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Collective Bargaining In Canada

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Introduction
The right to associate (join a union) is a statutory (legally protected) right in Canada, but collective bargaining has not yet been ratified as a constitutional or human right (though the debate of such has been ongoing for decades). A human right is defined as a right inherent to all individuals, “as a part of their fundamental existence as human beings” to create/preserve dignity (Foster, 2011, p. 34). The basic disunion between the concepts of collective bargaining for economic parity and human rights for democratic and social equality lays the foundation for the ongoing argument: should collective bargaining be recognized as a human right?
Included in the analysis to follow are how historical perceptions of collective bargaining …show more content…

Canada falls short in many areas, primarily in the basic international standard that “all issues that influence worker well-being should be negotiable” (Adams, 2008, p. 58). Constitutionally, Canada continues to enforce collective bargaining as an economic right, giving no credence to how social and political decisions in the workplace affect workers (Adams, 2008, p. 51). Even though the Supreme Court of Canada affirmed collective bargaining’s human right status in 2007’s BC Health Services Decision, it did not embrace the ILO’s standards fully (Savage, 2008, p. 72). There has been no tangible change in legislation or within the labour movement to denote any progress since that decision (Savage, 2008, p. …show more content…

24). It is democratic in nature but, like management, will bargain based on how it represents workers and the values held by membership. The democratic nature of unions increases the complexity of decision-making (Foster, 2011, p. 24). The power and stability of unions might shift if collective bargaining were to become a human right, and the strength of the labour movement would wane (Savage, 2008, p. 69). Unions would have to give up power and the rigid, government-certified structures currently in place in favour of independent organizations that workers might want representing them (Adams, 2008, p. 59). As well, unions would have to eliminate mandatory union membership and dues as they contravene the “basic principles of freedom of association” (Adams, 2008, p.

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