Instructor(s): John Craig, Tim Gleason
Pre-requisites/Co-requisites
Labour and Employment Law

This course is offered in alternate years.

For graduate students, the course number is LAW2003HS.

This course will explore the theory of labour relations law in the practical context of our fluid and globalized economy. A union may be certified by a labour board, and bargaining unit employees may be covered by a union's hard-won bargaining rights, but how can a union preserve these for its own benefit, and the benefit of its bargaining unit, and how can an employer ensure sufficient flexibility to compete? Concepts of successor rights and common employer under provincial and federal labour statutes will be explored. Restrictions on contracting out, and when an employer is the "true employer" or merely an illusory personnel agency, will be considered. Bargaining obligations designed to ensure some permanence to the bargaining unit will also be given prominence. Alternate bargaining structures, to be contrasted with the single plant traditional paradigm in North America, will be relevant to considering the permanence of trade union bargaining rights. The course will focus on theory and policy pertaining to these issues, as well as the bargaining and litigation strategies that might be employed in the practical world of labour conflict and dispute resolution.

Evaluation
A research paper 6000 – 7500 words (25-30 pp) 75% on a subject approved by the instructor; 15% for in-class assignments and/or seminar presentation; and 10% for class participation.

At a Glance

Second Term
Credits
3
Hours
2

Enrolment

Maximum
25

20 JD
5 MSL/NDEGS/SJD U

Schedule

M: 6:10 - 8:00