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Canada (492,361)
JS380 (30)

Aftermath of BC Health Services.docx

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University of Regina
Justice Studies
Stefan Idziak

Aftermath of BC Health Services  Agriculural Employees Protection act vioated s. 2(d) rights of agricultural wokers o ONCA- without a statutory duty to bargainin in good fiath, there could be no meaninful collective bargaining process  SCC reserved judgment, but government has started putting together legislation to create a new collective bargaining regime for these workers. Facts  s. 96 of the RCMP reg. ulations established a seperate employee relations scheme for RCMP members  Court here finds this violates s. 2(d) and cannot be saved under s. 1 since there was no provision for a constitutionally adequate process of collective bargaining ANalysis- McDonnell J  RCMP members have a constitutional right to form an independent association for labour relations purposes free of management interference or influence o any attempt to interfere would infringe s. 2(d) of the Charter o must also have negotiations made in good faith  D accepts taht RCMP members have aright to colective bargaining, but that there is already an adequate form of this in the SRRRP process  Is the SRRP an independent association? o right to associate means the fredom to form a genuine empoyee assocaition that the management does not control o SRRP created in response to attempt to unioinize o never intended to be an employees association, but rather to prevent a genuine employees assocaition o there have been changes since, but you the SRRP cannot realistically be considered to have changed from a mangement tool aimed at preventing unionization into an independent association create for the purpose of collective bargaining. o employees themselves have never chosen to be represented by the SRRP  agreeing to select the members who will be on the SRR is not the same as choosing to conduct labour relations through an association of the members' own making  While SRRP may have some capcity to bargain collectively, the management's refusal to deal with any other organization reveals it's anti-union purpose and rootes  Does the SRRP provide a process of collective bargaining o D argues that there is no right to a particular bargaining method o RCMP needs special kind of collective bargaining o RCMP model has advanced worker outcomes, has provided justice and gair greivances, and has helped develop a positive workplace culture o but even if Mangement does listen to SRRP, SRRP is simply giving recommendations  the final desicion rests entirely with management o SRRP itself does not believe it is in a process of bargaining, and reports reveal that SRRP is basically part of the organization chain of command  close to management  cannot be both a tool of management and representative of wrokers o collective barganing means more that simply makin
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