Prepared by Kenda Murphy, LL.B - KMurphy Consulting and Mercedes Watson, B.F.A., M.A., C.Med - Thought Department Inc.

Chapter 1 An Introduction to Industrial Relations in Canada

1 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 different 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

1 What Is Industrial Relations? Industrial relations:   Refers to the relationship between a union and an employer The difference between Industrial Relations (IR) and Human Resource Management (HR) is that IR refers to employment relationships in a unionized environment, whereas HR deals with employment relationships in all types of organizations.

1   Industrial Relations is a stand alone area of study but is also found in many other academic fields such as: History, Psychology, Economics, Political Science, Law and Sociology Industrial Relations in Academia

1 The Legal Framework Jurisdiction   Union-employer relations may be governed by federal or by provincial legislation   Until the mid-1920s, all IR issues were covered by federal laws   In 1925, case of Snider vs. Toronto Electrical Commission established that industrial relations were mostly a provincial responsibility

1 Federal Jurisdiction Any business that operates interprovincially, in that it crosses provincial boundaries, is covered by federal labour laws Examples of interprovincial businesses are banking, telecommunications, broadcasting and interprovincial transportation Federal government and Crown Corporation employees are also covered by federal laws

1 Provincial Jurisdiction Provincial labour law covers businesses that operate within the boundaries of that province (intraprovincially)   Provincial law covers 90 percent of union-employer relationships in Canada

1 Labour Relations Laws Federal and provincial labour relations acts share common characteristics:   Establishing union certification procedures   Setting the minimum term for collective agreements between employer and union   Establishing procedures for legal strikes and lockouts   Establishing dispute resolution mechanisms   Defining unfair labour practices   Creating a labour relations board Types of Laws Covering Labour Relations

1 Para-public or quasi-public sector legislation These laws cover government employees and/or employees of agencies and bodies affiliated with the government These employees work in organizations that are funded by the government but they are not directly paid by the government Examples: health care workers, court workers, employees of colleges and universities Public Sector Labour Relations Legislation

1 Other Relevant Legislation Employment Standards Legislation Human Rights Legislation Canadian Charter of Rights and Freedoms

1 Human Rights Legislation Exists in every jurisdiction Prohibits discrimination —intentional or systemic—on the basis of personal characteristics or attributes, known as protected or prohibited grounds Sometimes the requirements of a job will, by necessity, exclude certain people or allow only certain candidates to apply

1 Human Rights Legislation Implications for unions and employers:   Collective agreements must not contain clauses that have the effect of discriminating   Unions and employers must not act in a discriminatory fashion

1 The Charter of Rights and Freedoms guarantees certain basic rights and freedoms to all Canadians The Charter is the pre-eminent law in Canada with two exceptions:   Laws that can be justified as imposing reasonable limits in a “free and democratic society”   Laws passed by invoking the “notwithstanding” provision The Charter of Rights and Freedoms

1 The Charter broadly defines a number of fundamental rights Major cases involving industrial relations issues have focused on these rights:   Freedom of association—right to join a union   Freedom of peaceful assembly—right to picket   Freedom of thought, belief, opinion, and expression—right to promote union belief and philosophy The Charter of Rights and Freedoms

1 Key early Charter cases:   Dolphin Delivery, 1982: 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,” 1990: 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, 1991: The Supreme Court ruled that mandatory union dues do not violate the Charter The Charter of Rights and Freedoms

1 Other important cases… Dunmore v. Ontario (Attorney-General), 2001: The Supreme Court ruled that the right to freedom of association was violated if an entire class of workers— e.g., farm workers—was excluded from protection under labour legislation However, while Ontario changed its law to allow agricultural workers to unionize, that law does not allow them to engage in collective bargaining The Charter of Rights and Freedoms

1 Health Services and Support case – SCC (2007) – BC’s Bill 29 was ruled unconstitutional on the basis that the right to collective bargaining was part of the freedom of association guaranteed by the Charter Plourde v. Wal-Mart Canada Corp [2009] SCC – The Court ruled that the employees’ right to freedom of association was not violated when their unionized store was closed The Charter of Rights and Freedoms

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

1 Overview of Text Chapter 1 Introduces theoretical and historical background, explains evolution of Canadian workplaces and relevant legislation Chapter 2 Overview of theories and research addressing creation of unions, and how unions’ purpose have changed over time Chapter 3 Historical events and forces affecting evolution of Canadian labour relations

1 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 certification application

1 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

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

1 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 Effects of globalization on industrial relations

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