Canadian Labour Relations Case Study

2037 Words5 Pages
bulb-icon

Recommended: Employment and labor laws

Statement of the problem
An issue for Canadian labour relations, specifically unions, is the government’s intention to move away from the Rand formula of union dues collection. In 1946, Justice Ivan Rand introduced a dues scheme that ended the 1945 Ford motors strike in Windsor, Ontario. The “Rand Formula” or better known as automatic check off made it binding, in a unionized workplace, that all employees regardless of union affiliation pay union dues. This essentially made the union accountable to all workers in the bargaining unit and equal representation must be provided to all. Justice Rand stated in his decision,
I consider it entirely equitable then that all employees should be required to shoulder their portion of the burden of expense …show more content…

Legislation that deals with labour issues is left to the provinces to determine while federal employees fall under the Canada Labour Code,
How employers and workers represented by unions, in both the private and public sector, agree on the terms of work is determined by provincial and federal laws and regulations. This encompasses rules that govern how unions operate, work stoppages, and the process of collective bargaining.(Dachis & Hebdon, 2010,p. 1)
Union representation and collective bargaining has a long history of benefiting not only union members directly but the general workforce regardless of union affiliation. Employers adopt union pay rates and similar benefits to discourage their workers from seeking official representation as seen by paid brakes being the standard throughout “The positive, equalizing impacts of unions on wages spill over to lower-paid, non-union workers in communities with high levels of unionization” (Broadbent). The C.D. Howe Institute describes “Strikes, lockouts, and other outcomes of employer-employee negotiations, however, affect not just unionized employees – about one in three working Canadians- but reverberate well beyond the negotiating parties”(Dachis and Hebdon, 2010, p.

Show More
Related

  • The White-Collar Union Organizer and The Frustrated Labor Historians

    2269 Words  | 5 Pages

    To conclude this analysis on the basis of the labor’s extensive history, Sloane & Witney (2010) propose, “it is entirely possible that labor’s remarkable staying power has been because of the simple fact that to many workers, from the nineteenth century to the present, there really has been no acceptable substitute for collective bargaining as a means of maintaining and improving employment conditions” (p.80). In the end, it is important to anticipate unions and employers presently work together to find solutions that will enhance collective bargaining strategies and practices to serve the interest of both parties.

    Read More

  • Final Paper

    1312 Words  | 3 Pages

    Brody’s argument towards collective bargaining post WWII between employers and unions implemented the workplace rule of law. The collective bargaining agreements help resolve workplace disputes between employees and their employers along with a union organization (if present). Weber’s theory of bureaucratic authority is a rational authority where the rule is distributed and no one person is in charge. The workplace rule of law is a bureaucratic form of authority; throughout the hierarchical organization chart no one is in charge of making the decision instead, the rule is what guides the organization. For many workers in the 1940’s the increase in wages and their incentives drove them towards joining unions and striking for equality, “…postwar enthusiasm for incentives derived partly from effective union policing…” (Brody, 175) Industrial workers saw both a loss in wages in the late 1940 is compared to ten years later when they finally saw a better life for themselves; union contracts provided them a life towards the middle class. Previously employers would hire those within their family to be managers and hold positions higher up in the chain, which would take away chances from the employees when they try to move up from their current position, “The management of the office follows general rules, which are more or less stable…” (Weber, 198) Many emplo...

    Read More

  • Decline of Union Membership

    2292 Words  | 5 Pages

    Wallerstein, M. & Western, B. 2000. Unions in Decline? What Has Changed and Why? Annual Review of Political Science. 3: 355-377.

    Read More

  • Precarious Employment In Canada

    958 Words  | 2 Pages

    Precarious employment, also known as precarious work, is a type of employment that is unstable, doesn't provide job security, may have high risk working conditions, often does not provide much in the way of benefits nor the option for workers to join a union, and typically provides low wages that usually are, on their own, insufficient to support a basic household. Precarious employment can include part-time, temporary, self-employment and contract work categories. In recent years during tougher economic conditions, this type of employment has become more and more common in some of Canada’s most populated major cities, such as Toronto and Hamilton, and it continues to be on the increase. Employers are taking advantage of this less expensive

    Read More

  • Employment Discrimination In Canada

    1987 Words  | 4 Pages

    In a study, Li writes, “Healthcare team performance may be hindered due to the different cultural backgrounds of the nurses” (2014, p. 316). A report mentions that the IENs have less confidence in providing culturally competent care to the patients of the different culture due to lack of understanding of health beliefs, values and behaviors of that culture (Lampley, 2008). For instance, in Philippines, most of the decisions are made by the doctors. Nurses just follow doctors’ order in decision making (Tregunno, et al., 2009). But in Canada nurses are required to be more assertive and actively involved in decision-making and have more responsibility and accountability regarding patient care. Further, Canada is a multicultural country and

    Read More

  • The History of the American Labor Union

    2294 Words  | 5 Pages

    Beginning in the late 1700’s and growing rapidly even today, labor unions form the backbone for the American workforce and continue to fight for the common interests of workers around the country. As we look at the history of these unions, we see powerful individuals such as Terrence Powderly, Samuel Gompers, and Eugene Debs rise up as leaders in a newfound movement that protected the rights of the common worker and ensured better wages, more reasonable hours, and safer working conditions for those people (History). The rise of these labor unions also warranted new legislation that would protect against child labor in factories and give health benefits to workers who were either retired or injured, but everyone was not on board with the idea of foundations working to protect the interests of the common worker. Conflict with their industries lead to many strikes across the country in the coal, steel, and railroad industries, and several of these would ultimately end up leading to bloodshed. However, the existence of labor unions in the United States and their influence on their respective industries still resonates today, and many of our modern ideals that we have today carry over from what these labor unions fought for during through the Industrial Revolution.

    Read More

  • The Canadian Pay Equity Act

    1113 Words  | 3 Pages

    Legislation in Ontario affects human resources. Some can be bad well others can be beneficial to the workplace. My paper will be focusing on the federal legislations in Ontario and how it is improving various non-unionized workplaces. At the end of my report I will be summarizing the concept of family status related to the 11 prohibited grounds in a case study regarding a single mom and how she almost lost her job with CN Rail.

    Read More

  • Racial Discrimination in Canada's Workplace

    1604 Words  | 4 Pages

    Racial discrimination in the workplace has been a persistent theme in Canada’s history as well as present-day times. The occurrence of actions and attitudes that impose a sense of one being less equal than another on the basis of one’s race in Canada’s workplace inhibits both our nation’s ability to move forward as well as strengthen unification within our country. The belief in a more egalitarian society, where one’s race and ethnic background have little to no impact on employees (or potential employees) standings within the job market, would seemingly be reinforced by the majority of Canadians, who consistently show support for Canada’s multicultural identity. Couple that with the noticeable strides Canada has made in the past several decades through legislation, in order to eliminate discriminatory practices and actions within the workplace, and one would likely assume that racial discrimination within the workplace is largely a concern of the past. However, current research supports the argument that the level of which racial discrimination occurs today is increasing, and as such it persists to be a key problem in the current workplace of the nation. In the workplace, racial discrimination is often seen with regard to uneven access to jobs, unfair selection and promotion criteria (as well as access to the means in order to meet this criteria), and workplace harassment. This paper compares similar findings of two articles; the first, Racial inequality in employment in Canada, as was published in the Canadian Public Administration (CPA), and the second, What Are Immigrants’ Experiences of Discrimination in the Workplace?, published by the Toronto Immigrant Employment Data Initiative (TIEDI).

    Read More

  • The Disadvantages Of Unions And Size Advantage Strikes?

    1225 Words  | 3 Pages

    The disadvantages of union membership are viewed from the employee and employer perspective. Through the employee lens, the disadvantages manifest in the form of fees, loss of autonomy, and less collaborative work environment. As part of the union, you surrender many of your individual rights in exchange for the organized results that can potentially manifest through the collective bargaining process. Therefore, there isn’t any assurance that your individual concern will even be addressed.

    Read More

  • Labor Unions

    1289 Words  | 3 Pages

    Throughout American history, labor unions have served to facilitate mediation between workers and employers. Workers seek to negotiate with employers for more control over their labor and its fruits. “A labor union can best be defined as an organization that exists for the purpose of representing its members to their employers regarding wages and terms and conditions of employment” (Hunter). Labor unions’ principal objectives are to increase wages, shorten work days, achieve greater benefits, and improve working conditions. Despite these goals, the early years of union formation were characterized by difficulties (Hunter).

    Read More

  • Why Do Labor Unions Matter?

    1610 Words  | 4 Pages

    Unions have an extensive history of standing up for workers. They have advocated rights of steelworkers, coal miners, clothing factory employees, teachers, health care workers, and many others. The labor movement is based on the idea that organized workers as a group have more power than individuals would have on their own. The key purpose of any union is to negotiate contracts, making sure workers are respected and fairly compensated for their work. “In theory” unions are democratic organizations, resulting in varying inner authority. Workers look for security within a job a...

    Read More

  • Collective Bargaining Agreements

    1667 Words  | 4 Pages

    A collective bargaining agreement collectively sets the terms on which an employer offers individual work contracts to each of its employees in the bargaining unit. A bargaining agreement, also herein referred to as a labour agreement, is a legally enforceable written commitment, which states the rights and duties of all parties involved. The labour agreement should be made in good faith and is intended to be observed and not violated. The National Labour Relations Act obligates employers and unions to bargain in good faith concerning terms and conditions of employment, including hours and wages. Like any normal contract, competent parties must enter into a labour agreement. However, a labour agreement is unique from other legal contracts in that there is no consideration involved and nothing tangible is exchanged. Many, but not all, unions require formal ratification of a new labour contract by a majority membership acceptance, which is determined through vote by the members. Until majority approval of those voting in a ratification election is received, the proposed labour contract is not final. While each labour agreement is unique to the needs of an organization and its employees, most agreements include five issues: (1) Management Rights, (2) Union Security, (3) Wages and Benefits, (4) Individual Security (Seniority) Rights, and (5) Dispute Resolution. Management Rights “Management” is the process of working with people and resources to accomplish organizational goals by making the best possible use of money, time, materials and people. The management process, when properly executed, involves a wide variety of activities including planning, organizing, directing and controlling. It is management’s role to perform all of these functions in order to maximize results.

    Read More

  • Managerial Prerogative

    1853 Words  | 4 Pages

    The laws and regulations surrounding Industrial Relations since the 1900’s have, at each reform, placed tighter constraints on the amount of power unions are able to exert. The reforms have also radically increased managerial prerogative, through an increased use of individual bargaining, contracts and restrictions imposed on unions (Bray and Waring, 2006). Bray and W...

    Read More

  • The Labor-Management Relationship

    1991 Words  | 4 Pages

    Labor relations emerged as response towards combating the economic unrest that accompanied the 1930 Great depression. At this period, massive unemployment, decreasing salary and wages, and over competition for jobs despite poor working conditions, was being experience; especially in the US. In turn employees were aggravated and therefore resorted to labor strike that often escalated to violence. To avoid such incident that could potentially harm further an ailing economy, the US government set precedent by passing their first related Labor relationship act, also referred to as the Wagner act. This act excluded public sector and some employees in the informal sector, farm workers to be specific. However, the progressive change in business and labor environment, necessitated changes in the labor laws to ensure they are more inclusive (Haywood & Sijtsma, 2000).

    Read More

  • Collective Bargaining

    1719 Words  | 4 Pages

    Collective bargaining may happen in several kinds of fields, ranging politics to sports. It allows appropriate settlement of disputes and issues that benefit both parties involved, producing a result that is not one-sided. Collective bargaining is “the negotiation of wages and other conditions of employment by an organized body of employees” (Beal, Wickersham, & Kienast 5). Four issues that are probable components of a collective bargaining agreement are:

    Read More

More about Canadian Labour Relations Case Study

Open Document