LAW 529 Chapter Notes - Chapter 5: Reverse Onus, United Food And Commercial Workers, Walmart
25 Apr 2016
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Collective agreements are enforceable contracts between employers and unions. Once a collective agreement is negotiated, disputes will be resolved through a grievance process between the union and the employer. The union is responsible for defending employees" rights and for administering the collective agreement for them. Employees do not have individual rights to enforce the agreement when an alleged breach affects them. Employees have the right to grieve but it is up to the union to decide whether to proceed to arbitration. The legislation sets a floor below which the parties cannot bargain: Prohibition of strikes and lockouts during agreement (s. 46). Binding and final arbitration of disputes under the contract (s. 48). Union recognized as exclusive bargaining agent (s. 45). Management right to run business except as limited by this agreement. Union-employer committee to deal with non- grievable issues. Seniority and job security (layoff and bumping rights) Length of agreement and notice to negotiate new agreement.
