Quick Facts:

Canadas Labour Relations History

Highlights of the labour relations movement in Canada include: unions first surfaced in Canada in the 1800s with the skilled trades, like the printing industry

there are over 1500 certification applications per year in Ontario

"During the 19th century, strike/union organizers in Canada could be charged with a criminal offence".

unions had limited success due to geographical issues, political opposition, and legislation which discouraged the organization of unions

there also was lack of cooperation amongst unions also e.g. craft unions (carpenters or bricklayers) vs. industrial unions

in the late 1800s more people began to join unions, such as railroad workers, coal miners, and steelworkers)

we experienced a big jump in unions during World War I, when production increased to support the war effort

another contributing factor to the increase of unions was the American and British influence in both countries unions were more established

after World War I ended in 1945, unions fought for their demands through strikes

today, there are many unions in existence, representing a wide spectrum of occupations and industries

Current Union Challenges

In todays complex and dynamic business environment, unions face many challenges. These include:

global/foreign competition movement of production out of Canada to countries where unions dont exist and costs are lower

unions faced with foreign competition for products that can be cheaper and/or of a higher quality than locally manufactured products

technology new technology affects the number of workers required for manufacturing processes that historically were labour intensive

different skills required to operate the new machinery/equipment/technology means that employee skill requirements are different

change in member profile recently, there has been increase in # of white collar unions such as professionals or Engineers, due to their growing dissatisfaction with their work conditions. This has changed the face of unions, as these employees can be better educated, highly skilled, and have greater expectations, so the union must change their traditional management style to meet the needs of these members

unions have increased efforts to unionize groups in the service, restaurant, banking and retail industry, which historically have low success rates

need to focus on family issues, equity to attract these groups and treat them differently

opposition from employers

there is very strong resistance to unions by some very powerful organizations, such as McDonalds or Wal-Mart, who are very proactive and steadfast in stance against unions in their workplaces

labours reputation unions are often perceived by the public as negative, disruptive and lazy workers, so in order to gain public support for unions, this image must be turned around

it is common now for unions to compete with one another for members. Remember that unions are a business and their source of revenue is through member dues, so it is profitable to increase the membership. As a result, some unions are accused of raiding others

employer relationship some employers are acknowledging unions and seeking a partnership approach with the union, involving them in business discussions and some decision-making.

Quick Facts:

there are over 1500 certification applications per year in Ontario

Legal Aspects of Labour Relations

We have various labour laws, federal and provincial, to govern the relationship between the union and employer. The purpose of labour laws is to: i) provide a common set of rules for fair negotiations; and ii) protect the public interest by preventing the impact of labour disputes from inconveniencing the public Thats why public sector workers like police, hospital, firefighters are prohibited from striking and covered by other legislation, which gives them the right to arbitration.

Legislation has evolved over the years, and it reflects societys acceptance of union activity and organizing. There are many laws governing labour relations, but they all address these issues: 1. the right of people to join unions

2. the rig ht of uni on s to be granted authority to represent employees

3. requirement that employers recognize a certified union as the rightful and exclusive bargaining

agent for that group of employees

4. identification of unfair labour practices which are not acceptable

5. the right of the parties to strike or lock-out

6. identification of minimum term of contracts

7. arbitration process to settle disputes of the interpretation of collective agreement 8. successor rights, which extends certain protection to the union if an employer sells a business

Provincial Legislation
The majority of employees fall under provincial legislation. Each province has legislation to govern the behaviour of both parties in a union setting; in Ontario, it is called the Labour Relations Act (1995). Provincial legislation will include sections which outline terms conditions and procedures related to: the establishment of a union, collective bargaining negotiations, contents of collective agreements, successor rights, and unfair labour practices. Administration of Provincial Legislation Provincial legislation is interpreted, administered and enforced by a provincial

Labour Relations Board, with the exception of Quebec. The general purpose of this board is to: 1. fac ilit ate col lec tiv e bargaining between the union and employer

2. encourage communication between employers and employees in the workplace 3. encourage cooperative participation of employers and trade unions in resolving workplace issues

4. promote the expeditious resolution of workplace disputes

5. recognize the importance of economic growth as the foundation for mutually beneficial relations amongst employers, employees and trade unions In practice, the labour relations board is an independent, adjudicative tribunal that: is empowered to interpret, administer and enforce the Act and investigate alleged violations

processes certification application and supervises certification elections, and in some instances,

certifies a union

investigates unfair labour practices claims; and imposes orders

issues decisions to disputes based upon the evidence presented and submissions made to it by the parties

Federal Legislation
Employees who work in federallyregulated industries e.g. telecommunications, banking, air transport, radio & broadcasting, etc. are governed by the Canada Labour Code, Part 5. This piece of legislation recognizes the right of the employee to organize and bargain through a union. Administration of legislation Federal legislation is administered by the Canada Industrial Relations Board, who interpret and administer legislation much like provincial counterparts, as explained previously.

Public Sector
A great number of employees who work in the public sector are unionized. There is both federal and provincial legislation. The

federal legislation is called the Public Service Staff Relations Act. While the rights afforded to public sector employees are similar to those employed in the private sector, there are some significant differences. For example, some public service employees are denied the right to strike because they are deemed to provide essential services to the public. These include workers employed as hospital workers, teachers, police officers and firefighters, who may be governed by special legislation that provides a compulsory arbitration process to resolve labour disputes instead.