LEEL 369 Lecture Notes - Lecture 6: Canada Labour Code, National Labor Relations Act, Centrality
4 Aug 2019
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Precision on last class: qc human rights tribunal: quasi-judicial, judges appointed from the cour du qu bec; but can be appealed. What is certification: an act of state monopoly to confer a monopoly of representation, recognition of a factual reality (morin et al) Why: avoids multiple, illegitimate associations, ascertains majority support. S. 21 labour code: requirement of absolute majority of employees for certification. => outcome is not guaranteed, but parties have a claim if bargaining does not occur in good faith: timeframe is limited and heavily regulated (ss. 93. 1ff: strikes, chapter v, forbidden as long as union is not certifies and as long as they haven"t obtained the right to strike under s. 58. => unions are a trade-off, right to form unions in exchange for maintaining peace: s. 59 freezes , arbitration, part of responsible unionism , chapter iv, regulated under s. 74: arbitrator should decide in equity, with good conscience.
