LAW 529 Lecture Notes - Lecture 10: Collective Agreement, Rand Formula, Bargaining Unit
17 Dec 2019
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Common mandatory collective agreement terms -> must be included if not in will be read in. Union recognition clause: needed to clarify which employees the collective agreement covers; defines the scope of jobs covered by agreement. Labour arbitrator can order damage for breach of clauses caused by mid-contract strike/lockout: disputes for applications, interpretation and enforcement of agreement are binding to labour arbitration. United steelworkers of america v. bennett chevrolet geo oldsmobile cadillac ltd. -> minimum. Collective agreement duration-> agreement was not for 1 year remedial certification, final offer vote, application of mandatory collective agreement term, open period, and application for termination of a union"s bargaining rights. Prohibited collective agreement terms: all general public laws apply, no violation hrc. Sources of collective agreement terms and rules of interpretation. Laskin approach required employer to negotiate managerial prerogatives with union rather than simply inherit them from arbitrators through concept of reserved management rights.
