Chapter 2

The Legal Environment

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Learning Objectives
2-2

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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The Regulatory Framework

2-3

Wagner Act (1935)

Named after the bills sponsor

Senator Robert F. Wagner of New York

National Labour Relations Act

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The Regulatory Framework

2-4

Prior to the Wagner Act

Industrial Dispute Investigations Act

(1907)

violent power struggles for union recognition

an attempt at order

Scientific Management (Frederick Taylor)

production processes/tasks carefully defined

reduces autonomy of skilled workers

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The Regulatory Framework

2-5

P.C. 1003 (1944)

War time
Canadian Privy Council adopts Wagner Act
model

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The Regulatory Framework

2-6

The Snider Case (1925)

landmark court case

determined that labour a provincial matter

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2-7

Union Recognition
Under Wagner

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

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Labour Boards
2-8

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
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Labour Boards
2-9

Scope

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

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Recognition Process
2-10

Bargaining Unit

group of employees eligible to be represented

by a union

Unfair Labour Practice

Management employees are excluded

Community of Interests must exist
Employer structure considered, appropriate

alleged violation of the provincial labour

relations act

Duty of Fair Representation

union must represent all employees equally

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Collective Bargaining
2-11

Bargain in good faith

Voluntarism

make a serious attempt to reach a settlement

collective bargaining a private matter
government intervention should be kept to a minimum

Canadian laws require greater government

intervention

Conciliation
Mediation
arbitration

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2-12

Expanded
Government Role

Industrial Inquiry Commission

Last-Offer Vote
First Contract Arbitration
Replacement Worker Laws

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2-13

Collective Agreement
Administration

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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Role of the Charter

2-14

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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Supreme Court Decisions

2-15

Right to strike

early labour trilogy

negative views of Charters ability to
protect workers right to freedom of
association.

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2-16

Review of 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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Supreme Court Decisions

2-17

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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2-18

Review of 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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Employment Conditions
2-19

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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International Law
2-20

Three key conventions:

Convention 87, freedom of association and

protection of right to organize (1948).
Ratified

Convention 98, right to organize and

collective bargaining (1949).
Not

by Canada in 1972.

ratified by Canada.

Declaration on Fundamental Principles and

Rights at Work (1998).
Canada

voted for it.

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