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Lecture

Today's Implications

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School
Western University
Department
History
Course
History 2125F/G
Professor
Peter Krats
Semester
Fall

Description
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 • Canadians buy into New Model - avoid the workplace rut - or how 12 jobs in a lifetime is better • contract emplo
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