The Legal Environment Chapter 2 © 2012 Nelson Education Ltd.

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Presentation transcript:

The Legal Environment Chapter 2 © 2012 Nelson Education Ltd.

Copyright © 2012 Nelson Education Ltd. Learning Objectives  At the end of this chapter, you will be able to discuss:  the basic elements of the Canadian model of union recognition and collective bargaining;  collective agreement administration;  the role of the Charter in industrial relations;  the impact of international law on labour relations policy; and  how employment law affects employee rights and conditions 2-2

2-3  Wagner Act (1935)  Named after the bill’s sponsor Senator Robert F. Wagner of New York  National Labour Relations Act The Regulatory Framework Copyright © 2012 Nelson Education Ltd.

 Prior to the Wagner Act  violent power struggles for union recognition  Industrial Dispute Investigations Act (1907)  an attempt at order  Scientific Management (Frederick Taylor)  production processes/tasks carefully defined  reduces autonomy of skilled workers 2-4 The Regulatory Framework Copyright © 2012 Nelson Education Ltd.

 P.C (1944)  War time  Canadian Privy Council adopts Wagner Act model 2-5 The Regulatory Framework Copyright © 2012 Nelson Education Ltd.

 The Snider Case (1925)  landmark court case  determined that labour a provincial matter 2-6 The Regulatory Framework Copyright © 2012 Nelson Education Ltd.

2-7  To achieve peace and stability  recognition strikes and lockouts declared illegal  labour boards were established provide a process for union recognition free expression of support  exclusivity principle one union represents all employees in a given bargaining unit Union Recognition Under Wagner Copyright © 2012 Nelson Education Ltd.

2-8  Neutral  serve a vital function in the North American model of I.R.  provide an alternative to the court faster cheaper greater expertise in L.R. matters  Tripartite  management, labour, and government stakeholders continued… Labour Boards Copyright © 2012 Nelson Education Ltd.

 Scope  certification/decertification cases  unfair labour practices  declarations of illegal strikes or lockouts 2-9 Labour Boards Copyright © 2012 Nelson Education Ltd.

 Bargaining Unit  group of employees eligible to be represented by a union Management employees are excluded Community of Interests must exist Employer structure considered, appropriate  Unfair Labour Practice  alleged violation of the provincial labour relations act  Duty of Fair Representation  union must represent all employees equally 2-10 Recognition Process Copyright © 2012 Nelson Education Ltd.

2-11  Bargain in good faith  make a serious attempt to reach a settlement  Voluntarism  collective bargaining a private matter  government intervention should be kept to a minimum  Canadian laws require greater government intervention  Conciliation  Mediation  arbitration Collective Bargaining Copyright © 2012 Nelson Education Ltd.

2-12  Industrial Inquiry Commission  Last-Offer Vote  First Contract Arbitration  Replacement Worker Laws Expanded Government Role Copyright © 2012 Nelson Education Ltd.

 Canadian and U.S. law differs significantly  In Canada:  all laws substitute arbitration for the right to strike during the contract term  collective agreement and the law give arbitrators jurisdiction to resolve disputes 2-13 Collective Agreement Administration Copyright © 2012 Nelson Education Ltd.

 Laws of the land are subject to:  reasonable limits as can be demonstrably justified in a free and democratic society  governments can invoke the notwithstanding clause 2-14 Role of the Charter Copyright © 2012 Nelson Education Ltd.

 Right to strike  early labour trilogy  negative views of Charter’s ability to protect workers’ right to freedom of association Supreme Court Decisions Copyright © 2012 Nelson Education Ltd.

 Union Dues  teachers objected to their union dues going to political causes they did not support.  U.S. courts ordered the union to rebate dues  Canadian courts (Lavigne decision) upheld the restriction on freedom of association unionism includes legitimate social and political goals beyond collective bargaining Review of Supreme Court Decisions Copyright © 2012 Nelson Education Ltd.

 Picketing  secondary picketing is part of freedom of expression  Pepsi-Cola case  Union Recognition (1994)  trade union and collective bargaining rights extended to agricultural workers Supreme Court Decisions Copyright © 2012 Nelson Education Ltd.

 Political Activity (1991)  upheld a challenge to restrictions on the political activities of civil servants  New direction (2007)  BC Health Services  collective bargaining a constitutional right  freedom of association guarantee 2-18 Review of Supreme Court Decisions Copyright © 2012 Nelson Education Ltd.

 Employment Standards & Employee Rights  Hours of work  Overtime  Scheduling of Hours  Coffee and Meal Breaks  Exclusions  Human Rights  Health & Safety  Pay & Employment Equity 2-19 Employment Conditions Copyright © 2012 Nelson Education Ltd.

International Law  Three key conventions:  Convention 87, freedom of association and protection of right to organize (1948). Ratified by Canada in  Convention 98, right to organize and collective bargaining (1949). Not ratified by Canada.  Declaration on Fundamental Principles and Rights at Work (1998). Canada voted for it Copyright © 2012 Nelson Education Ltd.