Hello All,

Just a reminder that we have been moved to TEL 0010 for tomorrow, and we will begin at 9:15 a.m.  Our lunch has been moved back to 1 p.m. because Schulich restaurant is packed between 12 and 1 p.m   See you tomorrow.  David

Hi all. We will be discussing the third regime of workplace law starting this weekend: Collective Bargaining Law.

I used to show two videos in this class.  One is a history documentary following the development of the Canadian labour movement and labour laws. The other is a documentary of a particularly difficult round of collective bargaining at Bombardier near the Toronto airport in the mid-1990s.  I decided that it wasn’t the best use of classroom time to show these videos, but after some lobbying, I’ve managed to get York librarians to obtain the streaming rights to the videos. That means you can watch the videos from your home computer if you have time and interest.  If you use a Mac, I suggest you use Firefox instead of Safari to view these movies.

The Labour History Videos

There is a series of 4 short documentaries of about 20 minutes each.  I used to show Part 2 (Hard Times, High Hopes, 1929-1945), because it shows the origins of our modern labour law model (P.C. 1003, which we learn about in Class 3).  If you want to watch it, or any of the other 3 videos, follow the links here, stroll to the bottom where it says Click to Access this Resource, and enter your York library passwords:

Brave Beginnings, 1900-1925

Hard Times, Brave Beginnings (1929-1945)

The New Militancy (1965-1984)

Holding the Line (1984-New Millennium)

The Bombardier – CAW Strike and Bargaining Documentary

This is a pretty fascinating film, because it follows the back room in-fighting within a divided CAW bargaining team.

Background:  The CAW’s main people in the film are the CAW President (Buzz Hargrove) and the Head of the union bargaining committee (Merv Grey).  Grey is a worker in the factory who has been elected by the workers to represent them in bargaining.  Buzz runs the union.  The employer eventually tells the union that if the union does not agree to the employer’s proposal, it will close the factory and fire everyone.  Buzz thinks the threat is real, and advises Merv and the bargaining committee to accept the employer’s offer.   The workers and some on the committee think the employer is bluffing about the threat to move the work.  So in much of the movie, the union is engaged in in-fighting with one another.  Buzz disagrees with the strategy of the workers, and the workers are very angry with Buzz and the employer.  We don’t see the employer that often.

Watch how the union’s negotiators are always concerned about whether the workers will vote for the proposed agreement.  This bargaining is way more hostile than most, but you can see how collective bargaining is way different than individual bargaining.   If you have questions about the movie, use the Comment function.

Warning:  there is a lot of bad language, so I apologize for this.

Here is the link to the video. You will need to enter your York library information.

Hi, you asked me to provide some possible essay topics. Here are a bunch off the top of my head. If none of these interest you, and nothing else is coming to mind, I recommend you email me and tell me in a general way what interests you. We can then think about possible topics.

Possible Essay Topics

1. The Employee Free Choice Act (EFCA) is being hotly debated in the U.S. right now. It would seek to make it easier for workers to opt for collective bargaining over the individual employment model.

I have several blog entries about it that will introduce you to the debates. Search “efca” in my search engine. Huge numbers of commentators have written about the legislation, both for and againt.

There are numerous issues related to this development that could be explored in essay form. Here are some examples:

• “The EFCA is a dangerous idea, because it could cause economic devastation to American industry while it undermines employee autonomy and freedom.” Evaluate this comment be examining the debates for and against the EFCA.

• “It appears that the Americans are about to move their labour laws in the opposite direction of that taken by Canadian governments over the past 15 years. This provides a good impetus to reassess the Canadian approach to labour relations, otherwise, Canada is destined to experience the same problems that have plagued its Southern neighbor.” Evaluate this comment.

• Identify, explain, and assess the various policy justifications being touted in support of the EFCA.

2. The HR policies of Magna Inc. have long been influenced by a desire to remain non-union in the highly unionized auto industry. It has been very successful in this objective. However, in 2007, it surprised everyone by agreeing to allow the Canadian Auto Workers access to its factories for the purposes of encouraging its employees to join the union. Examine this development in an attempt to explain Magna’s decision from an HR perspective.

3. In difficult economic times, HR departments often need to need to implement layoffs and terminations in order to lower labour costs. Compare how the three regimes of employment law deal with downsizing, and examine what policy interests are advanced under the different models.

4. Canadian judges long ago implied a term into employment contracts requiring that ‘reasonable notice’ be given of the termination of the contract. That requirement was later adopted by governments and incorporated into statutory ‘minimum notice’ provisions. However, in the U.S., the courts went another direction completely. They decided that employment contracts are ‘at will’. This means that either side can terminate the contract at any time without giving notice. Examine the origins of the divergent approaches and the philosophies used to justify them. Which model do you believe is ‘preferable’?

5. “It is true that unions have measurable effects on wages and benefits, which usually benefit workers, but they also impose considerable restraints on the ability of employers to implement progressive HR policies and strategies.” Evaluate this comment, with reference to the academic literature on union effects and labour arbitration law relating to management rights.

6.  Explore the debates about the impacts of unions on such things as productivity, profitability, and employment levels.

7. While the Canadian collective bargaining model that began with P.C. 1003 did a lot to build a middle-class in Canada, it was principally men (mostly white men) that benefited. The model was never designed to influence working conditions in the sorts of jobs where most women were employed. Yet today over 50 percent of union members are women. What explains this dramatic turnaround, and does it mean that women are in a position to take the leadership role in the Canadian labour movement?

8. The question of how far the ‘right to strike’ should go has been a topic of debate in recent years because of strikes at universities and high schools and in public transit and garbage collection. The TTC was recently declared an ‘essential service’, and the Federal government have prohibited strikes at Air Canada and Canada Post. Meanwhile, lawyers have been debating whether the Supreme Court of Canada is close to ruling that the right to strike is constitutionally protected (by the Charter of Rights). Explore the debates in Canada about the ‘right to strike’, and explain your position on this subject.

10. Select a subject related to HR and examine in depth how that subject is governed by the law.

11. Compare a feature of Canadian labour and employment law to the laws of another country dealing with the same subject matter. Or, compare and contrast how different Canadian jurisdictions deal with the same or similar issues related to employment. (you can talk to me about possible subjects where there are differences).

13.   Explore the law that governs an HR issue that you or your organization has had deal with.  Do you think that law strikes an appropriate balance between the companies’ interests and the employees’ interest?

14.  Choose an academic in the field of industrial relations or employment/labour law and explore themes and ideas in their work.

15.  Explore the debates about whether the minimum wage laws reduce poverty.

16.   Explore the literature that explains why workers join unions, and assess the potential for workers in your workplace or industry to look to unions in light of those findings.

17.    Examine and evaluate  the various studies that have looked at the “demand for unionization” in Canada and the U.S. (the assessment of whether workers would like to belong to unions if given the opportunity).  What issues do these studies raise for public policy reform, if any.

19.   Examine how workplace law influences the activities and responsibilities of the human resources function within organizations, perhaps drawing on your own experiences.  Are HR managers expected to be well-versed in the law, or is legal knowledge assumed to be for the “lawyers”?   In what ways does the law touch the work you perform, and how could a lack of legal familiarity create problems in your job, or alternatively, how could better knowledge of the law help you better achieve your objectives?