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This paper deals with some of the basic problems created by the adoption of collective bargaining procedures by faculty at Canadian colleges and universities.
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In this paper, the author describes the major features of the legal structure for collective bargaining in the Ontario public sector. The emphasis is mostly placed upon the Crown Employees Collective Bargaining Act which applies to a sub-stantial portion of the Ontario public sector labor force. The basic issues dealt with include : disputes settlement, scope of bargaining, determination of bargaining units, representation elections and political activities.
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Can legal tools used by judges and lawyers adequately deal with the public policy issues that underly any alteration of our present system of industrial relations.
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The Charter has had the effect of casting a long shadow of uncertainty over our established industrial relations institutions. Nowhere is this more true than in the area of grievance arbitration. In this paper, the author deals with the issues at stake, and the reasons why bot h arbitrators and judges are having such difficulty in deciding upon the extent to which grievance arbitration should be influenced by the Charter.
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This article reviews the book, "Compulsory Arbitration in New Zealand - The First Forty Years," by James Holt.
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Grievance arbitrators now have a responsibility to interpret and apply human rights legislation in the course of resolving collective agreement disputes. This responsibility, however, raises the question of whether grievance arbitration is the most suitable forum for the application of human rights laws. In Canada, grievance arbitration has been a hybrid process, containing both public and private components. Recent arbitral jurisprudence, however, suggests that arbitrators see themselves as primarily private adjudicators. These cases indicate that arbitrators have been reluctant to give full scope to the duty to accommodate in order to avoid disturbing the terms of the collective agreement. This reluctance to play a full role as human rights adjudicators means that arbitration is not necessarily the most ideal forum for the enforcement of Canadian human rights laws.
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The impact of the US judicial doctrines on recent Canadian Charter of Rights and Freedoms decisions relating to Canada's collective bargaining laws is analyzed. No clear pattern emerges concerning the impact of American jurisprudence on those Charter cases relating to labor law. What is very noticeable, however, is the tendency of the Canadian judiciary to consult US case law, even if it is ultimately rejected as a deciding factor in the particular decision to be rendered. Even in those cases in which US jurisprudence was seen to be particularly relevant, it was never to the exclusion of an assessment of the Canadian experience or without a recognition that the values, institutions, and constitutional arrangements of the 2 nations are different.
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For a clear understanding of the legal protections and remedies available to employers and workers in Canada, this convenient survey and analysis is ideal. Although it may be said that there are eleven distinct systems of labour law in Canada - encompassing ten provinces and the Federal government - the authors ensure depth of treatment by focusing on common policy themes and typical legal solutions, with significant departures noted in whatever province or area of law they may arise. However, the relevant law of the three most populous and influential provinces - Quebec, Ontario, and British Columbia - is covered in particular detail, as is Federal labour legislation and case law. Among the important areas of Canadian law and practice emphasised are the following: the tension between trade union power and business flexibility; collective "labour law" and individual "employment law"; the effect of the North American Free Trade Agreement; the central place of the legal concept of the employment contract; labour standards legislation; the influence of the 1982 Charter of Rights and Freedoms; court intervention in labour law, both under common law principles and Quebec's civil code; the role of labour relations boards; and judicial review of administrative decisions and arbitration awards. As an accurate and usable guide for lawyers not expert in Canadian law, Labour Law in Canada is without peer. --Publisher's description
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