Decentralized I.R. jurisdictions create ‘complex landscape’

April 14, 2013 by  
Filed under Chapter 1 - Introduction

Description: Daphne Taras, dean of the Edwards School of Business at the University of Saskatchewan, says Canada has “the most decentralized labour relations in the world.”

Source: The Globe and Mail Report on Business

Date: 04/11/2013

Link: http://www.theglobeandmail.com/report-on-business/economy/canada-competes/daphne-taras-labour-codes-are-behind-the-times/article11046376/?cmpid=rss1

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Questions for discussion:

  • Do you think the headline on this Globe and Mail article accurately reflects Dr. Taras’s comments? Discuss.
  • What does Dr. Taras say about labour codes and flexibility?
  • What does the Chamber of Commerce report say about labour codes and flexibility? What do you think they are getting at?
  • Consult your text and describe briefly the history of industrial relations jurisdiction in Canada.
  • What determines whether a union-employer relationship falls under federal or provincial jurisdiction?

 

ILO criticizes federal government

Description: The International Labour Organization has found that the federal government violated international law when it imposed back-to-work legislation on Canada Post workers.

Source: Doorey’s Law of Work Blog

Date: 04/05/2012

Link: http://lawofwork.ca/?p=6463

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Questions for discussion:

  • Briefly describe the government’s actions that prompted this complaint.
  • What is the ILO?
  • Summarize the ILO’s findings.
  • Given what you know, do you agree with this decision? Discuss.
  • What practical impact will this decision have?

Bill C-377 is necessary, construction industry head says

Description: Bill C-377, which would force greater financial disclosure from Canadian unions, has moved to the Senate.

Source: The Journal of Commerce

Date: 02/18/2013

Link: http://www.journalofcommerce.com/article/id54055/–taking-another-look-at-the-controversy-around-bill-c-377

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Questions for discussion:

  • Summarize Bill Stewart’s argument.
  • Summarize Hugh Segal’s argument.
  • Who do you think makes the strongest points? Why?
  • Do you think this bill is necessary? Why or why not?
  • Prof. Doorey asks: “Do these arguments against Bill C-377 and ‘right to work’ laws seem more convincing when made by a Conservative senator than when made by unions and academics?” What do you think?

Ontario government imposes contracts on teachers

Description: The Ontario government has imposed contracts on elementary and secondary school teachers, freezing pay and reducing sick days.

Source: The Globe and Mail

Date: 01/03/2013

Link: http://www.theglobeandmail.com/news/national/education/ontario-teachers-imposed-contract-ensures-continued-discord-unions-say/article6932573/

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Questions for discussion:

  • What are the main features of the contracts imposed by the Ontario government?
  • What reason does the government give for taking this action?
  • What is the teachers’ response?
  • Summarize the arguments made by Andrew Coyne and Thomas Walkom.
  • Which arguments do you find to be the most persuasive? Why?

Michigan right-to-work vote may affect Ontario

Description: “Right-to-work” laws in Michigan could affect Ontario workers.

Source: The Globe and Mail

Date: 12/06/2012

Link: http://www.theglobeandmail.com/report-on-business/economy/ontario-casts-wary-eye-on-right-to-work-legislation-in-michigan/article6067165/

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Questions for discussion:

  • What are right-to-work laws?
  • What arguments do their proponents make?
  • What arguments do their opponents make?
  • Which arguments do you think are the most persuasive?
  • How likely do you think it is that right-to-work laws could be passed in Canada? Explain.

Saskatchewan plans changes to labour laws

Description: Saskatchewan Labour Minister Don Morgan has angered unions by announcing planned labour law changes to a business audience.

Source: CBC

Date: 11/18/2012

Link: http://www.cbc.ca/news/canada/saskatchewan/story/2012/11/18/sk-labour-laws.html

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Questions for discussion:

  • What is the labour minister proposing?
  • What effect do you think these changes, if implemented, would have on unions? On employers?
  • What is the Saskatchewan Labour Federation\’s complaint?
  • Do you think it is justified?
  • Consult your textbook: what is the Rand formula? Why do you think the government decided not to alter provisions related to it?

Federal commissioner says union bill intrudes on privacy

Description: Federal Privacy Commissioner Jennifer Stoddart has told the Commons finance committee that a private member’s bill to increase disclosure of union finances “is a significant privacy intrusion.”

Source: Canadian Labour Reporter

Date: 11/08/2012

Link: http://www.labour-reporter.com/articleview/16665-union-accountability-bill-raises-serious-privacy-concerns-privacy-commissioner

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Questions for discussion:

  • What does Bill C-377 seek to do?
  • Summarize Jennifer Stoddart’s analysis of this bill.
  • What are the arguments in favour of passing this bill?
  • What are the arguments against?
  • Which arguments do you find most convincing?
  • Do you think the benefits that would come from this bill would outweigh the privacy concerns? Why or why not?

Canada Post, CUPW reach tentative agreement

Description: Canada Post and the Canadian Union of Postal Workers have reached a tentative agreement without arbitration in a bitter year-long dispute.

Source: CBC

Date: 10/07/2012

Link: http://www.cbc.ca/news/canada/story/2012/10/07/canada-post-deal.html

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Questions for discussion:

  • Summarize the steps that led to this tentative agreement.
  • Why did the Federal Court order a new arbitrator in this dispute?
  • Do you think it is a positive sign that the two sides reached a tentative agreement without an arbitrator?
  • Why or why not?
  • Do you think the government’s back-to-work order looks like a wise move in retrospect?
  • Why or why not?

Ontario teachers boycott after-school programs

Description: The Elementary Teachers’ Federation of Ontario is calling for a “pause” in extra-curricular activities after the Ontario government brought in a bill that freezes their wages and limits their bargaining rights.

Source: The Toronto Star

Date: 09/18/2012

Link: http://www.thestar.com/news/gta/article/1257158–parents-scramble-to-explain-teacher-boycotts-to-their-children

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Questions for discussion:

  • What are the teachers doing here?
  • What is work to rule? Why can’t Ontario teachers apply that term to this dispute?
  • How is this situation similar to that in B.C. last year? How is it different?
  • The Toronto Star story describes parents trying to explain this action to students. What would you say if you were a parent?
  • Prof. Doorey asks: “If you think a law like that is a good idea, then should it apply beyond teachers?  Should all employees be required to perform volunteer work, or just teachers?” What do you think?

B.C. teachers ask labour board to fire mediator

Description: The B.C. Teachers’ Federation has asked the B.C. Labour Relations Board to overturn the appointment of a mediator in their dispute with the provincial government.

Source: The Victoria Times Colonist

Date: 04/05/2012

Link: http://www.timescolonist.com/business/BCTF+wants+labour+board+quash+appointment+Charles+Jago+mediator/6417231/story.html

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Questions for discussion:

  • Summarize the BCTF’s argument in favour of overturning the mediator’s appointment.
  • What is the government’s response?
  • What is Dr. Jago’s response?
  • Who do you think has the strongest case?
  • Review your text’s section on labour boards. Given what you know, do you think the B.C. LRB has the power to overturn the appointment? Explain.

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