1. Industrial Relations in Canada Presentation at the Government-to-Government Session and Seminar for an Exchange of Information on Topics of Freedom of Association and the Right to Bargain Collectively, 3rd Session

2. 2 Secret JurisdictionPopulation British Columbia 4,380,000 Alberta3,474,000 Saskatchewan 997,000 Manitoba1,187,000 Ontario12,804,000 Quebec7,701,000 Newfoundland and Labrador 506,000 New Brunswick 750,000 PEI139,000 Nova Scotia934,000 Yukon31,000 NWT43,000 Nunavut31,000 TOTAL32,976,000 CANADA Data: Statistics Canada, Census 2006

3. 3 Secret Division of Legislative Authority in Canada  There is no concurrent jurisdiction over labour. An employer is subject to either provincial or federal labour law. The Federal government cannot force the provinces to amend their laws.  Each province has its own labour laws which cover industries such as retail stores and manufacturing.  The federal government regulates collective bargaining in certain industries, such as shipping, longshoring, airports and airlines, inter-provincial and international transport, broadcasting and telecommunications, banks, grain handling, First Nation governments, nuclear energy and uranium mining.

4. 4 Secret The Legal Framework  Federal and provincial labour relations legislation share common characteristics. They: –Establish certification procedures for a union to obtain recognition as the representative of employees in a particular workplace –Set the minimum duration for a collective agreement –Establish procedures for legal strikes and lockouts –Establish ways of resolving disputes during collective bargaining (conciliation and mediation) and during the life of a collective agreement (grievance and arbitration procedure) –Define unfair labour practices –Create a labour relations board, which has quasi-judicial status, to interpret the law

5. 5 Secret The Legal Framework (cont’d)  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 – eg. hospitals and schools)  Some jurisdictions have additional labour relations legislation that applies to particular occupations or industries (eg, construction; police; artists). This legislation usually addresses specific conditions in occupations or industries that would not be adequately covered under general labour legislation

6. 6 Secret Canadian Principles of Labour Relations Found in the Preamble, Canada Labour Code, Part I:  Canada is signatory to ILO convention No. 87 concerning Freedom of Association and Protection of Right to Organize;  promotes common well-being through the encouragement of free collective bargaining and the constructive settlement of disputes;  recognizes and supports freedom of association and free collective bargaining as the bases for the determination of good working conditions and sound labour-management relations;  deems the development of good industrial relations to be in the best interests of Canada in ensuring a just share of the fruits of progress for all.

7. 7 Secret Prohibition of Unfair Labour Practices  Unfair labour practices by employers and trade unions are prohibited during the process of trade union certification and collective negotiations.  Examples include: –An employer interfering with or participating in the formation or administration of a trade union. –An employer firing, discriminating against or refusing to hire a person because of his or her membership in a trade union. –An employer or trade union using threats, coercion or intimidation to compel or prevent another person’s membership in a trade union.

8. 8 Secret Unjust Dismissal Protection For Employees  For employees who are not covered by a collective agreement.  During the union organizing drive  After certification and before a collective agreement is negotiated  After a collective agreement has been reached

9. 9 Secret Unjust dismissal protection for employees who are not covered by a collective agreement  May file a complaint with Labour Canada if they have been with an employer for at least one year.  Official will attempt to resolve complaint by mediation  If no settlement in mediation, employee can request Minister to appoint an adjudicator  Adjudicator is an independent tribunal who will hear both sides and render a binding decision.  Adjudicator can reinstate, and/or compensate the employee or find that the dismissal was just.

10. 10 Secret Unjust dismissal protection during a union organizing drive  It is an unfair labour practice for an employer to dismiss or threaten to dismiss an employee for proposing to become, or asking another person to become a member, officer or representative of a union or for participating in the promotion, formation or administration of a union.  Any complaint would be heard by the Canada Industrial Relations Board (or the appropriate provincial Board), an independent tribunal which has the authority to re-instate the employee with compensation.

11. 11 Secret Unjust dismissal protection after certification and before a collective agreement  During this period an employer may not dismiss or discipline an employee except for just cause.  The union may submit a dismissal to a private-sector grievance arbitrator, who will hear both sides and give a binding decision. (similar to a grievance under a collective agreement)  If the union and the employer cannot agree on an arbitrator, either side may ask the Minister to choose one.

12. 12 Secret Unjust dismissal protection where there is a collective agreement  All collective agreements must have a grievance/arbitration provision.  The union may file a dismissal grievance, and if the grievance is not resolved by the parties, may take the grievance to an arbitrator for decision.  If the union and the employer cannot agree on an arbitrator, the Minister can be asked to appoint one.  The arbitrator can re-instate the employee and/or provide them with compensation.  The decision of the arbitrator is binding.