51.345A Labour Law - Assignment Due December 1

Law 51.345A: Labour Law

Fall 1998

Assignment #2

Position Paper - Reforms to the Ontario Labour Relations Act

For this assignment, you are required to develop a position paper, in the style of a submission that might be made to a legislative committee holding hearings to consider potential amendments to the Ontario Labour Relations Act. In the submission, you will be required to act as an advocate for either a labour organization or an employers' organization. (Feel free to make up the name of the organization, or, if you prefer, adopt an existing organization). The submission will identify one problem with the present operation of the Ontario Labour Relations Act, and will recommend an appropriate solution. You should be very clear about what is the problem and why it is a problem. In discussing your proposed solution, you do not have to draft statutory language, but you should be able to very clearly and concisely identify the main elements of the legislative changes that you are proposing. After identifying the problem, and presenting the proposal for amendment to the Act, you should provide a clear discussion in which justify the position you have taken, addressing such issues as the feasibility of the proposal, its fairness, its likely impact on efficiency, and any other matter that may be relevant. It is important to consider objections that might be raised by others to your proposal, and explain why those objections do not justify the Committee's rejection of your proposal.

Each submission should have an Executive Summary, of no more than two paragraphs. Each paragraph of the submission should be numbered. References to relevant cases, statutory provisions, articles, books, government documents, etc. should be provided in footnotes at the bottom of the page. There should also be a bibliography of all sources relied upon in writing the submission, appended to the end of the document.

Here is a list of possible issues. It is not meant to be exclusive. You may choose an issue not mentioned, but it would be wise to check with me before proceeding.

purposes of the OLRA should include the encouragement of collective bargaining, not merely its facilitation
permit the unionization of agricultural workers
allow certifications on basis of membership cards
allow Board to permit certification without a vote where there have been unfair practices by the employer during the organizing campaign
allow the Board to reinstate on an interim basis an employee dismissed during an organizing campaign, where union alleges dismissal was motivated by anti-union animus
introduce rules allowing union picketing and organizing activities on property to which the public normally has access
impose restrictions on the use of strike replacement workers
repeal section 42, preventing the employer from requesting an employee

repeal s. 47 (1) which requires the Rand Formula, as a minimum, to be included in collective agreements
prohibit unions from spending funds on political purposes without obtaining consent of members
prohibit unions from acting in a discriminatory manner in imposing discipline on their members
provide the Labour Relations Board with exclusive jurisdiction to regulate picketing

General Instructions

1. The assignment is due in class on Monday, December 7, 1998. Late submissions will be penalized one letter grade for each day they are late. Extensions are granted only for the most compelling reasons (usually on medical grounds for which documentation is provided). Heavy work load in other courses or other responsibilities will not normally be grounds for an extension.

2. The assignment should be no longer than 2000 words. Failure to abide by the limit will be taken into account in marking.

3. The assignment must be typed, double spaced, on 8 1/2" x 11" paper with generous margins. If using a word processor, it would be appreciated if a 12 point, proportionally spaced font is used. Be sure to securely fasten it. Do not use plastic or other kinds of covers.

4. On the cover sheet, specify that this is Assignment 2 for 51.345A. Be sure to include the Instructor's name on the cover sheet, especially if you are handing in the essay through the Law Department's Essay Chute. Put only your student number, not your name on the assignment, in order to help maintain anonymity in marking. Be sure to keep a back-up copy of the assignment, in the event that something goes awry and your assignment is lost.

5. Any cases, articles, statutes, texts, etc. that you rely on should be properly documented, in footnotes at the bottom of the page. Any standard system of citation will be accepted: for example, Canadian Guide to Uniform Legal Citation (2nd ed.)

6. You are expected to use gender appropriate language at all times. For example, when talking about employees in a generic fashion, do not write: "he has a right to freedom of association". This can often be avoided by using the plural form: "They have a right to freedom of association" or by some other appropriate strategy. Do not refer to the employer as "he" unless the employer clearly is an individual male. In most cases the employer is likely to be a corporate entity that can be referred to as "it".

7. You are reminded that it is an instructional offence for a student to copy the work of another student or to submit work that is not your own. Be sure to document the sources on which you rely for your information and your ideas. You are also not permitted to submit the same or substantially the same work for another course without the instructor's permission.

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Email: Michael Mac Neil

Last Modified: November 9, 1998