industrial relations in canada third edition fiona a. e. mcquarrie prepared by kenda murphy, saint...

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INDUSTRIAL INDUSTRIAL RELATIONS RELATIONS IN CANADA IN CANADA Third Edition Third Edition Fiona A. E. McQuarrie Fiona A. E. McQuarrie Prepared by Prepared by Kenda Murphy, Saint Mary’s Kenda Murphy, Saint Mary’s University University

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Page 1: INDUSTRIAL RELATIONS IN CANADA Third Edition Fiona A. E. McQuarrie Prepared by Kenda Murphy, Saint Mary’s University Kenda Murphy, Saint Mary’s University

INDUSTRIAL INDUSTRIAL RELATIONSRELATIONSIN CANADAIN CANADAThird EditionThird Edition

Fiona A. E. McQuarrieFiona A. E. McQuarriePrepared byPrepared by

Kenda Murphy, Saint Mary’s UniversityKenda Murphy, Saint Mary’s University

Page 2: INDUSTRIAL RELATIONS IN CANADA Third Edition Fiona A. E. McQuarrie Prepared by Kenda Murphy, Saint Mary’s University Kenda Murphy, Saint Mary’s University

Chapter 1Chapter 1

An Introduction to Industrial An Introduction to Industrial Relations in CanadaRelations in Canada

Page 3: INDUSTRIAL RELATIONS IN CANADA Third Edition Fiona A. E. McQuarrie Prepared by Kenda Murphy, Saint Mary’s University Kenda Murphy, Saint Mary’s University

• At the end of this chapter, you should be able to:At the end of this chapter, you should be able to: Identify the various terms used to describe union-Identify the various terms used to describe union-

management relationshipsmanagement relationships Describe how other academic subjects might Describe how other academic subjects might

address industrial relations issuesaddress industrial relations issues Identify the major pieces of legislation that Identify the major pieces of legislation that

regulate Canadian industrial relations and explain regulate Canadian industrial relations and explain what they have in commonwhat they have in common

Understand how other kinds of Canadian Understand how other kinds of Canadian legislation affect industrial relationslegislation affect industrial relations

Explain some of the major demographic and Explain some of the major demographic and statistical features of Canadian union membershipstatistical features of Canadian union membership

Chapter 1 ObjectivesChapter 1 Objectives

Page 4: INDUSTRIAL RELATIONS IN CANADA Third Edition Fiona A. E. McQuarrie Prepared by Kenda Murphy, Saint Mary’s University Kenda Murphy, Saint Mary’s University

• Industrial relationsIndustrial relations:: Refers to the relationship between a Refers to the relationship between a unionunion and and

an an employeremployer

• The difference between Industrial Relations The difference between Industrial Relations (IR) and Human Resource Management (HR) (IR) and Human Resource Management (HR) is that IR refers to employment relationships is that IR refers to employment relationships in a unionized environment whereas HR in a unionized environment whereas HR deals with employment relationships in all deals with employment relationships in all types of organizations.types of organizations.

What Is Industrial Relations?What Is Industrial Relations?

Page 5: INDUSTRIAL RELATIONS IN CANADA Third Edition Fiona A. E. McQuarrie Prepared by Kenda Murphy, Saint Mary’s University Kenda Murphy, Saint Mary’s University

The Legal FrameworkThe Legal Framework

• JurisdictionJurisdiction Depending on the situation, union-employer Depending on the situation, union-employer

relations may be governed by federal or relations may be governed by federal or provincial legislationprovincial legislation

Until the mid-1920s, all IR issues were Until the mid-1920s, all IR issues were covered by federal lawscovered by federal laws

In 1925, case of In 1925, case of Snider vs. Toronto Electrical Snider vs. Toronto Electrical Commission Commission established that industrial established that industrial relations were mostly a provincial relations were mostly a provincial responsibilityresponsibility

Page 6: INDUSTRIAL RELATIONS IN CANADA Third Edition Fiona A. E. McQuarrie Prepared by Kenda Murphy, Saint Mary’s University Kenda Murphy, Saint Mary’s University

FederalFederal JurisdictionJurisdiction

• Any business that operates Any business that operates interprovinciallyinterprovincially, , in that it crosses provincial boundaries, is in that it crosses provincial boundaries, is covered by federal labour laws covered by federal labour laws

• Examples of interprovincial businesses are Examples of interprovincial businesses are banking, telecommunications, broadcasting banking, telecommunications, broadcasting and interprovincial transportationand interprovincial transportation

• Federal government and Crown Corporation Federal government and Crown Corporation employees are also coveredemployees are also covered by federal laws by federal laws

Page 7: INDUSTRIAL RELATIONS IN CANADA Third Edition Fiona A. E. McQuarrie Prepared by Kenda Murphy, Saint Mary’s University Kenda Murphy, Saint Mary’s University

Provincial JurisdictionProvincial Jurisdiction

• Provincial labour law covers businesses that Provincial labour law covers businesses that operate within the boundaries of that province operate within the boundaries of that province oror intraprovinciallyintraprovincially Covers 90 percent of union-employer Covers 90 percent of union-employer

relationshipsrelationships in Canada in Canada

Page 8: INDUSTRIAL RELATIONS IN CANADA Third Edition Fiona A. E. McQuarrie Prepared by Kenda Murphy, Saint Mary’s University Kenda Murphy, Saint Mary’s University

Types of Laws Covering Labour Types of Laws Covering Labour Relations Relations

Labour Relations LawsLabour Relations Laws• Federal and provincial labour relations acts share Federal and provincial labour relations acts share

common characteristics that include: common characteristics that include: Establishing union certification procedures Establishing union certification procedures Setting the minimum term for collective Setting the minimum term for collective

agreements between employer and union agreements between employer and union Establishing procedures for legal strikes and Establishing procedures for legal strikes and

lockoutslockouts Establishing dispute resolution mechanismsEstablishing dispute resolution mechanisms Defining unfair labour practicesDefining unfair labour practices Creating Creating labour relations boardlabour relations board

Page 9: INDUSTRIAL RELATIONS IN CANADA Third Edition Fiona A. E. McQuarrie Prepared by Kenda Murphy, Saint Mary’s University Kenda Murphy, Saint Mary’s University

Public Sector Labour Relations Public Sector Labour Relations Legislation Legislation

• Para-publicPara-public or or quasi-public sector quasi-public sector legislationlegislation These laws cover government employees and/or These laws cover government employees and/or

employees of agencies and bodies affiliated with employees of agencies and bodies affiliated with the governmentthe government

These employees work in an arm’s length capacity These employees work in an arm’s length capacity from the government in that they are funded by from the government in that they are funded by the government but not directly paid by the the government but not directly paid by the governmentgovernment

Examples: health care workers, court workers, Examples: health care workers, court workers, employees of colleges and universitiesemployees of colleges and universities

Page 10: INDUSTRIAL RELATIONS IN CANADA Third Edition Fiona A. E. McQuarrie Prepared by Kenda Murphy, Saint Mary’s University Kenda Murphy, Saint Mary’s University

Other Relevant LegislationOther Relevant Legislation

• Employment Standards LegislationEmployment Standards Legislation• Human Rights LegislationHuman Rights Legislation• Canadian Charter of Rights and FreedomsCanadian Charter of Rights and Freedoms

Page 11: INDUSTRIAL RELATIONS IN CANADA Third Edition Fiona A. E. McQuarrie Prepared by Kenda Murphy, Saint Mary’s University Kenda Murphy, Saint Mary’s University

Human Rights LegislationHuman Rights Legislation

• Exists in every jurisdictionExists in every jurisdiction• Prohibits discrimination ii—intentional or Prohibits discrimination ii—intentional or

systemic—on the basis of personal systemic—on the basis of personal characteristics or attributes, known as characteristics or attributes, known as protected protected or or prohibited grounds prohibited grounds

• There are, however, instances where the There are, however, instances where the requirements of a job will, by necessity, requirements of a job will, by necessity, exclude certain people or allow only certain exclude certain people or allow only certain candidates to applycandidates to apply

Page 12: INDUSTRIAL RELATIONS IN CANADA Third Edition Fiona A. E. McQuarrie Prepared by Kenda Murphy, Saint Mary’s University Kenda Murphy, Saint Mary’s University

Human Rights LegislationHuman Rights Legislation

• Implications for unions and employers: Implications for unions and employers: Collective agreements must not contain Collective agreements must not contain

clauses that have the effect of discriminatingclauses that have the effect of discriminating Unions and employers must not act in a Unions and employers must not act in a

discriminatory fashiondiscriminatory fashion

Page 13: INDUSTRIAL RELATIONS IN CANADA Third Edition Fiona A. E. McQuarrie Prepared by Kenda Murphy, Saint Mary’s University Kenda Murphy, Saint Mary’s University

The Charter of Rights and FreedomsThe Charter of Rights and Freedoms

• The The Charter of Rights and Freedoms Charter of Rights and Freedoms guarantees certain basic rights and freedoms guarantees certain basic rights and freedoms to all Canadiansto all Canadians

• The Charter is the pre-eminent law in Canada The Charter is the pre-eminent law in Canada with two exceptions: with two exceptions: Laws that can be justified as imposing Laws that can be justified as imposing

reasonable limits in a “free and democratic reasonable limits in a “free and democratic society”society”

Laws passed by invoking the Laws passed by invoking the “notwithstanding” provision “notwithstanding” provision

Page 14: INDUSTRIAL RELATIONS IN CANADA Third Edition Fiona A. E. McQuarrie Prepared by Kenda Murphy, Saint Mary’s University Kenda Murphy, Saint Mary’s University

The Charter of Rights and FreedomsThe Charter of Rights and Freedoms

• The Charter broadly defines a number of The Charter broadly defines a number of fundamental rightsfundamental rights

• Major cases involving industrial relations Major cases involving industrial relations issues have focused on these rights:issues have focused on these rights: Freedom of association—right to join a unionFreedom of association—right to join a union Freedom of peaceful assembly—right to picketFreedom of peaceful assembly—right to picket Freedom of thought, belief, opinion, and Freedom of thought, belief, opinion, and

expression—right to promote union belief and expression—right to promote union belief and philosophyphilosophy

Page 15: INDUSTRIAL RELATIONS IN CANADA Third Edition Fiona A. E. McQuarrie Prepared by Kenda Murphy, Saint Mary’s University Kenda Murphy, Saint Mary’s University

The Charter of Rights and FreedomsThe Charter of Rights and Freedoms

• Key early Charter cases:Key early Charter cases: Dolphin DeliveryDolphin Delivery, 1982: Supreme Court of Canada , 1982: Supreme Court of Canada

(SCC) ruled that Charter provisions do not apply (SCC) ruled that Charter provisions do not apply to court orders resolving common-law-based to court orders resolving common-law-based disputes between private partiesdisputes between private parties

The “labour trilogy,” 1990: SCC ruled that the right The “labour trilogy,” 1990: SCC ruled that the right to belong to a union is protected by the Charter, to belong to a union is protected by the Charter, but the rights to strike and bargain collectively are but the rights to strike and bargain collectively are notnot

LavigneLavigne, 1991: The Supreme Court ruled that , 1991: The Supreme Court ruled that mandatory union dues do not violate the Chartermandatory union dues do not violate the Charter

Page 16: INDUSTRIAL RELATIONS IN CANADA Third Edition Fiona A. E. McQuarrie Prepared by Kenda Murphy, Saint Mary’s University Kenda Murphy, Saint Mary’s University

The Charter of Rights and FreedomsThe Charter of Rights and Freedoms

Other important cases…Other important cases…• Dunmore v. Ontario (Attorney-General),Dunmore v. Ontario (Attorney-General), 2001: 2001:

The Supreme Court ruled that the right to The Supreme Court ruled that the right to freedom of association was violated if an entire freedom of association was violated if an entire class of workers—e.g., farm workers—was class of workers—e.g., farm workers—was excluded from protection under labour legislationexcluded from protection under labour legislation

• However, while Ontario changed its law to allow However, while Ontario changed its law to allow agricultural workers to unionize that law does not agricultural workers to unionize that law does not allow them to engage in collective bargainingallow them to engage in collective bargaining

Page 17: INDUSTRIAL RELATIONS IN CANADA Third Edition Fiona A. E. McQuarrie Prepared by Kenda Murphy, Saint Mary’s University Kenda Murphy, Saint Mary’s University

The Charter of Rights and FreedomsThe Charter of Rights and Freedoms

• Health Services and Support case – SCC Health Services and Support case – SCC (2007) – BC’s Bill 29 was ruled (2007) – BC’s Bill 29 was ruled unconstitutional on the basis that the right to unconstitutional on the basis that the right to collective bargaining was part of the freedom collective bargaining was part of the freedom of association guaranteed by the Charterof association guaranteed by the Charter

• Plourde v. Wal-Mart Canada Corp [2009] Plourde v. Wal-Mart Canada Corp [2009] SCC – The Court ruled that the Wal-Mart in SCC – The Court ruled that the Wal-Mart in Jonquierre, Quebec was within its right to Jonquierre, Quebec was within its right to close the store for business reasons close the store for business reasons

Page 18: INDUSTRIAL RELATIONS IN CANADA Third Edition Fiona A. E. McQuarrie Prepared by Kenda Murphy, Saint Mary’s University Kenda Murphy, Saint Mary’s University

Characteristics of the Unionized Characteristics of the Unionized Workplace in CanadaWorkplace in Canada

• A unionized workplace is more likely to be in the A unionized workplace is more likely to be in the public sector and involve a large workforcepublic sector and involve a large workforce

• Rates of unionization are similar across broad Rates of unionization are similar across broad industrial categories, but there are wide variations industrial categories, but there are wide variations across different occupationsacross different occupations

• Union membership is slightly higher among women Union membership is slightly higher among women and older workersand older workers

• Union members are relatively well-educated and Union members are relatively well-educated and likely to be full-time employeeslikely to be full-time employees

Page 19: INDUSTRIAL RELATIONS IN CANADA Third Edition Fiona A. E. McQuarrie Prepared by Kenda Murphy, Saint Mary’s University Kenda Murphy, Saint Mary’s University

Overview of TextOverview of Text

Chapter 1Chapter 1• Introduces theoretical and historical background, Introduces theoretical and historical background,

explains evolution of Canadian workplaces and explains evolution of Canadian workplaces and relevant legislationrelevant legislation

Chapter 2Chapter 2• Overview of theories and research addressing Overview of theories and research addressing

creation of unions, and how unions’ purpose have creation of unions, and how unions’ purpose have changed over timechanged over time

Chapter 3Chapter 3• Historical events and forces affecting evolution of Historical events and forces affecting evolution of

Canadian labour relationsCanadian labour relations

Page 20: INDUSTRIAL RELATIONS IN CANADA Third Edition Fiona A. E. McQuarrie Prepared by Kenda Murphy, Saint Mary’s University Kenda Murphy, Saint Mary’s University

Overview of TextOverview of Text

Chapter 4Chapter 4

• Structure of Canadian unions: national, Structure of Canadian unions: national, provincial, municipal and local organizationsprovincial, municipal and local organizations

Chapter 5Chapter 5

• Why employees may or may not wish to join a Why employees may or may not wish to join a unionunion

Chapter 6Chapter 6

• How a labour relations board assesses a How a labour relations board assesses a certification applicationcertification application

Page 21: INDUSTRIAL RELATIONS IN CANADA Third Edition Fiona A. E. McQuarrie Prepared by Kenda Murphy, Saint Mary’s University Kenda Murphy, Saint Mary’s University

Overview of TextOverview of Text

Chapter 7Chapter 7

• The effects of a certification orderThe effects of a certification order

Chapter 8Chapter 8

• The four stages of collective bargainingThe four stages of collective bargaining

Chapter 9Chapter 9

• Strikes and lockoutsStrikes and lockouts

Chapter 10Chapter 10

• Third-party intervention: conciliation, mediation Third-party intervention: conciliation, mediation and arbitrationand arbitration

Page 22: INDUSTRIAL RELATIONS IN CANADA Third Edition Fiona A. E. McQuarrie Prepared by Kenda Murphy, Saint Mary’s University Kenda Murphy, Saint Mary’s University

Overview of TextOverview of Text

Chapter 11Chapter 11

• Grievances and the Arbitration ProcessGrievances and the Arbitration Process

Chapter 12Chapter 12

• Changes during the collective agreement: Changes during the collective agreement: “successorship”; raiding and union mergers; “successorship”; raiding and union mergers; decertification; technological change and decertification; technological change and workplace restructuringworkplace restructuring

Page 23: INDUSTRIAL RELATIONS IN CANADA Third Edition Fiona A. E. McQuarrie Prepared by Kenda Murphy, Saint Mary’s University Kenda Murphy, Saint Mary’s University

Overview of TextOverview of Text

Chapter 13Chapter 13

• Recent changes in the Canadian workplace and Recent changes in the Canadian workplace and their implications for unions and employerstheir implications for unions and employers

• Recent changes to labour legislation and their Recent changes to labour legislation and their implications for the future of union-employer implications for the future of union-employer relationshipsrelationships

• Effects of globalization on industrial relationsEffects of globalization on industrial relations

Page 24: INDUSTRIAL RELATIONS IN CANADA Third Edition Fiona A. E. McQuarrie Prepared by Kenda Murphy, Saint Mary’s University Kenda Murphy, Saint Mary’s University

CopyrightCopyright Copyright © 2011 John Wiley & Sons Canada, Ltd. All rights reserved. Reproduction or translation of this work beyond that permitted by Access Copyright (The Canadian Copyright Licensing Agency) is unlawful. Requests for further information should be addressed to the Permissions Department, John Wiley & Sons Canada, Ltd. The purchaser may make back-up copies for his or her own use only and not for distribution or resale. The author and the publisher assume no responsibility for errors, omissions, or damages caused by the use of these files or programs or from the use of the information contained herein.