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Articles 1 - 7 of 7
Full-Text Articles in Law
Toward A New Grand Bargain: Collaborative Approaches To Labor-Management Reform In Massachusetts, Barry Bluestone, Thomas A. Kochan
Toward A New Grand Bargain: Collaborative Approaches To Labor-Management Reform In Massachusetts, Barry Bluestone, Thomas A. Kochan
Barry Bluestone
No abstract provided.
Collective Bargaining In The Shadow Of The Charter Cathedral: Union Strategies In A Post B.C. Health World, Michael Macneil
Collective Bargaining In The Shadow Of The Charter Cathedral: Union Strategies In A Post B.C. Health World, Michael Macneil
Dalhousie Law Journal
For the first twenty-five years after the Canadian Charter of Rights and Freedoms was enacted, it appeared that it would have little impact on Canadian labour laws. The Supreme Court of Canada took the view that the guarantee of freedom of association in the Charter did not include a right to strike and did notprovide protection for collective bargaining. Common law rules regulating picketing did not come within the scope of the Charter's rules on freedom of expression. Academic commentators were divided on whether this was a good or a bad thing, some espousing the hope that the Charter could …
Wrongful Termination Claims In The Supreme Court Of Canada: Coming Up Short, Dianne Pothier
Wrongful Termination Claims In The Supreme Court Of Canada: Coming Up Short, Dianne Pothier
Dalhousie Law Journal
The author concludes that the Supreme Court of Canada's narrow interpretations in Wal-Mart and Honda undermine the purposes of collective bargaining and human rights legislation, respectively Wal-Mart involves an unfair labour practice complaint following the closing of a store in Jonquibre, Quebec. The author contests the analysis of the Supreme Court of Canada, as being far removed from the context of the real difficulties in dealing with determined anti-union employers, instead facilitating statutory evasion. Honda involves a claim for wrongful dismissal, where the issue at the Supreme Court of Canada level is one of remedy, premised on the dismissal amounting …
Non-Majority Union Representation Conforms To Ilo Freedom Of Association Principles And (Potentially) Promotes Inter-Union Collaboration: New Zealand Lessons For Canada, Mark Harcourt, Helen Lam
Non-Majority Union Representation Conforms To Ilo Freedom Of Association Principles And (Potentially) Promotes Inter-Union Collaboration: New Zealand Lessons For Canada, Mark Harcourt, Helen Lam
Dalhousie Law Journal
North American union certification violates workers' freedom of association, a fundamental human right well established by the International Labour Organization (ILO); by denying workers the right to be represented when a majority of their co-workers does not favour a union. In Canada, the Supreme Court has drawn on ILO standards to recognize a constitutional right to bargain collectively and organize as part of freedom of association under section 2(d) of the Charter of Rights and Freedoms. However, such recognition of the ILO principles has, as yet, to translate into legislation that would provide non-exclusive, non-majority union representation, at least in …
The Judiciary's Efforts To Save Public Employers From The Bargains They Have Made: The Non-Delegability And Against Public-Policy Doctrines, James A. Shaw
Hofstra Labor & Employment Law Journal
No abstract provided.
Wrongful Termination Claims In The Supreme Court Of Canada: Coming Up Short, Dianne Pothier
Wrongful Termination Claims In The Supreme Court Of Canada: Coming Up Short, Dianne Pothier
Dianne Pothier Collection
The author concludes that the Supreme Court of Canada's narrow interpretations in Wal-Mart and Honda undermine the purposes of collective bargaining and human rights legislation, respectively Wal-Mart involves an unfair labour practice complaint following the closing of a store in Jonquibre, Quebec. The author contests the analysis of the Supreme Court of Canada, as being far removed from the context of the real difficulties in dealing with determined anti-union employers, instead facilitating statutory evasion. Honda involves a claim for wrongful dismissal, where the issue at the Supreme Court of Canada level is one of remedy, premised on the dismissal amounting …
In Defense Of Public-Sector Unions, Anne Marie Lofaso
In Defense Of Public-Sector Unions, Anne Marie Lofaso
Hofstra Labor & Employment Law Journal
The United States is currently in a heated debate over the extent to which public-sector workers should be permitted to band together for mutual aid or protection, to form, join or assist unions, and to bargain collectively. This debate was sparked when, shortly after the 2010 midterm elections, politicians in states with large public deficits blamed public-sector unions for budget shortfalls. Public unions are not, however, the cause of the states’ ills. After all, public unions are not the source of wages and benefits — governments are. Furthermore, the evidence shows that, in general, public-sector-union pay is lower than the …