Labour Relations

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Applicable Legislation for Labour Relations

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Federal Legislation - Canada Labour Code Part 1: Industrial Relations

Provinical/Territoral Labour Relations Codes/Acts

Public Service Labour Relations Act

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Federal Legislation - Canada Labour Code Part 1: Industrial Relations

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legislation that regulates organizations under federal jurisidctions

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Public Service Labour Relations Act

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legislation that gives federal civil servants and indivudals working in federal agencies bargaining rights. Some provinces such as BC as wll have special legislation for public servants

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Restriction on Management Action to Prevent Unionizations

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legislation protection is provided to employees prohibiting certain actions on the pary of management to fustrate or prevent unionization.

In certain areas of canad it extends to prohibiting the use of replacement workers during a legal work stoppage

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Extensive Restriction on Strike Action

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Strikes for the purpose of gaining recognition are expressly prohibited, as are strikes occuring during the life of a collective agreement and in certain identified essential services
Right to strike is postponed until the parties have exhausted certain dispute-settlement procedures such as conciliation and mediation

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Compulsory Grievance Arbitration

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the complete restrction upon strikes and lockouts during the life of the collective agreement has create a requirement for a procedures in collective agreements for final and binding resolution of any unresolved disputes related to its interpretation and administration

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Union Shop

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the requirement that a person join the union upon being employed

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Labour Relations Boards

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each jurisdiction has established its own structure to administer collective bargaining laws

- tripartite in composition being composed of an independent chairperson, union representatives, and employer representatives

- role to resolve recognition disputes, determine whether a union should be granted certification rights, and define the appropriateness of the bargaining unit

- deal with unfair labour complaints, complaints as to whether a union is fulfilling its obligation to provide fair representation and jurisdiction disputes between unions

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Courts

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these bodies play a role in labour -relations law because of their general jurisdiction to administrer civil and criminal law, their power to review the decisions of labour board and abitration boards, and their role as the ultimate interpreter of the Canadian Constituion

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Business Unionism

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the focus is on increased economic benefits, improved treatment and job security

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Reasons employees join unions

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- influence HR policies and practices affecting them and their co-workers

- achieve better pay and benefits

- achieve greater control over the jobs being performed

- increase job security

- improve working conditions

- help achieve greater satisfaction and meet their affliation needs

- influence the rules and procedures regarding discipline, transfers, promotions, grievances and layoffs

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"political" nature of unions

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unions depend upon the support of their members in order to continue to exists,

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Authorization Card/ Membership Card

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a card signed by employees indicating their willingess to be represented by a union

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Pre-hearing Vote

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called by the LRB early in the certification campaign where there appears to be irregularities in the certification process

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Representation Vote

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secret ballot vote by members of the bargaining unit resulting in the acceptance or rejection of the union by employees

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Bargaining Agent

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the union that has been certified by the Labour Relations Board to represent the employees in the bargaining unit