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Labour Relations In Canada Add in library

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Question:

Describe about the Labour Relations In Canada?
 
 

Answer:

Introduction

Labour relation is a dynamic and ever changing process. It is defined as the dealings and interaction between the management and workers of an organization regarding the employment conditions. Labour relations become a crucial part of that organization which has enormous size of Labour force and thus requires a union to handle them. (Investorglossary.com, 2015)

Considering a recent happening in Ottawa, the Royal Canadian Mounted Police was previously deprived by exercising collective bargaining. The Royal Canadian Mounted Police, popularly known as the Mounties, is considered to provide police service to entire Canada at a federal level. RCMP is famous for being a policing body at national, federal, provincial and municipal level.

The Star, a daily newspaper in Canada, by Tonda MacCharles, Ottawa Bureau reporter, highlighted the issue based on the fact that RCMP were previously were deprived of collective bargaining and all other benefits of a public sector employee. There was a ban on formation of union of RCMP as an independent labour association. The RCMP never had the power to negotiate pay or solve problems related to harassment. But the article portrays that the Supreme Court has depicted the law that prevented the Canadian Mounties to form union was contrary to section 2(d) of the Charter of Rights and Freedoms. The Supreme Court had paved way for the RCMP to form union and participate in collective bargaining and utilize other benefits. (MacCharles, 2015)

 

Key Details Of A Newspaper Article

Based on the report of the newspaper, The Star, Canada, by Tonda MacCharles, Ottawa Bureau reporter, the Public Service Labour relations Act excluded the Royal Canadian Mounted Policies (RCMP) from the definition of what a public sector employee is and the regulations under the RCMP Act scheme poses that 21,000 regular and civilian members who are represented by 34 staff representatives who try to resolve the workplace issue. But these RCMP never had the authority to negotiate pay, or exercise benefits of other issues as other public service unions perform. Rae Banwarie, president of the Mounted Police Professional Association of Canada and a RCMP crime investigator was of the view that without a union the RCMP couldn’t exercise collective bargaining, benefits and also couldn’t solve problems related to sex harassment and bullying. The decision of the Supreme Court of Canada overturned itself and announced that the law which kept the Mounties from forming a union is unconstitutional. And that the Mounties should be given the power to collective bargain and exercise all the powers and benefits of any unions in Canada by forming an independent labour association. (MacCharles, 2015)

 

Analysis Of The Article

The Public Service Labour Relation Act along with the RCMP Act had deprived the Mounties of benefits and collective bargaining rights. Like any other public service employee the RCMP should also exercise the benefits of a unionized labour force. The problems of sex harassment and bullying within the Mounties were delayed due to not implementing any schemes to exercise collective bargaining and other benefits of a unionized labour. Around more than 50 percent of the Mounties wanted a Scheme that enabled them to exercise all the powers of unionized labour. Thus, the decision of the Supreme Court of Canada of declaring a ban on Mounties to form a union was unconstitutional. (Blanchfield, 2015)

 

Recent Happenings

The verdict of the Supreme Court of Canada on the unionization of the RCMP was followed by three other significant rulings on the section 2(d) of the Charter of Rights and Freedoms. The three decisions that changed the labour relation structure of Canada included Mounted Police Association of Ontario v. Canada (MPAO), Meredith v. Canada and Saskatchewan Federation of Labour v. Saskatchewan (SFL). The significance of the three major conclusions from Canada’s Supreme Court would be resonating for years. MPAO, like RCMP are entitled to participate and exercise collective bargaining. (Scc-csc.lexum.com, 2015) SFL demanded to allow their employees to exercise the right to strike and the Meredith is of the opinion that possessing the right to form union and collective bargain or to strike does not necessarily imply that the employees get what they demand. (Scc-csc.gc.ca, 2012) They are permitted a seat at the table. (Scc-csc.lexum.com, 2015) (Law, 2015)

 

Conclusion

The decision of the Canada’s Supreme Court has highlighted the issues of collective bargaining of the public sector employee. The decision allows the employees to constitutional form a bargaining structure which would be independent of management control. Employees must choose their own representative and put forward issues before the management. The decision of Supreme Court also helped to clarify the collective bargaining procedure and also directed solutions other cases (as discussed). Thus, the starting point for the new era for the RCMP would be an independent association who would be able to bargain collectively. (LLP, 2015)

 

References

Investorglossary.com, (2015). Labour Relations Definition - What is Labour Relations?. Retrieved 6 February 2015, from https://www.investorglossary.com/Labour-relations.htm

Blanchfield, M. (2015). Mounties have the right to collective bargaining, Supreme Court decides. The Canadian Press. Retrieved from https://ca.news.yahoo.com/supreme-court-set-rule-today-whether-rcmp-officers-113047202.html

MacCharles, T. (2015). Supreme Court strikes down rule that bans RCMP from forming union. The Star, Canada. Retrieved from https://www.thestar.com/news/canada/2015/01/16/supreme-court-strikes-down-rule-that-bans-rcmp-union.html

Law, D. (2015). Supreme Court of Canada strengthens employee association rights in a trilogy of cases in January 2015 | Gowlings Articles & ResourcesM.gowlings.com. Retrieved 21 February 2015, from https://m.gowlings.com/knowledgecentre/article.asp?pubID=3864

LLP, P. (2015). Freedom of Association – The MPAO DecisionPhillips Gill LLP. Retrieved 21 February 2015, from https://www.phillipsgill.com/2015/01/22/freedom-of-association-the-mpao-decision/

MacCharles, T. (2015). Supreme Court strikes down rule banning RCMP union. Hamilton Spectator. Retrieved from https://www.thespec.com/news-story/5261788-supreme-court-strikes-down-rule-banning-rcmp-union/

Scc-csc.gc.ca,. (2012). Supreme Court of Canada - SCC Case Information - Summary - 35423. Retrieved 21 February 2015, from https://www.scc-csc.gc.ca/case-dossier/info/sum-som-eng.aspx?cas=35423

Scc-csc.lexum.com,. (2015). Meredith v. Canada (Attorney General) - SCC Cases (Lexum). Retrieved 21 February 2015, from https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/14576/index.do

Scc-csc.lexum.com,. (2015). Mounted Police Association of Ontario v. Canada (Attorney General) - SCC Cases (Lexum). Retrieved 21 February 2015, from https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/14577/index.do

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