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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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We examine the pivotal role of academic staff associations (ASAs) in advocating and influencing the adoption of vaccination mandates at Canadian universities in the run-up to the fall 2021 term. Through document analysis and semi-structured interviews with ASA leaders and staff, we delve into the factors behind ASA positions on such mandates. We demonstrate that the vast majority of ASAs advocated robust COVID-19 mitigation measures, including vaccination mandates, but their approaches varied because of regional differences and institutional and sectoral dynamics. Many ASAs actively promoted mandatory vaccination, unlike the case with the vast majority of other unions.
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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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This book 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
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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
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