LAW 529 Study Guide - Final Guide: Bargaining Unit, Unifor, Arbitrariness
26 Dec 2017
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Chapter 46 - the regulation of unions: legal status, dfr (duty of fair representation), and decertification. Web of contracts theory can sue union executives and other union members. Unions have a legal existence separate from their members and officials. Unions can now sue and be sued in the common law courts in relation to matters not arising directly from the collective agreement or an employment-related statute. Exception: a statute may limit this rule. In ontario, the rights of labour act: unions that exist solely because the olra gives them legal powers, still cannot be sued in common law courts in ontario. The history of the duty of fair representation. 1971: ontario the first to introduce a statutory dfr. Need to let them know that there is a 5% success rate, if you want to keep going will have to pay up to lawyer. The employer has no say in what happens. The scope of the duty of fair representation.
