Collective Bargaining Law

Quick Info
(2515.04)  Course
Professor A. Smith
4 credit(s)  4 hour(s);
Lecture, discussion, problem-solving
Upper Year Research & Writing Requirement

This course provides an introduction to legal regimes governing collective employee representation in Ontario and beyond. Students will gain appreciation for collective bargaining legislation and its particular scope and parameters of protection, including its silences and deficiencies (particular sectors of emphasis may include post-secondary education, health care, migrant work, etc.). Consideration will be given to the role of the state in protecting freedom of association through statutory certification procedures, the articulation of exclusive bargaining rights and the duty to bargain in good faith. Students will confront the underlying commitments of states in governing collective employee representation, including considering the relationship between different social and economic goals, individual and collective rights, and in relation to multinational corporations, and more. The exploration will take us into the transnational context of collective bargaining (e.g. impact of trade agreements, capital flight, transnational organizing, etc). Considerable attention will be given to exploring scenarios in which collective bargaining law does not apply and in which alternatives have emerged.