INDUSTRIAL RELATIONS IN CANADA Fiona A. E. McQuarrie Prepared by: Tom Barrett

An Introduction to Industrial Relations in Canada C h a p t e r 1

Opening Vignette: Labour union concept irrelevant? High-tech workers don’t need unions, says economist Sherry Cooper High demand keeps wages high Unions had a role 100 years ago, but no longer, Cooper says

Solidarity and the Silicon Set High-tech assembly workers hard to organize Large supply of workers, even at $10 an hour An assembler covers a broad range of jobs Rick Adams wants a union because he lives paycheque to paycheque Other workers make almost twice what he makes

Chapter 1 Objectives At the end of this chapter, you should be able to: –Identify the various terms used to describe union- management relationships –Describe how other academic subjects might address industrial relations issues –Identify the major pieces of legislation that regulate Canadian industrial relations and explain what they have in common –Understand how other kinds of Canadian legislation affect industrial relations –Explain some of the major demographic and statistical features of Canadian union membership

What Is Industrial Relations? Industrial relations: –Refers to the relationship between a union and an employer –Describes union-employer relationships, rather than non-union settings The expression industrial relations: –Is the preferred Canadian term for union- employer interactions –Is a more appropriate description than “labour relations” –Emphasizes that there are two parties

No Single, Unifying Theory of Industrial Relations I.R. issues may interest historians, psychologists, economists, and others Each would approach the topic differently No single theory could explain every possible situation

Why Study Industrial Relations? In many workplaces and occupations, union membership is a prerequisite to employment Non-union members are often affected by the actions of unions and unionized employers Canadian law makes unionization an option for nearly every kind of worker History of unionization helps explain the modern Canadian workplace and the laws that govern it Knowledge of I.R. makes it easier to get a job in human resource management It is easier to fight against unions if you know about them

The Legal Framework Jurisdiction –Depending on the situation, union-employer relations may be governed by federal or provincial legislation –Until the mid-1920s, all I.R. issues were covered by federal laws –In 1925, Snider vs. Toronto Electrical Commission established that industrial relations were mostly a provincial responsibility

Federal Jurisdiction If an employer’s business has an interprovincial component – i.e., it regularly crosses provincial lines – it is covered by federal labour laws Examples are banking, telecommunications, broadcasting and interprovincial transportation Employees of the federal government and some Crown corporations are also covered

Provincial Jurisdiction Provincial labour law covers businesses that operate within the boundaries of that province –Covers 90 per cent of union-employer relationships

Types of Laws Covering Labour Relations Labour Relations Laws Federal and provincial labour relations acts share common characteristics. They: –Establish certification procedures covering the recognition of a union in a workplace –Set a minimum term for collective agreements; usually one year

Types of Laws Covering Labour Relations Common characteristics of federal and provincial labour relations acts (cont’d) Establish procedures for legal strikes and lockouts Establish ways of resolving disputes during collective agreements Define unfair labour practices Create labour relations board, which has quasi-judicial status

Public Sector Labour Relations Legislation In most Canadian jurisdictions, separate labour relations acts govern public sector employees Some jurisdictions have separate acts for para-public or quasi-public sector employees (employees who work for government-funded organizations, but don’t directly work for the government)

Public Sector Labour Relations Legislation Reasons for separate public sector legislation –Unique employment relationship – employer sets rules, holds more power –Public and para-public employees often provide vital services: fire protection, social services, health

Public Sector Labour Relations Legislation In some jurisdictions, public sector disputes are heard by the same labour relations board as private sector disputes Other jurisdictions provide for separate public sector boards

Occupation-Specific Labour Relations Legislation Some jurisdictions have additional labour relations legislation that applies to particular occupations or industries Usually addresses specific conditions in occupations or industries that would not be adequately covered under regular legislation

Occupation-Specific Labour Relations Legislation Examples of occupation-specific labour relations legislation: –Alberta Police Officers Collective Bargaining Act –Ontario Hospital Labour Disputes Arbitration Act –Newfoundland Fishing Industry Collective Bargaining Act

Other Relevant Legislation Employment Standards Legislation –Exists in every jurisdiction –Establishes minimum standards for working conditions in both union and non-union workplaces –Usually covers working hours, minimum wages, holiday time and time required for notification of termination or layoff. –Union collective agreements must not contain terms inferior to employment standards legislation

Human Rights Legislation Exists in every jurisdiction Forbids discrimination against individuals on the basis of gender, ethnic origin, sexual orientation, etc. Discrimination defined as: –Refusal to grant access to accommodation, contracts, goods and services, or employment because of an identified personal attribute (e.g., ethnic origin), known as protected grounds

Human Rights Legislation Members of particular groups may be legally excluded from employment in some cases. (e.g., males may be refused jobs in a women’s prison.) Two kinds of discrimination: –Intentional discrimination –Systemic discrimination

Human Rights Legislation Intentional discrimination: –Direct and deliberate refusal based on prohibited grounds Systemic discrimination: –Occurs when an organization or individual uses policies or practices that have the effect of discriminating against groups or individuals –Can occur even if there is no intent to discriminate –Also called unintentional or constructive discrimination

Human Rights Legislation Implications for unions and employers: –Collective agreements must not intentionally or systemically discriminate –Unions and employers must not act in a discriminatory fashion

Human Rights Legislation Human Rights Commission –Structure and function similar to labour relations board –Administers and enforces only human rights legislation

Human Rights Legislation Complaints –Individuals may file complaint with relevant human rights commission –If it is substantiated, the Commission will investigate the complaint and suggest a remedy –Union members who feel their union has discriminated against them may file complaint with labour relations board

The Charter of Rights and Freedoms Guarantees certain basic rights and freedoms to all Canadians Takes precedence over all other laws, with two exceptions Exceptions – the Charter does not override: –Laws that can be justified as imposing reasonable limits in a “free and democratic society” –Laws passed while invoking the “notwithstanding” provision

The Charter of Rights and Freedoms The Charter broadly defines a number of fundamental rights Major cases involving industrial relations issues have focused on these rights: –Freedom of association –Freedom of peaceful assembly –Freedom of thought, belief, opinion, and expression

The Charter of Rights and Freedoms Key Charter cases: –Dolphin Delivery, Supreme Court of Canada (SCC) ruled that Charter provisions do not apply to court orders resolving common-law-based disputes between private parties –The “labour trilogy,” SCC ruled that the right to belong to a union is protected by the Charter. But the rights to strike and bargain collectively are not –Lavigne, The Supreme Court ruled that mandatory union dues do not violate the Charter

The Charter of Rights and Freedoms One further case… Dunmore v. Ontario (Attorney-General), The Supreme Court ruled that the right to freedom of association was violated if an entire class of workers – e.g., farmworkers – was excluded from protection under labour legislation This case could lead to future challenges on behalf of groups such as domestic workers

The Charter of Rights and Freedoms It is still difficult to say exactly how the Charter will affect workplace relations. Many issues remain untested by court challenges.

Characteristics of the Unionized Workplace in Canada A unionized workplace is more likely to be in the public sector A unionized workplace is more likely to be relatively large Rates of unionization similar across broad industrial categories, but there are wide variations across different occupations Union membership is slightly higher among men and older workers Union members are relatively well-educated Union members are more likely to be full-time

The Unionized Workplace in Canada

Table 1-5 continued

The Unionized Workplace in Canada Table 1-5 continued

Overview of Text Chapter 1 Introduces theoretical and historical background, explains evolution of Canadian workplaces and relevant legislation Chapter 2 Explains creation of unions, how unions’ purposes have changed over time Chapter 3 Events and forces behind Canadian labour relations

Overview of Text Chapter 4 Structure of Canadian unions: national, provincial, municipal and local organizations Chapter 5 Why employees may or may not wish to join a union Chapter 6 How a labour relations board assesses a certification application

Overview of Text Chapter 7 The effects of a certification order Chapter 8 The four stages of collective bargaining Chapter 9 Strikes and lockouts Chapter 10 Third-party intervention: conciliation, mediation and arbitration

Overview of Text Chapter 11 Grievances Chapter 12 Changes during the collective agreement: successorship; raiding and union mergers; decertification; technological change and workplace restructuring

Overview of Text Chapter 13 Recent changes in the Canadian workplace and their implications for unions and employers Recent changes to labour legislation and their implications for the future of union-employer relationships

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