1
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2
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- Reading for next time - Taras
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3
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- Dunlop's Systems Approach
- Kerr, Dunlop, Harbison and Myers Industrialization Approach
- Scoville's theory of the labor movement's economic versus political
aspects
- Clegg's theory of trade unions under collective bargaining
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4
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- Themes of Canadian IRHRM
- Contexts of IRHRM in Canada
- Ideology
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5
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- Only genuinely federal system we shall study
- Union movement which has maintained itself as ours has stagnated and
declined
- Union movement traditionally based outside the country
- Way Canadians have adopted and modified the Wagner Act framework
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6
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- Political Context of I.R.
- Population?
- Form of Government?
- Constitutional Monarchy
- Parliamentary Democracy
- Written constitution ‑ British North America Act
- Federal system
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7
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- Conservative Party of Canada
- Liberal Party
- New Democratic Party
- Bloc Quebecois
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8
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- Great Political Stability
- Violent crime at less than half the US rate
- On international “corruption” index, do quite well
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- Among technologically most advanced countries in world
- Level of Living ‑ Among highest in world ‑ How do we do this
calculation?
- 2002 GDP per capita highest in course
- 2002 Human Development Index
- Child Poverty very low
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10
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- Well endowed with natural resources
- Principal Industries
- Heavily manufacturing and service oriented
- Like LDCs, reliant on exports of raw and semi‑finished products
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11
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- High dependence on international trade and finance ‑ especially
with USA
- Very high foreign ownership, esp. by US firms
- 33% GDP exported
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12
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- Mixed Economy
- Government owned crown corporations compete with private sector
- Taxes and Government Spending
- Budget
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13
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- Manufacturing Labor Costs – 2002
- Recent economic performance
- 2005 economy growing at 3% annual rate
- 2005 inflation rate currently 2%
- 2005 unemployment rate 6.8%
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14
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- Societal
- Party Ideologies on IR
- Stability of Ideologies ‑ very substantial
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15
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- Actors
- Trade Unions
- Employer Organizations
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16
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17
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18
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- Major themes of our study of Canadian IR
- Contexts
- Constitutional Monarchy and Parliamentary Democracy
- Technologically Advanced but some reliance on primary exports
- Ideological stability
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19
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- Trade Unions – background
- Trade Unions – contemporary
- Trade Unions – Federations
- Employer Organization
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20
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- Early History
- Early British tradesmen brought British union traditions
- 1840s‑50s organization among skilled widespread
- 1860s USA based construction, printing, rail internationals gained
foothold
- Mass production workers organized US-based industrial unions 1930s
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21
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- Recent History
- 1960 union movement much like USA, about same density and concentrated
in private blue collar
- 1960 on growth then stability in union density as USA declined
- National v. International Unions
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22
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- Density
- Highest densities now in government and construction
- 2/3 unionists in Ontario and Quebec
- Total union density 2000 31%
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23
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- Other Factors
- Largest unions were international but no more
- Canadian Union of Public Employees largest
- About 275 national and international unions
- Most internationals have largely autonomous Canadian Districts or
locals
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24
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- CLC contemporary
- Has about 93 national and international affiliates
- Weak, loose federation with most power with major affiliates
- 10 provincial federations
- Major functions
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25
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- 1960 endorsed party that became New Democratic Party
- Biggest recent issues free trade agreements with US and Mexico
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26
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- Confederation of National Trade Unions ‑ CNTU
- Early 20th century formed in Quebec by some small unions
- 1960 severed formal ties to Catholic church
- Has about 260,000
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27
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- Canadian Federation of Labour
- Other federation issues
- Significant percentage union members in unaffiliated unions
- Membership in major federations falling as a percentage of total union
members
- Federations can't bargain and workers can't join directly
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28
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- Major employer organization is Canadian Employers’ Council
- Canadian Employers traditionally resisted unionism and bargaining
vigorously
- Employers not associated with particular political party
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29
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- Government Organization for IRHRM
- Procedural Rules
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30
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31
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32
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- Constitutional Monarchy, Parliamentary Democracy
- Technologically Advanced
- Export Dependent
- Union Movement ‑ Nationals and Internationals
- Management Organization
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33
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- Government Organization for IRHRM
- Procedural Rules – Government
- Procedural Rules – Public Sector
- Procedural Rules – Bargaining Structure
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34
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- Federal and Provincial jurisdictions for IRHRM
- Eleven separate systems ‑ commonality of philosophy and approach
- Principal responsibility provincial
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35
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- Every jurisdiction has a labor board
- Certify bargaining agents
- Hear cases (often including grievances)
- Every jurisdiction offers mediation and conciliation, as well as
arbitration and certification
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36
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- Early approaches
- Early on, unions viewed as criminal conspiracies in restraint of trade
- By 1900, most legal restrictions on unions gone
- Industrial Disputes Investigation Act ‑ 1907
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37
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- Incorporated NLRA‑style obligation to bargain with certified union
- Included compulsory conciliation approach
- Also added prohibition on strikes during agreement
- All provinces have some variation on these themes
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38
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- Statutes generally promote collective bargaining
- Intervention generally to establish bargaining structures, regulate
behavior so unions have some security, and to provide some assistance
in reaching settlements
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39
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- Most statutes have procedure to certify majority union as exclusive
agent and require bargaining.
- Elections, if held at all, usually held promptly, unlike in USA
- Only union can file certification petition
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40
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- Growing trend to provide compulsory arbitration of unresolved first
contract disputes
- Boards' have wide discretion in setting remedies for violations
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41
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- 1989 Supreme Court Paccar decision said employers could change wages
and conditions unilaterally at expiration of agreements
- Growing trend to limit union rights, copying US model
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42
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- Still only places in North America where laws favorable enough to let
Walmart employees unionize
- Have chosen to unionize at two stores in Quebec
- At oil and lubrication departments at seven stores in British Columbia
- All provinces mandate joint labor-management committees on health and
safety
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43
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- Traditional
- Legislation silent on crown employees
- Exception was municipal employees ‑
- Current
- Public Service Staff Relations Act ‑ 1967 ‑
- Provinces then passed legislation
- 1967-75 the public sector became overwhelmingly unionized
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44
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- Legal influences on bargaining Structure
- Labor Boards can be asked to determine if unit defined in union
certification application is appropriate
- Rarely does labor board require certification to be based on
multi‑plant basis
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45
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- Tremendous diversity, even within given industries
- Typically decentralized and fragmented
- Where there is multiple unionism, unions usually bargain separately
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46
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- Substantive Rules
- Administrative Rules – Grievance Procedures
- Industrial Conflict
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47
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48
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- Paper assignment reminder
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49
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- Government reliance on labor boards
- Legislative treatment of public sector
- Decentralized bargaining structures
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50
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- Substantive Rules – Government Role
- Substantive Rules – Collective Barg.
- Administrative Rules – Grievance Procedures
- Industrial Conflict
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51
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- Principal government role procedural, not substantive
- Certain specific terms and conditions traditionally regulated
- Whole social security system made substantially more generous over
post‑war period
- Unorganized employees in federal jurisdiction and some provinces can
now be terminated only for just
cause
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52
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- Normal provisions in agreements
- Wages
- Hours
- union security
- holidays and vacations
- layoff provisions ‑ seniority common here and on promotions
- health and safety
- probationary periods
- posting of job vacancies
- distribution of overtime
- various fringe benefits
- grievance procedures
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53
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- Discussion of some of these provisions
- Union Security
- Closed shop, union shop, Rand formula all allowed
- Closed shop common only in construction
- Rand formula compulsory in 7 of the 11 jurisdictions
- Holidays and vacations
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54
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- Legal framework
- Law requires agreements to have grievance procedures
- Law normally requires grievance arbitration as terminal procedure
- Some movement toward expedited arbitration of grievances by the labor
boards
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55
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- Legal Issues
- Law everywhere except Saskatchewan limits strike activity substantially
- Special legislation to end specific stoppages or force
"essential" employees back to work now common
- Some provinces now outlaw hiring strike replacements and in 1998
federal law amended to ban all strike replacements
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56
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- Like USA, Canada has always had pattern of long strikes
- 1994-2003 average work days lost per 1000 workers highest in course
- Problems of making such comparisons
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57
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- 2000 Foreign service diplomats voted to strike over a wage dispute
- April 2000 Toronto had the largest municipal strike in Canadian history
- September 2004 8000 employees of Canadian Revenue Agency in BC and
Ontario went on strike over wage dispute
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58
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- Recent Developments
- Review of Themes
- Discussion
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59
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60
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- Paper Reminder
- Reading for next time – Article on Britain in BLW
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61
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- Types of terms and conditions legislated by government
- Types of issues covered in Canadian collective agreements
- Legal requirements for grievance procedures and arbitration
- Pattern of substantial strike activity and long strikes despite
pervasive legal restrictions
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62
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- Other Developments
- Themes of the Canadian System
- Discussion
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63
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- Growth of strikes in 1960s led to government reform proposals including
- Increased experimentation with European‑style consultation
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64
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- Problems of operating a federal system
- Union movement which has maintained itself as ours has stagnated and
declined
- Labor movement traditionally based elsewhere but decreasingly so
- Way Canadians have adopted and modified Wagner Act framework
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65
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- Features you find especially interesting
- Features that the USA might learn from
- Features that don't work very well
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66
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- Begin Discussion of Britain
- Check out Atlapedia and Labourstart
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