Syllabus - CML 3233 – Labour I
Fall Term 2012
COURSE: Labour Law I - CML 3233
TERM: Fall 2012
TIME/LOCATION: Thursdays 10:00 to 11:30 a.m. – FTX133
Thursdays 1:00 to 2:30 p.m. – FTX147A
INSTRUCTOR: Pamela Chapman
CONTACT: Office Hours: Thursdays 2:30 p.m. to 4:00 p.m.
538 King Edward, Room 216, ext. 7909
(at other times by appointment)
Telephone: 613 796-0597 (cell)
e-mail:
COURSE OBJECTIVES AND METHODS OF INSTRUCTION:
Official description approved by the Senate: General introduction to labour law with the primary concentration upon the private sector within Ontario. Topics canvassed include the rights to unionize, unfair labour practices, the certification process, collective bargaining, and industrial conflict.
This course explores the role of law in labour relations in Canada. We will examine collective bargaining legislation, focusing on the Ontario Labour Relations Act, 1995, and will consider decisions of administrative tribunals, courts and boards of arbitration in order to assess how labour law impacts the various actors in the labour relations system. Students will have an opportunity to consider the political and social values which underlie collective bargaining and its regulation by the state, and to critically assess the effectiveness of the various legal mechanisms we will explore, having regard to a variety of current issues, including globalization, the changing face of the Canadian workforce, and changes in the nature of work itself. Teaching methods will include lecture, discussion, debate, and films.
The purpose of the course is to provide students with an overview and working knowledge of Canadian collective bargaining law, and some understanding of how that regime relates to other legal regimes regulating employment, including the common law, employment standards and other forms of employment-related legislation. We will also examine the role of the Charter and of international law in the regulation of collective bargaining. You will be expected to gain some familiarity with the roles and competencies of the different institutions (legislatures, courts, administrative tribunals, arbitrators, etc.) involved in making, interpreting and applying labour law.
Specifically, the learning objectives of the course are:
1. To acquire a basic knowledge of substantive labour law.
2. To develop skills in legal reasoning and statutory interpretation.
3. To understand the institutional frameworks within which labour law is developed and applied and learn to think critically about institutional competencies.
4. To identify competing frameworks for understanding the role of labour law, and develop an ability to participate in debates over labour policy.
5. To become familiar with the historical, social, economic, and political context in which labour law is created and operates, and develop a capacity to analyze its significance for labour law’s development and effectiveness.
MATERIALS:
Most of the assigned material will be drawn from Labour & Employment Law: Cases, Materials and Commentary (The Labour Law Casebook Group, Irwin Law: Eighth Edition 2011). Supplementary readings, to provide additional material on topics not adequately covered in the casebook, are available on-line on the course website on Virtual Campus, as either PDF or Word documents, or as links. Anything not available electronically will be distributed in class. Any handouts used for class discussions, problems, and assignments will be handed out in hard copy in class, but will also be posted on-line.
In addition, you will be required to consult the Ontario Labour Relations Act, 1995, and reference will be made to other labour relations statutes. These statutes are available through the Internet, and instructions will be provided on how you may access them.
Students will also be provided with access to the Lancaster House Publishing on-line database, through its student access program. A user name and password will be given out in class. This will permit facilitate research.
SUGGESTED READING:
In addition to the required materials, you may wish to consult some of the following texts, all of which have been placed on reserve, or the journal listed (CLELJ), which is available through the Lancaster House on-line database:
Adams, Canadian Labour Law
Arthurs et al, Labour Law and Industrial Relations in Canada
Carter, D., Labour Law in Canada
McNeil, M., Trade Union Law in Canada
Sack & Mitchell, Ontario Labour Relations Board Law and Practice
Swan & Swinton, Studies in Labour Law
Etherington et al, Canadian Labour and Employment Law Journal
A very good labour and employment blog by York Professor David Doorey is at http://www.yorku.ca/ddoorey/lawblog/.
EVALUATION:
[1] Term Paper - 2500 to 3000 words; 50%
A detailed framework for this paper will be distributed in class; it is NOT a major research paper and resembles a long-answer or essay question on an exam, drawing largely on material covered in class.
The term paper will be due on the last date for the submission of assignments permitted by the rules.
The short term paper does NOT qualify as a major paper.
[2] Final Exam - 2 hour: open book 50%
Five short questions based on a fact pattern.
The final exam will be written on Friday, December 7, 2011, from 9:00 a.m. to 11:00 a.m.. During the last class we will review examples of old exams and will discuss the format of the exam. Note: Students will be permitted to type the exam using the approved computerized exam software.
CLASS SCHEDULE:
Any changes to this schedule will be discussed in class, together with any additions or changes to the assigned readings, guest speakers, etc..
September 6 Introduction
Historical Perspective/Individual Contracts of Employment/
Emergence of Collective Bargaining
Chapter 1 – pp.1-19, 64-65
Chapter 11 – pp.702-708 (Health Services and Support – Facilities Subsector Bargaining Assn. v. British Columbia, [2007] 2 S.C.R. 391, paras. 40-66)
September 13 Status: Employees, Employers and Trade Unions
Chapter 3 – pp.155-161, 168-182, 194-202
RWDSU v. Yellow Cab Co. Ltd. (OLRB), 1987 CanLII 3130 [edited]
UFCW, Local 1000A v. Nike (OLRB), 2006 CanLII 24724 [edited]
September 20 Acquiring and Terminating Bargaining Rights
Chapter 5 – pp.279-332
September 27 Retaining Bargaining Rights
Chapter 3 – pp.202-212
IAMAW, Lodge 99 v. Finning International Inc.(Alta.C.A.) [edited]
IAMAW v. GlobeGround (C.I.R.B.) [edited]
October 4 Unfair Labour Practices
Chapter 4 - pp. 213-251, 258-273
[one case to be added]
October 11 Bargaining a Collective Agreement
Chapter 6 - pp. 340-389
October 18 FILM: American Dream
October 25 Strikes and Lockouts /Picketing
Chapter 7 - pp. 390-top of 410; 413-top of 422; 426-top of 439; 441; bottom 444-top 473; 475-481
November 1 Constitutional & International Framework
Chapter 1 - pp.60-63 (Macklem), pp. 65-76
Chapter 7 - pp.492-494
Chapter 11 - pp. 674-721, pp.729-732
Fraser et al. v. A.G. Ontario (Ont.C.A.) (summary)
(Note: while these readings are long, we have already looked at portions of B.C. Health Services [pp.702-708] in the readings for the first class, and both Dunmore [pp. 687-697] and Fraser, are also assigned for next week.)
November 8 Case Study: Vulnerable Workers
FILM: 24 Days in Brooks
Chapter 1 - pp.51-56 (Blackett & Sheppard, Galabuzi)
Review Dunmore pp.702-708, Fraser et al. (last week)
UFCW v. Mayfair Foods (Man. L.R.B.) (summary);
CSWU Local 1611 v. SELI Canada (B.C.H.R.T., B.C. L.R.B.) (summaries of three decisions);
November 15 Collective Agreement and Arbitration
Chapter 8 - pp. 495- 498; pp. 509-521; pp.531-561; pp. 564-575
Recommended: pp. 498-509 (Weiler and Beatty excerpts)
November 22 The Union and its Members
Chapter 9 - pp. 589-626
Chapter 10 – pp. 650-top of 654; pp.664-673
K.H. v. CEP (Sask.L.R.B. 1997) [edited]
November 29 REVIEW CLASS
CLASSROOM ETIQUETTE:
o Laptops are to be used in class only for notetaking or accessing the virtual campus. It is easy for your laptop to become a distraction to you and to those around you, and therefore you are asked to avoid using computers for entertainment during class. If you fail to honour this request, you will be asked to leave the classroom. Repeated or particularly egregious disregard of this laptop etiquette request will result in a referral of the matter to the Vice Dean for appropriate sanction.
o The instructor will occasionally call for “laptops down” and conduct a brief discussion or exercise with all laptop screens down.
o Students are asked to avoid tardiness. If it is absolutely necessary for you to enter or leave the classroom while class is in session, please do not disrupt the class upon entering or exiting the classroom.
o Finally, please turn off cell phones when you are in the classroom
ACADEMIC FRAUD:
Students are reminded of the rules on academic fraud. All instances of fraud will be reported for investigation and sanction. Assignments submitted must be your own work. Please familiarize yourself with the University Academic Fraud Regulations, http://www.uottawa.ca/governance/regulations.html#r72. You should also familiarize yourself with the University Policy on Plagiarism, which is available at the Academic Office and at http://www.uottawa.ca/plagiarism.pdf and the University of Ottawa academic integrity website which can be found at: http://web5.uottawa.ca/mcs-smc/academicintegrity/home.php
The University disciplinary process for academic fraud can result in penalties ranging from loss of credits for the course to expulsion. Academic fraud must also be reported to the Law Society of Upper Canada, which in turn may refuse you admission to practice law in the province.
ACCOMMODATION:
Disability Accommodation:
Students who require accommodations or academic support because of a physical or learning disability, or any condition that affects their ability to learn, are invited to register with ACCESS SERVICE:
Office: UCU 339
Telephone: 613.562.5976
TTY: 613.562.5214
E-mail:
Web: www.sass.uottawa.ca/access/
Students can meet with an Access Service specialist to identify their individual needs and to discuss appropriate strategies. All information provided to Access Services and all accommodations received remain strictly confidential.
Deadlines to request accommodations for final exams:
Fall Semester: before 15 November
Winter Semester: before 15 March
For additional information about Access Services you may contact Jessica Simon in Student Services at or at 613.562.5800 x 8891.
Religious accommodation
Accommodations will be made to allow students to observe their religious obligations. Students should contact the Manager, Equity and Academic Success no later than three weeks before the religious holiday in question, unless otherwise instructed by their professor.
The University of Ottawa is committed to respecting the religious beliefs and practices of all members of the community, and making accommodations for observances of special significance to adherents. Should any of the dates relating to assignments for this course pose such a conflict for you, please let the professor know within the first three weeks of class.