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Lecture

JS380 Lecture Notes - Jaguar, Canadian Union Of Public Employees


Department
Justice Studies
Course Code
JS380
Professor
Stefan Idziak

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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
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