good faith. Typically connected to a management rights clause: management allowed to do whatever isn’t explicitly restricted • Just cause provision – s.79 Just cause provision: employer must have cause for disciplining or dismissing an employee. More stringently applied in a union context (as opposed to wrongful dismissal) • Access to grievance arbitration provision – s.78 Grievance Arbitration provision: Where a dispute exists re: the CBA, there has to a dispute-resolution process other than a work stoppage (e.g. strike/lockout) Workers/Unions can file grievances where they feel a violation of the CA has occurred – but must cite specific violations Parry Sound v OPSEU (2003): Human rights and similar laws are a part of every collective agreement, and therefore grievances can rely on them • Worker/union feels rights have been violated, union files formal complaint with employer • Employer may meet with union rep & worker • Can lead to settlements / agreements.. • ..but can also be escalated to arbitration Arbitration: • Mutually-agreed-upon arbitrator hears case • Issues binding decision • More like court than grievance hearings • Dues checkoff provision – s.76 Dues check-off: employer must deduct union dues of every worker covered by collective agreement Union Dues & Membership Dues often one of most contentious aspects of union membership
What do union dues pay for? • Membership Education • Conferences/Conventions • Communications • Research • Legal Counsel • Bargaining • Governance Dues in Manitoba are mandatory and employers must deduct them Depending on how contract is written: those covered may not be members, but they still have to pay dues to union Rand Formula / Dues Checkoff What is the Rand Formula? • Comes from a 1946 SCC decision on a UAW strike at Ford plant in Windsor • Everyone covered by union agreement, not just signed-up members, must pay dues to union • Previously: unions had to manually collect dues from members monthly – lots of legwork and resources required “Right to Work” – a term used by anti-union campaigns in the US that was intended to attack and prevent ability of unions to have dues automatically deducted Started in southern U.S., expanded to 28 states in U.S. – now effectively expanded into federal public-sector unions via Janus v. AFSCME Some argue it helps unions by encouraging union activists to speak regularly with members in order to collect dues – but it also clearly impedes union’s ability to function
Women in the Canadian Workplace • Focus of tonight’s topic: gender equity –How to get it, why we don’t have it, etc • Two overlapping groups are primarily harmed due to their gender: –Women Workers –Transgender Workers What are some hot topics related to gender and waged work? Gender and Labour Markets • Role of women and men in labour markets have changed dramatically in last 100 years, last 50 years, and last 20 years • How do men and women engage with the labour market differently? How does it affect them differently?
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- Fall '15
- DAVID CAMFIELD
- Trade union