Wednesday, September 16, 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

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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
[full-text, 14 pages]



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.


    * 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                       

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