MECH 430 Lecture Notes - Lecture 4: Labor Management Relations Act Of 1947, Bargaining Unit, Edward Vii
9 Jun 2018
School
Department
Course
Professor
Labour Law: Midterm Preparation
Introduction
1. Definition of terms and concepts
a. Certification
i. Process in which a trade union is recognized by a public body. The
employer is force (issued by tribunal) to recognize the bargaining agent ar
the sole & exclusive bargaining agent of the employees included in the
bargaining unit.
b. Bargaining unit
i. A group of employees that the union is certified to represent.
1. Community of interests
a. Required skills,
b. Work condition,
c. Is there possibility of transfer?
2. Tie to one employer
c. Bargaining agent
i. Syoy of Uio
d. Representative character
i. Does the union represent 50%+1?
1. In Quebec,
a. Card-based system
i. If at the date of filling, the union has 50%+1 of card
signed, then it represents the entire group
ii. If at the date of filling, the union has 35-50% of
card signed, a vote is needed
iii. If at the date of filling, the union has less than 35%
of card signed, then the vote is aboard
1. If a union trade fail to certified, must wait 3
months before doing a new vote
ii. Trade union represent all employees included in the bargaining unit
regardless their desire to be represent and they need to pay union dues.
iii. Certification vote
1. In Quebec,
a. Number of Yes/Total bargaining unit
i. If soeoe is ill & dot ote => = No
2. In Canada,
a. Number of Yes/Total Voters
Constitutional Divisions
1. Framework: The British North America Act, s.s. 91 & 92
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a. Historical considerations
b. Possible Basis for a Federal Jurisdiction
i. Section 91 B.N.A (P.O.G.G. clause and enumerated heads)
1. Postal services (section 91 (5) B.N.A.)
2. Navigation services (section 91 (10) B.N.A.)
ii. Section 92 (10) B.N.A. (exception to the Provincial Jurisdiction)
1. Railways (section 91 (10) (a) B.N.A.)
c. Possible basis for a Provincial Jurisdiction
i. Section 92 (13) (property & civil rights)
ii. Section 92 (16) (matters of local nature)
iii. Section 92 (10) (local works and undertakings other than exceptions)
iv. Case law on the issue
2. Federal attempts at legislation of general application in Canada
a. Industrial Disputes Investigation Act, 1907 (6-7 Edward VII c20)
i. Content and applicability
1. Conciliator needs to be involved before strike & lockout
2. The federal government was not responsible of Labour Law
a. Decided by the House of Lord
ii. Constitutional validity: Toronto Electric Commissioners v. Snider [1925]
A.C. 396
b. Other federal legislation of general application
i. Weekly rest, hours of work, minimum wages
ii. Constitutional validity
1. Hours of Labour Reference, [1925] S.C.R. 505
2. Reference re: Three labour Acts [1937] D.L.R. 673
3. Applicability of Federal legislation
a. Canada Labour Code, Section 2
i. Test for federal jurisdiction
1. (90% of employees under provincial jurisdiction) [General rule is
provincial jurisdiction]
a. If employees & Equipment does cross boarder
i. Provincial regulation under 92.10.a
b. Multiple usiess i a opay Paul LAglais v. Paul
LAglais I. [13]
i. Tv Advertising & TV Metropolitain (TVA)
1. Advertising agency is not essential for
broadcasting
a. Provincially regulated
2. Federal exceptions:
a. Federal employees
b. Federal by nature of the activities
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