Canada Labour Code Collective Agreements

(ii) do everything in its power to enter into a collective agreement; But even less draconian reactions can be very dangerous. The promise to “remedy” perceived problems or to offer wage increases is also against the law when it comes in response to a union attempt. Before taking action in the face of a union campaign, employers should be advised by an experienced labour practitioner familiar with Canadian law. The law on these issues is generally very different from the law in the United States and, on the advice of an American lawyer, it can be difficult unless they are familiar with the very different approach of labour committees and tribunals in Canada. The Canada Labour Act (the Code) is an Act of the Parliament of Canada that defines the rights and obligations of workers and employers in government-regulated employment and establishes federal labour law. Even if a union has not applied for certification under the code, an employer may agree to recognize the union as a negotiator for workers and enter into a collective agreement with the union. This is called voluntary recognition. In such cases, the union generally has the same rights and is subject to the same obligations under the code as a certified union. However, the Management Board must be satisfied that voluntary recognition has been approved by the staff concerned. 2. The employer who succeeds a former contractor as a service provider shall pay to the workers who provide the services under this contract or this agreement remuneration at least equivalent to that to which the workers of the former contractor who provided the same or essentially similar services, in accordance with the provisions of a collective agreement to which this party applies: They have been entitled to a right.

Every Canadian jurisdiction has procedures under which a union can apply to be the negotiator for a certain unit of employees. In each jurisdiction, the statutory tribunal with jurisdiction over labour relations has jurisdiction to determine what constitutes an “appropriate bargaining unit”. In some cases, the enabling law sets conditions for what must be taken into account in an appropriate unit, sometimes depending on the nature of the workers, such as professionals, guards or “craftsmen”, and in others, the sector in which they work, such as for example. B in the construction sector. Generally, only “workers” can be included in a bargaining unit, but this definition is broader than the definition for other purposes. It may include persons who, for other purposes, would be considered independent contractors when they receive most of their income from a single entity and are “economically dependent” on that unit or, in some cases, on a given sector. Executives are generally excluded from members of a bargaining unit, as are certain professionals such as physicians or lawyers. (a) a collective agreement or arbitration award that applies to all workers in that part of the federal public administration and that is in effect at the time the part of the federal public administration is created as part of such an entity or enterprise, subject to paragraphs 3 to 7; until the expiry of its duration; and 45 In the event of a sale or modification of the activity referred to in article 44, the board of directors may, at the request of the employer or a trade union concerned, determine whether the workers concerned constitute one or more entities appropriate to collective bargaining.

As a result, there is now a common core of principles and approaches to labour law among the various Canadian jurisdictions….

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