Business law exam - Case Study Example

This definition also ensures that the employer is protected against unlawful acts by employees, which might jeopardize the welfare of the organization. The Rand formula This stipulates the requirement of the Canadian employment laws, requiring that all employees should pay the trade union dues and subscriptions, notwithstanding their union membership status. The significance of The Rand formula for labor laws in Canada is to ensure that employees do not disassociate themselves with union membership through failing to pay the required dues, yet they benefit from the functions of the union.

Wagnerism This is a provision of the law allowing employees in the private sector to engage in lawful labor practices, such as the establishment of labor unions, participating in lawful strikes and signing collective bargaining agreements with their employers. However, the law exempts certain employees from being considered eligible for Wagnerism, such as the domestic workers. The significance of Wagnerism for labor law in Canada is to give employees working under private sector the rights to exercise their freedom at the workplace, though within the confines of the law.

Secondary picketing This refers to lawful protesting by employees in support of their union activities, in a different location that is not their employer’s premises. Secondary picketing allows the union members to undertake protests or demonstrations in favor of their union, where the employer has blocked them from accessing the premises. The significance of secondary picketing for labor laws in Canada is to allow employees a channel through which they can express their grievances, on the event that their employer has blocked them from protesting within the employer’s premises.

Part B Question 1 The role of International Labor Organization (ILO) is to set and oversee the adherence of the international standards of labor, as well as fair working conditions and terms, for employees globally. Thus, the ILO provides guidance for the acceptable labor standards, while advocating for the improvement of the working environment for the employees. The ILO also defines the relationship between employees and employers, with a focus on the rights and responsibilities of each party.

The impact of ILO functions, on the Canadian Labor laws, is to streamline the laws so they match the required international standards and requirements. Question 2 The role of the arbitrator, as stipulated by the Canadian labor laws, is to intervene in the conflict between employees and their employers. Therefore, an arbitrator plays the role of resolving the conflict arising at the work place, or any other work related conflicts between the employer and employees. The functions and powers of the arbitrator were extended by a court ruling, granting an arbitrator the powers to require specific performance from an employer or an employee, depending on who is wrong.

The impact of the Weber decision to the powers of the arbitrator is that it extended these powers, to allow an arbitrator change the collective agreement terms between the employer and the employee, as the arbitrator deems necessary. Question 4 The relationship between a union and its members is that of a contract. Therefore, the contract is established on the basis of the union receiving dues and subscriptions from the members, and in turn the union represents the interest