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The law of collective bargaining is one of the most sophisticated and dynamic areas of law in Canada. Every practitioner should have a "go to" text on the framework in this area of the law and the process of collective bargaining, as well as practicalities to consider. The third edition of this highly regarded resource includes relevant updates to case law and statutes throughout; it also has been significantly expanded to include an entire new part of the text, which features 11 new chapters that examine the practical aspects of the collective bargaining process.
The Framework
The first part of the text guides the reader through the foundational topics of collective bargaining :
Sets out the historical, economic, and philosophical context within which the law operates
Introduces the reader to the major public players on the collective bargaining stage, as well as private players
Clarifies the origin and lifespan of a union's bargaining rights
Analyzes the game-changing rulings of the Supreme Court of Canada on Charter issues that have arisen in the labour law context
Includes major legislative changes since the last edition
Examines the collective agreement and key clauses
Examines the use of economic sanctions and the restrictions that the law places on economic warfare
Analyzes the rules governing internal union affairs, and most importantly, the relationship of the union member to his or her union
The Process â€" 11 New Chapters
The second part of the text guides the reader through the chronology of the collective bargaining process :
Considers how collective bargaining should be approached and what preparations are recommended
Looks at the ongoing nature of collective bargaining, sometimes starting even before the current agreement is ratified
Reviews special forms of bargaining and special sectors of the economy within which bargaining occurs
Examines the advantages and impact of a collective agreement and how that may translate into the many workplaces that operate without a formal agreement, which may be of particular interest to non-unionized workplaces
Looks at the broader impact of the collective bargaining experience on Canadian workplaces and legislation
Considers some exploratory musings on how our collective bargaining laws shape us as a society and what the future might look like
New In This Edition
New section on the statutory framework which explains the different types of statutes that govern collective bargaining and, specifically, the contents of collective agreements
Updates to the section on standard of review in light of the decision in Dunsmuir v. New Brunswick and subsequent cases clarifying the approach to determining the standard of review
New section on conciliation / meditation and arbitration in the chapter on the negotiation of the collective agreement
In the section on common clauses in the chapter on the collective agreement, the authors have included new sections on common clauses pertaining to additional union rights and responsibilities, classification of employees, layoff and recall, non-discrimination, contracting out, and hours of work
Updated Concordance of Canada Labour Code Provisions Cited in the text
Of Interest To
Labour and employment lawyers â€" Comprehensive explanation and discussion of the law in the area they practice
Government lawyers, in-house counsel, labour union representatives and negotiators â€" Comprehensive discussion and explanation of the law which governs their organizations
Law Libraries â€" For patrons to utilize for research purposes; for libraries to update their...
