Summary: Industrial Relations

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  • 1 Collective bargaining (Ch 5 and 6)

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  • Describe how the common law regime treated (or treats) collective worker activities, including unionization, collective bargaining, and strikes. (BACK IN THE DAY)

    Not good.

    • Common law regime is judge-made rules to employment contracts and torts with work.


    When unions and strikes were happening, it was seen as intimidating for workers not to work (A Tort).

    It also considered Unions to be illegal and against the law for many. That is until many workers by the hundreds of thousands, came to unions that they started to negotiate. Which lead to the 1944 PC 1003 Union.
  • Describe how early collective bargaining laws modified the common law to both create new rights for workers to act collectively and control unions and employee associations.

    PC 1003 - - opened the door for freedom of unions with the right to collective bargaining/strikes and lockouts.
  • 1.1 Lecture 1

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  • As the teacher put it, Industrial Relations are all about unions and collective bargaining power. We did a poll as a student collective to see how many people knew about unions themselves, and we stood up. As a group, we decided to choose that we knew the answer.According to the PowerPoint, what is a union, and what does it do?

    Unions are collective groups pushing for rights

    Increase bargaining power beyond individual worker
  • Common law regime. What is an excellent way to summarize the regime between employers and employees?

    Judge-made rules to employment contracts and torts along with applications to work.
  • The common law regime consists of both the Law of Contracts and the Law of Torts.What are the Law of Contracts and the Law of Torts?

    Rules made by judges for the interpretation of the contracts

    A wrong in employment must be civilly met even though it doesn't violate a statute. (ex. Someone being loud "Nuisance")
  • Regulatory Regime Law. These are rules created by who?And what does the organization govern?"Having a good floor which no one can fall through."

    Created by the government. 

    Governs the work relationship and employment contracts.
  • Collective Bargaining Regime.What are the three categories of rules talked about in the Collective Bargaining Regime?(The three parts of the regime discussed in the book and PowerPoint)

    1. Labour relations
    2. Collective agreements
    3. Common law Torts with judge-made rules
  • Stare decisis A Latin term meaning what?It is a guiding principle, but which regime is it used for?

    To stand by a previous decision.

    In the common law regime
  • We had a history lesson that took us back 100 years ago to see Canada's first strikes and protests.Were they destructive or helpful to the economy? Were Unions accepted or dangerous?

    Destructive to the economy. Unions were dangerous.
  • Freedom of Association was declared in 1948!!!This was a historical exclusion of some sectors!List the freedoms of this human right that you can think of:

    • Individual's right to join or leave groups voluntarily
    • Right of the group to take collective action (UNION) to defend!
    • Right for people to come together to pursue certain interests
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