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Union Access to Workers during Organizing Campaigns: A New Look through the Lens of B.C. Health Services

Resource type
Author/contributor
Title
Union Access to Workers during Organizing Campaigns: A New Look through the Lens of B.C. Health Services
Abstract
The Supreme Court of Canada ruled in the recent B.C. Health Services case that the protection of "freedom of association" in s. 2(d) of the Canadian Charter of Rights and Freedoms should be interpreted to provide "at least as much protection" for associational rights as is provided by Convention No. 87 of the International Labour Organization. The ILO Committee on Freedom of Association sees the convention as giving trade unions a right of access to employer property when attempting to organize employees. However Canadian statute and common law provides employers with an almost unfettered right to exclude union organizers, even when allowing them to have access would not interfrre with the employer's production interests. This paper examines whether that law will have to be rethought in the wake of the Supreme Court s decision.
Publication
Canadian Labour & Employment Law Journal
Volume
15
Pages
1-48
Date
2009-2010
Journal Abbr
Canadian Lab. & Emp. L.J.
Language
English
Short Title
Union Access to Workers during Organizing Campaigns
Library Catalog
HeinOnline
Citation
Doorey, D. J. (2009). Union Access to Workers during Organizing Campaigns: A New Look through the Lens of B.C. Health Services. Canadian Labour & Employment Law Journal, 15, 1–48. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1285703