Wednesday, September 16, 2009
[IWS] CANADA: COLLECTIVE BARGAINING under the CANADA LABOUR CODE -- REMEDIES WHEN PARTIES FAIL TO RESOLVE LABOUR DISPUTES [January 2009]
IWS Documented News Service
_______________________________
Institute for Workplace Studies----------------- Professor Samuel B. Bacharach
School of Industrial & Labor Relations-------- Director, Institute for Workplace Studies
Cornell University
16 East 34th Street, 4th floor---------------------- Stuart Basefsky
New York, NY 10016 -------------------------------Director, IWS News Bureau
________________________________________________________________________
CANADA
Parliament home > Virtual Library > Parliamentary Information and Research Service
Library of Parliament Research Publications
PRB 08-46E
Collective Bargaining under the Canada Labour Code -- Remedies when Parties Fail to Resolve Labour Disputes
Sebastian Spano, Legal and Legislative Affairs Division
26 January 2009
http://www.parl.gc.ca/information/library/PRBpubs/prb0846-e.htm
or
http://www.parl.gc.ca/information/library/PRBpubs/prb0846-e.pdf
[full-text, 14 pages]
[excerp]
Introduction
The Canada Labour Code, like most labour relations statutes in Canada, provides various remedies that parties to collective bargaining can access when they reach an impasse in negotiations to conclude a collective agreement and resolve labour disputes. The Code also confers certain powers on elected officials to intervene where there may be a compelling public interest in doing so. Interest in these remedies becomes acute in periods of prolonged strikes or lockouts, particularly where a work stoppage has the potential to interfere with public safety, public health or the general economic health of the nation.
The various mechanisms in the Code that are potentially available to compel the parties to collective bargaining to resolve a dispute, especially where there is a strike, lockout or other work stoppage, are discussed in this paper.
Contents
* Introduction
* Duty of Good Faith Bargaining and Duty of Reasonable
Effort to Enter into Collective Agreement -- Section 50(a)
* Binding Arbitration
* A. Binding Arbitration by Consent of the Parties Section 79
* B. Binding Arbitration as a Remedy for an Unfair Labour Practice Sections 9499
* C. Binding Arbitration and Settlement of First Agreements Section 80
* Continuation of Essential Services -- Sections 87.4, 87.5
* Mediation and Conciliation
* A. Mediation Section 105
* B. Conciliation Sections 70.1, 7178 and 89(1)
* Additional Powers of Minister -- Section 107
* Vote on Employer's Last Offer -- Section 108.1
* Industrial Inquiry Commission -- Section 108
* Ad Hoc Legislation
* Endnotes
______________________________
This information is provided to subscribers, friends, faculty, students and alumni of the School of Industrial & Labor Relations (ILR). It is a service of the Institute for Workplace Studies (IWS) in New York City. Stuart Basefsky is responsible for the selection of the contents which is intended to keep researchers, companies, workers, and governments aware of the latest information related to ILR disciplines as it becomes available for the purposes of research, understanding and debate. The content does not reflect the opinions or positions of Cornell University, the School of Industrial & Labor Relations, or that of Mr. Basefsky and should not be construed as such. The service is unique in that it provides the original source documentation, via links, behind the news and research of the day. Use of the information provided is unrestricted. However, it is requested that users acknowledge that the information was found via the IWS Documented News Service.
Stuart Basefsky
Director, IWS News Bureau
Institute for Workplace Studies
Cornell/ILR School
16 E. 34th Street, 4th Floor
New York, NY 10016
Telephone: (607) 255-2703
Fax: (607) 255-9641
E-mail: smb6@cornell.edu
****************************************
_______________________________
Institute for Workplace Studies----------------- Professor Samuel B. Bacharach
School of Industrial & Labor Relations-------- Director, Institute for Workplace Studies
Cornell University
16 East 34th Street, 4th floor---------------------- Stuart Basefsky
New York, NY 10016 -------------------------------Director, IWS News Bureau
________________________________________________________________________
CANADA
Parliament home > Virtual Library > Parliamentary Information and Research Service
Library of Parliament Research Publications
PRB 08-46E
Collective Bargaining under the Canada Labour Code -- Remedies when Parties Fail to Resolve Labour Disputes
Sebastian Spano, Legal and Legislative Affairs Division
26 January 2009
http://www.parl.gc.ca/information/library/PRBpubs/prb0846-e.htm
or
http://www.parl.gc.ca/information/library/PRBpubs/prb0846-e.pdf
[full-text, 14 pages]
[excerp]
Introduction
The Canada Labour Code, like most labour relations statutes in Canada, provides various remedies that parties to collective bargaining can access when they reach an impasse in negotiations to conclude a collective agreement and resolve labour disputes. The Code also confers certain powers on elected officials to intervene where there may be a compelling public interest in doing so. Interest in these remedies becomes acute in periods of prolonged strikes or lockouts, particularly where a work stoppage has the potential to interfere with public safety, public health or the general economic health of the nation.
The various mechanisms in the Code that are potentially available to compel the parties to collective bargaining to resolve a dispute, especially where there is a strike, lockout or other work stoppage, are discussed in this paper.
Contents
* Introduction
* Duty of Good Faith Bargaining and Duty of Reasonable
Effort to Enter into Collective Agreement -- Section 50(a)
* Binding Arbitration
* A. Binding Arbitration by Consent of the Parties Section 79
* B. Binding Arbitration as a Remedy for an Unfair Labour Practice Sections 9499
* C. Binding Arbitration and Settlement of First Agreements Section 80
* Continuation of Essential Services -- Sections 87.4, 87.5
* Mediation and Conciliation
* A. Mediation Section 105
* B. Conciliation Sections 70.1, 7178 and 89(1)
* Additional Powers of Minister -- Section 107
* Vote on Employer's Last Offer -- Section 108.1
* Industrial Inquiry Commission -- Section 108
* Ad Hoc Legislation
* Endnotes
______________________________
This information is provided to subscribers, friends, faculty, students and alumni of the School of Industrial & Labor Relations (ILR). It is a service of the Institute for Workplace Studies (IWS) in New York City. Stuart Basefsky is responsible for the selection of the contents which is intended to keep researchers, companies, workers, and governments aware of the latest information related to ILR disciplines as it becomes available for the purposes of research, understanding and debate. The content does not reflect the opinions or positions of Cornell University, the School of Industrial & Labor Relations, or that of Mr. Basefsky and should not be construed as such. The service is unique in that it provides the original source documentation, via links, behind the news and research of the day. Use of the information provided is unrestricted. However, it is requested that users acknowledge that the information was found via the IWS Documented News Service.
Stuart Basefsky
Director, IWS News Bureau
Institute for Workplace Studies
Cornell/ILR School
16 E. 34th Street, 4th Floor
New York, NY 10016
Telephone: (607) 255-2703
Fax: (607) 255-9641
E-mail: smb6@cornell.edu
****************************************
# posted by SBasefsky : 11:19 AM
