LAW 529 Study Guide - Final Guide: Reverse Onus, United Food And Commercial Workers, Bargaining Unit
26 Dec 2017
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The legislation excludes rcmp members from public sector federal labour relations legislation. The majority of scc struck down the impugned legislation as violating s. Ee choice includes the ability to form and join new associations, to change representatives, to set and change collective workplace goals, and to dissolve existing associations. The function of collective bargaining is not served by a process which is dominated by or under the influence of management. The public service essential services act prohibited public sector employees who had been designated as essential from striking. Scc held that the legislation was unconstitutional (one-year suspension). The right to strike is constitutionally protected under the charter. The right to strike not merely derivative of collective bargaining but rather is an indispensable component of that right. The court referred to the historical significance of strikes as a tool for workers to negotiate fair compensation and to several international agreements on labour that have been ratified by canada.
