JS380 Lecture Notes - Jaguar, Canadian Union Of Public Employees

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Agriculural employees protection act vioated s. 2(d) rights of agricultural wokers: 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: 96 of the rcmp reg. ulations established a seperate employee relations scheme for. 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. D accepts taht rcmp members have aright to colective bargaining, but that there is already an adequate form of this in the srrrp process. 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.

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