Law Commons^™

Broader-Based And Sectoral Bargaining Proposals In Collective Bargaining Law Reform: A Historical Review, Sara Slinn

Sara Slinn

Labour legislation regulating Canada’s private sector has incorporated forms of broader-based or sectoral certification and bargaining (BBB) in varying degrees for decades, particularly in British Columbia and Quebec. However, BBB had not been the subject of significant post-war labour law reform discussion until the 1990s. This decade saw a wave of interest in introducing BBB arise across several jurisdictions. Originating in Ontario in the late 1980s, it spread to British Columbia as a key part of labour law reform discussions in the early and late 1990s and became a minor issue in the federal labour law reform review process later …

Broader-Based And Sectoral Bargaining Proposals In Collective Bargaining Law Reform: A Historical Review, Sara Slinn

Sara Slinn

Collective Bargaining, Sara Slinn

Sara Slinn

This research project reviews and evaluates the academic literature relating to obtaining and maintaining collective bargaining rights under the OLRA. Research indicates that procedural changes to representation processes including the mandatory representation vote significantly reduced the likelihood of certification, and that these effects were concentrated in more vulnerable units. This may partly be due to greater opportunity for delay and employer resistance under vote procedure compared to under card-based certification. The research also indicates that delay has significant effects on certification outcomes, as do ULP complaints and employer resistance tactics. ULPs have negative long-term effects, and are associated with difficulties …

Just Notice Reform: Enhanced Statutory Termination Provisions For The 99%, Bruce J. Curran, Sara Slinn

Sara Slinn

The current state of affairs in Ontario for average and low wage earners who lose their jobs without cause is not satisfactory. These terminated employees must choose between two unappealing courses: either accept minimal entitlements to notice under the Employment Standards Act, 2000, or seek to obtain what may be a greater entitlement under common law, but which may also require engaging in long and costly litigation. Moreover, there are good reasons to question the reliability and effectiveness of the individualized approach to notice determinations undertaken by courts. The practical inaccessibility and inadequacy of these options has been recognized repeatedly, …

Captive Audience Meetings And Forced Listening: Lessons For Canada From The American Experience, Sara Slinn

Sara Slinn

Widespread adoption of mandatory representation votes and express protection of employer speech invite employer anti-union campaigns during union organizing, including employer-held captive audience meetings. Therefore, the problem of whether and how to restrict employers’ captive audience communications during union organizing is of renewed relevance in Canada. Captive meetings are a long-standing feature of American labour relations. This article considers how treatment of captive meetings evolved in the U.S., including the notion of employee choice, the “marketplace of ideas” view of expression dominating the American debate, and the central role of the contest between constitutional and statutory rights. It also considers …

Fairness And Opportunity For Choice: The Employee Free Choice Act And The Canadian Model, Sara Slinn, Richard Hurd

Sara Slinn

No abstract provided.

Voices At Work In North America: Introduction, Sara Slinn, Eric Tucker

Sara Slinn

No abstract provided.

The Effect Of Compulsory Certification Votes On Certification Applications In Ontario: An Empirical Analysis, Sara Slinn

Sara Slinn

No abstract provided.

An Analysis Of The Effects On Parties' Unionization Decisions Of The Choice Of Union Representation Procedure: The Strategic Dynamic Certification Model, Sara Slinn

Sara Slinn

This article proposes a new theoretical framework-the strategic dynamic certification model-to explain how union certification processes operate. Statutory certification procedures are not neutral. Instead, they produce particular incentives, disincentives, and opportunities for employers, unions, and employees, and these affect the outcomes of the procedure. Empirical evidence confirms this model's ability to analyze the certification process and the outcomes of unionization attempts. In particular, this model explains why the change from a card-check to a mandatory representation vote encourages unlawful employer conduct, enhances the effectiveness of union avoidance activities, and deters employee participation in the unionization decision. The article concludes that, …

Should Congress Pass The Employee Free Choice Act? Some Neighborly Advice, Sara Slinn, John Godard, Joseph Rose

Sara Slinn

No abstract provided.

Labour Policy In The Internet Age: Europe's Answer To The Market Challenge, Sara Slinn, Anil Verma

Sara Slinn

No abstract provided.

Labor Law Reform And The Role Of Delay In Union Organizing: Empirical Evidence From Canada, Sara Slinn, Michele Campolieti, Chris Riddell

Sara Slinn

No abstract provided.

An Empirical Analysis Of The Effects Of The Change From Card-Check To Mandatory Vote Certification, Sara Slinn

Sara Slinn

No abstract provided.

No Right (To Organize) Without A Remedy: Evidence And Consequences Of Failure To Provide Compensatory Remedies For Unfair Labour Practices In British Columbia, Sara Slinn

Sara Slinn

Employees and unions encounter significant risks during union organizing and often see their efforts thwarted by employers. Labour law regimes attempt to minimize these risks by rendering unlawful a number of unfair labour practices (ULPs) employers can use to prevent unionization. But labour relations boards (LRBs) in Canada often avoid awarding full compensation for the harm ULPs cause, leading employers to still view ULPs as advantageous courses of action with only moderate associated costs.The author argues that this problem can be solved or greatly mitigated without the need for formal reforms, LRBs rather must come to embrace the full range …

Collective Bargaining Law, Sara Slinn

Sara Slinn

No abstract provided.