Introduction
In Canada, labour law regarding the collective bargaining rights in provincial jurisdictions is complex and varied. Under provincial labour relations legislation, employees, the union, and the employer each have rights and duties when industrial disputes arise. These rights and duties are of great significance when a lockout or strike occurs because economic sanctions are an integral component within the collective bargaining process, for the exercise of bargaining powers and rights, and the integrity of this regime must be protected. In the Alberta Labour Relations Board (ALRB) complaint case “Alberta Labour Relations Board, UFCW 1118 v. Airtex Manufacturing Partnership, [1991] Alta. L.R.B.R. 78,” the employer (Airtex) lawfully …show more content…
Both parties had submitted full proposals which the other rejected. The interim terms that Airtex imposed in its sophisticated “Engineered Air Employment Conditions” brochure stemmed from the original proposal it tabled, but with significant changes such as an increase in wage rate as well as the removal of all references to the union. Airtex threatened to terminate all employees who did not comply with the new terms. The union complaints included Airtex’s violation of its duty to bargain in good faith; the unlawful, unilateral imposition of employment terms; interference with the union’s exclusivity as bargaining agent and right to represent employees; and infringement on employees exercising their bargaining rights in regards to the interim employment proposal. We will see in the next section how legislative duties and rights for each party dictate which of Airtex’s actions were legal and which were objectionable under Alberta labour law.
Collective Bargaining Legislation
Under provincial labour legislation, all employers, unions, and employees are bound by duties and rights intended to protect the collective bargaining regime, and they apply to this case as to any other. The union has every right to take complaints to the ALRB, and it is up to the Board to determine the validity of those complaints based on the Alberta Labour Relations Code. The analyses to follow will encompass the intricacies of the issues referenced earlier, beginning with the legal nature of the lockout.
Conditions of lockout
In Canada, labour law regarding the collective bargaining rights in provincial jurisdictions is complex and varied. Under provincial labour relations legislation, employees, the union, and the employer each have rights and duties when industrial disputes arise. These rights and duties are of great significance when a lockout or strike occurs because economic sanctions are an integral component within the collective bargaining process, for the exercise of bargaining powers and rights, and the integrity of this regime must be protected. In the Alberta Labour Relations Board (ALRB) complaint case “Alberta Labour Relations Board, UFCW 1118 v. Airtex Manufacturing Partnership, [1991] Alta. L.R.B.R. 78,” the employer (Airtex) lawfully …show more content…
Both parties had submitted full proposals which the other rejected. The interim terms that Airtex imposed in its sophisticated “Engineered Air Employment Conditions” brochure stemmed from the original proposal it tabled, but with significant changes such as an increase in wage rate as well as the removal of all references to the union. Airtex threatened to terminate all employees who did not comply with the new terms. The union complaints included Airtex’s violation of its duty to bargain in good faith; the unlawful, unilateral imposition of employment terms; interference with the union’s exclusivity as bargaining agent and right to represent employees; and infringement on employees exercising their bargaining rights in regards to the interim employment proposal. We will see in the next section how legislative duties and rights for each party dictate which of Airtex’s actions were legal and which were objectionable under Alberta labour law.
Collective Bargaining Legislation
Under provincial labour legislation, all employers, unions, and employees are bound by duties and rights intended to protect the collective bargaining regime, and they apply to this case as to any other. The union has every right to take complaints to the ALRB, and it is up to the Board to determine the validity of those complaints based on the Alberta Labour Relations Code. The analyses to follow will encompass the intricacies of the issues referenced earlier, beginning with the legal nature of the lockout.
Conditions of lockout