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Collective Agreement Administration (St. Clair College) MGN505 - Midterm Review
St. Clair College MGN440 (Fall 2017)
Terms in this set (18)
Refers to the relationship between a union and employer
Industrial relations (IR) refers to employment relationships in a unionized envrionment
How are union-employer relations governed?
May be governed by federal or provincial legislation
1925 Case: Snider vs. Toronto Electrical; what did this case establish?
Outcome of case required each province to develop it's own labour relations legislation;
There is a federal labour relations act and a separate labour relations act in each province
How do you determine if a union-employer relationship is governed by federal or provincial law?
Federal = any business that operates interprovincial in that it crosses provincial boundaries and is covered by federal labour laws; federal government and crown corporations employees are also covered by federal law
Provincial = any business that operates within the boundaries of that province; covers 90% of union-employer relationships in Canada
What are the common characteristics that Federal and Provincial Labour relations acts share?
- establishing union certificate procedures
- setting the minimum term for collective agreements between the employer and union
- establishing procedures for legal strikes and lockouts (activities including picketing and replacement workers)
What does labour relations law address/cover?
- establishes dispute resolution mechanisms
- defines unfair labour practices
- allows for the creation of a labour relations board (which has powers resembling those of a court)
What does a labour relations board do? What is a labour relations board called?
- enforces labour relations legislation
- resolves labour relations disputes; provides services like grievance resolution
- rules on cases
- interprets the law
- name of board varies by jurisdiction (ex. Ontario = Ministry of Labour; Ontario Labour Relations board)
Are their separate labour relations acts that govern public sector employees?
- Public sector employees = work for government affiliations/crown corporations (ex. Police, Windsor transit, Canada post)
What are para-public or quasi-public sectors? How are they governed?
- workers who work for government funded organizations but don't work directly for the government (ex. St. Clair college professors, health care workers)
- they are governed by separate acts, similar to how public sector employees
What are other pieces of legislation that affect Labour Relations and Collective Agreement Administration?
- Employment Standards Legislation (Employment Standards Act)
- Human Rights Legislation (Human Rights Code)
- Canadian Charter of Rights and Freedoms
What is human rights legislation?
- exists in every jurisdiction
- forbids discrimination based on gender, ethnicity, sexual orientation, etc
What is discrimination?
- discrimination is refusal to grant access to accommodation, contracts, goods and services, or employment because of an identified personal attribute known as protected grounds or prohibited grounds
Human Rights Legislation - Implications for Unions AND Employers
- Collective agreements cannot contain clauses that have the effect of discriminating
- unions and employers must not discriminate; whether Intentional or Systemic
What is the difference between Intentional and Systemic discrimination?
- Intentional - direct and deliberate refusal based on prohibited grounds (ex. refusing to hire a black person)
- Systemic - unintentional, constructive or adverse impact discrimination (ex. an organization or individual uses policies or practices that have the effect of discriminating against groups or individuals - excluding women during the hiring process of a typically male dominated position/field)
The Canadian Charter of Rights and Freedoms - What does it do/who does it protect?
- guarantees certain basic rights and freedoms to all Canadians contained in the federal Constitution Act (1982)
- takes precedence over all other laws with two other exceptions:
- laws that can be justified as imposing reasonable limits in a "free and democratic society"
- laws passed by provincial legislatures that invoke the "notwithstanding" provision
What does the Charter of Rights and Freedoms define?
- defines a number of fundamental rights
- broad definitions - do not include specific guidance on practical application
- applicability usually determined through outcomes of other "Charter Cases"
What are some issues that major industrial relations cases have focused on?
- Freedom of association - freedom to join groups or be associated with individuals of one's choice
- Freedom of peaceful assembly - right to picket
- Freedom of thought and expression - right to promote union belief and philosophy (express by communicating)
What are Characteristics of a unionized workplace in Canada?
- more likely to be in the public sector with a large workforce
- unionization common in industrial sectors, other industries the rate of unionization varies
- union membership is slightly higher among women and older workers
- union members generally well-educated and likely to be full-time employees
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