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Alberta's big backslide

For posting of generic news and event surrounding Labour Issues in Canada
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NC
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Alberta's big backslide

Postby NC » Fri Nov 20, 2009 3:14 pm

Here...

http://www.alrb.gov.ab.ca/decisions/GE_05611A.pdf

It looks like it will soon be law in Alberta that all union collective agreements must contain a security clause requiring membership in the union and payment of dues as a condition of employment.

This should get exciting. As the rest of the world moves away from such anti employee pro-organized labour laws... here's Canada running backwards into the path of even faster and heavier trains.

I look forward to you folks reading and commenting.


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Postby green1 » Sun Nov 22, 2009 2:35 pm

It looks like it will soon be law in Alberta that all union collective agreements must contain a security clause requiring membership in the union and payment of dues as a condition of employment.
Just a question... would this really change anything?
I'm certainly not aware of any Canadian unionized workplace that allows people to opt out of paying dues... as for "membership" being, or not being, a member seems to make very little difference.



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Postby alec » Sun Nov 22, 2009 5:42 pm

I am not aware of any other "open shops". this would appear to be a fairly rare occurance (coorect me if I am wrong). I certaibly think that if you have an open shop the union should not have to provide you services that they provide to their dues paying employeees.

It will be interesting to see what next steps ODF takes with all of this. They might just decide to close the plant altogether.


TWwho?

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Postby green1 » Sun Nov 22, 2009 6:02 pm

I'm also trying to figure out how giving people the option to associate, without forcing them to do so, violates the freedom of association in the charter of rights?

I guess those writing the charter of rights never realized we would some day require an explicit right of NON-association???

I'm a member of labourtalk, I believe that my freedom of association is being denied because EVERYBODY isn't a member of labourtalk! (it sounds ludicrous when I say it... why doesn't it sound ludicrous when a union says it????)



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Postby alec » Mon Nov 23, 2009 6:56 am

Well at the end of the day it is all about the $$ (Dues). I am sure that the union doens't intend to provide any better service...


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Postby NC » Mon Nov 23, 2009 5:00 pm

I guess those writing the charter of rights never realized we would some day require an explicit right of NON-association???
The writers of the Canadian Charter had originally envisioned an equally powerful right to non-association (like the rest of the planet has) but the Supreme Court of Canada, in Advance Cutting and Coring thought that unions were too powerful and scary, so rather than risk someone getting hurt... oh hell, read it yourself.
...the Supreme Court of Canada decided (8-1) that there is a negative right to not associate under the Canadian Charter of Rights and Freedoms Section 2d) – the Right to Freedom of Association. The Court also decided (5-4) that the Quebec legislation violated the right to not associate.

However, the Court ultimately decided (5-4), under Section 1 of the Charter, that the Quebec legislation was a justifiable denial of that right in a free and democratic society given the history of labour relations in Quebec’s construction industry.
So, while the right to not associate is a Charter right, justice Iacobucci (Yak-o-boo-chi) swung the vote because he felt that the Quebec construction industry was so violent and so out of control that it was in the best interest of Canada to repress that Charter right and... POOF... no right to non-association.

In other words, the unions made it so dangerous and violent not to be a union member that the Supreme Court of Canada sold out our right to not associate - Union Intimidation at a global level.

If the hammer had been mine, the police and the military would have had some Big Business Union thugs as target practice.

In the rest of the world it is a Human Right not to associate. In fact, Canada is a signatory of the United Nations Universal Declaration of Human Rights - which this decision pisses all over. Oh well, as we all knows, collective bargaining is the ONLY path towards workers rights...

I get all twisted up whenever I read this decision.


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Postby green1 » Mon Nov 23, 2009 7:30 pm

but now it's so twisted that the right to association can be used as an excuse why we MUST associate??? that's beyond even what that decision stated!




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