Presentation on theme: "Industrial Relations in Canada Presentation at the Government-to-Government Session and Seminar for an Exchange of Information on Topics of Freedom of."— Presentation transcript:
Industrial Relations in Canada Presentation at the Government-to-Government Session and Seminar for an Exchange of Information on Topics of Freedom of Association and the Right to Bargain Collectively, 3rd Session
2 Secret JurisdictionPopulation British Columbia 4,380,000 Alberta3,474,000 Saskatchewan 997,000 Manitoba1,187,000 Ontario12,804,000 Quebec7,701,000 Newfoundland and Labrador 506,000 New Brunswick 750,000 PEI139,000 Nova Scotia934,000 Yukon31,000 NWT43,000 Nunavut31,000 TOTAL32,976,000 CANADA Data: Statistics Canada, Census 2006
3 Secret Division of Legislative Authority in Canada There is no concurrent jurisdiction over labour. An employer is subject to either provincial or federal labour law. The Federal government cannot force the provinces to amend their laws. Each province has its own labour laws which cover industries such as retail stores and manufacturing. The federal government regulates collective bargaining in certain industries, such as shipping, longshoring, airports and airlines, inter-provincial and international transport, broadcasting and telecommunications, banks, grain handling, First Nation governments, nuclear energy and uranium mining.
4 Secret The Legal Framework Federal and provincial labour relations legislation share common characteristics. They: –Establish certification procedures for a union to obtain recognition as the representative of employees in a particular workplace –Set the minimum duration for a collective agreement –Establish procedures for legal strikes and lockouts –Establish ways of resolving disputes during collective bargaining (conciliation and mediation) and during the life of a collective agreement (grievance and arbitration procedure) –Define unfair labour practices –Create a labour relations board, which has quasi-judicial status, to interpret the law
5 Secret The Legal Framework (cont’d) In most Canadian jurisdictions, separate labour relations acts govern public sector employees Some jurisdictions have separate acts for para-public or quasi-public sector employees (employees who work for government-funded organizations, but don’t directly work for the government – eg. hospitals and schools) Some jurisdictions have additional labour relations legislation that applies to particular occupations or industries (eg, construction; police; artists). This legislation usually addresses specific conditions in occupations or industries that would not be adequately covered under general labour legislation
6 Secret Canadian Principles of Labour Relations Found in the Preamble, Canada Labour Code, Part I: Canada is signatory to ILO convention No. 87 concerning Freedom of Association and Protection of Right to Organize; promotes common well-being through the encouragement of free collective bargaining and the constructive settlement of disputes; recognizes and supports freedom of association and free collective bargaining as the bases for the determination of good working conditions and sound labour-management relations; deems the development of good industrial relations to be in the best interests of Canada in ensuring a just share of the fruits of progress for all.
7 Secret Prohibition of Unfair Labour Practices Unfair labour practices by employers and trade unions are prohibited during the process of trade union certification and collective negotiations. Examples include: –An employer interfering with or participating in the formation or administration of a trade union. –An employer firing, discriminating against or refusing to hire a person because of his or her membership in a trade union. –An employer or trade union using threats, coercion or intimidation to compel or prevent another person’s membership in a trade union.
8 Secret Unjust Dismissal Protection For Employees For employees who are not covered by a collective agreement. During the union organizing drive After certification and before a collective agreement is negotiated After a collective agreement has been reached
9 Secret Unjust dismissal protection for employees who are not covered by a collective agreement May file a complaint with Labour Canada if they have been with an employer for at least one year. Official will attempt to resolve complaint by mediation If no settlement in mediation, employee can request Minister to appoint an adjudicator Adjudicator is an independent tribunal who will hear both sides and render a binding decision. Adjudicator can reinstate, and/or compensate the employee or find that the dismissal was just.
10 Secret Unjust dismissal protection during a union organizing drive It is an unfair labour practice for an employer to dismiss or threaten to dismiss an employee for proposing to become, or asking another person to become a member, officer or representative of a union or for participating in the promotion, formation or administration of a union. Any complaint would be heard by the Canada Industrial Relations Board (or the appropriate provincial Board), an independent tribunal which has the authority to re-instate the employee with compensation.
11 Secret Unjust dismissal protection after certification and before a collective agreement During this period an employer may not dismiss or discipline an employee except for just cause. The union may submit a dismissal to a private-sector grievance arbitrator, who will hear both sides and give a binding decision. (similar to a grievance under a collective agreement) If the union and the employer cannot agree on an arbitrator, either side may ask the Minister to choose one.
12 Secret Unjust dismissal protection where there is a collective agreement All collective agreements must have a grievance/arbitration provision. The union may file a dismissal grievance, and if the grievance is not resolved by the parties, may take the grievance to an arbitrator for decision. If the union and the employer cannot agree on an arbitrator, the Minister can be asked to appoint one. The arbitrator can re-instate the employee and/or provide them with compensation. The decision of the arbitrator is binding.