IRE431H1 Lecture Notes - Lecture 7: Rand Formula, Breathalyzer, Quasi-Contract
23 Nov 2020
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Collective agreement = successful conclusion of collective bargaining. Mid-1940s: canadian law developed a statutory collective bargaining model that gave legal force to collective agreements. If union wants specific union dues requirement (mechanism whereby they automatically get union membership dues taken off payroll), that clause is default clause that union can request. Whole point is in negotiations, employer can"t force union to take some language that it doesn"t want because that would be deemed as unfair labor practice. Gives power to union for how they want to deal with union dues. Agreement must last at least a year. Having terms that violate the collective agreement - can"t create term in contact that doesn"t meet terms in minimum standards act or violate health and safety/human rights laws. Sources of collective agreement terms and rules of interpretation. Parties are more sophisticated, requirement for more clarity because more people involved, more complexity.
