The Rise of Industrial Unionism in Canada – A History of the CIO

This paper was written from the perspective of Don Taylor, who was able to work in every part of Canada with union people – both leaders and members – many of whom had been involved in the Congress of Industrial Organizations (CIO) from its beginnings in this country. He felt that there were too few written memoirs of the experiences of those whose deeds didn’t conform to accepted heroic traditions or dramatic conventions, but who enjoyed the great priviledge of working for a good cause in pursuit of noble principles.

This monograph relies upon sound historical sources for verification of facts and events. It attempts, as well, to capture something of the evangelical spirit which propelled this grass roots movement and enabled it to accomplish so many unprecedented improvements in the status of working people.

Employee Benefits and The Part-time Worker: Legal and Economic Issues

Part-time employment now stands at 16.6% of total employment in Canada and therefore governments and employers can no longer afford to ignore the demands of part-time workers for improved wages and benefits.

This paper attempts to examine part-time employment from both a legal and economic perspective, looking at the extent of part-time employment, the compensation arrangements for part-time employees with particular emphasis on benefits other than wages, and the apparent inequities in these arrangements. The treatment of part-time workers under existing employment standards and collective bargaining legislation is reviewed and the potential impact of the Charter of Rights and Freedoms is examined. Finally, the actual cost of prorating benefits for part-time workers or paying cash in lieu of benefits is examined within the framework of the model developed in 1982 by Reid and Swartz. Overall, the available data seems to indicate that these costs are not overly excessive.

Interpretation of the Charter, although uncertain at this point in time, may require governments to amend existing employment legislation as it pertains to part-time workers to eliminate any discriminatory elements, and consequently force employers to provide a full range of benefits on a prorated basis.

The time has come to recognize part-time workers as a distinct group and to provide equitable compensation in terms of wages, and especially benefits. This may result in a more satisfied workforce and have positive effects on productivity, turnover, and absenteeism, and thereby assist to a large degree in offsetting the increase in costs of providing the prorated benefits.


Part-time, Casual and Other Atypical Workers: A Legal View

Most academic labour lawyers in Canada are used to focussing their attention on the “traditional” employment relationship in which workers are more or less permanently employed by a single employer and regularly work forty or so hours per week. This paper focusses attention on the “Baker Street irregulars” of the labour market, to use a Sherlockian analogy. These are workers who do not fit the mould of the “traditional” employment relationship.

The Seniority Principle: Is It Discriminatory?

The increasing public awareness of the inequality prevalent in the Canadian workplace has led to a state whereby employees are questioning the effects that employment rules and practices have on them as individuals, as well as members of a group. Seniority systems are one such employment practice which is under examination for a discriminatory effect on women and minorities in the labour force. This paper pursues the questionable effects of seniority systems by examining; the remedial powers at the disposal of each legal forum available to an employee to pursue a discrimination claim, the relevant Canadian jurisprudence on discrimination, and the American experience with discrimination claims based on seniority. This paper concludes with a proposal detailing an outline of an affirmative action plan tailored to fit the Canadian situation as it is exposed by the previous sections of the paper.

The Evolution of Sexual Harassment Case Law in Canada

In this paper, Deborah Ann Campbell takes a look at the issue of sexual harassment in the Canadian workplace. Once considered to be an accepted part of a woman’s job — something she just had to put up with — the author reflects on the changing legal and social attitudes towards sexual harassment. This report traces the evolution of sexual harassment case law in Canada, to illustrate how the fundamental issues were resolved. The emphasis is on Ontario human rights cases and Canadian arbitration cases.

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