LABR 2P03 Lecture Notes - Lecture 7: Ouster Clause, Independent Contractor, Human Resources
31 Oct 2015
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See s. 2, s. 3 (1), s. 3 (2), s. 3 (3), s. 3 (4) Take competition out of wages and working condition among workers. Collective issue rather than individual issue (what trade union wants to do) Common law thought trade unions were illegal conspiracies because they restrain free trade (freedom of contract) Rights of labour acts says trade unions are not illegal because of restraint on free trade (s. 2) If you can"t be sued individually for action, can"t be sued as group. Cba is not brought to action in court. Can"t bring civil action of breach in this contract. Problem was initially trade unions were characterized as criminal conspiracies legislative interventions. Yah trade unions are conspiracies to free trade but this does not make them illegal. Did not stop employers from discriminating against unions ad union members. 1944 p. c 1003 and subsequent modern collective bargaining legislation: compulsory bargaining, compulsory conciliation, compulsory grievance and arbitration.
