JS380 Lecture Notes - Lecture 12: Royal Oak Mines

• School: University of Regina
• Department: Justice Studies
• Course: JS380
• Professor: Stefan Idziak

Document Summary

Lecture 12: remedies for violating the duty to bargain. Remedies are not penalties: can only award compensation to the injured union, not punish the employer. Labour board must stay within the parameters of statute: however purely monetary wards may not secure the objectives of legislation typical award is a cease and desist order. Notice sent to employees stating that the duty to bargain has been violated. Royal oak mines v. canada (lrb) [1996] 1 s. c. r. Did the labour board go to far in ordering an employer to put back on the table an offer it had made previously: critically including greivance arbitration for employees discharged by employer during strike. Wording of stautte does not put limits on power of board, allows anything that is. Aim of the code and the board to resolve labour dispute, and this is exactly the thing that parliament inteended to resolve.