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68 Cards in this Set
- Front
- Back
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Reform of Civil Service Act |
1960, but didnt bring binding arbitration nor social |
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Industrial relation disputes Investigations Act |
cemented the legislative rights first established with PC 1003 for employees under federal jurisdiction. |
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Postal Worker Strike |
1965- workers walked off job site 2 new unions were formed |
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Public Service Staff Relations Act (PSSRA) |
-a system of collective bargaining rights which included exclusive representative rights for bargaining units -prohibitions on unfair labour practices, obligations to bargain in good faith -binding arbitration backed by the right to strike and a legally enforceable collective agreement. |
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Public Service Alliance of Canada |
large federal public sector, didnt believe in strikes |
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Civil Service Act 1917 |
to grade and classify workers in each branch of the civil service, the object being to adjust salaries in a fair and equitable manner. |
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Mediation Commissions Act |
-empowered the BC Cabinet torefer a private sector dispute in the to the Commission for bindingdetermination whenever, in the opinion of Cabinet, such wasnecessary to protect the public interest or welfare. Referral wouldeither end or pre-empt any strike or lockout.
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mediation Commissions Act was repealed in favour of |
Labour Code of British Columbia Act |
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essential services provision |
permitted fire fighter police and hospitals to unilaterally elect binding arbitration for settlement of a collective agreement |
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Essential Services Continuation Act |
Ordered people back to work |
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Public Sector Compensation Restraint Act 1982
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The Act legislated away collective bargaining rights of approximately200,000 public service employees for two years, imposed maximumwage increases of six percent and five percent for a minimum of twoyears and rolled back signed agreements with increases above thoseamounts.
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West Coast Ports Operations Act 1982
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The Act ended a strike by longshoremen at British Columbia ports andmandated a settlement.
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Maintenance of Ports Operations Act 1986
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The Act ended a strike by British Columbia dockworkers and imposed asettlement based on a conciliator’s report, including a wage freeze forone year and increases below the level of inflation for the following twoyears
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Postal Services Continuation Act 1987
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The legislation ended a seven-day strike by postal workers andprohibited further strikes for the duration of the imposed settlement.
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Maintenance of Railway Operations Act 1987
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The Act ended a five-day strike by railway workers and orderedemployees to return to work, extended the expired collective agreementand provided for arbitration.
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Prince Rupert Grain Handling Operations Act 1988
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The Act ended a strike by grain handlers, extended the expiredcollective agreement and provided for the appointment of an arbitratorto address all matters in dispute
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Government Services Resumption Act 1989
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The Act ended a strike by ships’ crews and federal hospital employees,extended collective agreements and established conciliation boards toresolve matters in dispute between the parties.
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Thunder Bay Grain Handling Operations Act 1991
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The Act ended a nine-day strike by approximately 900 grain handlers,extended the collective agreement and provided for the appointment ofa mediator-arbitrator.
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Public Sector Compensation Act 1991
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The Act ended a strike by members of the Public Service Alliance ofCanada (PSAC), extended existing contracts for a two-year period withno wage increase in the first year and a three percent wage increase inthe second year and suspended collective bargaining for a three-yearperiod.
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Public Service Reform Act 1991
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The Act expanded the category of federal government employeesoccupying managerial and confidential positions who were excludedfrom unionization. The Act also allowed Cabinet to suspend strikesduring an election period and enabled management to hire more casualworkers and contract out a larger amount of work.
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British Columbia Grain Handling Operations Act 1991
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The Act ended a strike by grain handlers, extended the term of thecollective agreement and provided for the appointment of amediator-arbitrator for the purposes of concluding a new collectiveagreement.
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Postal Services Continuation Act 1991
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The Act ordered an end to a strike by postal workers, extended theexpired collective agreement and provided for the appointment of anarbitrator.
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Government Expenditure Restraint Act 1993
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The Act extended the wage freeze for federal public service employeesand suspended collective bargaining for a further two years beyond theone-year suspension contained in the Public Sector Compensation Act,1991.
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West Coast Ports Operations Act 1994
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The Act ended a two-week strike by 3,500 longshoremen employed withthe Port of Vancouver, extended the collective agreement and providedfor the nomination of an arbitrator to perform final offer selection.
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Budget Implementation Act 1995
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The Act amended the Public Sector Compensation Act, 1991 affectingfederal public service employees. It rescinded the bargaining agent’sright to negotiate job security and workforce provisions in collectiveagreements for a period of three years and extended the wage freeze forthe fifth consecutive year.
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Maintenance of Railway Operations Act 1995
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The Act ordered an end to a strike by railway employees of CN, CPand VIA, extended the expired collective agreement and appointed aMediation-Arbitration Commission for each bargaining unit to beguided by consideration of the economic viability of a coast-to-coastrailway system..
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West Coast Ports Operations Act 1995
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The Act ended a strike of 500 ship and dock foremen of the Port ofVancouver, extended the collective agreement and provided for theappointment of a mediator-arbitrator.
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Public Sector Compensation Restraint Act 1994
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The Act extended the collective agreement of teachers employed inYukon Territory for three years, suspending collective bargaining, frozecompensation for the same period and further reduced wages by twopercent effective January 1, 1995.
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Budget Implementation Act 1994
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The Act extended the wage freeze for federal public service employeesfor two years, suspended provisions regarding pay increments andexcluded all forms of collective bargaining by again amending thePublic Sector Compensation Act, 1991.
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Postal Services Continuation Act 1997
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The Act ended a strike by postal workers, extended the expiredcollective agreement for three years, imposed pay awards and requiredthe mediator-arbitrator appointed by the Minister to take Canada PostCorporation’s interests into account, including its viability and financialstability.
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Budget Implementation Act 1999
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The Act suspended the right of federal government employees to usebinding arbitration as a dispute resolution mechanism duringnegotiations with Treasury Board in 1999.
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Government Services Act 1999
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The Act ended rotating strikes by blue-collar federal employees,extended the expired collective agreements and permitted thegovernment to set the terms and conditions. Passed after a tentativeagreement to end the dispute had been reached between the parties
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Public Services Modernization Act, 2003
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This Act amended the Public Services Labour Relations Act to broadenthe definition of essential services by giving the employer the exclusiveright to determine the level and frequency of service during a strike.This means that the right to strike will be severely curtailed, if notremoved completely. It also excluded fundamental workplace issuessuch as staffing and classification from collective bargaining.
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Railway Continuation Act, 2007
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-The Act ended a strike by railway workers and imposed a final offerselection process to resolve matters remaining in dispute.
-The act forced 2,800 members of the United Transportation WorkersUnion at CN Rail back to work: drivers, yardmasters, and trainmen whohad rejected the employer’s last offer by a nearly 80 per cent margin. |
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Expenditure Restraint Act 2009
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This Act imposed caps on salary increases for federal governmentemployees, prohibited any additional remuneration such as allowance,bonus, differential or premium and prohibited any changes to theclassification system that resulted in increased pay rates. In severalcases, the legislation override previously negotiated collectiveagreements containing wage increases above the imposed salary caps.
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Public Sector Equitable Compensation Act 2009
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This Act, as part of the federal government’s 2009 BudgetImplementation Act, removed the right of public sector workers tocollectively file complaints for pay equity with the Canadian HumanRights Commission, forcing women to file complaints as individuals. Itimposes a $50,000 fine on any union that encourages or assists theirown members in filing a pay equity complaint.
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Restoring Mail Delivery for Canadians Act 2011
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This legislation forced locked-out postal workers back to work. Itimposed wage increases that are less than the employer’s last offer andreferred all other outstanding issues to final offer arbitration andrestricted the impartiality of the arbitrator in deciding on a settlement
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Back to work legislation tabled 2011
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In 2011 Labour Minister Lisa Raitt announced, after less than one dayof picketing, that she would forcibly end a strike by Canadian AutoWorkers members at Air Canada.
The two sides settled, sending one outstanding item, pensions for newhires, to arbitration. Strike only lasted two days after Raitt’s announcement. The settlement came just hours after the Conservative governmenttabled a bill that would have forced the striking employees to return towork. Arbitrator ultimately ruled in favour of the union position. Notable is the fact that Air Canada is a private company, and itsemployees are not public servants. |
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Back to work legislation threatened 2011
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Air Canada and its 6,800 flight attendants in dispute.
Strike likely. Gov’t threatens back to work legislationRaitt send dispute to CIRB, preventing strike. Parties agree to binding arbitration. |
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Economic Action Plan Act 2013
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Explicit power to give Crown corporations orders as to how they shouldnegotiate with employees, both unionized and non-unionized, andwould give the government the power to have a Treasury Board officialsit in on collective bargaining sessions at Crown corporations.
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Budget Implementation Act 2013
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Sections of this 321-page omnibus federal budget legislation (2013)gives the federal government, as the employer, the unfettered right todecide what work is considered essential and how many and whichworkers are required to accomplish this work during a strike.
It allows the federal government to increase the number of essentialemployees at any point in the bargaining process, even during a strike. The arbitration option is removed for all bargaining units except thosewhere 80 per cent of employees perform work that has been designatedessential by the employer. Groups that do not meet the 80 per cent threshold are automaticallyput on the conciliation-strike route. In the few cases where arbitrationwill be allowed, the process will no longer be independent ofgovernment. Arbitrators will be limited to consider only two factors: recruitment andretention, and the government’s fiscal circumstances relative to itsbudgetary policies. |
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Employees’ Voting Rights Act 2014
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This Act amends the Canada Labour Code, the Public Service LabourRelations Act and the Parliamentary Employment and Staff RelationsAct, making it tougher to for workers to join a union under federaljurisdiction and easier to decertify one.
The Act removes automatic certification when the majority of workerssign union cards.It also mandates a decertification vote when a member of a bargainingunit claims to represent 40 percent of the bargaining unit memberswishing to decertify from the union. These new and stricter requirements make it harder for workers toorganize, and create longer delays between the beginning of anorganizing drive and its conclusion, allowing the employer to lean onworkers and threaten them with negative consequences if they vote tounionize. |
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Health and Social Services Delivery Improvement Act 2002
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This Act eliminated much of the job security protection for health andsocial service workers that their unions managed to bargain as part oftheir collective agreements.
It empowered health and social service employers to contract out tonon-union employers not bound by the terms of the collectiveagreements, notwithstanding clauses to the contrary in collectiveagreements. Existing layoff and bumping provisions in collective agreements wererewritten by the legislation in favour of the employer. Severance pay was unilaterally reduced below even the standardapplicable to non-union employees under provincial EmploymentStandards legislation. In 2007, by a 6-1 majority, the Supreme Court of Canada overruled 20years of its own jurisprudence and held that the procedural right ofcollective bargaining is protected by the Canadian Charter of Rightsand Freedoms and that provisions dealing with contracting out, layoffsand bumping were unconstitutional |
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Public Education Flexibility and Choice Act 2002
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The Act permitted public school board employers to overridenegotiated collective agreement provisions for teachers regarding classsize, staffing formulae and integration of special needs students andprevented these matters from being raised in collective bargaining.
In 2011 the B.C. Supreme Court concluded that certain provisions ofthe legislation were unconstitutional and invalid. Normally this resultmeans that legislation is null and void, pursuant to s. 52(1) of theConstitution Act. Because this would impact the scope of the collective bargainingprocess and the collective agreement between BCPSEA and theBCTF the declaration of invalidity was suspended for a period oftwelve months ”to allow the government time to address therepercussions of the decision”. |
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Coastal Ferry Act, 2003
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The Act allowed private contractors to override contracting outprovisions contained in the ferry workers’ collective agreement.
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Railway and Ferries Bargaining Assistance Amendment Act 2003
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The Act ended a strike by ferry workers employed by the newlyprivatized BC Ferry Corporation
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Health Sector Partnerships Agreement Act 2003
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The Act prevented the Labour Relations Board and arbitrators frommaking a true employer declaration for employees working for a privatecontractor or subcontractor in the health sector.
It also overrode collective agreement provisions prohibiting contractingout, rewrote layoff and bumping provisions and reduced severance paybelow even the minimum standards applicable to non-unionizedemployees under provincial Employment Standards legislation. |
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Teachers Collective Agreement Act 2005
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This Act resulted in five years of imposed condition’s of employment,no improvement in students learning conditions and a freeze onteachers’ salaries..
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Ambulance Services Collective Agreement Act 2009
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This legislation imposed a contract on B.C.s ambulance paramedicsafter a seven-month strike in which workers had continued to work atessential service levels.
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Education Improvement Act 2012
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The legislation took away the right to strike from BC’s 41,000 publicschool teachers, imposed a wage freeze and sent remaining unresolvedissues to a government-appointed mediator who was mandated tooperate under a narrow government mandate focused on employerconcessions.
The legislation also re-introduced parts of Bills 27 and 28 passed by theLiberal government in 2001, which prohibited bargaining on class size,class composition and the ratios of teachers to students. In April 2011, the BC Supreme Court ruled that those sections of Bills27 and 28 were unconstitutional and in breach of the Canadian Charterof Rights and Freedoms. |
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Health Sector (Facilities Subsector) Collective Agreement Act, 2004
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The Act ended a three-day-old strike of 43,000 health supportemployees who work in hospitals and long-term care facilities across theprovince
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Grievance |
procedures for solving disputes union- policy grievance employer- grievance |
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Union grievances can be processed if they believe the employer is acting in violation of |
The collective agreement Past practice Human Rights Code any other statute implied duty of fairness |
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Important Categories of Grievances |
Failure to provide a safe/harassment free environment Failure to accomodate |
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Who handles grievances |
-union is represented by a shop steward or a professional officer -Employer- line management or human relations |
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Shop Stewards |
Elected by members Their job is -to monitor the workplace conditions as set out in the collective agreement -deal with complaints and investigate grievances |
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Steps of a grievance |
3 steps 1. Employee discusses grievance with the supervisor. Shop stewards may or may not be involved. 2. Grievance put into writing and parties discuss grievance. 3. If denied, Union proceeds to Grievance Arbitration. |
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Grievance Arbitration in US |
Grievance arbitration is not required by law, private contract matter |
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Grievance Arbitration in Canada |
grievance arbitration is mandatory. Arbitrators look into public interest as well as to the interests of the parties. |
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Importance Weber v. Ontario Hydro |
arbitrators have exclusive jurisdiction to decide matters that arise under the collective agreement -includes cases where alleged breach of the collective agreement also constitutes a breach in common law duty, or the Charter of Rights and Freedoms |
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Implication of the Parry Sound case |
employment related statutes are deemed to be implicitly included in the collective agreement, even in the absence of a provision to that effect in the agreement. |
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For an employer to dismiss an employee without any statutory or common law notice... |
employee must have done something to undermine the entire employment relationship
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Aggravated vs Punitive Damages |
agrravated damages compensate employees for intangible losses. Punitive damages are non compensatory damages intended to punish the employer for harsh, vindictive, reprehensible or malicious conduct. |
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Wallace Damages |
False accusations damaging the employees future prospects misrepresenting the reasons for termination Firing the employee to ensure deprivation of a benefit Firing an employee in front of coworkers |
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Moral Damages |
Merger of Wallace Damages and aggravated damages compensation if the employer caused mental distress that the employer could have reasonably forseen |
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Things that undermine the entire employment relationship |
-Dishonesty -insolence and insubordination -breach of trust -conflict of interest -chronic absenteeism or lateness -sexual harassment -serious incompetence -intoxication at the workplace -fraudulent misrepresentation as to qualifications |
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Just clause article |
10.1 Just Cause
(a) The Employer shall not dismiss or discipline anemployee or issue a suspension pending aninvestigation except for just and reasonable cause. (b) In all cases of dismissal and discipline the burdenof proof of just cause shall rest with the Employer. |
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Progressive discipline |
Oral Counseling Oral warning Letter of Expectation Written Warning Suspension without pay Demotion Dismissal for Cause |
