First Contract Arbitration in Canada
Author: Alastair Peter Macdonald
Publisher: Kingston, Ont. : Industrial Relations Centre, Queen's University
Published: 1988
Total Pages: 76
ISBN-13:
DOWNLOAD EBOOK →Author: Alastair Peter Macdonald
Publisher: Kingston, Ont. : Industrial Relations Centre, Queen's University
Published: 1988
Total Pages: 76
ISBN-13:
DOWNLOAD EBOOK →Author: Diane Linda Patterson
Publisher: Kingston, Ont. : Industrial Relations Centre, Queen's University
Published: 1990
Total Pages: 84
ISBN-13:
DOWNLOAD EBOOK →Author: Catherine Fisk
Publisher:
Published: 2011
Total Pages: 0
ISBN-13:
DOWNLOAD EBOOK →First contract arbitration (FCA) provisions are posed as a solution to the difficulties of negotiating a first contract for newly certified bargaining units. FCA is a longstanding, and no longer controversial, element of Canadian labor legislation. FCA provisions now exist in six Canadian jurisdictions and four distinct FCA models have developed (the exceptional remedy or fault model, the automatic access model, the no-fault model, and the mediation intensive model). In the United States the Employee Free Choice Act (EFCA) included a highly contested proposal to amend the National Labor Relations Act (NLRA) to include an FCA provision similar to the Canadian automatic access model. This chapter offers a balanced assessment of FCA evidence from Canada addressing the main objections to FCA in the EFCA debates. Individual case level data from jurisdictions representing each of the four FCA models is examined. The evidence demonstrates that although FCA is widely available in Canada, it is an option that is rarely sought and, when sought, rarely granted; that parties involved in FCA are able to establish stable bargaining relationships; and, that this process does not, as critics charge, simply prolong the life of nonviable bargaining units. This chapter concludes by suggesting that the practice under Quebec's "no-fault" model and British Columbia's "mediation intensive" model merit consideration for adoption elsewhere. These models position the FCA process as a mechanism fostering collective bargaining and voluntary agreements, rather than treating it as a remedy for dysfunctional negotiations and as part of the unfair labor practice framework.
Author: Melanie Vipond
Publisher: LAP Lambert Academic Publishing
Published: 2014-09-01
Total Pages: 88
ISBN-13: 9783659595820
DOWNLOAD EBOOK →This study is an empirical examination of the first contract arbitration model available in the province of British Columbia (B.C.), Canada, which features a unique focus on mediation as an alternative, preferred method for resolving first contract disputes. The B.C. model allows a mediator to issue non-binding recommendations for the terms of the first collective bargaining agreement, which are accorded considerable deference by subsequent arbitrators and courts. The key goal of this model is to establish first collective bargaining agreements and enduring bargaining relationships without resorting to arbitration. The assumption underlying this model is that agreements voluntarily reached by the parties, even with the assistance of a mediator, better achieve this goal than arbitration. Through data analysis and interviews with key participants in the B.C. model, this study empirically tests the validity of this assumption and the impact of mediator's recommendations. The data confirm that parties who accept the mediator's recommendations are the most likely to obtain a first collective bargaining agreement (at 97.4%) and be in a current bargaining relationship (at 82.1%).
Author: Julian Richard Walker
Publisher: Kingston [Ont.] : Industrial Relations Centre, Queen's University
Published: 1987
Total Pages: 58
ISBN-13:
DOWNLOAD EBOOK →Author: Ronald M. Snyder
Publisher:
Published: 2009
Total Pages: 889
ISBN-13: 9780433449225
DOWNLOAD EBOOK →Author: Earl E. Palmer
Publisher: Butterworth-Heinemann
Published: 1991
Total Pages: 767
ISBN-13: 9780409896473
DOWNLOAD EBOOK →Author: Donald J. M. Brown
Publisher:
Published:
Total Pages:
ISBN-13: 9780779889457
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