions Industrial Disputes Investigations Act:1907, response to widespread strikes, created a conciliation board that would act as a neutral third party

Labour Milestones Winnipeg General Strike: 1919 1000’s of workers brought the city to a halt by walking off the job over their right to bargain collectively for fair wages Before it was over 2 people were killed and 100’s of protestors were injured Some concessions were made: union recognition, 8 hour work day

Old Age Pensions Act: 1927, allowed workers to retire with a small measure of financial security Unemployment Insurance Act: 1941, financial support to laid off workers Canada Labour Code: 1967, consolidated all of Canada’s Labour Laws

Provincial Legislation Covers everything from workplace safety and minimum wages to compensation for work-related illness and injury Employment Standards Act: each province has their own Lays out the basic rights and responsibilities of employees and employers and establishes minimum workplace standards

Labour boards and Tribunals Workplace disputes can be solved outside the court system Created specialized boards that would be expert in labour relations, less intimidating to workers, and less costly and time consuming Their job is to determine if rights have been denied and to find a remedy

Seatwork Shifting Perspectives: Child Labour pg. 373 Questions pg. 375 # 7

Unions: Past and Present

Why Join a Union? For many it is so the union can negotiate for them in such things as a living wage, increased equity in the workplace, etc. Through a union, workers may gain more influence Many also provide a wide range of services

Union Structure Union local: includes a number of union reps who deal with local grievances & health and safety issues, also inform members on issues May be quite autonomous with own rules and structure Some can be completely independent but for the most part they are part of a larger union

Types of Unionized Workplace Three types Closed shop: employer agrees to hire only workers who are already members of a specific union (e.g. certain trade unions) Union shop: more common, employees must join the union after being hired (e.g. public school teachers) Agency shop: employees don’t have to join the union, but they must still pay union dues

Unionization Process

Certification Process Organizers must collect evidence that a majority of workers support the union and submit it to the provincial labour relations board If it wins a majority vote then the union becomes certified

Legal Protection During Organizing Labour boards protect the right of employees to organize and forbid activities that would interfere with an open, democratic process during a union drive During the certification process management must not alter the conditions of work to influence workers’ decisions

The Bargaining Unit Particular group of workers the union is expected to represent E.g. plant workers In a large workplace there may be different unions to represent different bargaining units

Decertification If members are dissatisfied they can take action to remove it A majority of union members must vote to remove it Generally overseen by the labour board

Seatwork Pg. 378 Q. # 2, 4, 8 Case Study: Lavigne v. Ontario Public Service Employees Union pg. 378 Pg. 380 Q. # 4

Collective Bargaining Once a bargaining unit has been established and the union certified, unions reps are expected to come to a collective agreement An contract that sets out the terms and conditions of employment between the employees and employer Union members usually make a list of demands, then give management then notice of intent The union must bring any negotiations back to the members for ratification

Alternative Dispute Resolutions Mediation: neutral third party provides both sides with info and suggests a possible compromise Binding Arbitration: both sides must find the arbitrator acceptable, it’s binding Final Offer Selection: form of B.A., both parties present their bottom lines and the arbitrator picks one

Strikes and Lockouts Strike: employees withdraw their labour to back up their contract demands Lockout: management locks workers out of their workplace Work-to-rule: workers follow the terms of the existing contract to the letter and do absolutely nothing more

The Collective Agreement Key factor shaping work and the workplace Functions in the same way as any other agreement, terms and conditions must be clearly defined Union reps and business managers spend a lot of time making sure the other side lives up to it Labour arbitrators settle grievances according to the agreement

Union vs. Non-Union Activity: Pros and Cons