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Discusses back-to-work legislation, including the definition of essential services, with respect to the Charter of Rights and Freedoms and the Supreme Court of Canada's 2015 decision that upheld the right to strike. Concludes that back-to-work legislation will continue to be the Canadian state's go-to option, although recent case law also supports "meaningful" alternative dispute resolutions.
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This article explores union responses to workplace-based covid-19 vaccine mandates in Canada. Specifically, the authors examine the complex interplay of factors that drove unions to adopt their respective positions on vaccine mandates and to frame those positions in particular ways for the benefit of their members and the wider public. Interviews with key informants, along with analysis of documents and arbitration decisions, reveal a disjuncture between the discursive quality of certain unions’ positions and their actual positions. In particular, media framing of unions as either “for” or “against” vaccine mandates oversimplified or misrepresented the actual positions adopted. In response, the article introduces a typology of union positions that distinguishes between support for mandatory-vaccination policies and support for voluntary-vaccination policies and reveals that the vast majority of unions favoured the latter. The authors further reveal that workplace vaccine mandates were both internally divisive and disorienting for unions, given the central role labour organizations play in managing workplace disputes and representing the interests of workers, both individually and collectively.
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Canadian Labour Relations: Law, Policy, and Practice, 2nd Edition offers non-legal students an in-depth exploration of work-related law, policy, and current issues. Topics include the unionization process, collective bargaining, regulation of unions, industrial conflict, collective agreement administration, and notable court decisions. Practical problem-solving exercises and questions are featured throughout in order to help readers apply the law to real-life scenarios. This edition includes updated legislation, mock arbitration and negotiation scenarios, and an entirely new section that explores key policy issues and debates. --Publisher's description. "The text is a companion volume to The Law of Work: Common Law and the Regulation of Work. It provides an in-depth exploration of the unionization process, collective bargaining, the regulation of unions, industrial conflict, collective agreement administration, and more." Contents: Part I. The law of work : themes, frameworks, and perspectives. Canadian law of work in a nutshell -- A framework for analyzing the law of work -- Key perspectives that shape the law of work -- What is employment? -- Part II. The collective bargaining regime. Introduction to the collective bargaining regime and the Canadian labour movement -- A brief history of labour and the law -- Why do workers join unions and what effects do unions have on business? -- The unionization process -- Unfair labour practices and the right to organize -- Collective bargaining and making a collective agreement -- The law of industrial conflict -- The collective agreement -- Grievances, the labour arbitration, and "just cause" in the unionized workplace -- The regulation of unions : legal status, the duty of fair representation, and decertification -- Public sector labour relations -- Part III. The Charter of Rights and Freedoms and work -- Globalization and the law of work : international labour law and trade law -- Part IV. Issues and debates in industrial relations and collective bargaining. Issue: card-check or mandatory vote: which model better measures employees' desire to unionize? -- Issue: is the Wagner model of collective bargaining good for Canadian workers? -- Issue: should minority unionism be recognized and promoted in Canadian labour policy? -- Issue: should Canada adopt right to work laws? -- Issue: should the use of replacement workers be prohibited? -- Issue: should public sector workers have the right to strike? -- Issue: Has the Charter advanced labour rights?
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Examines the shifting currents of court decisions on labour rights in the Charter era. Concludes that labour's resort to the courts is primarily defensive and that victories, when they occur, are limited.
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In the wake of the COVID-19 pandemic, the need to re-establish the labour movement’s political capacity to exert collective power in ways that foster greater opportunity and equality for working-class people has taken on a greater sense of urgency. Understanding the strategic political possibilities and challenges facing the Canadian labour movement at this important moment in history is the central concern of this second edition of Rethinking the Politics of Labour in Canada. With new and revised essays by established and emerging scholars from a wide range of disciplines, this edited collection assesses the past, present and uncertain future of Canadian labour politics in the wake of the COVID-19 pandemic. Bringing together the traditional electoral-based aspects of labour politics with analyses of newer and rediscovered forms of working-class organization and social movement-influenced strategies, which have become increasingly important in the Canadian labour movement, this book seeks to take stock of these new forms of labour politics, understand their emergence and assess their potential impact on the future of labour in Canada. --Publisher's description. Contents: Part 1: Contextualizing Labour and Working-Class Politics. Canadian Labour and COVID-19 / Stephanie Ross and Larry Savage -- Business Unionism and Social Unionism in Theory and Practice / Stephanie Ross. Part 2: The Challenge of Electoral Politics. Struggling to Survive: The New Democratic Party and Labour in the Neoliberal Era / Alan Ernst and Bryan Evans -- Labour and Politics in Quebec / Peter Graefe -- Anybody but Conservative: Canadian Unions and Strategic Voting / Larry Savage. Part 3: The Prospects of Extra-Parliamentary Activism. Interrogating the Union Politics of Equity, Inclusion and Diversity / Winnie Ng and Carol Wall -- Which Side Are You On? Indigenous Peoples and Canada’s Labour Movement / Suzanne Mills and Tyler McCreary -- The Politics of Migrant Worker Organizing in Canada / Karl Gardner, Dani Magsumbol and Ethel Tungohan -- Community Unionism and Alt-Labour in Canada / Simon Black -- Canadian Labour and the Environment: Addressing the Value-Action Gap / Dennis Soron -- Class Struggle Goes to Court: Workers’ Rights and the Charter of Rights and Freedoms / Charles Smith and Alison Braley-Rattai.
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