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Table Of Contents

Edna Cronk v. Canadian General Insurance Co. (1994 Ont. CA)
Just Cause for Termination
McKinley v. BC Tel (2001 SCC)
History of Unions and the Wagner Act
The Constitution and Collective Bargaining
Delisle (1999 SCC)
Dunmore v. Ontario (AG) (2001 SCC)
Health Services and Support Bargaining Assn. v. BC (2007 SCC)
Justifications for collective bargaining
Union Security Clauses: Voluntary Check off, Rand Formula, Closed Shop
2 ways a union can certify: Card and Vote
Union Certification Process: The Organizing Drive
What is an Employee? Control and Economic Dependence
National Labor Relations Board v. Hearst Publications (1944 US SC)
Winnipeg Free Press v. Media Union of Manitoba (1999 Manitoba LRB)
Employees Excluded from Unionizing: Managers, Confidential Employees
Children’s Aid Society of Ottawa (2001 OLRB)
What Qualifies as a Union?
S. 6(3) Unfair Labour Practices: Dismissal and Anti-Union Animus
Duchesmeau v. Conseil de la Nation huronne-Wendat (1999 CIRB)
S. 6 Unfair Labour Practices: General
Canadian Paperworkers Union v. International Wallcoverings (1983 OLRB)
Westinghouse Canada (1980 OLRB)
Certification and Bargaining Freeze
Employer’s Defences: Business as Usual, Reasonable Expectations
Simpsons Ltd. v. Canadian Union of Workers (1985 NSLRB)
Employer Speech
United Steelworkers of America v. Wal-Mart Canada (1997 OLRB)
S. 7 Union Solicitation on Employer Property
Canada Post (1995 CIRB)
S. 14 Remedies for Unfair Labour Practices
National Bank of Canada Int’l Union (1984 SCC)
R. v. K-mart Canada (1982 Ont. CA)
Professional Responsibility of Lawyers
Law Society v. Rovet (1992)
The Bargaining Unit
How do labour boards determine the appropriate bargaining unit?
Metroland Printing (2003 OLRB)
One Employer, Multiple Locations
(De)Certification
Sectoral Certification in Under-Represented Workplaces
Sale or Transfer? Successor and Common/Related Employers
Ajax (Town) v. Union
Common or Related Employer Applications
White Spot v. BC Labour Relations Board (1997 BCSC) pg. 365
Duty to Bargain (In Good Faith)
How bargaining ends
Noranda Metal Industries (1975 CLRB)
Content of the Duty to Bargain in Good Faith: Hard vs. Surface Bargaining
United Steelworkers of America v. Radio Shack (1980 OLRB)
Union v. Canada Trustco (1984)
Langille and Macklem: “Beyond Belief: Labour Law’s Duty to Bargain” pg. 410
Royal Oak Mines v. Canada (Labour Relations Board) (1996 SCC)
CAW Canada v. Buhler Versatile (1991 MLRB)
First Offer = Last Offer, “Final Offer”
Last Offer Selection
Duty to Disclose and Share Information
Consolidated Bathurst Packaging (1983 OLRB)
S. 53, 54: Joint Consultation and Adjustment Plans
Remedies for Bargaining in Bad Faith
Royal Oak Mines v. Canada (1996 SCC)
Buhler Versatile
S. 55 First Contract Arbitration
Yarrow Lodge (1993)
Industrial Conflict: Why do we allow strikes? Why do workers strike?
Public Sector Unions on Strike
S. 59, 60: How do you get into a legal strike position in BC?
The Constitution and the Right to Strike
Alberta Reference (1987 SCC)
What is a strike? Why not strike?
CWC v. Graham Cable TV/FM (1986 CLRB)
Ontario Secondary School Teachers’ Federation v. School Board (1999 OLRB)
BC Terminal Elevators Operators’ Assn. v. Grain Workers’ Union (1994 CLRB)
Strike Prohibition and Sympathetic Action
Int’l Longshoremens’ Association v. Maritime Employers’ Association (1979 SCC)
S. 63 BC’s Exception to Picket Line Rule
Hot Cargo and Hot Edict Clauses
Lockouts
Westroc v. Union (1981 OLRB)
Jurisdiction: 3 Forums Regulating Industrial Conflict
Disputes arising from strikes and picketing
Strike and the Purposive Definition
BC Public School Employer’s Assn. v. BCTF (2005 BCCA)
Picketing and Freedom of Expression
Why do we allow picketing?
S. 65 Types of Picketing: Primary, Common Sight, and Secondary Primary Picketing
Canex Placer Limited (1975 BCLRB)
Harrison v. Carswell (1976 SCC)
Secondary Picketing
The Charter, Striking and Picketing
K-Mart v. UFCW (1999 SCC)
Re Canadian Forest Products (Canfor Mill) (2006 BCLRB)
Ally Doctrine
Industrial Conflict: Job Rights of Strikers and Replacement Workers
Royal York Hotel (1962)
CALPA (Eastern Provincial Airways)
Why allow temporary replacement workers?
Why does BC ban temporary replacement workers?
S. 72, 73 Essential Services
Result of Essential Services Declarations: Interest Arbitration
The Individual Employee under Collective Bargaining
McGavin Toastmaster Ltd. V. Ainscough (1975 SCC)
Allen v. Alberta (2003 SCC)
Steele v. Louisville & Nashville Railroad Co. (1944 US SC)
Union’s Duty of Fair Representation
Content of the Duty
How far should duty of representation extend? 3 approaches
Human rights issues and the Duty
Central Okanagan
K.H. v. CEP Local (1997 Sask. Labour Relations Board)
Lavigne v. OPSEU (1991 SCC)
R. v. Advanced Cutting and Coring (2001 SCC)
Employment Standards Legislation
Re Becker Milk Co. (1973 OESA designee)
Re: Renaud (1999 BCEST)
Termination of Employment
Slaight Communications v. Davidson (1989 SCC)
Avenues to Address Employment Discrimination: Charter, Human Rights Act, Tort
Formal vs. Substantive Equality
Direct vs. Adverse Effect Discrimination (and Employer’s Defences)
BC v. BCGSEU (The Meiorin Grievance) (1999 SCC)
Vriend v. Alberta (1998 SCC)
Employment Discrimination
Grounds for Discrimination: Sex
Bliss (1979)
Brooks v. Canada Safeway (SCC)
Janzen v. Platy Enterprises (1989 SCC)
Shaw v. Levac Supply (1991 Ont. Bd. Inq.)
Grounds for Discrimination: Disability
Shuswap Lake General Hospital v. BC Nurses’ Union (2002 BCCA)
Union’s Duty to Accommodate
Central Okanagan School District v. Renaud (1992 SCC)
Globalization of Labour
What role does the law play in achieving ideal labour conditions?
International Labour Organization
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Labour Law CANS

Labour Law CANS

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