scholarly journals In Good Faith? An Analysis of the Features and Outcomes of Duty of Fair Representation Cases

2010 ◽  
Vol 65 (1) ◽  
pp. 118-133
Author(s):  
Fiona A. E. McQuarrie

While the union’s duty of fair representation (DFR) toward its members is well established in Canadian labour law, relatively little research has examined Canadian DFR cases or factors that may affect the outcome of DFR complaints. This paper examines 138 DFR cases filed with the British Columbia Labour Relations Board between 2000 and 2006. Only eight of the 138 cases resulted in a decision in favour of the complainant. The most common reasons for DFR complaints were the union’s alleged failure to pursue grievances relating to termination or to pursue grievances relating to job changes. The majority of complainants represented themselves in the process. Future research could expand upon these findings to improve understanding of the duty of fair representation and its application.

1996 ◽  
Vol 21 (02) ◽  
pp. 313-351 ◽  
Author(s):  
Jonathan Goldberg-Hiller

This article uses a critical theoryllegal mobilization perspective to study the 1987–92 trade union boycott of the British Columbia labour law. The problems encountered establishing a total boycott–one that would eschew all contact with the state–and the subsequent modification of the parameters of the boycott through a selective reliance on the law offer an important case from which to learn more about the role of law and legal rights in highly regulated organizations and how collectives mobilize the law. The author argues that legal rights are important to unions because of their ability to mediate the complexity of labour relations through a decentralization of authority. At the same time, mobilization of the law for this purpose accentuates localized identities and unequal resources that operate in tension with a boycott ethos, necessitating a deliberative politics to legitimize the law. By exploring the tension between these two forms of mobilization around law–one to reduce complexity, another to legitimize broad collective norms–the author analyzes and draws some conclusions about the reproduction of social unionism in British Columbia.


Author(s):  
Jarrett R. Bachman ◽  
John S. Hull ◽  
Byron Marlowe

The number of craft breweries in British Columbia has grown significantly in recent years,numbering over 140 in 2017. Very little is known about the effects of the craft brewery industryin British Columbia, specifically as it relates to impacts not related to brewery revenue and jobcreation. Beyond British Columbia, the craft beer industry has not empirically examined non-revenue impacts in a manner that reflects the global growth of the sector. Tourism experiences,such as those offered by craft breweries, are becoming increasingly important for resilience and sustainable growth and success of destinations. The goal of this research was to determine whovisitors to craft breweries are, how tourist and resident patrons differ, and what effects craftbreweries have on tourists who visit breweries. A 55 item survey was distributed at 11 craftbreweries in three regions in British Columbia during the summer of 2017. Results founddifferences between tourist and resident patrons in self-image congruency, age and travel partysize, but no difference in gender, education, or household income. From a tourism standpoint, itwas found that memories have a significant, positive impact on loyalty regarding the breweryand the destination. For tourists, strong connections were found between social involvement andboth authenticity and place attachment for those who were more socially involved in craft beer.Comparisons to previous research in the wine industry provide additional commentary.Implications for craft breweries, destinations, and future research in this area are discussed.


Author(s):  
Christopher Ocker ◽  
Kevin Madigan

AbstractThis essay surveys a generation of scholarship since the death of Beryl Smalley, pioneer in the study of the medieval reception of the bible, in 1984. We try to give a fair representation of work produced in English, French, German, and Italian over the last thirty years. We report on: 1) editions, tools, and translations, 2) surveys and synthetic treatments, 3) work on medieval biblical hermeneutics, 4) studies of periods and individuals, 5) thematic studies and studies of biblical books and pericopes across broad periods, and 6) comparative work on Muslim, Jewish, and Christian exegesis. We describe a rapidly growing quantity of knowledge and expanding perspectives on biblical interpretation in medieval culture. We conclude with suggestions for future research.


2009 ◽  
Vol 36 (3-4) ◽  
pp. 499-516 ◽  
Author(s):  
Scott MacDonald ◽  
Jinhui Zhao ◽  
Basia Pakula ◽  
Tim Stockwell ◽  
Lorissa Martens

Alcohol sales data provide a more accurate indication of alcohol consumption than alternative methods such as population surveys. This information can be used to better understand epidemiological issues related to alcohol consumption, policy development and evaluation. Official sales records were collected for the 28 regional districts of British Columbia (BC) for 2002–2005, while homemade alcohol was estimated from survey data. Alcohol consumption rates were found to vary across geographic regions, by season, and with population level demographics. Government stores were the largest source of alcohol consumption in BC, accounting for 45.1% of total alcohol consumption in 2004. U-Brews/U-Vins accounted for 4.0%, private liquor stores accounted for 27.5% of the total, and homemade alcohol made up 4.3% of total alcohol consumption. Analysis also revealed that the average alcohol concentration in wines (12.53%) and coolers (6.77%) has been underestimated by Statistics Canada. The feasibility of developing this type of alcohol monitoring system is examined. Finally, implications for the development of targeted public health initiatives and future research are discussed.


2005 ◽  
Vol 37 (3) ◽  
pp. 753-775
Author(s):  
Pitman B. Potter ◽  
Li Jianyong

This paper examines the new Labour Law of the PRC, effective January 1, 1995, in the light of current and historical conditions of labour relations in China. Provisions regarding the labour contract system and dispute resolution are discussed in greater detail. Issues related to the introduction of collective bargaining and to the relationship between trade unions and the Communist Party are also examined. In their overall assessment, the authors recognize the potential significance of the Labour Law as a major step towards the legal protection of workers' rights, but point out that its effectiveness could be undermined by the preeminent policy of economic growth, by concerns about political control, and by obstacles to full implementation.


Obiter ◽  
2016 ◽  
Vol 37 (3) ◽  
Author(s):  
Fiona Leppan ◽  
Avinash Govindjee ◽  
Ben Cripps

While good-faith bargaining is recognized in many overseas jurisdictions and by the International Labour Organisation, such a duty has not been incorporated in South African labour legislation. Given the many recent examples of labour unrest in South Africa, it is time to consider whether there should be a duty to bargain in good faith when taking part in collective bargaining. Recognizing such a duty would arguably benefit both employers and employees and South Africa as a whole.


2019 ◽  
Vol 34 (4) ◽  
pp. 726-736
Author(s):  
Luca Carollo ◽  
Marco Guerci ◽  
Nicoletta Parisi

Whistleblowing is a typical and widespread phenomenon in contemporary societies, and it has the potential to illuminate many of the issues that affect the workplace today. By recounting the story of an Italian whistleblower who suffered harsh professional retaliation and severe personal consequences because of his disclosure of accounting malpractices in his employing organization, this article aims to furnish a series of insights and stimulate avenues for future research. In particular, the account yields rich insights into current pervasive forms of managerial control of the workforce, the role of traditional and new actors in influencing the power dynamics of the employment relationship, and the interplay between the organizational and institutional levels in the regulation of labour relations.


1974 ◽  
Vol 9 (4) ◽  
pp. 558-567 ◽  
Author(s):  
Zvi H. Bar-Niv

One of the events marking the legal development of this country which has taken place since the first International Congress of Jewish Lawyers and Jurists, is the coming into being of a new system of Courts—the Labour Courts. Israel thus joined the ever increasing number of states having a special judiciary to adjudicate in matters of labour.The Law establishing the Labour Courts came into operation on September 1, 1969, exactly four years ago. This period is too short for a sound evaluation and because of my position, I am to some extent, disqualified from evaluating results and achievements, even in as far as already warranted by experience.Being fully aware of these limitations, in this address I will try to present this new component of the Judiciary of Israel, and to outline the place of the Labour Courts in the Legal and Labour Relations Systems of Israel.Before dealing with the Labour Courts, their composition and jurisdiction, it would, I believe be proper to make some remarks on the labour relations system of Israel, and to comment on some basic features of our labour law. This has to be done, since the Labour Courts, although institutionally and constitutionally part of the Judiciary, are an integral component of the labour relations system, just as the Judiciary as a whole is an integral component of the socio-economic and political system of any state.


2017 ◽  
Vol 27 (4) ◽  
pp. 512-528 ◽  
Author(s):  
Robert Knegt

The article evaluates labour law’s strategies of coping with the pressure put on its project of realizing justice by a hegemony of economic perspectives on labour markets. Its consequences for a methodology of labour law are set out by critically engaging with recent proposals made by Simon Deakin and Ruth Dukes. It is argued that a socio-historical perspective on the role of legal models in actually shaping labour relations can enrich the concept of a ‘labour constitution’.


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