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Presentation by
Ginette Brazeau, Director of Legislation, Research and Policy
Federal Mediation and Conciliation Service
Labour Program
Human Resources and Social Development Canada
Constitutional Jurisdiction
Canada has
ten provinces and
three territories
The Canadian
Constitution
assigns jurisdiction
for certain industries
exclusively to the
federal government
and others to
the provincial
governments.
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Union Recognition
Employees in a workplace, by majority support, may choose to be
represented by a trade union.
Certification of bargaining agent is a democratic process:
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Note legal obligation: during a strike or lockout, the union, the employer and the
employees must continue to supply services, operate facilities or produce goods
to the extent necessary to prevent an immediate and serious danger to the
safety or health of the public.
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Minimum duration of 1 year (but longer collective agreements are more typical)
Strikes and lockouts are illegal during the term of the agreement
Any disputes over the application or interpretation of the collective agreement
must be submitted to grievance arbitration
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Our Mission:
The Federal Mediation and Conciliation Service
(FMCS) is responsible for providing dispute
resolution and dispute prevention assistance
to trade unions and employers under the
jurisdiction of the Canada Labour Code.
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Summary
Canadian free market economy
The Canadian IR system is a structured framework for interaction between
employers and unions that works
The collective bargaining process has a negative economic impact if bargaining
fails, however these same economic pressures strongly influence the parties to
reach a settlement
Positive labour-management relations and cooperative workplaces contribute to
higher productivity
Government, through the FMCS, plays a key role in promoting effective workplace
relations
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