Restraint and Labour Relations: The Case of British Columbia

1985 ◽  
Vol 11 (2) ◽  
pp. 171
Author(s):  
Mark Thompson
Keyword(s):  
British Columbia ◽  
Labour Relations

scholarly journals In Good Faith? An Analysis of the Features and Outcomes of Duty of Fair Representation Cases

2010 ◽  
Vol 65 (1) ◽  
pp. 118-133
Author(s):  
Fiona A. E. McQuarrie
Keyword(s):  
British Columbia ◽  
Good Faith ◽  
Future Research ◽  
Labour Law ◽  
Labour Relations ◽  
Fair Representation

While the union’s duty of fair representation (DFR) toward its members is well established in Canadian labour law, relatively little research has examined Canadian DFR cases or factors that may affect the outcome of DFR complaints. This paper examines 138 DFR cases filed with the British Columbia Labour Relations Board between 2000 and 2006. Only eight of the 138 cases resulted in a decision in favour of the complainant. The most common reasons for DFR complaints were the union’s alleged failure to pursue grievances relating to termination or to pursue grievances relating to job changes. The majority of complainants represented themselves in the process. Future research could expand upon these findings to improve understanding of the duty of fair representation and its application.

scholarly journals Correlates of Certification Application Success in British Columbia, Saskatchewan and Manitoba

2005 ◽  
Vol 51 (3) ◽  
pp. 544-562 ◽  
Author(s):  
Felice Martinello
Keyword(s):  
British Columbia ◽  
Time Series ◽  
Time Series Data ◽  
Economic Conditions ◽  
Political Regime ◽  
Series Data ◽  
The Political ◽  
Political Environment ◽  
Labour Relations ◽  
Labour Legislation

Time series data are used to estimate the effects of labour legislation, the political regime, and economie conditions on the proportion of certification applications granted. Applications filed with the British Columbia, Saskatchewan, and Manitoba Labour Relations Boards (1951-92) are considered and analyzed separately. Changes in labour legislation haue the largest impact on certification application success in all three provinces. The political environment is estimated to be important in British Columbia, but not in Saskatchewan or Manitoba. Economic conditions affect certification success in Saskatchewan and to a lesser extent in British Columbia, but not in Manitoba. Large changes in economic conditions are estimated to have only small effects on the proportion of applications granted.

scholarly journals Changements technologiques et rapports collectifs du travail

2005 ◽  
Vol 28 (1) ◽  
pp. 3-37
Author(s):  
André C. Côté
Keyword(s):  
British Columbia ◽  
Collective Bargaining ◽  
Technological Change ◽  
Technological Changes ◽  
Labour Relations ◽  
Collective Agreements ◽  
Commission Report ◽  
Teleological Interpretation ◽  
The Impact ◽  
The Relationship

This paper focusses on the relationship between technological change and the labour relations system circumscribed by the Québec Labour Code. While a teleological interpretation of bargaining rights of certified associations by labour jurisdictions seems to have dealt adequately with the impact of such changes on certification, the doctrine of residual management rights, in the context of fixed-term agreements entrenched in the Québec Labour Code, appears to be, in the opinion of the author, unduly rigid and restrictive. The Freedman Report on Railway run-through and the subsequent discussions surrounding the Woods Commission Report in the 1960's, resulted in the inclusion in the Canada Labour Code of provisions pertaining to the possible adjustment, through collective bargaining, of collective agreements in the context of such technological changes. Various provisions to the same effect have subsequently been inserted in the Labour Codes of Saskatchewan, Manitoba and British-Columbia. The Report of the Beaudry Commission recently proposed that the Québec Labour Code be similary modified by the inclusion of analoguous provisions. The author suggests that a reform along the lines thus suggested is, in principle, desirable to ensure a more equitable adaptability of our legal categories to the imperatives of technological change.

scholarly journals Construction Labour Relations Association in Canada

2005 ◽  
Vol 32 (1) ◽  
pp. 35-49
Author(s):  
Joseph B. Rose
Keyword(s):  
British Columbia ◽  
Construction Industry ◽  
Organizational Characteristics ◽  
Labour Relations ◽  
Recent Movement

This paper examines the relatively recent movement by employers in the construction industry toward province-wide associations specializing in labour relations. Beginning with the formation of the Construction Labour Relations Association of British Columbia (CLRA) it reviews the influences of contractor cooperation, union opposition and labour laws on the ability of these organizations to bring unity to contractor ranks and alleviate what has been de-scribed as the imbalance of power in construction labour relations. There is also an examination of the organizational characteristics of these CLRA-type organizations which reveals how they have been able to maintain control of members and reduce fragmentation

scholarly journals Privatization in British Columbia: What the Experts Say Will Happen

2005 ◽  
Vol 45 (2) ◽  
pp. 382-403 ◽  
Author(s):  
Barton Cunningham ◽  
Lari Mitchell
Keyword(s):  
British Columbia ◽  
Short Term ◽  
Labour Relations ◽  
Delphi Procedure ◽  
The Future ◽  
Early Fall

Privatization is being either implemented or investigated in over 100 countries and has become the plan of action for the B.C. government, beginningin the October, 1987. The goal of this Project was to predict the effects of privatization on labour relations in British Columbia. Specifically, it sought to understand how privatization might affect worker stability and wages, the structure and mechanisms for bargaining, the union 's structure and size, and the like. A delphi procédure was carried out in the early fall of 1988 which sought to sample three différent groups — representing union, management, and neutrals (eg., arbitrators). Those targeted were some of the highest ranking labour relations practitioners in British Columbia. The future of B.C. labour relations, based on the delphi prédiction, is one of short term instability for job holders, lower wages, and fragmentation of management's approach to bargaining. There could be increased costs for unions, more militancy, and more difficulties in improving labour relations.

The Boycott of the Law and the Law of the Boycott: Law, Labour, and Politics in British Columbia

1996 ◽  
Vol 21 (02) ◽  
pp. 313-351 ◽  
Author(s):  
Jonathan Goldberg-Hiller
Keyword(s):  
British Columbia ◽  
Trade Union ◽  
Important Case ◽  
Legal Rights ◽  
Labour Law ◽  
Labour Relations ◽  
Deliberative Politics ◽  
The Law ◽  
Subsequent Modification

This article uses a critical theoryllegal mobilization perspective to study the 1987–92 trade union boycott of the British Columbia labour law. The problems encountered establishing a total boycott–one that would eschew all contact with the state–and the subsequent modification of the parameters of the boycott through a selective reliance on the law offer an important case from which to learn more about the role of law and legal rights in highly regulated organizations and how collectives mobilize the law. The author argues that legal rights are important to unions because of their ability to mediate the complexity of labour relations through a decentralization of authority. At the same time, mobilization of the law for this purpose accentuates localized identities and unequal resources that operate in tension with a boycott ethos, necessitating a deliberative politics to legitimize the law. By exploring the tension between these two forms of mobilization around law–one to reduce complexity, another to legitimize broad collective norms–the author analyzes and draws some conclusions about the reproduction of social unionism in British Columbia.

Native Indians and the Trade Union Movement in British Columbia

1961 ◽  
Vol 20 (4) ◽  
pp. 219-225 ◽  
Author(s):  
Stuart Jamieson
Keyword(s):  
British Columbia ◽  
Trade Union ◽  
Trade Union Movement ◽  
Labour Relations ◽  
Western Province ◽  
University Of British Columbia ◽  
Union Movement ◽  
The Subject ◽  
Interdisciplinary Study

It should be stressed at the outset that this brief portrayal of the role that unions have played among native Indians is restricted to a particular region, namely, Canada's far western province of British Columbia. The article is based largely upon data compiled in a comprehensive interdisciplinary study of the Indians of this province, carried out by a University of British Columbia group during 1954-56. Data from this source has been supplemented by labour relations research that this author and others have done on the subject between 1948 and 1960.

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