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Lecture

History 2125F/G Lecture Notes - Ikea, Ontario Labour Relations Board, Genuine Progress Indicator


Department
History
Course Code
HIS 2125F/G
Professor
Peter Krats

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LABOUR FACES LEGAL AS WELL AS PRACTICAL CHALLENGES
1987 Unions not in charter
unions did not have a legal right to exist
2001 Supreme Court uphold mandatory membership
also said agricultural workers who had traditionally not been part of a union were now
unionizing
Supreme court asserts association rights of agricultural workers
2001 asserts right to secondary pickets
2002: Bc government tries to change contract terms unilaterally - unions challenge in
court
2007 - supreme court - earlier decision is wrong, associations not just individuals have
rights
government cannot enact law that substantially interferes - vague with ability to
bargain collectively
the right to bargain collectively with an employer enhances the human dignity liberty
and autonomy of workers, by giving them the opportunity to influence the establishment
of workplaces rules and thereby gain some control over a major aspect of their lives,
namely their work
not surprisingly, the result was cases still forthcoming
on the right to organize - on the right to strike vs anti strike law
APRIL 2011
not allowing farm workers to unionize - Ontario law since 1995 does not contravene
the Charter of Rights - suggests that the Court does not after all think that unionization
rights are enshrined in Charter
ONtario labour relations board in 2012- having regard to the circumstances and Vales
position was patently unreasonable. Vale was not making every reasonable effort to
make a collective agreement - accordingly it breached - section 17 of the labour
relations act - the parties shall meet within 15 days from the giving of the notice or within
such further period as the parties agree upon and they shall bargain in good faith
legal complexities aside, economic forces and popular indifference saw the labour
movement struggle for relevance
new critics not necessarily from unions
canadians have repeatedly changed their minds about what the economy actually is in
canada
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