The Legal Environment Chapter 2 © 2012 Nelson Education Ltd.

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

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Wagner Act (1935) Named after the bill’s sponsor

Senator Robert F. Wagner of New York National Labour Relations Act

The Regulatory Framework


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

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P.C. 1003 (1944) War time Canadian Privy Council adopts Wagner Act

model

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The Snider Case (1925) landmark court case determined that labour a provincial matter

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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


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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


Scope certification/decertification cases unfair labour practices declarations of illegal strikes or lockouts

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Labour Boards


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

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Recognition Process


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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


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Industrial Inquiry Commission Last-Offer Vote First Contract Arbitration Replacement Worker Laws

Expanded Government Role


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

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Collective Agreement Administration


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

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Role of the Charter


Right to strike early labour trilogy negative views of Charter’s ability to

protect workers’ right to freedom of association.

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Supreme Court Decisions


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.

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Review of Supreme Court Decisions


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.

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Supreme Court Decisions


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

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Review of Supreme Court Decisions


Employment Standards & Employee Rights Hours of work Overtime Scheduling of Hours Coffee and Meal Breaks Exclusions Human Rights Health & Safety Pay & Employment Equity

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Employment Conditions


International Law

Three key conventions: Convention 87, freedom of association and

protection of right to organize (1948). Ratified by Canada in 1972.

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.

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The Legal Environment Chapter 2 © 2012 Nelson Education Ltd.

Documents

Transcript of The Legal Environment Chapter 2 © 2012 Nelson Education Ltd.