1	Canadian Industrial Relations -Contexts and Ideology Lecture 1 of 5
2	Administrative Reading for next time - Taras
3	Review ‑ Theoretical Frameworks of Comparison 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
4	Today Themes of Canadian IRHRM Contexts of IRHRM in Canada Ideology
5	I. Themes of Canadian IRHRM 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
6	II. Contexts of IRHRM in Canada Political Context of I.R. Population? Form of Government? Constitutional Monarchy Parliamentary Democracy Written constitution ‑ British North America Act Federal system
7	II. Contexts – Political Parties Conservative Party of Canada Liberal Party New Democratic Party Bloc Quebecois
8	II. Contexts Great Political Stability Violent crime at less than half the US rate On international “corruption” index, do quite well
9	II. Contexts - Technological 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
10	II. Contexts - Technology Well endowed with natural resources Principal Industries Heavily manufacturing and service oriented Like LDCs, reliant on exports of raw and semi‑finished products
11	II. Contexts - Economic High dependence on international trade and finance ‑ especially with USA Very high foreign ownership, esp. by US firms 33% GDP exported
12	II. Contexts - Economic Mixed Economy Government owned crown corporations compete with private sector Taxes and Government Spending Budget
13	II. Contexts - Economic Manufacturing Labor Costs – 2002 Recent economic performance 2005 economy growing at 3% annual rate 2005 inflation rate currently 2% 2005 unemployment rate 6.8%
14	IV. Ideology Societal Party Ideologies on IR Stability of Ideologies ‑ very substantial
15	Next Time Actors Trade Unions Employer Organizations
16	Canadian Industrial Relations - Parties: Labor and Management Lecture 2 of 5
17	Administrative Taras reading
18	Review Major themes of our study of Canadian IR Contexts Constitutional Monarchy and Parliamentary Democracy Technologically Advanced but some reliance on primary exports Ideological stability
19	Today Trade Unions – background Trade Unions – contemporary Trade Unions – Federations Employer Organization
20	I. Trade Unions ‑ background 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
21	I. Trade Unions ‑ background 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
22	II. Trade Unions ‑ Contemporary Density Highest densities now in government and construction 2/3 unionists in Ontario and Quebec Total union density 2000 31%
23	II. Trade Unions ‑ Contemporary 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
24	III. Trade Union Federations CLC contemporary Has about 93 national and international affiliates Weak, loose federation with most power with major affiliates 10 provincial federations Major functions
25	III. CLC Continued 1960 endorsed party that became New Democratic Party Biggest recent issues free trade agreements with US and Mexico
26	III. Trade Union Federations Confederation of National Trade Unions ‑ CNTU Early 20^th century formed in Quebec by some small unions 1960 severed formal ties to Catholic church Has about 260,000
27	III. Trade Union Federations 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
28	IV. Employer Organization Major employer organization is Canadian Employers’ Council Canadian Employers traditionally resisted unionism and bargaining vigorously Employers not associated with particular political party
29	Next Time Government Organization for IRHRM Procedural Rules
30	Canadian Industrial Relations ‑ Government Organization and Procedural Rules Lecture 3 of 5
31	Administration:
32	I. Review Constitutional Monarchy, Parliamentary Democracy Technologically Advanced Export Dependent Union Movement ‑ Nationals and Internationals Management Organization
33	Today Government Organization for IRHRM Procedural Rules – Government Procedural Rules – Public Sector Procedural Rules – Bargaining Structure
34	I. Government Organization for IRHRM Federal and Provincial jurisdictions for IRHRM Eleven separate systems ‑ commonality of philosophy and approach Principal responsibility provincial
35	I. Government Organization 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
36	II. Procedural Rules ‑ Government 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
37	II. Industrial Relations and Disputes Investigation Act 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
38	II. General Approaches of Current Law 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
39	II. General Approaches of Current Law 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
40	II. General Approaches of Current Law Growing trend to provide compulsory arbitration of unresolved first contract disputes Boards' have wide discretion in setting remedies for violations
41	II. Recent Movement Toward US Models 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
42	II. Current Approachs 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
43	III. Procedural Rules ‑ Public Sector 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
44	IV. Procedural Rules ‑ Bargaining Structure 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
45	IV. Prevalent Bargaining Structures Tremendous diversity, even within given industries Typically decentralized and fragmented Where there is multiple unionism, unions usually bargain separately
46	Next Time Substantive Rules Administrative Rules – Grievance Procedures Industrial Conflict
47	Canadian IRHRM ‑ Substantive Rules, Grievance Procedures and Industrial Conflict Lecture 4 of 5
48	Administrative: Paper assignment reminder
49	Review Government reliance on labor boards Legislative treatment of public sector Decentralized bargaining structures
50	Today Substantive Rules – Government Role Substantive Rules – Collective Barg. Administrative Rules – Grievance Procedures Industrial Conflict
51	I. Substantive Rules -Government Role 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
52	II. Collective Bargaining 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
53	II. Substantive Rule‑making 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
54	III. Administrative Rules ‑ Grievance Procedures 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
55	IV. Industrial Conflict 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
56	IV. Strike Patterns 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
57	IV. Industrial Conflict 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
58	Next Time Recent Developments Review of Themes Discussion
59	Canadian IRHRM ‑ Recent Developments, Themes and Discussion of Issues Lecture 5 of 5
60	Administrative Paper Reminder Reading for next time – Article on Britain in BLW
61	Review 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
62	Today Other Developments Themes of the Canadian System Discussion
63	I. Other Developments Growth of strikes in 1960s led to government reform proposals including Increased experimentation with European‑style consultation
64	II. Themes of the Canadian System? 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
65	III. Discussion Features you find especially interesting Features that the USA might learn from Features that don't work very well
66	Next Time Begin Discussion of Britain Check out Atlapedia and Labourstart